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HomeMy WebLinkAbout02-11-2004 Board of AdjustmentAGENDA IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, FEBRUARY 11, 2004 - 5:00 PM EMMA J. HARVAT HALL A. Call to Order B. Roll Call C. Election of Officers D. Consider the December 10, 2003 Board Minutes E. Special Exception: EXC04-00001 Discussion of an application submitted by Iowa State Bank and Trust Company for a special exception to permit an auto and truck -oriented use, a drive-in bank, and to allow parking on a separate lot for property located in the Community Commercial (CC-2) zone at 1906 Keokuk Street. F. Other G. Board of Adjustment Information H. Adjourn NEXT BOARD OF ADJUSTMENT MEETING — MARCH 10 MINUTES ,; q IOWA CITY BOARD OF ADJUSTMENT DECEMBER 10, 2003 — 5:00 PM rhL EMMA J. HARVAT HALL — IOWA CITY CITY HALL $UbjCCt t0 PIPrOVal MEMBERS PRESENT: Mike Paul, Carol Alexander, Vince Maurer, Eric Gidal, Dennis Keitel MEMBERS ABSENT: None STAFF PRESENT: Robert Miklo, Sarah Holecek CALL TO ORDER Chairperson Paul called the meeting to order at 5:05 PM. ROLL CALL Paul, Alexander, Maurer, Gidal, Keitel rp esent. CONSIDERATION OF THE NOVEMBER 12, 2003 BOARD MINUTES Page 7, Keitel noted the name Chris Steffen was spelled incorrectly. The name should read Chris Stephan. MOTION: Maurer moved to approve the November 12, 2003 minutes as amended. Gidal seconded the motion. Motion carried 5-0. SPECIAL EXCEPTIONS EXC03 — 00018 Public Hearing regarding an application submitted by U.S. Cellular for a special exception to allow a utility substation facility, specifically telecommunications equipment shed, on the rooftop of the hospital in the Commercial Office (CO-1) Zone at 500 Market Street. Miklo reported that US Cellular is proposing to locate the facility on the rooftop of the hospital to allow for the placement of US Cellular antennae to facilitate wireless communication service in the area. Miklo reviewed the application and addressed the specific and general standards for the special exception. Miklo said that staff believes the specific and general standards for allowing a utility substation facility have been met. He said the location of the equipment shed on the roof of the hospital is optimal, as opposed to being located at ground level, and the small size of the shed should make the structure fairly unnoticeable. The applicant is proposing a faux -brick resin siding on the shed that mimics the color and texture of the brick of Mercy Hospital. The computer generated images that were provided by the applicant, show how the shed will look from the north and south of Mercy Hospital. The facility will not be visible from the east and west views. From these images, the equipment shed will be similar in color and appearance to the rest of the structure and generally compatible. Miklo said the proposed antennae would be painted a similar color to the hospital building, thus making it blend in with the surroundings. However, Miklo said the Board's action on this item is specifically related only to the equipment shed as the antennae are allowed as accessory to the building, and would not require Board approval. Miklo noted an email that was received from The Counseling & Mental Health Center, LLP. In the email, the employees of the Counseling Center expressed concern of adverse effects on their health from the proximity of such a tower. Miklo stated that Federal Government prohibits the City from regulating this aspect of Iowa City Board of Adjustment Minutes December 10, 2003 Page 2 telecommunications equipment. The City is limited to landing regulations for such equipment. Miklo said in response to a question from Alexander, that the Federal Communications Commission regulates their health -related issues with the tower. Miklo said in response to a question from Gidal that the screening of the shed does not necessarily need to be made as a provision to the application because the screening was included as a part of the application. Regarding the General Standards, Miklo said the proposed equipment shed on the rooftop of the hospital building will not interfere with ingress/egress, alter the land use of the property, or prevent the orderly development of adjacent properties. Also, the applicant has stated that the facility has been designed by a licensed professional engineer to address all health and safety codes related to telecommunications infrastructure. Miklo said that the main concern for facilities such as these is whether it is appropriate for the location, ensuring the appearance of the design will not detract from the property or neighborhood. Miklo said in staffs view, due to the location and screening, this facility meets the general and specific standards necessary for a special exception. Public Hearing Opened Kevin Haines, an engineer and project manager from US Cellular was present to address the Board. Haines addressed Alexander's previous question concerning the safety of the tower. He said that although he is not an expert, there have been numerous studies conducted about the concern of radiation from cell phones and towers. Haines said the findings have shown cell phone users to be at much greater risk than an individual that