HomeMy WebLinkAbout07-12-2023 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT
Wednesday, July 12, 2023 — 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
Agenda:
1. Call to Order
2. Roll Call
3. Special Exception Item
a. EXC23-0007: An application submitted by Doug Fern of Faith Academy requesting
a special exception to allow the expansion of a general educational facility in the
Community Commercial (CC-2) zone for the property located at 1030 Cross Park
Avenue.
4. Consideration of Meeting Minutes: June 14, 2023
5. Adjournment
If you need disability -related accommodations in order to participate in this meeting, please
contact Kirk Lehmann, Urban Planning at 319-356-5247 or at klehmanntcDiowa-city.org.
Early requests are strongly encouraged to allow sufficient time to meet your access needs.
Upcoming Board of Adjustment Meetings
Formal: August 9 / September 13 / October 11
Informal: Scheduled as needed.
July 12, 2023
Board of Adjustment Meeting
EXC23-0007
ITEM 3A ON THE AGENDA
Staff Report
Prepared by Staff
STAFF REPORT
To: Board of Adjustment Prepared by: Madison Conley, Associate Planner
Item: EXC23-0007 Date: July 12, 2023
Parcel Number: 1023243001, 1023243002
GENERAL INFORMATION:
Applicant/Contact Person: Doug Fern
Faith Academy
1030 Cross Park Ave.
Iowa City, IA 52240
dfern@faithacademyiowa.org
Property Owner(s): Parkview Evangelical Free Church
1030 Cross Park Ave.
Iowa City, IA 52240
Requested Action: Approval of a special exception to allow the
expansion of an educational facility in a CC-2 zone
from 105 to 150 students.
Purpose: To allow expansion of school operating under a
previously granted special exception. Increase
student enrollment past the 105-student limit.
Location: 1030 Cross Park Road
Location Map: s Ir
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Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Applicable Code Sections:
File Date:
BACKGROUND:
147,066 square feet
Community Commercial (CC-2)
North: Community -Commercial District (CC-2)
East: High -Density Multi -Family Residential and
Low Density Multi -Family Residential (RM-
44, RM-12); Community -Commercial District
(CC-2)
South: Low Density Multi -Family Residential and
Low -Density Single -Family Residential
(RM-12, RS-5)
West: Community -Commercial (CC-2),
Commercial Office (CO-1)
14-4B-3A: General Approval Criteria
14-413-41D-9: General Educational Facilities In The
CC-2 Zone
June 5, 2023
1030 Cross Park Avenue is a private, elementary school located in the back of a
commercial building containing retail storefronts in Pepperwood Plaza. The school entrances
face a residential neighborhood which separates the school from the high -traffic commercial
area.
In 2013, Faith Academy was granted a special exception to allow for a General Educational
Facility in a Community Commercial (CC-2) zone at 1030 Cross Park Avenue to serve 25
kindergarten and 1st grade students. (EXC13-00011). This special exception included a
condition that required another special exception if the enrollment increased over 50 students or
if there was an addition of 500 or more square feet of floor area.
In 2014, Faith Academy applied for a special exception to expand the size of the school and add
more students. (EXC 14-00006). The special exception included a condition that required
another special exception if the enrollment increased over 105 students, or if there was an
addition of more than 500 square feet of floor area. The special exception was granted, and the
school added an entrance and rearranged the drop-off and pick-up points from the west
entrance near a loading dock to a one-way alley on the east side of the building next to the new
entrance to increase safety and efficiency.
In 2019, Parkview Church applied for and was granted a special exception to expand the
General Educational Facility from approximately 13,772 square feet to 15,100 square feet.
(EXC19-01). The special exception included a condition that an enrollment of more than 105
students or an addition of more than 500 square feet of floor area will require a new special
exception.
Faith Academy is now requesting to increase enrollment from 105 students to 150 students. Per
the conditions of the 2019 special exception this requires a new special exception. This request
is only for an increase in the number of students and does not include an increase in the square
footage of the educational space.
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 14-46-413-9, pertaining to General Educational Facilities in CC-2 Zones
and the general approval criteria in Section 14-413-3A.
For the Board of Adjustment to grant this special exception request, all of the criteria below must
be met. The burden of proof is on the applicant, and their comments regarding each criterion may
be found on the attached application. Staff comments regarding each criterion are set below.
Specific Standards: 14-413-413-9: General Educational Facilities in CC-2 Zones:
a. The use will be functionally compatible with surrounding uses and will not
inhibit retail and service uses for which the zone is primarily intended. The board may
consider such factors as site layout, size and scale of the development, and traffic
circulation.
FINDINGS:
• The school entrance is located on the south side of the building away from the
commercial area of the property, including the customer parking area.
• The school uses a one-way rear drive along Broadway St. for student drop
off/pick up. This location does not interfere with traffic in the commercial area.
• Student drop off and pick up are from 7:55 a.m. to 8:15 a.m. and 3:15 p.m. to
3:30 p.m. Monday through Friday. These times do not impact the surrounding
uses and deliveries to the neighboring commercial space.
• A portion of the paved area is used for both outdoor play and parking. The play
area includes games for basketball, hopscotch, and four square. Staff
recommends a condition that a delineation between the portion of the paved area
that will be used for play and that used for parking. Additionally, staff
recommends as a condition to create a clear delineation between the play area
and parking lot, two parking spaces behind the African Market (identified as the
commercial space on the site plan) be relocated to the southwest side of the
building. Access to the commercial space will still be adequate for deliveries.
b. The use must provide a drop off/pick up area in a location that is convenient
to, or has good pedestrian access to, the entrance to the facility. The drop off/pick up
area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic
does not stack into adjacent streets or other public rights of way.
