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Home My WebLink About08-08-2007 Board of AdjustmentCITY OF IOWA CITY IOWA CITY BOARD OF ADJUSTMENT Wednesday, August 8, 2007 5:00 P.M. Emma J. Harvat Hall STAFF REPORT CITY OF IOWA CITY Department of Planning & Community Development AGENDA IOWA CITY BOARD OF ADJUSTMENT MEETING Wednesday, August 8, 2007 — 5:00 PM Emma J. Harvat Hall A. Call to Order B. Roll Call C. Consider the July 11 Minutes D. Special Exception: EXC07-00006: Discussion of an application submitted by Hieronymus Square Associates for a special exception to allow private, underground off-street parking in the C13-10 zone for property located at 314 and 328 South Clinton Street. E. Other G. Board of Adjustment Information H. Adjournment NEXT BOARD OF ADJUSTMENT MEETING — September 12, 2007 STAFF REPORT To: Board of Adjustment Item: EXC07-00006 Hieronymus Square GENERAL INFORMATION: Applicant: Contact: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Applicable code sections: Prepared by: Sarah Walz Date: August 8, 2007 Hieronymus Square Associates 152 East Court Street Iowa City, IA 319-338-1294 Dwight Dobberstein 221 East College Street Suite 303 319-338-7878 Special exception to allow private off-street parking in the CB-10 zone. To allow construction of underground parking for 82 vehicles in the CB-10 zone. 314 & 328 S. Clinton Street 170 x 286 (1.12 acres) Undeveloped Commercial (CB10) North: Commercial (CB10) South: Commercial (CB5) East: Commercial/Public parking (P/CB5) West: Commercial (CB5) Specific criteria for private off-street parking in the CB10 zone, 14-5A-D4; General criteria for special exception, 14-4B File Date: July 12, 2007 BACKGROUND INFORMATION: The applicant, Hieronymus Square Associates, is requesting a special exception to allow the construction of an underground parking area in the CB10 zone. In July 2006, the subject property at 314 & 328 S. Clinton Street was rezoned from CB5 to CB10 to allow for construction of a 13-story mixed use commercial and residential development known as Hieronymus Square. The CB10 zone, which was previously restricted to the area of the downtown north of Burlington Street, has no minimum off-street parking requirement. A condition of the CB10 rezoning for this property requires the applicant to construct underground parking with a minimum capacity of 80 spaces. The applicant proposes to create a parking area beneath the Hieronymus development. The proposed underground parking area will include 82 parking spaces + 8 tandem spaces and access will be provided from the Court Street Transportation Center parking facility. A ramp into the underground parking would be constructed near the northwest end of the Court Street Ramp and would be reserved for use by residents of the Hieronymus building. 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 of Adjustment may grant the requested special exception to allow establishment of the underground off-street parking in the CB10 if the requested action is found to be in accordance with the regulations of the Sections 14-5A-D4 as well as and the general standards for special exceptions as set forth in Section 14-4B-3A. As stated above, the CB10 zone has no minimum parking requirement. Most off-street parking in the established downtown core is provided in City -owned ramps and private off street parking is restricted. As explained in the zoning code, limiting the amount of land devoted to parking within the downtown area is intended to foster compact, pedestrian -oriented areas . It also makes additional land available for building area, open space, pedestrian areas, and other more productive uses. Providing conveniently located public parking facilities reserves land in the downtown for more intensive commercial and civic uses and prevents large surface parking lots from damaging the pedestrian -friendly character of the central business district. Commercial areas south of Burlington Street (the Near Southside) are served by the recently constructed Court Street Transportation Center. However, at the time that plans were made to address off-street parking needs in Near Southside, CB10 development was not anticipated south of Burlington. Because the development proposed for the subject property is quite large (170 residential units), it has the potential to generate a considerable demand for long-term parking. Therefore, the conditional zoning agreement (CZA) for the property requires that 80 parking spaces be provided in a below grade parking facility to serve the residential occupants of the building and that additional residential parking demand be subject to a parking impact fee, which is used for the construction of public parking facilities in the area. Specific Criteria: a) The applicant must show through a parking demand analysis that the number of parking spaces requested does not exceed the demand for parking for the specific building or project proposed and that the parking demand cannot be satisfied through the public parking system. The CB10 zone is the only zoning district that has no parking requirement for residential uses. Moreover, when plans were made for public parking facilities in the Near Southside (generally, the downtown area south of Burlington Street) CB10 zoning was not anticipated in the area. In reviewing the proposal for CB10 rezoning of the subject property, staff anticipated that such intense residential development (potentially 170 dwelling units) could upset the established balance between resident and business parking. Thus staff recommended that the applicant provide underground parking for as many residential units as possible and that any additional residential demand be addressed through a parking impact fee as would be used in the CB5 zone. The CB5 minimum parking requirements are as follows: Efficiency, 1-bedroom, and 2-bedroom units = 1 parking space per unit 3-bedroom units = 1 parking space per unit Based on this formula, the property may generate demand for 200 parking spaces or more. c) Underground parking is preferred ... The design of [which] must not detract from or prevent active building uses on the ground -level floor of the building. Because the proposed underground parking is on a sloping site, the City has adjusted the requirement that the ceiling height of the underground parking extend no further than 1 foot above grade. A portion of the building's ground level floor height must be located no more than one foot above the level of the abutting sidewalk, and the remainder