HomeMy WebLinkAbout02-13-2008 Board of AdjustmentAGENDA
IOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, February 13, 2008 — 5:00 PM
Emma J. Harvat Hall
A. Call to Order
B. Roll Call
C. Election of Officers
D. Consider the December 12, 2007 minutes.
E. Special Exception:
EXC08-00001: Discussion of an application submitted by Overdrive Auto for a
special exception to allow a vehicle repair use in the Community Commercial
(CC-2) zone at 1021 Gilbert Street Ct.
EXC08-00004: Discussion of an application submitted by Regina High School
for a special exception to allow expansion of a school facility in the Low
Density Single Family Residential (RS-5) zone located at 2150 Rochester
Avenue.
EXC08-00003: Discussion of an application submitted by St. Patrick's Church
for special exception to allow construction of a church for property in the Low
Density Single Family Residential (RS-5) zone located at 4330 St. Patrick
Drive.
F. Other
G. Board of Adjustment Information
H. Adjournment
NEXT BOARD OF ADJUSTMENT MEETING — March 12, 2008
STAFF REPORT
To: Board of Adjustment
Item: EXC08-00001 1021 Gilbert Ct.
GENERAL INFORMATION:
Applicant:
Contact Person:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable code sections:
File Date:
Prepared by: Adam Ralston,
Planning Intern
Date: February 12, 2008
Overdrive Auto
1811 California Avenue
319-354-7503
Shawn Harris
1714 5tn St
Coralville, IA
319-631-0125
Special Exception to permit a vehicle
repair use in the Community
Commercial (CC-2) zone.
To allow for the relocation of a
vehicle repair use.
1021 Gilbert Court
Approximately 0.5 acres
Community Commercial (CC-2)
North: Commercial (CC-2 and CI-1)
South: Public (P-1)
East: Commercial (CC-2)
West: Commercial (CC-2 and CI-1)
14-46-20, Specific Approval Criteria
for Vehicle Repair in the CC-2 zone;
14-5F Screening and Buffering
Standards; 14-2C-6, Commercial
Site Development Standards; 14-5A,
Off Street Parking Standards;14-4B-
3 Special Exception General
Approval Criteria.
January 16, 2008
BACKGROUND INFORMATION:
The applicant, Shawn Harris, is requesting a special exception to allow for the relocation of a
vehicle repair business to 1021 Gilbert Court. The subject property is located in the CC-2 zone.
To the south and west the CIA commercial neighborhood is dominated by similar vehicle repair
or other quasi -industrial uses, however there are social service agencies and a consignment
store in the immediate vicinity. To the north along Kirkwood Avenue the property is zoned CC-2
and the comprehensive plan recognizes this area as a general commercial area. Vehicle repair
uses are allowed in the CC-2 zone by special exception to assure that vehicle use and storage
areas are appropriately screened from view.
The applicant would make use of the existing building, which is designed for such a use.
However, because the property has been vacant for more than a year, a new occupant is
considered a change of use. As a result of a change of use, the owner is required to bring the
property into compliance with current zoning code regulations. This includes all requirements of
the commercial site development standards, off street parking standards, setbacks, screening,
pedestrian access, etc.
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 regulations found in Section 14-413-20, pertaining to vehicle repair in the CC-2 zone and the
general standards for special exceptions as set forth in Section 14-4B-3.
Specific Standards: 14-46-20, Special Exception for Vehicle Repair Use in the CC-2 Zone
The applicant's comments regarding each of the specific standards are included on the attached
application form. Please note that the site plan submitted with the application did not
address all of the screening requirements for the special exception, nor the site
development requirements for the change of use. The applicant has agreed to submit a
new site plan and is aware of all requirements addressed in this report. Staff comments
related to the general approval criteria are set forth below.
a. As required by the specific standard for vehicle uses in the CC-2 zone, the applicant's
property is located more than 100 feet from the nearest residential zone.
b. The applicant has indicated that vehicles stored for repair will usually be on site for 48 hours
or less, and that none will be stored for the 45-day maximum described in the specific criteria for
the exception.
c. The specific criteria also require that the site be designed to minimize the views of vehicle use
areas from the public right of way and from adjacent properties:
(1) Outdoor storage areas, including storage of vehicles to be repaired, must be
concealed from view to the extent possible. If it is not feasible to conceal the
storage areas behind buildings, the storage areas must be set back at least 20 feet
from any public right of way and screened from view to at least the S3 standard.
The existing storage area is surrounded by a chain link fence and set back the required
20 feet from the Gilbert Ct. right-of-way. In order to allow space at the front of the lot for
the required parking, the enclosed storage area will be set back another 30 feet, toward
the rear of the building. The applicant has proposed to insert plastic lath into the existing
chain link fence along the south, west, and east sides of the enclosure. The storage area
will be located toward the rear of the building and behind parking area.
(2) Other vehicular use areas that abut the public right-of-way, including parking and
stacking spaces, driveways, aisles, and service lanes, must be set back at least 10
feet from the public right-of-way and landscaped to the S2 standard. At present, the
subject lot is paved up to the street save for a small area that contains two mature trees,
located just to the north of the building within the public right-of-way. The intent of the S2
screening requirement is to provide a buffering treatment that uses distance and low
level screening to separate uses from the public right-of-way, from other zones, to define
edges and separate vehicular use areas from pedestrian areas. The standard is applied
where moderate screening is necessary to soften the impact of uses or paved areas, but
where some visibility between areas is more desirable than a total visual screen.
At present, the site does not provide any setback or other separation between vehicle
use and pedestrian areas and, while the property owner has paved within the right of
way, there is no sidewalk provided across the site. The applicant must provide the
required setbacks and screening to comply with the commercial site development
standards and to ensure safe pedestrian access along the public sidewalk. A setback
area with S2 screening will be required in two areas at the front of the lot:
• Between the right-of-way and the parking area located to the south of the
building. The applicant has agreed to install this setback.
• Between the right-of-way and the drive located in front of the north wing of the
building. The applicant has proposed to build masonry planter in this area. Staff
agrees that this may provide an adequate setback but recommends that the
planter be subject to approval by the City Forester to insure that the planter is of
and appropriate depth for shrubs to survive and for proper drainage.
(3) All outdoor storage areas that abut other properties must be fenced to the S5
standard and screened to at least the S3 standard. Landscape screening must be
located between the fence and abutting property. The landscape screening
requirement may be waived by the Board of Adjustment or by the Building Official,
upon presentation of evidence that a planting screen cannot be expected to thrive
because of intense shade, soil conditions, or other site characteristics. The
presence of existing pavement, by itself, shall not constitute convincing evidence.
An outdoor storage area faces the railroad to the west and a public zone to the south.
The applicant has proposed to insert vinyl lath into the existing 5-6-foot chain link fence
to provide a solid fence screen as described in the S5 standard. The S5 standard calls
for a solid fence for complete visual separation. The height of the fence is determined
based on the activity or use to be screened. Staff believes this is appropriate screening
for a vehicle repair use in this location.
The S3 standard refers to a buffering treatment that uses dense landscape screening to
provide a visual and physical separation between uses and zones. It is commonly used
to screen outdoor work and storage areas. The property owner has indicated to staff that
he has had difficulty growing vegetation to the west of the fence due to activities
associated with the railroad. For this reason the applicant is requesting that the board
waive the required S3 landscape screening along this portion of the storage area. The
applicant will provide the S3 landscape screening as required outside the fence along
the south property line, adjacent to the public zone.
4
General Standards: 14-413-3, Special Exception Review Requirements
The applicant's comments regarding each of the specific standards are included on the attached
application form. Staff comments related to the general approval criteria are set forth below.
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
Vehicle repair uses are allowed in the CC-2 by special exception, and the building and location
are appropriate for such a use. The commercial neighborhood to the south and west of the
subject property along Gilbert Ct., Maiden Lane, and Highland Ave., is zoned Intensive
Commercial (CI-1) and contains many vehicle repair and other quasi -industrial uses. This area
provides an important niche for such uses within Iowa City's Central Planning District. The
property will be required to come into compliance with current commercial site development
standards, including standards that control access points (curb cuts) for the property and
separation between vehicle use areas and the sidewalk. These standards will help to insure that
the use in not detrimental to or endanger 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 or impair
property values in the neighborhood.