F
FINDINGS:
• The school uses a one-way rear drive along Broadway St. for student drop
off/pick up.
• The drop off/pick up area runs north/south along the length of the building
(approximately 500') which provides enough stacking for more than 25 cars.
The length of the drop off/pick up area will help to prevent traffic from spilling
out onto Broadway Street.
• The drop off/pick up area is located just east of the main entrance with
pedestrian access provided to the entrance.
• Approximately 30% of the student body uses Faith Academy owned
transportation (two 15-passenger vans and one 17-passenger school bus)
that park in the west parking lot for student drop-off and pick-up. The
remainder of the students use private vehicles along the drop off and pick up
on the east side. Many of the students are siblings and will arrive together.
• About one-third of the student body attends an after -school Boys and Girls
Club, which is hosted in another suite within Pepperwood Plaza that is to the
north of Faith Academy. This results in less traffic at pick-up.
c. The site must be designed to promote safe and convenient pedestrian,
bicycle, and vehicular circulation to the school according to the standards set forth in
subsection 14-2C-6F, "Pedestrian, Bicycle, And Vehicular Circulation", of this title.
Pedestrian walkways must be established connecting the main entrance(s) of the school
to adjacent public sidewalks and trails.
FINDINGS:
According to code 14-2C-6F-1, "Pedestrian walkways must be provided
between principal buildings and abutting rights -of -way." The school has
existing pedestrian walkways that connect from the main entrance of the
school to the public sidewalk along Cross Park Ave.
Code section 14-2C-6F-5 states, "Bicycle parking facilities must be located in
areas convenient to building entrances...". The site plan shows a proposed
bicycle rack to be located near the playground area. Access to the bicycle
parking is provided from an existing pedestrian walkway located between
Cross Park Ave. and the main entrance. The proposed bike parking will
include four bike parking spaces, which is required by code.
The site plan submitted with the special exception shows directional
pavement markings for the one-way and two-way drives, as well as one-way
do not enter signage at the start of the one-way.
The site plan includes a pavement marking to delineate the play area from
the existing parking spaces.
Staff is recommending a condition that requires submittal of a site plan
application that demonstrates consistency with the site plan submitted with
the special exception case. Pavement markings such as directional arrows, a
stripe to delineate the play area from the parking lot, restriping of all parking
spaces, and the implementation of a "Do Not Enter' sign must be added at
the end of the one-way drive.
4
General Standards: 14-4B-3A: 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:
• This school has been operating at this location since 2013 with no reported health
or safety issues.
• The proposed expansion would allow for an enrollment increase to 150 students
and will not impact the current square footage of the school. Staff is recommending
a condition that future expansions of the school enrollment and/or footprint require
a special exception similar to previous special exceptions.
• The applicant has delineated the parking lot from the play space by a pavement
marking which promotes the safety of the students.
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:
• Faith Academy has been in operation since 2013 and serves the residents of the
surrounding neighborhood.
• The school maintains limited hours of operation (7:30 am-3:30 pm) that do not
conflict with peak commercial times.
• Typically, places of worship and schools are seen as amenities in a neighborhood
and do not negatively impact property values.
• The school does not plan to expand the building with any additions.
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:
• Faith Academy has been in operation for the past ten years without impeding
normal and orderly development.
• There is viable commercial activity in the front part of the building facing the
Pepperwood Plaza parking lot.
• The school has an entrance located on the south side of the building that faces
multi -family residential and is separate from the commercial on the north.
• Staff recommends as a condition that a new special exception application is
required if Faith Academy plans to increase the square footage of the building by
500 square feet or more and/or if there is an expansion of enrollment over the 150-
student limit. A new application is required in order to assess the impacts an
enrollment increase or building expansion may have on the development and
improvement of the surrounding property where Faith Academy is located.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
• Utilities, access roads, drainage and/or necessary facilities are already provided
and will continue to be provided.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
• Faith Academy is in a low traffic residential area.
• The drive is a one-way for pick-up/drop off. The recommended condition would
require directional arrow markings and do not enter signage to minimize traffic
congestion and to help clarify the traffic flow of the one-way drive.
• The applicant states that 30% of the student body uses Faith Academy owned
transportation (two 15-passenger vans and one 17-passenger school bus) that
park in the west parking lot for student drop-off and pick-up. The remainder of the
students use private vehicles along the drop off and pick up on the east side. Many
of the students are siblings and will arrive together.
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:
• A site plan application will be needed, and this site plan must include a landscaping
plan to ensure S2 screening is met, as well as the required directional signage,
and parking area striping.
• All other CC-2 zone requirements are met.
7. The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
FINDINGS:
• The Comprehensive Plan calls for neighborhood elementary schools as an integral
part of healthy, sustainable neighborhoods. Schools also provide a relationship
with the surrounding neighborhood that facilitates social connections, identity, and
the well-being of families whose children attend these schools.
• The South District Plan sees neighborhood schools, especially elementary
schools, as "integral to healthy, sustainable, neighborhoods.
STAFF RECOMMENDATION:
Staff recommends approval of the EXC23-0007, a special exception to allow the expansion of
the General Educational Facility's student enrollment from 105 to 150 students in the
Community Commercial (CC-2) zone located at 1030 Cross Park Ave subject to the following
conditions:
1. Submittal of a site plan that demonstrates consistency with the site plan submitted with
the special exception case. The site plan shall show:
• Directional arrows for the one-way and two-way drive,
• Delineation between the play area and the parking area
• Restriping of all parking spaces, and
• A "Do Not Enter" sign added at the end of the one-way drive.