of the building's ground floor level must extend up no further than 3 feet above the level of the abutting sidewalk. The applicant will need to demonstrate compliance with this requirement in order for a building permit to be issued. This adjustment will not otherwise detract from or prevent active building uses on the ground -level floor of the building, which is proposed for commercial use. Vehicles will enter and exit the underground parking structure through the Court Street Transportation Center (CSTC)—an access ramp will be connected from the ground level of the CSTC to the underground structure beneath the Hieronymus property. No other aspect of the underground parking will be from the surrounding street rights -of -way. e. The four standards listed under "e" consider parking within the exterior walls of the building and how such parking impacts the ground floor function of the building and the appearance and safety of garage entrances from the street. The parking as proposed meets all the standards listed in item e. As noted above, all of the proposed parking is below grade and thus will not interfere with ground floor uses of the building. All vehicular access to the underground parking is via the Court Street Transportation Center, thus no garage openings along any street fronts and no exterior walls for the underground parking will be visible from the public street. 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. The proposal for underground parking provides access from the adjacent parking Court Street Transportation Center and thus avoids creating an additional curb cut along Clinton or Burlington Street, which have high vehicle traffic volumes. Staff believes this will preserve the 4 safety of pedestrians in those areas where there are more intense commercial uses and thus more opportunity for conflicts between cars and pedestrians. The construction of the underground parking facility must meet all building code standards. 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. Because the proposed off-street parking is underground and because access will be provided through the Court Street Transportation Center, the proposed parking area will be virtually undetectable from other properties in the vicinity. By providing a portion of the residential parking demand on site, the applicant will conserve parking in the public parking facility. 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 zone in which such property is located. Two 4-5 story commercial/residential mixed use buildings are in the process of being developed at the intersection of Court and Clinton Streets, and re -development of the former St. Patrick Church property is anticipated. These developments will all generate additional demand for short and long-term parking in the area. With this in mind, the conditional zoning requirement for the development to provide at least 80 underground spaces was intended to conserve space in the Court Street Transportation Center for other uses and re -development in the area. By constructing an underground parking facility, the applicant reserves ground floor space for commercial use. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. All access roads, drainage and utilities are being provided as part of the larger redevelopment of the property. S. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. Ingress and egress via the Court Street Transportation Center will minimize traffic congestion. Vehicles seeking to access the parking facility will not be turning to enter the ramp mid -block along Clinton and Burlington Streets which have high vehicle and pedestrian volumes. Rather those vehicles will access the parking from South Dubuque Street where the traffic is significantly lower. 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 proposal for underground parking meets all standards of the zone in which it is located. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. The Comprehensive Plan envisions the downtown as a compact, pedestrian -oriented area and one that is commercially viable. The Plan encourages reinvestment in the downtown and promotes growth in the Near Southside Area. By virtue of being underground, the proposed parking preserves land in the downtown for more intense commercial uses and promotes the sort of compact, pedestrian oriented design that is consistent with the established downtown. STAFF RECOMMENDATION: Staff recommends that EXC07-00006, an application for private, off-street parking in the Central Business (CB10) zone at 314 & 328 S. Clinton Street be approved subject to general compliance with the application submitted. ATTACHMENTS: 1. Location map 2. Proposed Site Plan Approved by: �- Robert Miklo, Senior Planner, Department of Planning and Community Development 070 T am C O O O O O U X W L VJ 0 U 00 m 06 F F' Z C/) < z 0 JUL 12 A M 9: 0 Z U >: C) t g LU 0 u < z z z :Ei 'o iCgt�\ CJT�/ 110',VVA z 0 < I C) cr u LLJ 0 LL D � o U.J 0 CLZ- Z < n w < T— O 0 < CL CY 133HIS NOIE)NnHna t5 w z R z F 1H Z oz00 1ZLU< cr < _j w z 0 z z Z 20 z LM 0 C) IC)V'Jjt\ Cl-TY 10VA w rr u LLJ 0e � 3 F u1 Q cc C. 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RA1 D'AI 8-.Y m V-S .0,ni I •1'.p .Y-d J A 0-41 APPLICATION TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION DATE: 7-10-07 PROPERTY PARCEL NO.: 1010384013 &1010384012 PROPERTY ADDRESS: 314 & 328 SOUTH CLINTON PROPERTY ZONE: CB-10 PROPERTY LOT SIZE: 170' X 286' APPLICANT: Name: HIERONYMUS SQUARE ASSOCIATES Address: 152 EAST COURT ST. Phone: 319-338-1294 f5_ CONTACT PERSON: Name: DWIGHT DOBBERSTEIN (if other than applicant) Address: 221 EAST COLLEGE ST. Phone: 319-338-7878 PROPERTY OWNER: Name: HIERONYMI PARTNERS (if other than applicant) Address: SAME Phone: Specific Requested Special Exception; please list the description and section number in the zoning code that addresses the specific special exception you are seeking. If you cannot find this information or do not know which section of the code to look in, please contact Sarah Walz at 356-5239 or e-mail sarah-waiz@iowa-city.org. Purpose for special exception: 14.5A.3(D)2 MAXIMUM PARKING IN CB-10 ZONE: TO ALLOW UNDERGROUND PARKING AND LOADING SPACES ON THE SURFACE. Date of previous application or appeal filed, if any: NONE -2- In order for your application to be considered complete, you must provide responses to all of the information requested below. Failure to provide this information may delay the hearing date for your application. A pre -application consultation with Planning