See criteria 1 above. The Gilbert Court area has been used for auto repair operations, and other
intensive commercial operations, for some time. This use would not appear to adversely affect
property values in this area. By bringing the property in compliance with the commercial site
development standards, the use should not be injurious to the use, enjoyment, or value of
property in the vicinity. The railroad provides some separation between the property and the
adjacent CC-2 property to the northwest on Kirkwood Avenue.
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.
See 1 and 2 above. The establishment of a vehicle repair use is compatible with the
surrounding uses in the Gilbert Court area. Compliance with current development standards will
ensure that the property does not impede the improvement of surrounding property for uses
permitted in the zone. As noted above, the railroad demarks this property from the other CC-2
properties in the area.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
Adequate facilities and public utilities are in place to serve this property. As discussed,
landscaping improvements and sidewalks are required in the street right-of-way.
5. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets.
In order to accomplish this and to meet other criteria for the special exception, the applicant must
bring the vehicle entrances into compliance with the access management standards in the zone
(14-5C)—the maximum width of a curb cut is 42 feet. Location and design of access points must
be approved as part of the site plan review process.
There is adequate vehicular access to the site via Gilbert Court, however the zoning code
requires that access from the Gilbert Court right-of-way be further controlled by narrowing the
southern of the two curb cuts and a sidewalk must be constructed across the property.
Landscaping to the S2 standard will be required to be placed between the parking area and the
public sidewalk in order to separate vehicle use areas from pedestrian areas.
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.
Although the building is designed for a vehicle repair use, the subject property has been vacant
for more than one year. For this reason, a new occupant constitutes a change of use. As a
result, the property must be brought into compliance with current zoning code requirements.
The subject property is a non -conforming development for several reasons:
Commercial Site Development and Off -Street Parking requirements:
• Parking areas must be set back at least 10 feet from street -side lot line.
• Parking areas must be set back at least 5 feet from side and rear property lines.
• Curb cuts are not controlled. Curb cuts must conform to the City's access standards.
• A sidewalk must be created across the property (south -north). Staff has noted that there
may be some obstacles (an electrical pole and utility box as well as a sign pole) at the
intersection of Gilbert Ct. and Kirkwood that may impede the construction of the sidewalk
all the way to Kirkwood Avenue. The applicant will consult with Public Works to
determine the appropriate location of the sidewalk.
• A designated connection for pedestrians must be created between the sidewalk and the
building's entrance.
Landscaping and Screening requirements:
• All areas of the site that are not used for buildings, parking, vehicular or pedestrian uses
must be landscaped.
• S2 screening is required between parking areas and the public right-of-way and between
parking areas and abutting property.
7. The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
The Comprehensive Plan shows intensive commercial uses being appropriate in the Gilbert
Court area.
STAFF RECOMMENDATION:
Staff recommends EXC08-00001, an application from Overdrive Auto to establish a vehicle
repair use in the Community Commercial (CC-2) zone located at 1021 Gilbert Street Ct., be
approved, subject to submission of a site plan that shows compliance with all commercial site
development standards in the zoning code, including the following
• Compliance with all required setbacks and S2 screening to separate parking
areas, drives and aisles form the public right-of-way and abutting properties.
Planters must be approved by the City Forester to assure appropriate depth and
drainage.
• Compliance with the 5-6 foot solid fence as proposed by the applicant to screen
the outdoor storage area from abutting properties to the south and west and
required S3 landscape screening outside the fence along the south property
line.
• Compliance with access standards (curb cuts) to control vehicle access to the
property.
• Construction of the required north -south sidewalk within the right-of-way as well
as a designated pedestrian access to the building from the public right -of way
• Compliance with off-street parking design standards.
Because the applicant wishes to begin using the facility immediately, and it will not be possible
to install the required site improvements before spring, Staff recommends that a provisional
occupancy permit be issued subject to a performance guarantee to insure that all required
improvements considered as part of this exception process are installed in a timely manner.
ATTACHMENTS:
1. Location map
2. Aerial View
3. Application Materials
4. Correspondence
Approved by: X600c� I
Robert Miklo, Senior Planner,
Department of Planning and Community Development
S:\PCD\Board of Adjustment\Case File\EXCOS-00001 Overdrive Auto.doc
c<cgg-l�G�f I
APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE: / a- Z / - 07 PROPERTY PARCEL NO.
PROPERTY ADDRESS: /0o I Gr'l b(-VJ Co6(1-0
PROPERTY ZONE:
PROPERTY LOT SIZE:170 " )r .270"
APPLICANT:
Address: N / I Gyr' �7j
Phone: 315 75 ,4 - 750 3
CONTACT PERSON: Name:
(if other than applicant)
Address: /71'f� 5AvJ0LCQrctv�le J'�-0j c
Phone: -7/9 63/—a/-�S or �i9-�f4z 7fo3
PROPERTY OWNER: Name: i
(if other than applicant)
Address: r L/ 6cic' �7e
Phone: j/ y 36
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 366-5239 or email sarah-wa/z@iowa-city.org.
Purpose for special exception: fie /O Cc e, GuidLa l?,e�cr,Y rNcd;4x 011
Date of previous application or appeal filed, if any:
-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. Please
contact Sarah Walz at 356-6239 or email sarah-walz@iowa-city.org.
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:
X A. Legal descri tg_ion of property (attach a separate sheet if necessary):
You can find the legal description and parcel number for your property by doing a parcel
search for your address on the Assessor's website at www./owacity.iowaassessors.com/
or by calling 319-356-6066.
B. Plot Plan/Site Plan drawn to scale showing all of the following information:
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.* On a
separate sheet, address each of the criteria specific to the special exception being sought.
Your responses should not be opinions, but should provide specific information
demonstrating that the criteria are being met.
*These criteria are not listed on this form but are provided within the Zoning Code. If you
are not familiar with the Zoning Code or if you do not know where to find the criteria
specific to your request, please contact Sarah Walz at 366-6239 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.
-3-
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
2
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f The specific proposed exception will not Abe Injurious to the use and
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enjoyment of other property in the immediate vicinity and will not
substantially diminish and impair property values in the neighborhood.
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3. Establishment of the specific proposed exceptio�ill not !r ed"e the normal
and orderly development and improvement of the surrounding property for
uses permitted in the district in which such property is located.
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4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
-4-
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
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 14-46 as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K) j
7. The proposed use will be consistent with the Comprehensive Plan of the
City.
C L,,�
ulq_�
-5-
E. List the names and mailing addresses of the record owners of all property located
within 300 feet of the exterior limits of the property involved in this appeal*:
NAME ADDRESS
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*This information is available from the Johnson County Assessor's Office.
in
NOTE: Conditions. In permitting a special exception, the Board may impose appropriate
conditions and safeguards, including but not limited to planting screens, fencing,
construction commencement and completion deadlines, lighting, operational controls,
improved traffic circulation requirements, highway access restrictions, increased minimum
yard requirements, parking requirements, limitations on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the circumstances
upon a finding that the conditions are necessary to fulfill the purpose and intent of the
Zoning Chapter. (Section 1.4-8C-2C-4, City Code).
Orders. Unless otherwise determined by the Board, all orders of the Board shall
expire six (6) months from the date the written decision is filed with the City Clerk,
unless the applicant shall have taken action within the six (6) month period to
establish the use or construct the building permitted under the terms of the
Board's decision, such as by obtaining a building permit and proceeding to
completion in accordance with the terms of the permit. Upon written request, and
for good cause shown, the Board may extend the expiration date of any order
without further public hearing on the merits of the original appeal or application.
(Section 14-8C-1 E, City Code).
Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved
by any decision of the Board under the provisions of the Zoning Chapter, or any
taxpayer or any officer, department or board of the City may present to a court of
record a petition for writ of certiorari duly verified, setting forth that such decision
is illegal, in whole or in part, and specifying the grounds of the illegality. (Section
14-8C4F, City Code). Such petition shall be presented to the court within thirty (30)
days after the filing of the decision in the office of the City Clerk.
Date: / - Is , 20 O
Date: / S , 20dK
_
ppdadminlapplication-boase.doc
Signatures) of Property Owner(s)
if Different than Applicant(s)
section D-1
The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or welfare.
At this time the building at 1021 gilbert court has been empty for over a year.
Having a lath screening on the fenced in area will provide sufficiant
screening so the vehicles waiting for service will not be exposed to the public.