is near a tower. Holecek stated the EPA might be a good source of information concerning the radiation risk with cell phones and towers. Public Hearino Closed Board Discussion Gidal suggested they include in the wording of the special exception, a provision for appropriate screening. Holecek noted the last paragraph on page 2 of the staff report that reads, "To address the compatibility concern, the applicant is proposing a faux brick resin siding that mimics the color and texture of the Mercy Hospital brick." MOTION: Gidal moved to approve Special Exception EXC03-00018, an application by US Cellular to allow a utility substation, specifically a wireless tower telecommunications equipment shed, on the roof of Mercy Hospital located at 500 Market Street, providing the applicant provides a faux brick resin siding on the shed that is color and texture compatible with the existing building. Keitel seconded the motion. Paul said he would vote in favor because the shed will be placed on the rooftop and basically hidden from view, and with the screening it will be compatible with the existing facility. The equipment shed will not interfere with ingress/egress, alter the land use of the property, or prevent the orderly development of adjacent properties. Alexander said she would vote in favor for the reasons previously stated by Paul. Maurer said he would also vote in favor for reasons given. With the appropriate screening, the shed would not distract from the building or neighborhood. Iowa City Board of Adjustment Minutes December 10, 2003 Page 3 Gidal said he would vote in favor for the reasons already cited. Keitel said he would also vote in favor for reasons previously cited. The motion was approved on a vote of 5-0. Paul stated that any person desiring to appeal this decision to a court of record may do so within 30 days after the decision is filed with the City Clerk's office, EXC03 — 00019 Public Hearing regarding an application submitted by the School for he Performing Arts for a special exception to allow a school of specialized instruction, specifically a music and acting school, for property in the Central Business Service (CB-2) Zone, at 209 North Linn Street. Miklo reported the School for the Performing Arts is a private, non-profit school teaching music and acting lessons. They are proposing to locate the school on the approximate 1,000 square foot second floor of the existing building at 209 North Linn Street. The first floor of this building contains the Guitar Foundation business. Miklo reviewed the application and addressed the specific and general standards concerning this special exception. Miklo said the Board should consider the appropriateness of the proposed use given the potential impact on surrounding land uses, traffic circulation, externalities such as light and noise, and other impacts the proposed use may have. Miklo said the proposed use is similar to the current use. The existing space was designed and developed for music lessons and group classes. According to the applicant, no more than 10 students would be on site at any one time and this is within occupancy load standards for the space. Miklo stated that the surrounding land uses are typical for a mixed -use commercial district. They include restaurants, small retail stores, bars, professional offices, a cosmetology school and residential apartments. Miklo also said the proposed type of use for this space should fit in well and add to the existing mix of businesses. This building received a variance from parking requirements (VAR93-00003), so that no parking is required for any uses in the building. Due to the nature of the business, children that attend the school will be dropped off and picked up on a regular basis. There is an alley located 1/4 block to the North of the building that could be used for this purpose. There is also metered parking in front of the building and a metered parking lot % block away. Because the area is designed as pedestrian oriented with a slower moving speed of traffic, staff is comfortable with the pick-up and drop-off activity occurring on this block. Miklo said in staff's view, this proposal for a school of specialized instruction in the CB-2 zone at 209 North Linn Street meets the general standards for a special exception. It is compatible with the neighborhood and with the Comprehensive Plan, and should add to the mix of businesses in the North Market commercial district. In response to a question from Keitel, Miklo said the building would have to meet all building codes for fire and safety. Public Hearing Opened Iowa City Board of Adjustment Minutes December 10, 2003 Page 4 Mary Ward, a representative from the school, was present to answer any questions from the Board. She said in regards to fire safety, there is a hallway with a rear door leading to the outside that is marked as a fire safety route. Public Hearing Closed MOTION: Keitel moved that EXC03-00019, a special exception for a school of specialized private instruction, specifically a music and acting school of performing arts, for the property at 209 North Linn Street, be approved. Alexander seconded the motion. Keitel said he is in favor of this exception because the general and specific