staff is STRONGLY recommended to ensure that your application addresses all of the required criteria. As the applicant, you bear the burden of proof for showing that the requested exception should be granted. Because this application will be presented to the Board of Adjustment as your official statement, you should address all the applicable criteria in a clear and concise manner. INFORMATION TO BE PROVIDED BY APPLICANT : A. Legal description of property (attach a separate sheet if necessary): You can find the legal description and parcel number for your property by doing a parcel tz search for your address on the Assessor's website at www.iowacity.iowaa essor oml or by calling 319-356-6066. --x C-., { B. Plot Plan/Site Plan drawn to scale showing all of the following r-, -- :- information: "' - 1 1. Lot with dimensions;- 2. North point and scale; 3. Existing and proposed structures with distances from property lines; 4. Abutting streets and alleys;' 5. Surrounding land uses, including location and record owner of each property opposite or abutting the property in question; 6. Parking spaces and trees - existing and proposed. 7. Any other site elements that are to be addressed in the specific criteria for your special exception (i.e., some uses require landscape screening, buffers, stacking spaces, etc.) C. Specific Approval Criteria : In order to grant a special exception, the Board must find that the requested special exception meets certain specific approval criteria listed within the Zoning Code. In the space below or on an attached sheet, address each of the criteria that apply to the special exception being sought. Your responses to these criteria should just be opinions, but should provide specific information demonstrating that the criteria are being met. (Specific approval criteria for uses listed as special exceptions are described in 14-4B-4 IF YOU DO NOT KNOW WHERE TO FIND THE SPECIFIC CRITERIA THAT MUST BE ADDRESSED, please contact Sarah Walz at 356-5339 or e-mail sarah-walz@iowa- city.org. Failure to provide this information will constitute an incomplete application and may lead to a delay in its consideration before the Board of Adjustment. 14.413.4-8 THE PARKING LOCATED UNDERGROUND WILL BE FOR THE SOLE USE OF THE RESIDENTS IN THE BUILDING. THE PARKING ON THE SURFACE IS LIMITED TO SHORT TERM LOADING AND UNLOADING. -3- D. General Approval Criteria: In addition to the specific approval criteria addressed in ", the Board must a so 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. (7 PUBLIC HEALTH, SAFETY, COMFORT OR WELFARE ARE NOV-AVFCI`ED BY UNDERGROUND PARKING.- t c-3 w 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. UNDERGROUND PARKING WILL NOT IMPACT 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. ALL THE SURROUNDING AREAS ARE ALREADY DEVELOPED. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. UTILITIES AND ALLEY ACCESS ARE ADDRESSED VIA PREVIOUS AGREEMENT WITH THE CITY OF IOWA CITY. 13 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. INGRESS AND EGRESS ARE PROVIDED PER AGREEMENT WITH THE CITY OF IOWA CITY AND IS TO BE THROUGH THE COURT ST RAMP. 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) j r-1 THE PROPOSED PARKING CONFORMS TO THE APPLICABLE 71 REGULATIONS AND STANDARDS FOR THE ZONE. W 7. The proposed use will be consistent with the Comprehensive Plan of the City. THE UNDERGROUND PARKING IS REQUIRED PER THE CONDITIONAL ZONING AGREEMENT WITH THE CITY OF IOWA CITY. (ATTACHED) It I J ,-_—. -4 CITY OF IOWA CITY aft _klE� MEMORANDUK, Date: July 10, 2007 To: Planning and Zoning Commission From: Robert Miklo, Senior Planner T- Re: REZ06-00015 Hieronymus Square �T Comprehensive Plan: The Near Southside Plan indicates that the CB-5 zone is the appropriate zoning for the downtown extension. It is necessary to amend the document to provide for consideration of the CB-10 zone in the area. Justifications for this change in policy include the provision of additional CB-10 areas that may help direct the market for high-rise development away from the historic downtown core to an area of underutilized land and encourage a diversity of housing types in the downtown while at the same providing for areas of commercial growth on the lower floors of new buildings. Staff recommends that page 23 of the Near Southside Design Plan be amended to strike the sentence, "CB-5 would remain the preferred zoning is this district." and replace it with, "CB-10 zoning is appropriate provided that adequate parking and pedestrian connections to the portion of downtown located north of Burlington Street are provided. Otherwise CB-5 or PRM zoning are appropriate in this district." Parking: The Commission discussed the rationale for the parking impact fee as it applies to this area. Please refer to the attached title page of the Parking Facility Impact Fee Ordinance. Staff believes that the ordinance provides a clear rationale for applying the parking impact fee to residential development located in the Near Southside regardless whether property is zoned CB-5 or CB-10. The Comprehensive Plan notes that some downtown merchants and business owners feel the residential population burdens the parking system in the district to the detriment of the businesses. The Plan discusses the need to establish a clear policy for housing, parking and redevelopment in the Downtown Planning District which encompasses the downtown core and the Near Southside as well as adjacent areas. When the City completed its study of the redevelopment potential in the Near Southside, several measures were taken to balance the demand and supply of parking for new commercial and residential development in this area. The Near Southside Parking Facility District was created specifically to address these issues. The Near Southside Redevelopment Plan anticipates new development of higher density housing in this area and acknowledges it as important to employment and business development downtown. However, residential parking demand is fundamentally different than the demand for short term commercial parking. Therefore, the policies and regulations were set up to make sure that any new residential development pays its fair share of demand on City parking facilities. The Near Southside Parking Facility District was created to ensure that new residential development bears a proportionate share of the cost of building the centralized city parking facilities necessary to accommodate the resulting increased demand for off-street parking created by new residential development located in the area bounded by Burlington Street on the north, Gilbert Street on the east, the Iowa Interstate Railway on the south and Madison Street on the west. At the time the parking impact fee was developed, CB-10 zoning was not contemplated south of Burlington Street. Given the increase in residential density that can be achieved in the CB-10 zone when compared to the existing CB-5 zone, the parking impact fee is even more necessary to help address the increased demand for parking. July 10, 2007 Page 2 The City is planning a second parking facility for construction in the Near Southside so itc+�s'likely--�\, !