Further more, the vehicles that are parked in the fenced area usually are
not on the lot for more that 48 hours, In most cases only 9 to 12 hours. No
vehicles will be allowed to leak any sort of oil or antifreeze on the property.
Section D-2
The use of this building would not diminish the property value of any of the
surrounding areas, the entire area is used for the same purpose. This
building has a striking outside appearance and would compliment all the other
surrounding business no matter what type of use as long as it is kept
clean and organized.
section D-3
This area has allready been established as an automotive repair for years.
section D-4
T
All necassary facilities are provided in and around the property in question
Section D-5
The property 1021 Gilbert ct. has its own parking facility so that nothing would
be parked on or around the streets. Temperary parking is in the
front of the building for check in purposes only and is not in the street nor in the
way of any other traffic.
Section D-6
If the city requires to add other means of shade or screening, we will do so.
Section D-7
Comp plan allows these type of uses and this use is compatible as well as
other surrounding businesses.
Page 1 of 1
Sarah Walz
From: Judy Atkins Uatkins@jccrisiscenter.org]
Sent: Thursday, February 07, 2008 10:01 AM
To: Sarah Walz
Subject: 1021 Gilbert Ct.
Sarah,
I spoke with Bob this morning regarding the application from Overdrive Auto and he suggested I mail you.
My concern is whether or not sidewalks at that end of Gilbert Ct. would be part of the final approval to relocate a
business to this location.
It is difficult for our clients at the Crisis Center to get down the street from the bus stop with no sidewalks. They
may have small children in tow and also be carrying sacks of groceries. This would certainly be a welcome relief
for them rather than walking in the street.
We would appreciate a consideration of the issue of the sidewalks when you are considering this pending
application. We also believe that it would enhance the look of Gilbert Court and Kirkwood Avenue.
Sincerely,
Judy Atkins
Interim Executive Director
Crisis Center
351-2726
2/7/2008
STAFF REPORT
To: Board of Adjustment
Item: EXC08-00004, 2150 Rochester Avenue
GENERAL INFORMATION:
Applicant:
Contact Person:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable code sections:
File Date:
Prepared by: Doug Ongie
Date: February 13, 2008
Regina High School
2150 Rochester Avenue
Iowa City, IA 52245
Pete Damiano
1470 Grand Avenue
University Heights, IA 52246
530-9127
Approval of a special exception to permit
the expansion of a general education
facility in the RS-5 zone.
To allow the construction of a 42' x 15'
addition that will include new bathrooms
and press box space.
2150 Rochester Avenue
Property size: 37.90 acres
Regina High School; RS-5
North: Hickory Hill Park; P-1
East: Residential; RS-5, RM-12
South: Commercial & Residential; CN-1,
CO-1, RS-5, RM-20
West: Residential; RS-5
14-4B-4D-9, general educational facilities
in the RS-5 zone.
January 16, 2008
BACKGROUND INFORMATION:
The Regina Property is more than 37 acres, with the football and soccer complex located behind
the school buildings and adjacent to Hickory Hill Park. The applicant would like to construct a 42' x
15', two-story addition to the existing press box located east of the football/soccer field and
approximately 300 feet from the nearest residential property to the east. The addition will contain
bathrooms on the lower level and additional press box space on the upper level. In addition, the
project will add wheelchair seating and a new sidewalk leading from the parking lot to the press
box area.
An addition to the proposed press box is considered an expansion of a general educational
facility. Expansions of more than 500 square feet require a special exception.
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 considered to service the
public interest and is consistent with the intent of the zoning chapter.
Specific Standards: 14-41134D-9, General Educational Facilities in the RS-5 zone
According to the Iowa City Zoning Code, a general education facility is defined as elementary
and secondary schools below university grade (ordinarily grades one through 12), including
denominational and sectarian schools, kindergartens and military academies. Section 14-413-
4D-9 provides that a general education facility may be expanded in the RS-5 zone by special
exception.
The specific criteria for expansions of general education facilities in the RS-5 zone (see
attached) take into consideration vehicle access, building setbacks, increased traffic and
parking. Because the application to add onto the press box is relatively small in the scheme of
the entire Regina campus, and because the addition will not generate additional traffic and is
located away from the view of neighboring properties and rights of way, the specific criteria for
the special exception are not relevant to this consideration.
b. The proposed use will be compatible with adjacent uses. The proposed addition will be
compatible with adjacent uses because the addition will not be visible from neighboring
properties and will not create additional traffic.
e. The proposed use will not have significant adverse affects on the livability of the
nearby residential uses due to noise, glare from lights, late -night operations, odors
and litter. Although the press box addition will continue to be used for football and soccer
events, the proposed addition will not create any additional affects on the livability of nearby
residential uses: it will not result in a change to the lighting, sound, or level of use of the
athletic facilities.
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 proposed addition to the press box is modest and is located away from surrounding
residential property. Therefore it will not endanger the public health, safety, comfort or general
welfare because there will be no increase in traffic or changes in noise, glare, litter, etc. .
2. The specific proposed exception will not be injurious to the use and enjoyment of
other property in the immediate vicinity and will not substantially diminish or impair
property values in the neighborhood.
The addition is more than 300 feet from the nearest residential neighbor and will not increase
the intensity of use of the existing athletic complex. Therefore the expansion not be injurious to
property in the immediate vicinity.
3
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.
See items 1. and 2.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
All utilities, access roads, and necessary facilities are already provided —no additional utilities or
facilities will be required.
5. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets.
The applicant has received several special exceptions for previous projects. The most recent
special exception (EXC04-0002) was granted to the Regina Catholic Education Center for the
construction of a 43-space parking area and classroom additions to the principle structure. Staff
recommended that any future additions to the school that would result in increased traffic should
not be approved unless the applicant provided a traffic study. The proposed expansion to the
press box will not increase traffic to the property.
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 proposed project will need to comply with the accessory building standards.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
The Comprehensive Plan allows educational facilities in residential zones so long as they are
designed to be compatible with the surrounding residential neighborhoods.
STAFF RECOMMENDATION:
Staff recommends that EXC08-0004, a special exception for the expansion of a general
educational facility to construct a 42' x 15' addition in the Low Density Single -Family Residential
(RS-5) zone at 2150 Rochester Avenue, be approved.
ATTACHMENTS
1.
Location map
2.
Aerial view
3.
Site plan
4.
Application materials
5.
Correspondence
Approved by: A\
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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Page 1 of 1
Sarah Walz
From: Bauer, Thomas K [tomas-bauer@uiowa.edu]
Sent: Wednesday, February 06, 2008 9:30 AM
To: Sarah Walz
Cc: Tom and Sandy Bauer
Subject: IC Board of Adjustment - Regina School Project
Sarah,
Sandy and I appreciate the written February 1 advisory from Jodi DeMeulenaere that the Iowa City Board of
Adjustment will review an application from Regina High School to allow an expansion of a school facility in the
RS-5 zone.
We have no objection to this project (600 sq. ft. addition to the press box). Regina High School is a good
neighbor and a community asset. We support granting the special exception.
Thanks again for seeking our input.
Tom and Sandy Bauer
612 North First Avenue
351-4447
2/7/2008
E xC (T_)8 -C)e> 'f
APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE: _1/16/08 PROPERTY PARCEL NO, 1011178001
PROPERTY ADDRESS: 2150 Rochester Ave
PROPERTY ZONE: RS5
APPLICANT:
CONTACT PERSON:
(if other than applicant)
PROPERTY OWNER:
(if other than applicant)
PROPERTY LOT SIZE: 38 acres
Name: Regina High School
Address: 2150 Rochester Ave
Phone: 338-5436
Name: _Pete Damiano. Booster Club President
Address: 1470 Grand Ave
Phone: 530.9127
Name:
Address:
Specific Requested Special Exception; please list the description and section numb4lh
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-walz@iowa-city.org.
Purpose for special exception: Addition of bathrooms and press box space will have no
no impact on neighboring properties
Date of previous application or appeal filed, if any:
-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.
A. Legal description of property (attach a separate sheet if necessary):
Lot 1 Regina Subdivision
Parcel number 1011178001
B. Plot Plan/Site Plan drawn to scale showing all of the following information:
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 14-4B4
of the Zoning Code. Other types of special exceptions to modify requirements for the property are
listed elsewhere in the Code.)
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.
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3.
4.
-3-
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.