2. An enrollment of more than 150 students or an addition of more than 500 square feet of
floor area will be considered an expansion of the use that requires a new special
exception.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Correspondence
4. Application Materials
Approved by:
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
July 12, 2023
Board of Adjustment Meeting
EXC23-0007
ATTACHMENT 1
Location Map
Prepared by Staff
July 12, 2023
Board of Adjustment Meeting
EXC23-0007
ATTACHMENT 2
Zoning Map
Prepared by Staff
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July 12, 2023
Board of Adjustment Meeting
EXC23-0007
ATTACHMENT 3
Correspondence
Submitted by the Identified Party
GOOD
BIBLE
July 3rd, 2023
NEWS
CHURCH
City of Iowa City
410 East Washington St.
Iowa City, IA 52240-1826
ATTN: Madison Conley, Associate Planner
Dear Ms. Conley,
Good News Bible Church
845 Pepperwood Lane
Iowa City, IA 52240
(319) 354-3331
We are in receipt of your letter RE: EXC23-0007: Special Exemption for 1030 Cross Park Ave. We have
reviewed the enclosed aerial map, and we are familiar with the building.
We fully endorse and recommend to the Iowa City Board of Adjustment the request for special exemption,
submitted by Doug Fern on behalf of Faith Academy. The school has a significant positive impact on children
and families in this neighborhood. Again, we fully support their mission and their application. We request that
the Iowa City Board of Adjustment would grant this special exemption.
Sincerely,
Barry W.Bedfor
Chairman, Board o Elders
Good News Bible Church
gnbc2@goodnewsiowacity.com
www.goodnewsiowacity.com
BRINGING
July 12, 2023
Board of Adjustment Meeting
EXC23-0007
ATTACHMENT 3
Special Exception Application Materials
Submitted by the Applicant
D. General Approval Criteria: In addition to the specific approval criteria addressed in "C", the
Board must also find that the requested special exception meets the following general approval criteria
or that the following criteria do not apply. In the space provided below, or on an attached sheet, provide
specific information, not just opinions, that demonstrate that the specific requested special exception
meets the general approval criteria listed below or that the approval criteria are not relevant in your
particular case.
1. The specific proposed exception will not be detrimental to or endanger the public health, safety,
comfort, or general welfare.
A previously approved special exception requested a fenced in playground and additional sidewalks.
These have been successfully implemented. This expansion does not materially change the site usage or
the public health, safety, comfort or general welfare.
2. The specific proposed exception will not be injurious to the use and enjoyment of other property in
the immediate vicinity and will not substantially diminish and impair property values in the
neighborhood. Faith academy has been in operation since 2013 has been a net positive to the
neighborhood.
3. Establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the district in which
such property is located.
The school and playground face a residential zone and are harmonious with the intended usage of the
RM12 and RM44 zones that border the property on either side of Cross Park Ave. and Broadway.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.
No modifications to utilities, roads, or drainage are being proposed. The revisions to the special
exception will slightly increase the usage of these facilities, however, the increase in usage will not
require modification to the supplied utilities beyond what had already been approved.
5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize
traffic congestion on public streets.
The traffic load to the site will not be changed significantly from what was approved in the previous
special exception. Most of the increase in student capacity will result from expanding the grade levels
served from kindergarten through grade 6 to Pre-K through grade 8. We anticipate much of the
additional student population will be siblings of current students who will arrive and depart from the site
in the same vehicles as the existing student population. More students may also be added to the existing
bussing system of the school. There is no plan to add additional vehicles for bussing. The school has a
well -established drop-off and pick-up routine and it has not caused a problem with the local traffic.
6. Except for the specific regulations and standards applicable to the special exception being considered,
the specific proposed exception in all other respects conforms to the applicable regulations or standards
of the zone in which it is to be located. [Depending on the type of special exception requested, certain
specific conditions may need to be met. The applicant will demonstrate compliance with the specific
conditions required for a particular use as provided in the City Code section 14-413 as well as
requirements listed in the base zone or applicable overlay zone and applicable site development
standards (14-5A through K).]
Faith Academy will continue to comply with all City Code requirements.
7. The proposed use will be consistent with the Comprehensive Plan of the City.
Absolutely! The South District Plan neighborhood quality goal #2 is
"Expand opportunities for children and youth in South Iowa City" Faith Academy has been doing this for
the 10 years it has been in operation, both through the operation of the school and through the free
after school programs offered.
The South District Plan also notes that "neighborhood commercial areas may include institutional uses
(e.g. daycare, churches or educational facilities)" (pg. 49)
Specific Approval Criteria
a. The use will be functionally compatible with surrounding uses and will not inhibit retail and
service uses for which the zone is primarily intended. The board may consider such factors as site layout,
size and scale of the development, and traffic circulation.
b. The use must provide a drop off/pick up area in a location that is convenient to, or has good
pedestrian access to, the entrance to the facility. The drop off/pick up area must contain sufficient
stacking spaces and/or parking spaces to ensure that traffic does not stack into adjacent streets or other
public rights of way.
C. The site must be designed to promote safe and convenient pedestrian, bicycle, and vehicular
circulation to the school according to the standards set forth in subsection 14-2C-6F, "Pedestrian, Bicycle,
And Vehicular Circulation", of this title. Pedestrian walkways must be established connecting the main
entrance(s) of the school to adjacent public sidewalks and trails. (Ord. 13-4543, 8-20-2013; amd. Ord. 16-
4667, 7-5-2016)
The current school has been evaluated against these criteria and found to be compliant in 2014 when
the current special exception was approved. That special exception required a re -application under 2
circumstances:
"An enrollment of more than 105 students, or an addition of more than 500 square feet of floor are will
be considered of an expansion of the use that requires a new special exception.,
In 2019 a special exception was granted to allow for the expansion of the square footage of the school
operating within the previously granted special exception. The expansion of square footage provided
more than adequate space to accommodate the currently requested increase in student enrollment
from the previously allowed 105 students to the requested 150 students.