� that any fees collected will be expended in the next 5 years. Vacation: The east/west alley located within Block 102 will need to be relocated toVtthe nortlSio accommodate the construction of Hieronymus Square. This will require the vacatrort,nf tl°; alley and the dedication of replacement right-of-way. An agreement to allow private Use;nf the space above the alley for portions of the building and space underneath the alley for port# of the parking facility will also be required. Setback: The CB-5 and CB-10 zone both require that the ground floor of buildings beset back 10 feet from the Burlington Street property line. Above the ground floor buildings are permitted to cantilever out to the property line. Because there is approximately only 9 to 10 feet of right- of-way between the curb and the property line adjacent to the Hieronymus property, there is insufficient room for street trees along Burlington Street even when the first floor of the building is set back 10 feet. In most parts of downtown, especially where buildings are taller than 2 stories, the area between the curb and the building is at least 20 feet. If the character of downtown is to be extended south of the Burlington Street as envisioned by the Comprehensive Plan, staff believes that approximately a 20-foot space between the curb and the building wall is necessary even above the ground floor. Therefore as a condition of rezoning, staff recommends that a 10 foot set back be required for the entire building. Consideration could be given to allowing lighter building features such as balconies to protrude into the set back above the tree line (approximately 45 feet or 4 floors). When revisions are made to the CB-10 zone this setback requirement should be included to provide a uniform streetscape along Burlington Street. Open Space: Staff had asked the applicant to provide a concept plan for the how the court yard and service area will be developed and landscaped. The applicant has not yet provided such a plan. In absence of a plan, staff recommends that a base level of open space improvement requirements be included in the Conditional Zoning Agreement. STAFF RECOMMENDATION: Staff recommends that the Near Southside Design Plan, an element of the Comprehensive Plan, be amended by striking the sentence on page 23, "CB-5 would remain the preferred zoning is this district." and replacing it with, "CB-10 zoning is appropriate provided that adequate parking and pedestrian connections to the portion of downtown located north of Burlington Street are provided. Otherwise CB-5 or PRM zoning are appropriate in this district." Staff Recommends that REZ06-00015NAC06-00005 an application submitted by Hieronymus Square Associates for a rezoning of 1.12 acres of property located at 314 & 328 South Clinton Street from Central Business Support (CB-5) zone to Central Business (CB-10) zone and the vacation of the east/west alley in block 102 to be approved subject to a Conditional Zoning Agreement addressing following conditions: A requirement for a minimum of one floor of commercial development above the ground floor. A minimum of 80 residential parking spaces to be provided below grade. Payment of parking impact fees for residential units for which on -site parking is not provided based on the CB-5 residential parking requirements. The property shall contain a maximum of 200 residential units with a mix of 1, 2 and 3- beroom units. No more than 30% of the residential units shall contain 3 bedrooms. July 10, 2007 Page 3 The building shall be a minimum height of 7 stories. There shall be a 10-foot building setback from the Burlington Street right-of-way. Right-of-way shall be dedicated to the City to provide public alley circulation through Block 102 as determined adequate by the City. A plan for landscaping of the court yard area will be prepared by the applicant and approved by the design review committee. The plan shall include a central feature such as a fountain, reflecting pool or a public art element, public seating areas, landscaping beds or large planters. A minimum of 50 percent of the paving surface shall consist of decorative materials such as clay, concrete or stone pavers. The court yard shall be screened from the service area. The Design Review Committee approval will be required for the final design of the building based on the following: • The plane of the building at the street -level must be broken into horizontal modules that give the appearance of smaller, individual storefronts reflective of the pattern and character found in downtown Iowa City. The applicant must demonstrate how the proposed street -level fagade meets this standard. • Each module must be no greater than 50 feet and no less than 20 feet in width and must be distinguished from the abutting module(s) by a significant and visible change in building materials and a variation in the wall plane of at least 16 inches. Changes in material colors and textures and other architectural detailing should be used to enhance this effect. • To create a human -scaled environment that is comfortable and attractive to pedestrians, awnings and/or canopies must be used to enhance the storefront modules. • Pedestrian entrances must be attractive and inviting features along the street -level and must be architecturally emphasized in a manner that is reflective of the pattern and character found in downtown Iowa City. ATTACHMENT: Title Page of the Parking Facility Impact Fee Ordinance Approved by: Karin Franklin, Director' Department of Planning and Community Development =" A MINUTES PRELIMINARY IOWA CITY BOARD OF ADJUSTMENT JULY 11TH, 2007 — 5:00 PM EMMA J HARVAT HALL — IOWA CITY/CITY HALL CALL TO ORDER: Carol Alexander called the meeting to order at 5:00 PM. MEMBERS PRESENT: Carol Alexander, Michael Wright, Michelle Payne MEMBERS ABSENT: Ned Wood, Edgar Thornton STAFF PRESENT: Sarah Walz, Sarah Holecek OTHERS