The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or general welfare.
The addition of accessible bathrooms, press box space, accessible
sidewalks and wheelchair seating for football and soccer games will
improve rather than be detrimental to public health and safety.
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.
The proposed project is in the middle of the back portion of the school
property and will have no impact on the adjoining property. It will not
increase the amount of traffic flow and will only be minimally visible, if
visible at all to the neighboring property holders.
Establishment of the specific proposed exception will not impede the normal
and orderly development and improvement of the surrounding property for
uses permitted in the district in which such property is located.
The proposed project is in the middle of the back portion of the school
property and will have no impact on the use of adjacent land.
Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
The purpose of the project is to improve access to necessary facilities
including accessible bathrooms, pressbox and handicapped seating for
those attending football and soccer games at Regina.
-4-
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
Because the project is behind the school it will have no impact on
congestion on public streets. It will not cause an increase or decrease
in traffic flow to the school.
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 14-46 as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K)J
The proper application, architect's drawing and site plan have been
submitted according to code requirements.
7. The proposed use will be consistent with the Comprehensive Plan of the
City.
The project will make the site more user friendly and accessible,
consistent with the comprehensive plan for the City.
-5-
E. List the names and mailing addresses of the record owners of all property located
within 300 feet of the exterior limits of the property involved in this appeal:
NAME
ADDRESS
in
NOTE: Conditions. In permitting a special exception, the Board may impose appropriate
conditions and safeguards, including but not limited to planting screens, fencing,
construction commencement and completion deadlines, lighting, operational controls,
improved traffic circulation requirements, highway access restrictions, increased minimum
yard requirements, parking requirements, limitations on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the circumstances
upon a finding that the conditions are necessary to fulfill the purpose and intent of the
Zoning Chapter. (Section 14-8C-2C-4, City Code).
Orders. Unless otherwise determined by the Board, all orders of the Board shall
expire six (6) months from the date the written decision is filed with the City Clerk,
unless the applicant shall have taken action within the six (6) month period to
establish the use or construct the building permitted under the terms of the
Board's decision, such as by obtaining a building permit and proceeding to
completion in accordance with the terms of the permit. Upon written request, and
for good cause shown, the Board may extend the expiration date of any order
without further public hearing on the merits of the original appeal or application.
(Section 14-8C-1 E, City Code).
Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved
by any decision of the Board under the provisions of the Zoning Chapter, or any
taxpayer or any officer, department or board of the City may present to a court of
record a petition for writ of certiorari duly verified, setting forth that such decision
is illegal, in whole or in part, and specifying the grounds of the illegality. (Section
14-8C-1 F, City Code). Such petition shall be presented to the court within thirty (30)
days after the filing of the decision in the office of the City
Date: � � 20 dY
V
Date:
ppdadm inlapplication-boase.doc
20
Signature(s) of Applicant(s)
Signature(s) of Property Owner(s)
if Different than Applicant(s)
STAFF REPORT
To: Board of Adjustment Prepared by: Sarah Walz
Item: EXC08-00003 Date: February 13, 2008
4330 St. Patrick Drive
GENERAL INFORMATION:
Applicant:
Saint Patrick's Catholic Church
421 S. Linn Street, P.O. Box 2776
Contact:
Jesse Bulman
Neumann Monson Architects
221 East College St.
Suite 303
319-338-7878
Requested Action:
Construction of a facility for
religious/private group assembly in the
RS-5 Zone.
Purpose:
To construct a new church facility in
the RS-5 zone.
Location:
4330 St. Patrick Drive North of the
intersection of Lower West Branch Road
and Brentwood Drive
Size:
14.0 acres
Existing Land Use and Zoning:
Undeveloped, Low Density Single Family
Residential (RS-5) Zone
Surrounding Land Use and Zoning:
North: Farmland and rural residential
(County-R)
South: Residential (OPD-8)
East: Farmland and rural residential
(County-R)
West: Farmland and rural residential
(County-R)
Applicable code sections: Specific criteria for religious/private group
assembly in the RS-5zone (14-4B-4D-14);
Multi -family site development standards
(14-213-6); Off -Street Parking and Loading
Standards (14-5A); Screening and
Buffering Standards (14-5F).
File Date: January 17, 2008
BACKGROUND INFORMATION:
The applicant, St. Patrick's Church, is seeking to build a new church on a 14-acre property
located 4330 St. Patrick Drive (north of Lower West Branch Road). In fall of 2007, the subject
property was annexed into the city and designated a Low Density Single Family Residential
(RS-5) zone. Acknowledging that churches are a desirable and anticipated part of many
neighborhoods so long as they are developed in a manner that is in concert with the City's
Comprehensive Plan and compatible with surrounding neighborhoods, religious/private group
assembly uses are allowed in the zone through the special exception process.
Although much of the surrounding area is undeveloped, Iowa City's Northeast District Plan calls
for traditional neighborhood development in this area with a grid -like street pattern radiating out
from a public square located along Lower West Branch Road. (Construction of the public square
envisioned in the plan was recently completed.) The concept for the public square originally
came from residents who participated in the Northeast Planning District Process who indicated
a desire to have new neighborhoods in the district organized around focal points rather than
being a collection of unrelated subdivisions. The plan further emphasized interconnected streets
with sidewalks and trail connections to ensure good circulation through and between
neighborhoods as well as easy access to neighborhood parks, commercial areas, and other
destinations.
While the Northeast District Plan did not contemplate an institutional use of this size at this
location, the City recognized a trend among new churches to establish campus -like sites. Staff
recommended that the church site be designed to integrate with future neighborhoods as
described in the plan: to face onto the public square as a focal point and that the site not
interrupt the circulation of pedestrians and vehicles through the neighborhood. For this reason,
the annexation and zoning of the property were approved subject a conditional zoning
agreement (CZA), which included the following requirements:
1. dedication of 60-foot wide public rights -of- for future street connections to the northeast
and northwest corners of the public square
2. dedication of a 60-foot public right of way for a future street to extend across the
northern portion of the property with an agreement that when this northern street is
constructed the church will construct an access drive from the developed portion of the
church property to this northerly street.
3. dedication of a 20-foot public easement and construction of an 8-foot wide sidewalk and
to connect future neighborhoods across the church site,
The church is in the process of dedicating these rights of way and easement for the sidewalk.
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 construction of a
church in the RS-5 zone if the requested action is found to be in accordance with the regulations
of the Sections 14-4B-4D-14, the specific criteria for religious private group assembly uses in
the RS-5 zone, as well as and the general standards for all special exceptions as set forth in
Section 14-4B-3A.
The Iowa City Comprehensive Plan encourages neighborhoods with a mix of housing and
supportive land uses as well as open space and recreational facilities, institutional, and civic
uses. The Comprehensive Plan allows the location of religious facilities and other institutional
uses within neighborhoods provided that the are designed to be compatible with the surrounding
residential neighborhood and ensure traffic circulation and pedestrian safety.
Specific Standards Regarding Educational Uses in the RS-5 zone-14-4B-4D-14
The proposed special exception to allow construction of a religious institution in a
residential zone must meet certain specific regulations spelled out in Section 14-4B-4D-
14 of the Zoning Chapter (see zoning code page attached).
The applicant's comments regarding each of the specific standards are included on the attached
application form. Staff comments related to the general approval criteria are set forth below.
a. Vehicular Access: The code requires vehicular access from streets that are a minimum of
28 feet wide. The church site meets the requirement for street access with its primary entrance
off Lower West Branch Road, a collector street. At some point in the future, a public road may
be developed along the north side of the property, and a secondary access drive allow access
to and from the north side of the property. This will allow traffic from the church to be dispersed
rather than concentrated on the one entrance and will discourage traffic travelling to and from
areas north of the site from cutting through residential streets.
b. Setbacks: The proposed church buildings exceed the required setbacks for religious/private
group assembly uses located in the RS-5 zone:
Minimum setback
Actual setback
provided
difference
Front south
20'
160'
+ 140'
Side east
20'
94'
+ 74'
Side west
20'
174'
+ 154'
Rear west
50'
600'
+ 550'
The zoning code places a 35-foot height limit for principal buildings in the RS-5 zone, however,
the code allows an increase in the maximum height provided that for each one foot of height
increase above the standard, the front, side and rear setbacks are increased by an additional 2
feet (14-2A-4C-1d). With the exception of the bell tower, the proposed church is 58 feet 8 inches
in height, requiring an additional 47.5 feet of setback on each side of the building. As shown in
the table above the setbacks proposed in the site plan exceed this additional requirement. The
church is also proposing a 113-foot bell tower, located at the front of the church plaza. The
zoning code exempts spires on religious and other institutional buildings from the height
limitations, provided that the height increase does not conflict with Airport Zoning (14-2A-4C-1 c-
2).
c. The Proposed use will be designed to be compatible with adjacent uses. The board will
consider aspects of the purposed use, such as the size and types of accessory uses,
anticipated traffic, building scale, setbacks, landscaping, and location and amount of
paved area. The board may deny the use or aspects of the use that are deemed out of
scale, incompatible, or out of character with surrounding residential uses, or may require
additional measures to mitigate these differences. Additional requirements may include,
but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks,
location and design of parking facilities, and location and design of buildings.