standards have been met. He said the drop off and pick up arrangements would most likely not be an issue and metered parking is available in several areas near the building. Gidal said he is also in favor of the special exception because the General and Specific Standards have been met. The proposed use of the space is compatible with the neighborhood and will be of great benefit to the neighborhood. Alexander said she is in favor of the exception for the previously stated reasons. Paul said he is in favor for reasons previously stated. He said the proposed use is in accordance with the Comprehensive Plan, and he agrees with the staff report in that ingress/egress issues have been addressed and will not be a problem. Maurer said he is in favor because the proposed use is compatible with the Comprehensive Plan and the business is good for the neighborhood and Iowa City. The motion was approved on a vote of 5-0. Paul stated that any person desiring 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. EXCO3 — 00020 Public Hearing regarding an application submitted by Jason Tjarks for a special exception to allow expansion of a commercial recreational use, specifically to allow a laser tag arena, for property in the Community Commercial (CC-2) Zone, at 1605 Sycamore Street (Sycamore Mall). Miklo reviewed the application and said the applicant has applied to expand the business to the upper level of the former Sears automotive department. The expansion area would be for an indoor laser tag arena. The first level of the business will continue as a restaurant with areas devoted to a video arcade, play equipment and a stage. The proposed use is classified as commercial recreational and therefore does require the approval of the Board to be allowed in the Community Commercial (CC-2) Zone. Miklo said that there is a commercial recreational use already established in the mall that was approved by the Board in 2001. The reason for needing a special exception is due to the fact that many commercial recreational uses could draw a large number of people or often have outdoor activities that may cause noise and dust, a go-cart track for example. Miklo said that staff believes the proposed use meets the general and specific standards. He said it would be compatible with the other retail businesses in the mall, it will not have a great effect on the surrounding properties of the residential zones near the mall, and the comprehensive plan encourages additional compatible commercial uses within the mall. The Iowa City Board of Adjustment Minutes December 10, 2003 Page 5 mall has over 50 extra parking spaces and this use would only require 10 parking spaces. The business would have to meet all City building codes, including fire and safety requirements. Public Hearing Opened There was none. Public Hearing Closed MOTION: Keitel moved to approve EXC03-00020, a special exception to permit expansion of a commercial use in the Community Commercial (CC-2) Zone at 1605 Sycamore Street. Gidal seconded the motion. Alexander said she would vote to approve for reasons that it will not be detrimental to the public health, safety or welfare; it is compatible with the other uses in the surrounding area; and it is accordant with the Comprehensive Plan. Maurer said he is in favor for the previously stated reasons. Keitel said he is also in favor for previously stated reasons. Paul said he would also vote in favor. The motion was approved on a vote of 5-0. Paul stated that any person desiring 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. OTHER There was none. BOARD OF ADJUSTMENT INFORMATION Miklo introduced Mike Wright as the newly appointed member of the Board of Adjustment. Keitel, on behalf of the Board of Adjustment, thanked Paul for his 5 years of public service to Board of Adjustment. Keitel, on behalf of the Board of adjustment, thanked Gidal for his public service to the Board of Adjustment. Paul said he would like to thank the City Staff for doing such a great job and making their job easier. He said he has learned a great deal in five years, a lot about City Code and zoning, it has been very interesting and he has enjoyed working with everyone. ADJOURNMENT MOTION: Keitel moved to adjourn the meeting. Alexander seconded the motion. The motion was passed on a vote of 5-0 The meeting was adjourned at 5:50 PM. Iowa City Board of Adjustment Minutes December 10, 2003 Page 6 Board Chairperson Board Secretary Minutes respectfully submitted by Jennifer Sherlock data on citynt/pcd/minutes/boa/boa 12-10-03.doc STAFF REPORT To: Board of Adjustment Item: EXC04-00001, 1906 Keokuk Street GENERAL INFORMATION: Applicant: Contact Person: Phone: Requested Action: Purpose: Location: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Applicable Code Section: File Date: BACKGROUND INFORMATION: Prepared by: Robert Miklo Date: February 11, 2004 Iowa State Bank & Trust Company Steven A. Rohrbach 3389311 Approval of a special exception per Section 14-6E-5D-1, Auto- and Truck -Oriented Uses and Section 14-61\1-1 C, Parking on a Separate Lot. To allow the redevelopment of Iowa State Bank's drive -through banking facility with additional drive -through lanes and parking on the adjacent property which