PRESENT: Steven Ramirez, Greg Schaeffer, Dr. Jae -On Kim, Gordon Dyer, Nancy Hitchen, Jeff Clark, John Inglebreck, Sheila Knoplah-Odole, Karen Hopp RECOMMENDATION TO COUNCIL (become effective only after separate Council action): None. CONSIDERATION OF THE MAY 9, 2007 MINUTES: Wright said that on page 3, first paragraph, fourth line, in the sentence "Lynch said that of the locations they looked at it..." the extra "it" is unnecessary. Wright said that on the same page, fifth paragraph, one sentence reads, "Wright said that it won't' be taller..." There is no need for the extra apostrophe. MOTION: Wright moved to approve the May 9th, 2007 minutes as amended. Payne seconded the motion. The motion was approved 3:0 EXC07-00005: Discussion of an application submitted by the Korean United Methodist church, Inc. for a special exception to allow construction of a new sanctuary and parking lot for property in the Low Density Single Family Residential (RS-5) zone at 4032 Rohret Road. Walz indicated that correspondence had been received from Linda and Gordon Dyer and had been submitted to the Board. Walz read from her staff report. Walz said the subject property is located on Rohret Road, on the edge of urban development. She showed a slide of the church property and indicated a northern portion of the property that the church intends to sell off. Walz said that the property is surrounded by residential development and there is more residential development anticipated to the west, north of Rohret Road, sometime in the "not -too -distant" future. Walz said that one of the requirements for the expansion of a church in a residential zone is that it have access to a road 28 ft wide or greater. Walz said that the intent of the redesign is to bring the entrance directly onto Rohret Road. Walz said that the church intends to build a new sanctuary connected to the old sanctuary via a breezeway. Walz said this would require redesign of parking area as the new sanctuary would be located where the current drive entrance now sites. Walz showed where the proposed, new drive would be located. Walz said the sanctuary expansion would enlarge the facility by more than fifty percent, which is the tipping point for mandatory code compliance with the parking area requirements in the code. She said that religious institutions, and other civic uses, located in residential zones must meet multi -family design standards: namely, parking must be located behind building and must be screened to S-2 standard. Walz said the reason for the standard with regard to screening is to ensure compatibility with the neighborhood. She said the landscaping serves the purpose of separating the types of uses —the parking area is screened to mitigate the increase activity on the site and has a safety function to separate the vehicle area from green space or other places where people may walk. Walz said there have been questions raised about the new entrance on Rohret road. Neighbors wondered why so the location is so far from Phoenix drive. Walz said that there are safety reasons for separating the curb cut from the intersection. Walz said there was also a question as to why a curb cut would be aloud on Rohret when the City has restricted curb cuts for residential uses along this road. Walz said it is City policy to limit the number of curb cuts along arterial roads as these roads are intended to carry a high traffic load and vehicles tend to travel at a faster speed along arterials. Walz said there is a safety concern when lots of Board of Adjustment July 11, 2007 Page 2 drivers are attempting to pull off into driveway. On arterial roads there is an increased the risk of rear -end collisions, since other drivers are not anticipating a slow down for private drives. Walz said that the City does allow curb cuts for institutions such as churches and schools, or other higher intensity uses, since more traffic is routinely making that turn. Walz said one of the specific requirements that the church needs to meet is the setback requirement. The proposed plan exceeds all setback requirements. Walz said that the church's proposed site plan is bringing it into compliance with code requirements for parking areas and multi -family design standards. Walz said the church would have to add shade trees as part of the site review plan. Walz said staff recommends that there be some additional evergreen trees to provide an additional screen from the adjacent residential property to the west. Walz said that the applicant is also proposing a rear loading area, for food deliveries that are part of the church's communal meal following services. Walz said that right now on the site, there is a dumpster at the front of the parking lot, screened by a fence, and that will be moved to the back of the property and staff would recommend some additional screening for the dumpster location at the rear of the property. She said that there would have to be some modifications to the curb cuts shown on the site, which must go through a permitting process. However, Walz said the church's site plan demonstrates the essential elements and requirements to meet the code standard. Walz said the church does not currently plan to expand other ruses on the property (i.e. daycare). Walz read from the general standards required of any special exception. Walz said that the traffic engineers feel that the curb cut are Rohret Road is safe in that location. Walz said the church exceeds all setback requirements and will add the required screening, which improves the safety and aesthetics of the site. She said the re -arrangement of the site —the screening, and the fact that traffic will now be backing up onto a private drive —contributes to a great improvement that will help the church better fit into the surrounding residential neighborhood. Walz mentioned the movement of the dumpster as an improvement as well. Walz said that the addition of the screening would ensure that the special exception would not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. Walz said adequate utilities, access roads, drainage and necessary facilities are being provided. Walz said the entrance onto Rohret road means that adequate measures will be taken to provide ingress and egress to minimize traffic congestion on public streets, as traffic waiting to enter onto Rohret would back up onto church property rather than on Phoenix Drive. Walz said that this proposal meets all the requirements for the RS-5 zone. Walz said the applicant's final site plan would need to demonstrate compliance with all other standards in the code in order for a building permit to be issued. She said that the applicant must apply for a curb cut permit from the Public Works Department in order to establish this second access point to the property. Walz said that the proposed use would be consistent with the Comprehensive Plan, as amended. Walz said that staff recommends that EXC07-00005 be approved subject to substantial compliance with the site plan submitted and the following conditions: 1. The privacy fence around the dumpster be a minimum of 5 ft in height and be surrounded by S3 landscaping. 