The increased student enrollment is a result of increasing demand from the population already being
served and from new applicants, to provide Preschool and junior high grade level services as well as
accommodating siblings of already enrolled students. The existing square footage in each of the ten
existing classrooms provides adequate space to increase the class sizes from 15 to 18 students per grade
level. A dedicated library space, tutoring rooms, resource room, lunch room, kitchen, and adequately
sized restroom capacity are already in existence. Space withing the existing structure may be
repurposed as necessary should the current usages prove to be less than optimal.
In addition to the school program, Parkview Church has a satellite church campus at this location. They
have been using the school gym for Sunday morning services and have been parking south of the
building and entering through the school entrance. The church has expanded into the existing space to
gain a permanent sanctuary and the ability to use the north parking lot and the north entrance along the
retail side of the building. Churches are a permitted use of the CC-2 zone so this is not believed to be a
factor in the special exception. To ensure compliance with 14-48-4-D-9 criteria a, the north entrance has
been signed with "Parkview Church" signage and not Faith Academy, and is not open for school drop-off
times.
Faith Academy has a well -established drop-off and pick-up routine using the south entrance. This
entrance utilizes a secure vestibule adjacent to the school office as is typical of elementary schools, and
there is no plan to change this set up. Signage has been added identifying the south entrance as Faith
Academy. School staff would continue to park to the south of the building so as to not interfere with the
retail parking to the north.
Dear Madison:
Thank you for the communication regarding the special exception application for the property located at
1030 Cross Park Avenue (EXC23-007).
A new site plan is being developed which will include the North entrance to the drop-off/pick-up area.
The majority of the drop-off/pick-up area is one way, flowing North to South. The seven parking spaces
to the East of the playground, on the southeast corner of the property are accessible both from Cross
Park Ave and from the one way alley which is serving as the drop-off/pick-up lane. Faith Academy is
amenable to adding "do not enter" signage to the North of the seven parking spaces at the alley, and if
required, arrows on the pavement.
There are 10 classrooms, and we understand this requires 20 vehicular parking spaces and a minimum of
5 bicycle parking spaces. The revised site plan will show more bicycle parking relocated to the area South
of the seven parking spaces on the Southeast corner of the property and reconfigure the parking lot on
the southwest corner of the property to provide a more delineated playground area.
The African Market receives one delivery a day during the school day. For this reason, the revised site
plan will eliminate parking spaces in front of the door they use to receive this delivery and realign the
existing parking spots, which were previously adjacent to the South side of the building, further away
from the building to allow a clearly defined play area to exist separately from the parking area.
Student drop-off occurs from 7:55am-8:15am M-F and student pick-up occurs from 3:15pm-3:30pm M-F.
These times do not coincide with deliveries to the neighboring commercial space.
Approximately one-third of the student body uses the Faith Academy owned transportation, including
two 15-passenger vans and a 17-passenger school bus. These vehicles utilize the West parking lot for
student drop-off/pick-up. The remainder of the students arrive by private vehicles in the
drop-off/pick-up lane to the East of the building. Many of the students are siblings and arrive together in
a handful of vehicles. There are a few students who walk or ride bicycles to school.
At the end of the school day approximately one-third of the student body attends the Boys and Girls Club
after school. This organization hosts the students in another suite within the Pepperwood Plaza
development to the North of the Faith Academy Suite for up to two hours after school is dismissed. The
traffic in the pick-up lane is lighter after school due to the smaller number of students leaving the site at
that time.
The majority of the anticipated student body growth is expected to come from siblings of existing
students thereby only slightly affecting the number of vehicles accessing the drop-off/pick-up lane.
Would the City consider eliminating the request for additional screening of parking areas, loading areas,
and drives? We feel it is essential to point out that the South District Neighborhood Association invested
a great deal of volunteer labor and time removing unsightly and overgrown shrubbery along the entire
East edge of the property and then painted a beautiful mural the full length of the building to celebrate
the unique culture of the area. Screening this mural from view would be inconsistent with the spirit and
purpose of painting the mural. Likewise, the playground area was installed partially as a way for Parkview
Church and Faith Academy to give back to the community by inviting the entire community to partake in
the enjoyment of this resource. We feel it is important the playground be easily seen from the
surrounding streets, and not shielded from view so as to invite community members into the area.
Respectfully,
Doug Fern
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July 12, 2023
Board of Adjustment Meeting
PRELIMINARY MEETING MINUTES
ITEM 4 ON THE AGENDA
June 14, 2023
Prepared by Staff
MINUTES
BOARD OF ADJUSTMENT
FORMAL MEETING
EMMA HARVAT HALL
JUNE 14, 2023 — 5:15 PM
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT
CALL TO ORDER:
PRELIMINARY
Larry Baker, Nancy Carlson, Bryce Parker (via zoom), Paula
Swygard
Mark Russo
Sue Dulek, Anne Russett
Thomas McInerney
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Carlson outlining the role and purpose of the Board and
the procedures that would be followed in the meeting.
SPECIAL EXCEPTION ITEM EXC23-0006:
An application submitted by Abdulla Hardan (Malka 13, Inc) requesting a special exception to
allow a drive -through facility associated with a sales -oriented retail use in a Community
Commercial (CC-2) zone for the property located at 1910 Lower Muscatine Road.