now contains the K-Mart parking lot. 1906 Keokuk Street (Southeast corner of the intersection of Highway 6 and Keokuk Avenue). Drive -through bank, CC-2 North: Residential, RS-5 South: Commercial, CC-2 East: Commercial, CC-2 West: Commercial, CC-2 14-6W-2B, special exception review standards and 14-6N-1 C. off-street parking on a separate lot. January 9, 2004 Iowa State Bank and Trust Company is planning on redeveloping its current drive -through bank with additional drive -through lanes, and a reconfigured parking lot. This redevelopment would be part of a larger redevelopment of the K-Mart/Pepperwood Plaza Shopping Center. As part of the redevelopment proposal, the frontage road, which runs parallel to Highway 6 and intersects Keokuk Street, would be closed. A new vehicular access to the bank and adjacent commercial property is proposed from Keokuk Street in lieu of bank's current driveway to and the K-Mart driveway located further to the south. In addition to reconfiguring and enlarging the drive -through facility, the bank is also requesting that some of the required parking be located on a separate lot owned by Southgate Development Company. 2 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 for the establishment of an auto- and truck -oriented use if the requested action is found to be in accordance with the regulations of the CC-2 zone and the general standards for special exceptions as set forth in Section 14-6W-2B. Specific Standards: 14-6E-5D, Special Exceptions: Auto- and Truck Oriented Uses. There are no specific standards for review of applications for this type of use. The main concern for this kind of exception is traffic generation and circulation. The bank proposes to increase in size and therefore is likely to generate additional traffic. Because the bank is located at the intersection of Highway 6 and a commercial street any increase in traffic that will be generated by the proposed expansion should be accommodated by the existing streets and roadways. As discussed below the proposed closure to the frontage road and the relocation of the driveway from Keokuk street will improve traffic circulation in this area. General Standards: 14-6W-2113, Special Exception Review Requirements. The applicant's statements regarding each of the general standards are attached. Staff comments are offered as needed and correspond to the standards as enumerated in the Zoning Ordinance. a. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or welfare. The proposed reconfiguration of the drive -through banking facility will be an improvement over the current situation. The closing of the frontage road will improve traffic circulation at the intersection of Keokuk Street and Highway 6. Frontage roads such as this have proved problematic and the City has worked to find alternatives to frontage roads where possible. The intersection of Keokuk Street and this frontage road is the 4th highest crash intersection in the Iowa City/Coralville urbanized area. Granting this special exception will facilitate the closing of the frontage road. b. This 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 stated above, the proposed redevelopment of this site should improve the traffic circulation conditions in this neighborhood and therefore should improve the general area. The reconfiguration of the access roads and the investment in the redevelopment of the bank should compliment private and public efforts to revitalize this area of the city. C. Establishment of this specific proposed special exception will not impede the normal and orderly development improvement of surrounding property for uses permitted in this zone in which such property is located. See items a. and b. above. d. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The access road to this property is being reconfigured as discussed above. A new access from Keokuk Street will be provided on the south side of the bank property. The new location will be farther from the intersection of Keokuk Street and Highway 6 and therefore will lessen traffic conflicts. New sidewalks will provide access for pedestrians from Keokuk Street. The other facilities are in place. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. As noted above, the redevelopment of this site will improve traffic circulation and ingress/egress in this general area for vehicles and pedestrians. 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 located. Staff has reviewed the site plan for compliance with other code requirements. Although the site plan is in general conformance with the codes, there are some details, such as the provision of bicycle parking, that will need to be corrected when the site plan and building permit are applied for. The proposed use will be consistent with the Comprehensive Plan, as amended. The Comprehensive Plan illustrates the area as appropriate for general commercial uses. A financial institution with drive -through facilities is, therefore, appropriate in this location provided concerns about traffic circulation are addressed. Specific Standards: 14-6N-1C, Off -Street Parking Located on a Separate Lot. In addition to the general standards for a special exception, there are specific standards for the Board to consider before granting a special exception for off-street parking and stacking spaces, aisles, and drives, to be located on a separate lot (standards number 4 and 6 do not apply in this case). The applicant must also meet the following conditions before the Board can grant the exception. 