2. A final site plan demonstrating the appropriate (non -coniferous) shade trees for the parking lot as required by code and additional evergreen screening (6 evergreen trees minimum) along a 120- foot section of the drive abutting the residential use to the west. Staff recommends the special exception be granted an extension of up to 18 months. Walz said that staff frequently has the request of an 18-month extension so that they may have time to raise funds. Walz said it is not an unusual request. Payne asked about the lighting. Walz said that any lighting that they do provide must be shown on final site plan and meet appropriate requirements. Public Hearing Open Greg Schaeffer, local contractor and construction consultant for the church, said that they had a different concept going into the project. Then, the City looked at their proposal and said "you can't do that but you can do this." Schaeffer said that a lot has arisen since and the picture that this project amounts to has grown. Schaeffer says the budget demands have grown as well. Schaeffer said that it's important that the Board of Adjustment July 11, 2007 Page 3 18-month extension is important for the church. Schaeffer said that once the special exception is granted, one must apply for a building permit within 6 months. He is asking for 18. Dr. Kim, member of the church, said that the church is primarily a student mission church-80 percent of church members are students. Kim said they have very few permanent families as members of church. Kim said they rely on volunteers to maintain church property. Kim said every now and then the students break a lawn mower or forget a chore, therefore creating an unattractive environment. Kim said that the church has already invested and they must now convince the church district that they can do raise the money for the exapnsion. Kim said they have to raise close to 400,000 dollars. Kim said they were given up to 3 years to raise the money. Kim said they don't have the money right now. If the special exception goes through, Kim said, they would start their fundraising campaign. Kim said there is a possibility that they will never raise enough money. Gordon Dyer, 4115 Rohret Drive, said that the idea of screening around the dumpster is good. Dyer said it is a step in the right direction. Dyer suggested that the screening be evergreens. Walz said that a certain percentage of the S2 screening must be evergreen. Walz said that the trees requirement is for non -coniferous trees and that each parking space must be within 60 feet of a large tree and 40 feet of a small tree. Dyer said the parking lot is very close to the nearest house. Dyer said that if he's looking out from his house, deciduous trees will only provide screening during summer. Walz said trees are not intended as a screen, rather the shrubs are the screen. Walz said there is no requirement that the parking lot be screened 100 percent. Dyer said his next concern is safety. Dyer said the new drive would be almost in front of his driveway. He said that his major concern is people driving at highway speeds. Dyer fears that traffic accidents will increase with such a driveway as proposed by applicant. Dyer said, "There will be accidents." Dyer said his next -door neighbor has tried to get more police attention, to no avail. Wright and Alexander agreed that this traffic issue, while a valid concern, is a law enforcement issue. Nancy Hitchen, resident, said that she doesn't have a problem with the church. Her concern is the upkeep of the property. Hitchen said it's not fair that this past spring, the empty lot was over a foot tall of grass. Hitchen said the property has never been maintained well. Hitchen wondered how they're going to maintain more property if it is left up to the whim of a volunteer —"who's going to take care of it?" Hitchen wondered how garbage trucks will come in to tend to the dumpster. She said that she's happy the church is staying. She's just worried about the maintenance level. Walz said what the Board has to consider is the expansion. She said that as far as the lawn goes, if the church does sell off the northernmost lot, that's less lawn to mow, so in total, the expansion would potentially decrease the area maintain. Walz said that some of the things, however, are outside of the realm of the special exception request. Walz urged the church and the neighborhood to work together on such issues. Hitchen said that there is a covenant for the neighborhood property, including the church, that certain lots were not to be subdivided. Hitchen asked how many homes would be able to go on the area the church is selling. Walz explained that the lots in the RS-5 must be a minimum of 8,000 square feet and require a minimum frontage width. She estimated perhaps two houses could be built, maybe, but she couldn't say for sure. Holecek explained how a subdivision works and said that the City have any enforcement role with private covenants. Public Hearing Closed MOTION: Wright moved that the application submitted by the Korean United Methodist church, Inc. for a special exception to allow construction of a new sanctuary and parking lot for property in the Low Density Single Family Residential (RS-5) zone at 4032 Rohret Road be approved subject to the following conditions: 1. The privacy fence around the dumpster be a minimum of 5 ft in height and be surrounded by S3 landscaping. 