Carlson opened the public hearing.
Russett began the staff report with an aerial photo of the property. She stated the property is
zoned CC-2 and most of the land surrounding the property is also zoned CC-2 with the
exception to the north which is zoned industrial. In terms of background, this property contains
an existing building that formerly housed a bank with an associated drive -through facility. A
special exception was granted in 2001 to Hawkeye State Bank for the expansion of a drive -
through facility and construction of a drive -through lane and a reduction of stacking spaces.
Staff received a site plan application for this property last year, and it was approved in April
2022, for 1200 square foot building addition. Staff also received a building permit application
which is currently on hold because of this special exception request. Russett showed the site
plan staff received with the special exception application. The proposed building addition is at
the rear of the building and the drive -through facility is also located at the rear of the building.
The drive -through facility is located off of a private drive. This is for a sales -oriented retail use,
specifically a liquor store.
(Parker's zoom connection was dropped and he left the meeting. Dulek stated her advice is that
if Parker is able to reconnect before Russett is done with the staff report that will be fine and he
can participate as he has access to the staff report, if he is unable to rejoin after Russett is done
that would be new information that he would not be able to hear and thus could not participate in
a vote.)
Board of Adjustment
June 14, 2023
Page 2 of 11
Russett stated the role of the Board of Adjustment is to either approve, approve with conditions,
or deny the application based on the facts presented. To approve the special exception the
Board must find that it meets all of the applicable approval criteria including the specific and
general approval criteria.
Russett began with the specific standards for drive -through facilities, first are those related to
access and circulation. The first standard is that whenever possible and practical drive -through
lanes shall be accessed from secondary streets, alleys, or shared cross access drives. The
proposed drive -through lane will be accessible through a private shared access drive on the
south side of the building.
The second criteria is that to provide for safe pedestrian movement, the number and width of
curb cuts serving the use may be limited and Russett stated no new curb cuts have been
proposed with this application.
Third is that an adequate number of stacking spaces must be provided to ensure traffic safety is
not compromised. A minimum of four stacking spaces is recommended for this type of use.
Russett explained in the proposed site plan it shows one drive -through lane that passes one
ordering kiosk and one pickup window. This lane has existed since it was formally a drive -
through facility for banking purposes and the site plan shows four stacking spaces in the drive -
through meeting the minimum requirements.
Next is sufficient on -site signage and pavement markings shall be provided to indicate direction
of vehicle travel, pedestrian crossings, stop signs, no entrance areas, and other controls. The
site plan indicates directional pavement markings in the drive -through area and there's a
pavement marking at the exit that says do not enter.
(Parker rejoined the meeting.)
Russett noted there's also a sign at the exit that says exit only on the site plan to display a
pedestrian path between the existing building and the public sidewalk to be installed toward the
front facade of the building.
The next set of standards are in terms of location criteria. The first standard is that drive -through
lanes and service windows must be located on non -street facing facade and the proposed drive -
through lane is located at the rear of the building and it does not front a street.
Second is that the drive -through lanes must be set back at least 10 feet from adjacent lot lines
and screened from view according to the design standards. The proposed drive -through lane is
set back 10 feet from the adjacent lot line and the site plan shows S2 screening along the
eastern property boundary to screen the drive -through from the adjacent property.
Third is to promote compatibility with surrounding development the number of drive -through
lanes should be limited to not diminish the design quality of the streetscape or the safety of the
pedestrian environment. The site plan proposes one drive -through lane and the drive -through
lane will not impact design quality of the streetscape because it's at the rear portion of the lot
and it's adequately set back and screened by the building from Lower Muscatine and Mall Drive.
The pedestrian routes at the front of the building will be permanently demarcated where they
cross internal drives within the parking area.
Board of Adjustment
June 14, 2023
Page 3 of 11
Next, drive through lanes, bays and stacking spaces shall be screened from views from the
street and adjacent properties to the S2 standard. Russett explained since this is not adjacent to
a residential zone S2 screening would be required and that is demonstrated on the site plan.
Multiple windows servicing a single stacking link should be considered to reduce idling. Russett
stated the site plan does show a single drive -through lane with an ordering kiosk and one pickup
window.
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. Russett reiterated the drive -through is accessed through the shared access
drive off of Lower Muscatine where there is no sidewalk, reducing vehicle and pedestrian
conflicts. The drive -through facilities are clearly separated from the parking areas to avoid
vehicular conflicts and the drive -through is on the rear portion of the lot and screened from
Lower Muscatine and Mall Drive.
Lighting for the drive -through facility must comply with the City's outdoor lighting standards and
staff will ensure that the project meets the City's lighting ordinance at the time of site plan
review.
Loudspeakers or intercom systems, if allowed, should be located and directed to minimize
disturbance to adjacent uses. Russett stated the application does include an ordering kiosk
which faces east toward adjacent commercial uses.
Russett next reviewed the general approval criteria for all special exceptions. The first of which
is the specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare. On -site vehicular circulation and access are adequate to
accommodate anticipated users and drive -through traffic. The proposed signs and pavement
markings will help efficiently direct traffic. Properly paved and designated pedestrian walkways
will increase pedestrian awareness in the in the parking lot on the property as well.
Second, 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 property values. The project
site is located in a CC-2 zone is and is surrounded by CC-2 zoning and one industrial zoned
designation. The addition of this drive -through is to be used for a retail sales -oriented use which
is compatible to other uses in the area. All exterior lighting will be required to meet the City's
standards to prevent light trespass and glare and the proposed exception is not expected to
affect the use, enjoyment or values of nearby uses.