The proposed site plan shows the church building, which includes a main sanctuary with a
seating capacity of 955 people (based on 18 inches per seat); a smaller day chapel; and space
for recreation facilities (a gym) classrooms, and a reception hall. In addition the church has
proposed a rectory located just to the northwest of the church building in order to allow the
parish priest to live on site.
In order to meet the goal of the Comprehensive Plan, which envisioned the public square as the
focal point for the neighborhood, the church building faces its main entrance onto the square.
The proposed parking area provides 160 parking spaces, which is the minimum required by the
zoning code (equal to one sixth of the occupant load of the main auditorium/sanctuary). As
discussed above the code does provide a height exception for steeples and similar architectural
features on churches and other institutional buildings. The Board must decide whether the scale
of the overall church including the bell tower will be compatible with the planned residential
neighborhood. In Staff's opinion, the site plan effectively uses space to offset the significant
change in scale from the surrounding neighborhood structures by providing a 160-foot setback
at the front of the property and more than 200 feet of side setback for the bell tower.
d. Given that large parking lots can seriously erode the single family residential character
of these zones, the board of adjustment will carefully review any requests for parking
spaces beyond the minimum required. The board may limit the parking spaces beyond
the minimum required. The board may take into account the availability of on -street
parking, the estimated parking demand, and opportunities for shared parking with other
nonresidential uses in the vicinity.
As stated above, the church has proposed 160 spaces, which is the minimum required by the
code. The space requirement is based on 1/6 of the occupant load of the largest auditorium; the
main sanctuary of the church seats 955 people. The site plan shows the required 20-foot
setbacks for the parking areas and a setback of more than 100 feet from St. Patrick Drive as
well as all the required screening and shade trees within and around the lots. Given the overall
size of the property; the generous front setback from the street; proposed landscaping; and the
configuration of the parking, which is split into two separate areas —one on each side of the
building —staff believes that the parking areas will not detract from the neighborhood character.
e. The proposed use will not have significant adverse effects on the livability of nearby
residential uses due to noise, glare from lights, late -night operations, odors and litter.
While much of the surrounding property is undeveloped at this time, this criterion remains
relevant for preserving residential development potential in the area. As with most churches,
peak vehicle traffic will be during weekend services and holidays. The proposed parking areas
comply with the code requirement that no parking be provided within the required 20-foot side
setback. The site plan also shows the required S2 landscape screening to minimize views of the
parking area and glare from headlights during evening events. Odors and litter should not be an
issue with this use. The church plans to use the bell tower only prior to services and at noon and
6 pm with occasional use for holidays and special events, such as weddings.
The proposed use is large and provides opportunities for uses, including a gym and classrooms,
not associated with smaller church sites. Staff believes that the additional setback areas
between the building and the church building will provide space to minimize any noise due to
more intense and daily use of the building and will help to mitigate the difference in scale
between the large church building and future residential structures.
f. Not applicable.
g. if the proposed use is located in a residential zone it must comply with the multi -family
site development standards set forth in section 14-2B-6.
Location and Development Standards for Surface Parking and Detached Garages
The multi -family development standards require that all surface parking be located behind the
principal building and that those parking areas that are not completely concealed from view of
fronting streets be screened to the S2 standard. In addition, a landscaped buffer of a least 10 feet
in width is required between parking areas and any adjacent properties (14-2B-3). These
standards are intended to ensure compatibility by promoting safe, attractive, pedestrian -friendly
neighborhoods and by preventing large expanses of concrete, blank walls, and parking lots along
street frontages.
Providing an appropriate location for parking areas is complicated on this site. The church
property will likely front on two streets at some point in the future —St. Patrick Drive (a newly
named street to the north of the recently constructed Lower West Branch Road) to the south and
an as yet undeveloped road to the north. It is unknown when the second road will be built,
however the church is required by the CZA to dedicate the 60-foot right of way and to construct an
access drive from the road to the developed portion of the property when the road is completed.
Because this second street will likely develop to the rear of the church at some point in the future,
placing the parking behind the church would not conceal views of parking area from fronting
streets.
Through the annexation and rezoning process the applicant has agreed to face the main
entrance of the church onto the public square. Therefore staff believes a requirement to place
the parking to the rear, a minimum of 150 feet from the front entrance of the church, would be
an unreasonable burden. The church has proposed to locate parking areas to the east and west
sides of the church behind the front plain of the building to the south and behind the rectory to
the north. In addition, the church has set the building back 160 feet from Lower West Branch
Road and more than 500 feet from the future road location to the north. The site plan also
shows the required S2 screening for the parking area with additional trees along Lower West
Branch Road.
General Standards: 14-413-3, Special Exception Review Requirements
The applicant's comments regarding each of the general standards are included on the attached
application form. Staff comments related to the general approval criteria are set forth below.
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare. Staff finds that the proposed church facility, will not
be detrimental or endanger the public health, safety, comfort, or general welfare. As explained
above, the proposed site plan shows that the church exceeds all of the setback requirements in
the code. The setbacks and the required landscape screening will provide a buffer, to soften the
view of the parking areas and to minimize any noise, light glare, or other disturbance associated
with activity on the site. The church has provided its main access point along a collector street
and designed access to provide safe ingress and egress and to minimize congestion.
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. For the reasons described under the specific criteria
above, Staff finds that the construction of the church facility will not be injurious to the other
property in the vicinity, nor will it substantially diminish or impair property values. The proposed
site plan exceeds the requirements for setbacks and screening. As the surrounding residential
neighborhood develops over time, access across and to the site will become more important.
The church will address these issues by complying with the CZA requirements for granting road
and pedestrian access as described above.
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. At the time the subject property was annexed
and rezoned, the applicant agreed to a number of conditions intended to integrate the church
property into the neighborhood. While most surrounding properties are undeveloped at this time,
the church's site plan has taken future development into account. The proposed site plan
indicates the 8-foot sidewalk (as required in the CZA) across the church property to allow a
connection between the residential neighborhoods as well as sidewalk connections between the
public square and the church site. The site plan also identifies the location of a future driveway
connection (as required in the CZA) to be established at the time that a new road is developed
to the north of the site. This will help to alleviate potential traffic congestion once the residential
neighborhoods are fully developed.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided. All water, sewer, and necessary access roads are in place. As mentioned
above, an additional access drive is planned to connect to a future public street to be
constructed across the northern portion of the property. Drainage from the site will be reviewed
as part of the site plan process to ensure that stormwater does not impact surrounding
properties.
5. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets. Staff finds that the location of the 2
main access drives from St. Patrick Drive along the public square to the church site are
appropriate. As mentioned above, there may be a public road developed to the north of the
church site at some point in the future and the applicant has indicated their plans to connect to
the road via a secondary access drive. As the surrounding property is developed for residential
use, this secondary entrance will help to minimize vehicle congestion.
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 proposed
church facility meets the requirements for the use in the RS-5 zone. The applicant is required to
submit a final site plan for review by the building official and will be subject to all other
requirements of the Zoning Code, including regulations related to stormwater management,
lighting, etc.