2. A final site plan demonstrating the appropriate shade trees for the parking lot as required by code and additional Evergreen screenings along a 120-foot section of the drive abutting the residential use to the west. Also, Wright moved that the time period be granted for up to 18 months. Board of Adjustment July 11, 2007 Page 4 Payne seconded the motion. Payne said that the church site meets the requirements for street access with it primary entrance off Rohret Road. She said that this new access would prevent traffic from backing up along Phoenix Drive. Payne said that the expansion of the parking lot is appropriate for the size of the expanded facility. Payne said that the dumpster will be set back a minimum of 10 ft from the property line and surrounded by a privacy fence and screened with additional S3 landscaping to conceal the view of the dumpster area from the adjacent property. Payne said that 5-6 evergreen trees would be planted to screen the parking area from the adjacent residential property. As far as the general standards, Payne said that the special exception would not be detrimental to the public health, safety, comfort or general welfare. The setbacks and screening will provide a buffer, to soften the view of the parking area and helping to mitigate any noise, light glare, or other disturbance. Payne said that the special exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and it will not diminish property values. Payne said that by coming into compliance with the code requirements for parking and screening, and by creating a new access for the parking area from Rohret Road, the special exception would contribute to the orderly development and improvement of surrounding property. Payne said that adequate measures have been taken to provide ingress and egress. Payne said the special exception conforms to the applicable regulations or standards of the zone in which it is being located. Payne said that the proposed use would be consistent with the Comprehensive Plan, as amended. For these reasons, Payne indicated she would vote in favor of the motion. Wright said that he also believes this meets the specific standards as well as the general standards, provided the conditions made in the recommendations. Wright said he understands neighborly concerns. He suggested a "good neighbor meeting". Wright said he would be voting in favor. Alexander said she too would be voting in favor and echoed Wright's sentiments regarding the church's maintenance of the property as a good neighbor issue. Walz asked Holecek to confirm that the church could request an additional extension if money was not raised in the 18 months. Holecek said yes. The motion was approved 3:0 VAR07-00001: Discussion of an application submitted by Jeff Clark for property at 24 North Governor Street requesting a variance from the zoning requirement that duplexes on lots less than 80 feet in width in the Neighborhood Stabilization Residential (RNS-12) zone have rear private or alley access. Walz read from the Staff Report. Walz showed the zoning map, saying that the duplex is in an RNS-12 zone, where duplexes are permitted as a provisional use. Walz said that the access standards require that lots less than 80 ft in width must have access through a private rear drive or alley. Walz said that in this case, an unimproved gravel alley runs north/south from Jefferson Street. At the time the applicant applied for building permit, Walz said that all the county and city records indicated that the alley was a public alley. Walz said that because the proposed duplex met all the other standards, the building official issued a permit on February 5'h Walz said that when the neighbors became aware of the applicant's intent to use the alley as the access for the people who would live in the duplex, they came forward with a document from 1996 that had not been filed with the county that showed this alley was in fact a private drive, and so the auditor let the city know there was no public alley. Walz said the situation now is that the neighbors believe the applicant does not have a right to use the private alley for a duplex nor to improve the alley. The applicant could go to court, but may have to wait up to two years for a judgment in the case. Walz said there is a front access drive, which was the drive for the single-family house there prior to tornado. Walz said that the applicant is applying for the variance so he can use the drive off Governor Street. Board of Adjustment July 11, 2007 Page 5 Walz said that the reason for the rear drive requirement in the RNS-12 zone is the development of duplexes on narrow lots often leads to garage fronts dominating the front side of buildings as well as extra wide driveways. Often the driveways become a defacto parking area in the front yard, making the street front appear less residential. In this case, Walz noted, there will only be a 10-foot drive on the side of the building, so the paving in the front yard is of minimal concern. Walz said that staff while the narrow drive would provide a disincentive to parking along the drive, that staff wanted to insure that parking would be more strongly discouraged and that the paving along the side of the property was in a very visible location. Walz noted that because the driveway paving would take up so much of the side yard that there might be the temptation to not maintain those areas where permeable surface did exist and that parking in those areas would create a greater maintenance issue and perhaps lead to erosion along the top of the stream bank. Wals said staff would recommend a landscaping plan to address these issues. The applicant should proposed a plan that included low maintenance landscaping such as shrubs along the house and native grasses along the streambank in order to help maintain those non -paved areas of the property and to discourage residents from parking anywhere but in the rear parking area. Walz said that Staff finds that the application will not threaten neighborhood integrity, nor have a substantial adverse affect on the use or value of other properties in the area adjacent to the. Walz said that the applicant's property meets all of the zoning requirements with the possible exception of the rear access requirement. Walz said that the building official issued the building permit based on the available public information. Walz said that the applicant subsequently planned and built a duplex based on the expectation that he would have the opportunity to improve the rear alley. However, because the neighbors object to paving the alley —as well as the increased traffic generated by the two-family use — the applicant proposes to maintain the existing single-family access on the south side of the property. Staff believes that given the configuration of the narrow drive, between the house and the creek, this is a safe and appropriate access point for the use. Walz said that the proposed variance will be in harmony with the general purpose and intent of the Zoning Chapter and