Third, the establishment of the specific proposed exception will not impede the normal and
orderly development and improvement of the surrounding property. The proposed addition of
the drive -through for the retail sales -oriented use aligns with uses of other commercial facilities
within the area and the land surrounding the subject property has already been developed.
The fourth criteria is that adequate utilities, access roads, drainage and/or necessary facilities
have been are or are being provided. Russett reiterated this is within a built -out area and the
proposed special exception is an extension of the already existing buildings. Utilities, drainage
and access roads are provided on the site, and it contains adequate space for vehicular
Board of Adjustment
June 14, 2023
Page 4 of 11
circulation.
Fifth is adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets. The entrance to the drive -through lane is on a
privately owned side street with sufficient stacking spaces to avoid traffic congestion. The drive -
through exit from the property leads onto Mall Drive and adequate signage is shown on the site
plan directing traffic flow to and from the property with the do not enter signs and exit signs and
arrows. There will be no sizable traffic impact to public streets with the addition of the drive -
through lane.
Criteria six is that except for the specific regulations and standards applicable to the exception
being considered, the specific proposed exception and all other respects conforms to the
applicable regulations of the zone. The site plan that was submitted with this special exception
does show that the drive -through lane meets the 10-foot minimum width and it's set back 10 feet
from the property line. This means that the new addition that the applicant is proposing needs to
be 20 feet from the adjacent property line. The site plan the City approved last April shows the
building closer to the property line than 20 feet and the building permit also shows that the
building addition is closer than 20 feet to the property. Therefore, in order to accommodate the
drive -through facility, the building addition must be at least 20 feet from the eastern property line
which requires a smaller building than what was originally proposed and originally approved.
Staff is recommending a few conditions:
1. A new site plan be submitted showing a smaller building addition to ensure the 20-foot
setback distance is met.
2. A building permit application is also submitted that matches the new site plan showing a
smaller building and the 20-foot setback distance.
3. The site plan conform to the site plan submitted with the special exception to ensure that
pavement markings and signage are incorporated into the site.
Russett noted all other zoning requirements will also be checked during the site plan review
process.
The last criteria is that the exception is consistent with the Comprehensive Plan. The
Comprehensive Plan does include goals related to economic development and encouraging the
retention and expansion of existing businesses. The Southeast District Plan also includes
language related to maintaining and updating existing buildings and landscaping, which would
occur as part of this project.
Staff recommends approval of EXC23-0006, to allow an accessory drive -through facility in a
Community Commercial (CC-2) zone, for the property located at 1910 Lower Muscatine Road
subject to the following conditions:
• A new site plan be submitted showing a smaller building addition to ensure the 20'
setback distance is met.
A building permit that matches the new site plan showing the smaller building addition
and the 20' setback distance.
The revised site plan must conform to the site plan submitted with the special exception
to ensure pavement markings and additional signage for the drive -through facility.
Swygard noted the site plan doesn't show the internal flow of traffic in the parking lot area, can
vehicles exit the parking area by going back out through Mall Drive. Russett replied yes.
Board of Adjustment
June 14, 2023
Page 5 of 11
Swygard asked if there is a stop sign at the corner of the building where the exit from the
parking area turns onto Mall Drive where it meets the drive -through lane. Russett replied there's
no stop sign, they are proposing an exit only sign so people entering Mall Drive will see the exit
only sign and know not to go straight. There are also pavement markings that say do not enter.
Swygard noted the staff report describes an expansion of the drive -through in 2001, what was
that expansion? Russett replied they added an additional lane, it either went from one to two or
two to three lanes. Swygard asked regarding the use of the building, is changing from bank
sales to service oriented retail a change in use. Russett explained they are two different uses
but both are commercial uses.
Swygard asked if the retail sales of alcohol is considered non-food and Russett confirmed that
was correct. Swygard asked if this special exemption stays with the property and if this business
goes out for some reason and a pharmacy would move in which is also non-food, do they retain
the special exemption. Russett believes so unless that property was vacant for a period of time
which would require another special exception. She noted there are certain requirements that
would trigger a new special exception, such as if the property is vacant or if they are expanding
the drive -through facility but she is not sure if a change in use would trigger another special
exception for something that's already been approved.
Carlson asked for an explanation of a private road or a private street and what responsibilities
and what rights a person has when their property fronts a private street. Russett explained in
this case it's a shared access drive and it's not public, it's privately owned. It's an area of the site
that can be used by multiple businesses and multiple property owners within the area so the
businesses that are located surrounding the proposed drive -through facility can use this drive to
access their property and should have access to their property at any time and there shouldn't
be anything impeding their movement.
Carlson asked if there any distinction on how soon one can start the stacking line from the edge
of the property, because this stacking line starts almost right directly at the property line. Russett
stated the standards state the drive -through lane has to be 10 feet from the property line but
there isn't a specific standard that addresses where a stacking line starts.
Thomas Mclnernev (Thomas McInerney Architect) stated the project has had an operating drive -
through since probably around 1971 or 1972, so over 50 years. The building itself had been
one of the first properties in that area developed. Hawkeye Motor State Bank operated there for
quite a while until US Bank bought it and then not too long ago it was sold and now they're
readapting it's used. Originally they didn't have a plan to have a drive -through but after some
thought they decided that it would be a good idea since they had a multi -lane type drive -through
already there. Because they could probably do well with just one drive -through lane, and that's
there's plenty of existing pavement, they thought they could still put a small addition on the
building. The addition as drawn, is only 1075 square feet so it's not very big and the building
itself is not very big. The addition will allow them to utilize that extra area and reduce the lanes
from three to one. McInerney noted the good thing about the property is it's operating as a drive -
through for quite a while and it doesn't seem like it has caused much trials or tribulations on how
it operated with a drive -through. The original south access drive has been extended and
connects to the other properties and there was no sidewalk prior 2000 on the north side. A lot of
the development has occurred over time in this area but the building itself is mostly unchanged
since its original construction, other than a small remodeling back in 2010. His client intends to
Board of Adjustment
June 14, 2023
Page 6 of 11
keep the drive -through and that's what they're asking for the Board of Adjustment to approve
Swygard asked about an area at the front of the building that goes down the lane into the
parking lot area along the side of the building from the mall entrance. McInerney stated that's a
curbed traffic island which was likely placed there to steer the people and to give some
clearance. He admitted his client was a little confused about that himself and thinks it should be
another parking space but McInerney actually thinks the island is a good idea.