7. The proposed use will be consistent with the Comprehensive Plan, as amended. As
described above, the Comprehensive Plan encourages the location of churches within
residential neighborhoods so long as they meet the requirements of the zoning code and criteria
outlined in this application. The Northeast District Plan as amended integrates the church site
into the larger neighborhood. I have attached a copy of the Lindemann Hills Neighborhood Plan
(part of the Northeast District Plan), showing how the church property connects into future
neighborhood development. By agreeing to face the church onto the square and by providing
connectivity through right of way dedications and a pedestrian easement and sidewalk across
the site (as specified in the CZA), the proposed church is consistent with the Comprehensive
Plan.
i
The proposed construction of a church facility at 4330 St. Patrick Drive exceeds all of the
building setback requirements for such uses in the RS-5 zone. Given that the church property
7
will eventually front on two streets (St. Patrick Drive to the south and a currently undeveloped
road to the north), placing parking to the sides of the building with generous setbacks from both
public streets (in excess of 100 feet) seems the most appropriate location for parking on this
property. By dividing the parking into two separate lots and limiting the number of parking spaces
to the minimum required, the site plan meets the intent of the criteria for the special exception by
minimizing the appearance of large lots. For this reason, staff supports the location of the
proposed parking behind the front plane of the building to east west sides of the church. The
proposed site plan shows compliance with all landscaping and minimum parking requirements.
STAFF RECOMMENDATION:
Staff recommends that EXC08-00003, an application for construction of a facility for
religious/group assembly in the RS-5 zone located at 4330 St. Patrick Drive, be approved
subject to the following conditions:
1. substantial compliance with the site plan and elevations submitted, and
2. dedication of rights -of -way and the pedestrian access easement as described in the
CZA, prior to issuance of a building permit.
3. compliance with all other elements of the CZA.
Attachments:
1. Specific criteria for religious/private group assembly uses in the RS-5 zone
2. Location map
3. Lindemann Hills Neighborhood Plan (part of Northeast District Plan)
4. Proposed site plan and elevations
5. Application materials
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
PAGE 4B-33 144B
Minor Modifications, variances, Special
Exceptions, and Provisional Uses
parking, the estimated parking demand, and opportunities for shared parking
with other nonresidential uses in the vicinity of the use
e. If the proposed use in located in a Residential Zone or in the Central Planning
District, it must comply with the Multi -Family Site Development Standards as set
forth in Section 14-2B-6.
14. Religious/Private Group Assembly in the ID-RS, RS-S, RS-8, RS-12, and
RNS-12 Zones
a. Vehicular access to the proposed use is limited to streets with pavement width
greater than 28 feet.
b. The following minimum setbacks are required in lieu of the setbacks specified in
the base zone. However, the Board of Adjustment may reduce these setbacks,
subject to the approval criteria for setback adjustments as specified in 14-2A-
4B-5, Adjustments to Principal Building Setback Requirements.
(1) Front: 20 feet
(2) Side: 20 feet
(3) Rear: 50 feet
c. The proposed use will be designed to be compatible with adjacent uses. The
Board of Adjustment will consider aspects of the proposed use, such as the site
size, types of accessory uses, anticipated traffic, building scale, setbacks,
landscaping, and location and amount of paved areas. The Board of Adjustment
may deny the use or aspects of the use that are deemed out of scale,
incompatible, or out of character with surrounding residential uses, or may
require additional measures to mitigate these differences. Additional
requirements may include, but are not limited to, additional screening,
landscaping, pedestrian facilities, setbacks, location and design of parking
facilities, and location and design of buildings.
d. Given that large parking lots can seriously erode the single family residential
character of these zones, the Board of Adjustment will carefully review any
requests for parking spaces beyond the minimum required. The Board may limit
the number of parking spaces and the size and location of parking lots, taking
into account the availability of on -street parking, the estimated parking demand,
and opportunities for shared parking with other nonresidential uses in the
vicinity of the use.
e. The proposed use will not have significant adverse affects on the livability of
nearby residential uses due to noise, glare from lights, late -night operations,
odors, and litter.
f. The Building Official may grant approval for the following modifications to a
Religious/Private Group Assembly Use, without approval from the Board of
Adjustment, upon written findings that the modification will not be detrimental
to the public health, safety, or welfare, or be injurious to the other property or
improvements in the vicinity and in the zone in which the property is located.
(1) An accessory storage building less than 500 square feet in size.
Title 14: Iowa City Zoning Code Revised 2-20-07
PAGE 4B-34 144B
Minor Modifications, Variances, Special
Exceptions, and Provisional Uses
(2) A building addition of less than 500 square feet, provided the addition does
not increase the occupancy load of the building.
g. If the proposed use is located in a Residential Zone or in the Central Planning
District, it must comply with the Multi -Family Site Development Standards as set
forth in Section 14-2B-6.
E. Other Uses
1. Animal -Related Agriculture in the ID Zones
a. Livestock feedlots must be located no closer than 1/4 mile from any Residential
Zone boundary.
b. Confinement feeding operations are prohibited.
2. Extraction
a. Extraction is not permitted within 1,000 feet of a Residential Zone.
b. Proof of compliance with all State requirements, including all approvals and
licenses referenced in subparagraphs c. through e. must be submitted to the
City for review and approval prior to commencing extraction operations.
c. Approval for the withdrawal of water must be obtained from the Iowa
Department of Natural Resources, or its successor.
d. Approval for operation in a floodplain must be obtained from the Iowa
Department of Natural Resources, or its successor.
e. A license to operate the Extraction use must be obtained from the Iowa
Department of Agricultural and Land Stewardship, Division of Soil Conservation,
or its successor. Failure to maintain said license shall constitute abandonment.
3. Helicopter Landing Facilities in the I-1, 1-2, RDP, and ORP Zones
a. The proposed landing facility must be located at least 1,000 feet from any
Residential Zone.
b. The landing facility must meet all applicable federal regulations. Documentation
of compliance with federal regulations must be submitted to the Board of
Adjustment with the application for a special exception.
4. Communication Transmission Facilities in Residential Zones and in the ID-
RS and ID-RM Zones
Communication Transmission Facilities are limited to communications antennae,
provided the following conditions are met:
a. The antenna is mounted on the roof of a principal building that contains a
nonresidential use or on the roof of a building that is accessory to a
nonresidential use. Examples include church and school buildings. A maximum
of two antennae is permitted per building.
b. Strobe lighting is prohibited in Residential Zones. Therefore, any antenna that
requires such illumination is prohibited.
c. Any equipment associated with an antenna must be located within the exterior
walls of the building to which the antenna is attached. No separate equipment
shed is permitted.
Title 14: Iowa City Zoning Code Revised 2-20-07
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APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE: 01.06.08
PROPERTY ADDRESS:
PROPERTY ZONE: RS-5
4330 Saint Patrick Drive, Iowa City, IA 52242
PROPERTY PARCEL NO. 0907152001
PROPERTY LOT SIZE: 14.0 Acres
APPLICANT: Name: Roger Reilly, Saint Patrick Catholic Church
Address: 421 S. Linn St. PO Box 2776, Iowa City, IA
Phone: 319-337-2856
CONTACT PERSON: Name: Jesse Bulman, Neumann Monson Architects
(if other than applicant)
Address: 221 E. College Street, Ste. 303, Iowa City IA 52241
Phone: 319-338-7878
PROPERTY OWNER: Name:
(if other than applicant).
Address:
Phone:
C5
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: Construct a Catholic Church on a RS-5 Zone, See Iowa City Zoning Code,
Title 14-413, Sub section 14, Religious / Private Group Assembly in the ID-RS, RS-5, RS-8, RS-12 and RNS-12 Zones
Date of previous application or appeal filed, if any: NA
-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
search. for your address on the Assessor's website at www.iowacity.iowaassessors.com/
or by calling 319-356-6066.
B. Plot Plan/Site Plan drawn to scale showing all of the following information:
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 14-413-4
of the Zoning Code. Other types of special exceptions to modify requirements for the property are
listed elsewhere in the Code.)
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.
-3-
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.
Vehicular Access roads entering the site are 24'-0" wide to promote safe environment for
pedestrians by decreasing crosswalk lengths, and to slow traffic down entering the site. Parking
lots have been located away from the front of the church with proper screening. Churches
located in a residential area should increase the livability of the area as outlined in the
establishment and intent of RS-5 zone in chapter 2 of the Iowa City Zoning Code. The church
will not normally have late night operations, and would have similar noise and odor level as the
surrounding neighborhood.
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.