will not contravene the objectives of the Comprehensive Plan, as amended. Walz said that while the Comprehensive Plan encourages the use of rear alleys for the development of narrow lots, it also indicates that where alleys are not possible, having narrow driveways along the side and rear of houses will reduce the amount of paving in the front yard and the emphasis of garage doors along the street. Walz said that the next test is for unreasonable hardship. Walz said that Staff believes the property in question cannot yield a reasonable return if used only for a purpose allowed in the zone where the property is located. Walz said the Board has been provided with the numbers and, based on some research into rents in the area, she believes that the rents that the applicant shows are fair and it would be difficult for him to rent the house. Reconfiguring the house for single-family use would also make it difficult for the applicant to rent or sell the house and make any profit. Walz said the owner's situation is unique and peculiar to the property in question. Walz stated that the reason Staff believes that this variance is supportable is because the records show that applicant followed all the rules before making his investment in the property, and it was only afterward that information surfaced that in turn affected applicant's ability to operate the property as a duplex. Walz clarified that this would not be the same as if someone purchased a similar property without rear access and wanted a variance to allow a duplex. Walz stated that the City would never have granted the building permit for a duplex had the public records indicated that the property might not have rear access. The variance for this property is justified because the opportunity for rear access was thrown into question after the investment in the property had already been made. Walz said that for all of the reasons provided, Staff recommends that VAR07-00001 be granted, subject to a landscaping plan to prevent parking in the front yard, to help stabilize the streambank and to buffer the appearance of additional paving. Wright asked about the driveway. To prevent excessive run-off and subsequent erosion, he asked if that is going to be canted so that some of it will run to the street. Walz said that it would not be wise to park in this area but there is the potential that people might park in this area. Walz said that the idea was, parking might lead to further erosion, so Staff wanted to create a little bit of screening of the paved area. Board of Adjustment July 11, 2007 Page 6 Public Hearing Open Jeff Clark, applicant, said if he did not receive the variance, the property would have to become a single- family unit. He said he could answer any questions from the Board. John Inglebreck, neighbor, read a letter from his father. The letter stated that the neighbors were aware of the private drive. The letter stated that in time, questions arose as to what exactly the use was for that private drive. At that point, neighbors learned that applicant intended the private drive to become alley access. Letter stated two concerns: a safety issue, in particular for small children; and property value. Letter stated that the use as an alley had a negative effect on property values. Letter stated support for applicant's variance. Sheila Knoplah-Odole, 921 East Jefferson, said her property runs half of this drive, from street all the way to the creek. She said she has a four- and six -year old and she does not relish the idea of extra traffic. She urged Governor access be supported. She said that construction people come "rolling in" early in the morning, even causing damage to her fence once. Karen Hopp, 26 North Governor, said she wants a happy neighborhood and supports the variance. Payne asked the applicant whether the parking area would be constructed in such a way as to discourage or prevent residents from using the private rear drive. Jeff Clark said that he has to maintain a certain elevation for his parking and it would be a raised drive. Clark said there are possible issues with his access coming up to that parking, because of the grades, but he believes he "can make it all work." Clark said there would be grass. He said that if he needs to put a pole to block drivers, he will. Public Hearing Closed MOTION: Payne moved that VAR07-00001, an application submitted by Jeff Clark for property at 24 North Governor Street requesting a variance from the zoning requirement that duplexes on lots less than 80 feet in width in the Neighborhood Stabilization Residential (RNS-12) zone have private or rear alley access, be granted subject to a landscaping plan to prevent parking in the front yard, to help stabilize the streambank and to buffer the appearance of the additional paving. Wright seconded the motion. Wright said that when he looks at the documentation, the variance must meet all five of specific elements. Wright said that the variance would not threaten neighborhood integrity. Wright said that this is one of those unusual situations where, despite good faith efforts on both sides, things got "messed up." Wright said that the public interest would be served by approving this. Wright said he agrees that this is the safest and most appropriate access point for the driveway. Wright said that the variance would be in harmony with the general purpose and intent of the Zoning Chapter. Wright said that there is very little space for excessive paving in this case. Wright said that Staff's recommendation would help address the paving and grade issue. Wright said that using the front yard would satisfy the neighbors concerns. Wright said that this represents an unnecessary hardship. Wright said that to disallow this variance would have a very serious impact on the "rent -ability" and "sale -ability" of the property. Wright said that this variance is in the interest of the neighborhood and the investment of the duplex. Wright said the final test is whether the hardship is that of the applicant's own making. Wright said that this is clearly not. Wright said that he doesn't believe that granting this variance will be precedent setting. Payne agreed with the reasons stated. She voted in favor. Alexander also voted in favor Motion was approved 3:0 Board of Adjustment July 11, 2007 Page 7 OTHER: None. BOARD OF ADJUSTMENT INFORMATION: None. ADJOURNMENT: Alexander adjourned the meeting at 6:30 pm. s/pcd/mins/boa/2007/7-11-07. doc N N O ..r O N 00 0000 z z z z z 00 N M o .X CO OO O d O W O O O C O a C w z