Swygard noted the footage then from that area decreases from 18 feet wide to 16 feet.
Mclnerny confirmed the existing width is not changing, but because originally the parking was
along the west and people had to walk across traffic to get to the front entrance, their plan is to
basically flip it to the other side and reduce the number of parking. Overall the north side hasn't
really changed except that that curved island is being extended.
Swygard noted this was originally a bank and under that function she assumes they didn't have
a lot of deliveries. Since the use is changing, where will deliveries be made. McInerney stated
deliveries for this size of store are not intense, likely just a van that will park in the one of the
spots that are provided.
McInerney also pointed out a nice feature about the existing drive -through is that it's still a
double wide pavement area and one could still get into line and if they changed their mind they
can get around it and leave the line.
Swygard asked if there is any possibility of moving the pickup window further to the north.
McInerney stated this is not a food -oriented business so it will not have the type of traffic like a
Starbucks, additionally in this particular case a lot of the product is not able to go through the
drive -up window (such as 12 packs and larger items) so people will have to go inside. The
drive -through will likely be to get smokes or something, it's like a quick convenience store
service but they won't hand out 24 packs out the window. Beer or other types of large liquid
items will be bought and sold in in inside.
Carlson asked why they put the kiosks so close to the lot line. McInerney explained usually the
way each of the spaces are designated is 20-foot deep, which is a very large vehicle, and then
there's basically 40-foot worth of drive -through for this type of facility. If someone comes to the
drive -through and want to order a large item they will be instructed to go around and come
inside, the people who want the smaller items are more likely to be in out. A lot of the items that
can be accessed through the drive -up window are going to be easily accessed from the drive -up
window for the staff and so that's the reasoning behind keeping the drive -through not as deep.
Also, the idea is to keep the staff local, and not spread them out too far, otherwise they're going
to have a harder time serving customers. If they spread out things like relocating the window
that will likely require additional employee.
Carlson asked if someone orders liquor from the kiosk they have to be able to prove that they're
21 years old. McInerney confirmed that is correct.
McInerney reiterated going through the drive -up window will have certain size limitations, like a
small fifth or whatever of liquor is usually are pretty quick transactions and they're just a single
buy and they're not buying a lot of different types of items. It is similar to people at a bar, they
become a customer and they usually buy the same thing. This becomes more of an
Board of Adjustment
June 14, 2023
Page 7 of 11
enhancement of delivering services and at the same time letting larger sales and other
customers come in and decide what they want in there.
Carlson stated since it's so close to the property line, what happens if there's someone at the
kiosk ordering something and somebody else comes along on the private street and wants to
buy something but they can't because there's somebody already at the kiosk. McInerney noted
again it's a private drive and people get in line and are out of main traffic on the road. There's
also lots of other avenues that allow one to exit towards the to the east, which is really a nice
feature about the way this property has developed over the last 50 years as before it was a
dead end. The shared private drive is with a laundry service and an orthopedic medical facility
so these are not high traffic areas for retail sales. The way this is proposed is with a variety of
avenues to get to the drive -through without depending on Mall Drive or Lower Muscatine Road.
McInerney also noted the laundry cleaners have a drive -through and there have not been any
traffic problems.
McInerney noted when the bank was in this location that was a different business, and this is
one that will steer people back inside for a significant proportion of sales. He stated it's
important to understand how these businesses operate and the need for a layout that spreads
out points of access and creates security issues for this type of market. The intent here was the
attempt to consolidate the location of the employee so that there isn't a need to have extra staff
Again a significant portion of customers will be directed to go inside but it also allows people to
quick access to small items with the speed and ease of the drive -through. Additionally they are
selling a product that's already prepared which cuts down on time in the drive -through.
Carlson noted most of the pharmacies have drive -through windows also and there may be a
long line sometimes. McInerney stated that is because they have to go through medical
insurance, verifying date of birth, and also they're puffing it in a package. At a liquor store these
are items that are coming off the shelf and are things that are quickly handled versus a
pharmacy which is usually asking the patient if they have any questions regarding the
medications and also verifying insurance coverage, etc., these are issues that don't come up
with liquor and smoke sales. People know what they want, they will have their ID ready.
Swygard asked about the ordering kiosk, it says loudspeakers or intercom systems will not be
provided, so how does the ordering take place. McInerney stated the kiosk is self -serve, and
his understanding is that they will be able to be directed to go around if the item is not provided
as an option on kiosk.
McInerney stated he is unsure of how the kiosk will function but agreed it seems unusual
because he isn't aware of any other kiosk that doesn't have a form of communicating with the
customer through a speaker system.
Dulek noted if the Board finds that necessary and doesn't want to decide without that
information, they could hold the public hearing open and continue it until the next meeting.