All required Front, Side, and Rear setbacks have been met in the design. This helps ensure
separation from other near by residences to help create an environment that will not diminish and ,
impair property values. As mention above the church normally will not have any late Right
operations and would have a similar noise and odor level to the surrounding neighborhood_._The
church front faces a public square. The design has tried to address this square by developing a
plaza in front of the church and treating it as an extension of that square. -
3. Establishment of the specific proposed exception will not impede tI*. normai-,
and orderly development and improvement of the surrounding property for.)
uses permitted in the district in which such property is located.
The design has taken all Front, Side, and Rear setbacks into account. Roadway entrances have
been sized to accommodate both traffic and pedestrian. Parking lots have been screened and
properly sized to accommodate Sunday traffic loads. The church also fronts a public square,
both of which enhance each others functions. The RS-5 zones establishment of intent states that
churches help create a livable neighborhood. Future road connections have also been planed
and a pedestrian walk has been incorporated to also facilitate a more livable community.
4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
On -site storm sewer has been designed to safely convey storm water run-off from the site to
existing city storm sewer systems. All other existing utilities are located close to the site for easy
extension to serve the site. Entrances to the site are designed to accommodate both the
vehicular and pedestrian traffic.
-4-
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
The site has been designed with two entrances in order to promote safe ingress/egress for the
site. Both entrances are designed wide enough for two-way traffic. The two entrances will
minimize congestion on the public square as there will be two places to enter/exit the site and not
all congested at one point of access. Accommodations have also been made for future roadway
extensions to the east and west across the front of the site.
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
IC Zoning Code, 14-2A-1 subsection B, States the zone is to promote livability neighborhoods.
This zone also allows for some nonresidential uses that contribute to the livability of
neighborhoods, such as parks, schools, religious institutions, and daycare facilities. Related
nonresidential uses and structures should be planned and designed to be compatible with the
character, scale and pattern of the residential development. The design has taken this in
consideration by screening parking areas, meeting set back requirements, meeting street access
requirements, and open space requirements as outlined in the RS-5 and Special Exceptions.
There has been a great deal of design to locate parking away from and provide an entrance on
the front yard to create focus on the public park.
7. The proposed use will be consistent with the Comprehensive Plan of the
City.
As stated above churches are encourage in RS-5 zones as long as they meet the Special
Exception Standards and any applicable RS-5 requirements. In addition the public square and
the Saint Patrick's purposed plaza should complement each other and create a comprehensive
environment and a livable neighborhood.
-5-
E. List the names and mailing addresses of the record owners of all property located
within 300 feet of the exterior limits of the property involved in this appeal:
NAME
See Attached
ADDRESS
See Attached
0
NOTE: Conditions. In permitting a special exception, the Board may impose appropriate
conditions and safeguards, including but not limited to planting screens, fencing,
construction commencement and completion deadlines, lighting, operational controls,
improved traffic circulation requirements, highway access restrictions, increased minimum
yard requirements, parking requirements, limitations on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the circumstances
upon a finding that the conditions are necessary to fulfill the purpose and intent of the
Zoning Chapter. (Section 14-8C-2C-4, City Code).
Orders Unless otherwise determined by the Board, all orders of the Board shall
expire six (6) months from the date the written decision is filed with the City Clerk,
unless the applicant shall have taken action within the six (6) month period to
establish the use or construct the building permitted under the terms of the
Board's decision, such as by obtaining a building permit and proceeding to
completion in accordance with the terms of the permit. Upon written request, and
for good cause shown, the Board may extend the expiration date of any order
without further public hearing on the merits of the original appeal or application.
(Section 14-8C-1 E, City Code).
Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved
by any decision of the Board under the provisions of the Zoning Chapter, or any
taxpayer or any officer, department or board of the City may present to a court of
record a petition for writ of certiorari duly verified, setting forth that such decision
is illegal, in whole or in part, and specifying the grounds of the illegality. (Section
14-8C-1 F, City Code). Such petition shall be presented to the court within thirty (30)
days after the filing of the decision in the office of the City Clerk.
Date: 01.17.07
20 08
Signature(s) of Applicant(s)
Date: 01.17.07 20 08
Sign ur of Pro Owner(s)
if Di re t than Ap cant(s)
ppdad min\application-boase.doc
Specific Approval Criteria
Saint Patrick Catholic Church, Iowa City IA
4330 Saint Patrick Drive, Iowa City, IA 52242
Property Parcel No. 09071520001
Special Approval Criteria for provisional use and special exceptions of an intuitional or civic nature i€) a
residential zone are out lined below, See Section 14-413-4-D-14 Rel,gious l Private Group Ass nr7 bly in t,te
ID-RS, R'S-5, RS-8, RS-12, and IRNS-12 Tones.
a. Vehicular Access to the proposed use is limited to streets with pavement widths greater than 25
feet
i. Current access points front 28'-0" wide streets
la. The following rninimum set tracks are required in lieu of the setbacks specified in the base zone.
However, the board of adjustments may reduce these setbacks, subject to the approval criteria far
setback adjustments as specified in 14-2A-413-5, adjustments to principal building setback,
requirements -
1. Front: 20 Feet
2. Side: 20 Feet
3, Rear: 50 Feet
All current set back requirement. See the Site Plan.
1. Front: 160+' from street
2. Side 94+' from East property line
3. Side 174+' from West property line
4. Back 600+' from rear property line
c. The proposed use will be designed to i)e compatible with adjacent uses. The board of adjustment
will consider aspects of the purposed use, such as the site size types Of aocessorV uses;
anticipated traffic, building scale, setbacks, landscaping, and location and at-nount of paved areas.
The board of adjustment may deny the use or aspects of the use that are deemed out of scale,
ncur apatible, or out of character with surrounding residential uses, or many required additional
measures to mitigate these differences. Additional requirements may include, but not limited to,
additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking
facilities: and location and design of buildings.
i. The current parking configuration will meet but will not exceed the required number of
parking spaces, this will help reduce hardscape, and is one of the criteria for the LEED
submission we are pursing. Parking lots are located behind the front plain of the building,
and 160+' from the front street. A future Street has been purposed to the rear of the
church, the design has taken this into account by locating parking in the side yards.
Proper screen will also be provided, and all set backs have either been met or exceeded
to help create adequate separation between the site and other residential lots. Currently
160 spaces are required by code. Pedestrian walks are purposed to connect future
developments to each side of the site to create a livable and walkable neighborhood.
Given that large parking lots can seriously erode the single family residential character of these
zones; the board of adjustments will carefully review any requests for parking spaces beyond the
rain rnUrn required. The Board may lirnit the number of parking spaces beyond the rninirnurn
required. The board may limit into account the availability of on -street parking, the estimated
parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity
of the use.
i. Current parking doesn't exceed the requirement. Screening or parking lots have been
taken into consideration, and lots have been located 160+' back from the front street to
promote a cohesive design with the civic park area.
e. The proposed use will not have significant adverse affects on the livability of nearby residential
uses due to noise, glare from lights, late -night operations, odors, and litter
A church should have similar noise, odor, and operations to that of a residential
neighborhood. Recycling collection and disposal will be required for a LEED submission,
and should help reduce the amount of actual garbage being collected on site in
dumpsters. A dumpster area will be provided, and be located so it isn't visible from the
front yards. The Church will have a bell tower will only ring prior to a service, at noon, and
6:00 pm.
The building official may grant approval for the follo,,,.6na modifications to a religious iprivate prouh
assembly use, without approval from 'lie board of adjustments, upon written findings that the
modifications will not be detrimental to the public health, safety, or welfare, or be injuriOLIS to the
other property or improvements in the vicinity and in the zone in which the property is located.
1. An accessary storage building less than 500 square feet in size
i. Such an accessory storage building is not being proposed currently, if
one would be purposed later it shall conform to this provision.
2. A building addition of less than 500 square feet, provided the addition does not
increase the occupancy load of the building
i. This is new construction.
g. If the proposed use is located in a residential zone or in the central planning district, it must comply
with the Multi -family site development standards as set forth in section 14-28-6
1. C. Location and design standards for surface parking and Detached
Garages.
i. Parking areas are located behind the front plain of the building and is
set back from the street 160 + feet. S-1 Screening is provided around
parking areas.
ii. Only 160 spaces required by code will be provided. To minimize the
size of the parking lot and to meet LEED requirements.
iii. Dumpster Loading areas are screened with walls, and are located on
the east side of the site away from the front views.
2. 2. Aisles and Drives
i. Aisles and drives meet the requirements of the section.
ii. On site storm sewers have been designed to connect safely with the
city storm system.