1. A special location plan shall be filed with the Board by the owners of the entire land area to be included within the special location plan and shall contain such information deemed necessary to comply with the requirements herein. Evidence of ownership shall be provided. A location plan has been provided that shows the portions of drives, aisles and parking that will be shared by Iowa State Bank and the adjacent retail use. A draft legal document regarding ownership and rights and responsibilities for the shared parking and drive areas has been submitted to the City Attorney for review. 2. Off-street parking shall be located as follows: a. In R and C zones, the nearest point of the parking area to the nearest point of the building that the parking area is required to serve shall not be greater than three hundred feet. The shared parking, as indicated in the plan submitted with the application, is approximately 100 to 150 feet from the bank building. A sidewalk between the parking area and the bank building entrance is shown on the plan. c. In the same zone as the principal use. The two lots are located in the CC-2 zone. Where two (2) or more uses jointly use off-street parking, the number of parking spaces shall equal the sum total of off-street parking spaces required for each use. The bank is required to have 39 parking spaces. Seventeen spaces are shown on the bank property. The special exception is necessary for 22 spaces on the adjacent lot. The adjacent retail use is required to have 450 parking spaces. It has 793 spaces so there are more than sufficient parking spaces available to serve both uses. 4. Not applicable 4 5. A written agreement, properly executed by the owners within the area of the special exception plan, assuring the retention of the parking and stacking spaces, aisles and drives and binding upon their successors and assigns, shall be submitted with the special location plan as a covenant running with the land. A draft agreement has been submitted and is being reviewed by the City Attorney's Office. We anticipate that it will be approved by the City Attorney's office prior to the Board's meeting. 5. Not applicable. 6. In assessing an application for a special exception, the Board shall consider the desirability of the location of off-street parking and stacking spaces, aisles and drives on a lot separate from the use served in terms of pedestrian and vehicular traffic safety; any detrimental effects on adjacent property; the appearance of the streetscape as a consequence of the off-street parking; and in the case of non - required parking, the need for additional off-street parking. As noted above the distance between the parking area and the building entrance is between 100 and 150 feet, or about'/2 of a city block - a reasonable walking distance. A sidewalk is proposed between the parking area and the building. Persons who park their vehicles in this area will need to cross the driveway leading to the drive through lanes and a drive that will serve as one of the two exits from the drive through lanes. Although requiring pedestrians to cross the drives is not ideal, staff believes that it is acceptable in this case. It should be noted that the bank is providing more convenient parking spaces closer to the door to the building. Therefore the off site parking is likely to be used by employees of the bank rather than customers. Because the area proposed for this parking is already paved, it will not have a negative effect on the appearance of the streetscape or be detrimental to adjacent property. In fact the proposed landscaping islands and trees should improve the general appearance and traffic circulation of the area. SUMMARY: The proposed redevelopment of this property should contribute to public and private efforts to revitalize this commercial area. The closure of the frontage road and reconfigured driveway locations will improve the traffic circulation in this area. The off site park is reasonably convenient to the bank. More than sufficient parking is available to serve the bank and the retail use. STAFF RECOMMENDATION: Staff recommends that EXC04-00001, an application for a special exception for an auto and truck oriented use, a drive -through bank, and a special exception to allow parking on a separate lot in a Community Commercial Zone at 1906 Keokuk Street be a proved. Approved by: Jeff avidson, Assistant Director, Department of Planning and Community Development ATTACHMENTS: Location map Proposed Site Plan t9pcd/boa/case fle/exc04-00001 ie.stbank.doc CITY OF IO f'A CITY PN l.VI IVIVVVVVU HVC p<�M ST v DEFOREST AVE U } r z a � RS5 wlh� o P�Uy U m c ST EJCLID AVE 1 RCN rq c r Ra 0 m OLYMPIC CT cilY Y 0 W `L SOUTHGATE AVE RFBH PPERWOOD LN co 1 SITE LOCATION: 1906 Keokuk Street ARCHER R M44 col I RM CC2 44 EXC04-0001 � ggaa77 � !! YFFgg€ qq r � T g p 333 Riop t f m 1 z ; 9 aaE�sg� is �ll §�0000 O 8 O) 0 000 O� ® O®®B®®® 0 ®®O m 00 00