McInerney explained that during discussions with staff, after they were told about the location of
the window, the intent is to have some form of communication with the customer, it's reasonable
especially in the circumstances that they are redirected to go around if they're going to get a
larger item. It's just that one time it was thought that that there wasn't a need for an ordering
kiosk, but it was added on after a review with staff.
Board of Adjustment
June 14, 2023
Page 8 of 11
Russett added further clarification stating when they received the original application and the
summary of how the project meets the specific approval criteria, which was provided by the
applicant, that was submitted with the original site plan, it did not include an ordering kiosk and
then as the architect has mentioned the site plan changed over time so it's just a mismatch and
it matches what was originally proposed and does not match what is currently before the Board.
Carlson asked how long it would take to get from the kiosk to the window to be gone.
McInerney stated realistically he doesn't see it being more than a few minutes. The clientele will
likely be habitual customers, they know what they want, and are mostly individual sales. He
doesn't see it longer than probably just a few minutes. He doesn't have any studies about this
with small businesses, it's not like a large corporation like Starbucks where they have corporate
studies and models and stuff like that.
Carlson closed the public hearing.
Baker moved approval of EXC23-0006, to allow an accessory drive -through facility in a
Community Commercial (CC-2) zone, for the property located at 1910 Lower Muscatine
Road subject to the following conditions:
• A new site plan be submitted showing a smaller building addition to ensure the
20' setback distance is met.
• A building permit that matches the new site plan showing the smaller building
addition and the 20' setback distance.
• The revised site plan must conform to the site plan submitted with the special
exception to ensure pavement markings and additional signage for the drive -
through facility.
Swygard seconded the motion.
Baker stated he is more confused now than when it began and interpreting some of the
discussion to satisfy these requirements. The question about how these orders are placed and
questions of time and involving traffic stack -up of cars. He stated one of the important
questions is how the order is processed. It is his understanding that there is some sort of
electronic communication with the store from the car and that means that the order will be ready
by the time the person gets to the window.
Swygard noted one of her main concerns actually is related to the traffic from the parking lot that
is leaving the building to exit onto Mall Drive encounters the cars leaving the drive -through lane.
She doesn't have a good concept of what their timing and the field of vision is as these cars
merge and if one leaving from the parking lot turns left and crosses the drive -through lane
traffic. She would be more comfortable putting an internal stop sign at the corner of the building
so the people leaving the parking lot would have to stop before they made their left turn into the
drive -through lane traffic.
Carlson is concerned about the fact that the kiosk is so close to the property line on the south
side and if it were 20 feet farther north she would have no problem with it. Because if there is
someone at the kiosk, even if it's just for two or three minutes, and someone wants to turn into
the driveway, there is space for them to do that. Having that space to have one car turned in
before the person at the kiosk moves on is probably enough but she is really concerned about
Board of Adjustment
June 14, 2023
Page 9 of 11
someone coming along on that private road and they want to turn in and somebody is there.
Dulek reminded the Board that their comments be tied to one of the criteria.
Carlson is concerned about other vehicles on that private road because it says the proposed
exception is not expected to affect the use, enjoyment or values of nearby uses any more than
then another development allowed within the zone. She is basing her concerns on that and is
questioning if they moved up the kiosk one more stall she could deal with that, but since it is just
so close to the property line, she feels they are going to end up having cars stopped on the
street waiting to pull in. She noted they wanted to keep it on the south end because they want to
consolidate everything so that they can do it with two employees. She would like them to move
it up another 20 feet, hoping that would still work.
Baker doesn't share the concern but he doesn't oppose it either and would support adding that
condition.
Parker agreed although he doesn't share the concern he wouldn't be opposed to adding the
condition.
Baker amended the motion of approval of EXC23-0006, to allow an accessory drive -
through facility in a Community Commercial (CC-2) zone, for the property located at 1910
Lower Muscatine Road subject to the following conditions:
• A new site plan be submitted showing a smaller building addition to ensure the
20' setback distance is met.
• A building permit that matches the new site plan showing the smaller building
addition and the 20' setback distance.
• The revised site plan must conform to the site plan submitted with the special
exception to ensure pavement markings and additional signage for the drive -
through facility.
• The kiosk will be further north toward the pickup window.
Swygard seconded the motion
Carlson stated regarding agenda item EXC23-0006 she does concur with the findings set forth
in the staff report of meeting date, June 14, 2023 with the additional condition and concludes
that the general and specific criteria are satisfied, so unless amended or opposed by another
Board member she recommends that the Board adopt the findings in the staff report for the
approval of this exception. Swygard seconded the findings.
A vote was taken and the motion passed 4-0.
Carlson stated the motion declared approved, any person who wishes to appeal this decision to
a court of record may do so within 30 days after this decision is filed with the City Clerk's Office.
CONSIDER THE MAY 10, 2023 MINUTES:
Board of Adjustment
June 14, 2023
Page 10 of 11
Baker moved to approve the minutes of May 10, 2023. Swygard seconded. A vote was taken
and the motion carried 4-0.
BOARD ANNOUNCEMENTS:
None.
ADJOURNMENT:
Baker moved to adjourn this meeting, Parker seconded, a vote was taken and all approved.
Board of Adjustment
June 14, 2023
Page 11 of 11
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2023
NAME
TERM
EXP.
3/8
4112
4/19
5/10
6/14
BAKER, LARRY
12/31/2027
X
X
O/E
X
X
PARKER, BRYCE
12/31/2024
X
X
O/E
X
X
SWYGARD, PAULA
12/31/2023
X
X
X
X
X
CARLSON, NANCY
12/31/2025
X
X
X
X
X
RUSSO, MARK
12/31/2026
X
Key: X = Present
O = Absent
O/E = Absent/Excused
-- -- = Not a Member