. 3. Landscape buffering
i. A 20 foot wide buffer between parking and adjacent properties,
parking areas, and street right-of-ways that meet the standards of and
S2 landscape have been provided.
ii. There are no Alleys
iii. All Drop off areas for Patrons have sidewalks
D, Building entrances for Multi -Family and Group Living Uses
i. All Entrance requirements have been met, Main entrance has been
pulled forward to provide a vestibule and to help demark the entrance.
ii. See Exterior Elevations
E. Building scales. E. Balconies and exterior stairways, corridors and lifts; G.
Building Materials
i. Building Materials are currently designed to be brick and limestone
veneers. The roof is to be either a metal or asphalt shingle
ii. See Exterior Elevations
iii. Building Height is at 58'-8" which is over the 35'-0" limit. And
additional 23'-8" in height is being provided by using additional set
backs.
Required Front 20'+47'-4" = 67'-4", Provided 160'
Required Side 20'+47'-4" = 67'-4", Provided 94' & 174'
Required Rear 50'+47'-4" = 97'-4", Provided 600'
iv. Spires on Religious or institutional buildings are exempt from height
limitations per the Iowa City Zoning code.
H. Mechanical Equipment 1 Utility Meters
i. No utility meters will be located along the street side
ii. Roof Top units are set back from roof edges to prevent them from
being seen at ground level
iii. Currently no mechanical equipment is planned to be mounted at
grade, if future mechanical design require equipment to be at grade
proper screening will be provided
i. Additional Standaids in 4'he Central Planning District
i. The new structure is outside the central planning district.
J. PPinor Modifications
i. None are being requested at this time.
MINUTES DRAFT
IOWA CITY BOARD OF ADJUSTMENT
DECEMBER 12, 2007-5 PM
EMMA J HARVAT HALL—IOWA CITY/CITY HALL
CALL TO ORDER: Carol Alexander called the meeting to order at 5:04 PM.
MEMBERS PRESENT: Carol Alexander, Ned Wood, Michael Wright
MEMBERS ABSENT: Michele Payne, Edgar Thornton
STAFF PRESENT: Sarah Walz, Sara Greenwood
OTHERS PRESENT: Bill McNally
RECOMMENDATION TO THE COUNCIL (becomes effective only after separate
Council action):
None
CONSIDERATION OF THE NOVEMBER 14, 2007 MINUTES:
Wright stated that on the bottom of page 7 there is an apostrophe fault where it reads,
"Hudson's." It should read, "Hudsons." He also noted on the top of page 11, "Meg
Barren" is misspelled —it should read "Meg Baron." Wright stated that at the bottom of
page 11, the last paragraph, the sentence starts with "Payne," and should read "Payne."
Wood noted that on page 3, the first paragraph where it states, "The hosuing
inspector... "—this should be "housing." He also noted that about half way through the
same paragraph where it reads, "Regarding the issue and at joint staff reviewed with
staff' should be clarified to read, "at a joint staff meeting reviewed...". In the following
paragraph Wood corrected, "...that would be easily opbserved..." to, "observed." In the
third paragraph of page 3, Wood corrected the punctuation error, "...tenants or
ownership/" to "tenants or ownership." He also added that in the next sentence,
"Members continued to ask..." should be clarified to read, "Members of the Board of
Adjustments continued to ask...". On page 5, paragraph 2, third to last line, Wood noted
that, "...bares the burden" should be, "bears the burden...". On page 9 he also noted in
the second to last paragraph, second to last sentence, it reads, "...that the issue has to due
with the phrase..." should be corrected to read, "...that the issue had to do with the
phrase...". On page 10, the second full paragraph, Wood said the sentence, "...the
Chauncey Sawn ramp available to residents as has offered..." needs to be corrected to
read, "...the Chauncey Swan ramp available to residents and has offered...". Alexander
noted on page 11, in the last sentence, "RobPhipps" needs a space between first and last
names to read, "Rob Phipps."
MOTION: Wood moved to approve the November 14, 2007 minutes as corrected.
Wright seconded the motion.
Board of Adjustment
December 12, 2007
Page 2
The motion was approved 3:0
SPECIAL EXCEPTION:
EXC07-00009: Discussion of an application submitted by Iowa Wireless Services, LLC
for a special exception to allow a cell phone tower in the CC-2 zone at 640 Hwy 1 West.
Walz addressed the Board and reviewed that just to the north of the proposed cell phone
tower is a residential site, where cell phone towers are not allowed. Cell towers must be
set back from residential zones one foot for every foot in height of the tower. Iowa
Wireless is asking for a special exception to locate a cell phone monopole in the parking
lot of the bank that is under construction in the CC2 zone. She showed the Board a cell
phone coverage chart, provided by Iowa Wireless, which displayed a lack of phone
coverage, or a "bowl" in service, in the area because of the hillside and surrounding
terrain. She said there are no existing towers in the area for Iowa Wireless to add onto in
order to boost coverage, nor can they add onto The Lodge because that is a residential
zone.
Walz reminded Board members that the code places an emphasis on camouflaging or
designing cell phone towers so that the structures are discreet. She reminded members of
the Board that they recently approved a 60-foot tower at Olympic Court that was of a
similar design and showed slides of that tower. The Iowa Wireless tower will be no taller
than 50 feet (the minimum asked for by Iowa Wireless). A taller pole at the site to allow
co -location would not be possible because of setback requirements. She said the tower
would not use a backup generator or a strobe light. Walz indicated a main concern of
Staff was that the equipment enclosure area be surrounded by additional screening. Staff
recommended 10-foot high S3 screening because, given the terrain of the area, the
residential area to the north would look down upon the site.
Walz indicated that with appropriate screening, matching the mounted lights on the tower
to the bank's lights, and mounting parking lights on the cell phone tower at the same
height as the bank's other pole lights, that Staff recommends approving the exception
subject to compliance with the plan and specifications regarding tower design based on
the following conditions:
1. That the west and north potions of the enclosure be constructed of black chain
link fence.
2. That the north and west sides be screened according to S3 standards with
vegetation that will reach a minimum height of 8 to 10 feet when mature.
3. The landscape plan for the tower enclosure should complement the landscaping of
the bank.
4.
Alexander called for questions from the board. None were raised.
Bill McNally, contact person for the Iowa Wireless, and contractor with Iowa Wireless
for site acquisition, said Walz did a good job of explaining the nature and purpose of
Iowa Wireless's application. He said the company concurs with the Staff s
recommendations. He reiterated that the geographic area is a "hole" for cell phone
providers in the area, and the proposed tower will improve wireless coverage for Iowa
Board of Adjustment
December 12, 2007
Page 3
Wireless users, especially those in the high- population density area of The Lodge
apartments. He asked for questions from the Board. None were raised.
Public hearing closed.
MOTION: Wright moved to approve special exception EXC07-00009, an
application by Iowa Wireless Services, LLC to allow a communication transmission
facility in the CC-2 zone at 640 Hwy 1 West be approved subject to compliance with
a site plan and specifications regarding the tower design submitted as part of the
application and the following conditions including:
1. West and north potions of the enclosure are constructed of black chain link
fence.
2. North and west sides are to be screened according to the S-3 standard with
vegetation that will reach a minimum height of 8 to 10 feet when mature. The
landscape design should complement landscaping of the bank and is subject
to Staff approval.
Seconded by Wood.
Wright said that in looking at the specific standards set out in section 14-413-4 through E-
5, he thinks this meets the standards as they're spelled out, and the tower meets a need in
an area not currently served by an existing cell phone tower. He said there aren't any
commercial structures in the area that are large enough to make mounting the tower to
them appropriate. The tower will discreet and inconspicuous in design and the equipment
enclosure will be screened to make it as inconspicuous as possible from the residential
area on the slope behind it. The light fixtures will complement those on the light poles in
the parking area. He noted the desire to make the tower taller for co -location, but the
given site with its setback limitations, prevents anything taller. Equipment will be
enclosed within a fence and the enclosure area will be screened. The black chain link
fence and additional landscape screening recommended by staff will help improve the
appearance of the site. He summarized that the only generator will be a backup, and the
tower will not use strobe lighting, as such lighting is prohibited. Wright also added if the
use of the tower is discontinued, the applicant has agreed to remove it. The tower is
designed to collapse by folding rather than falling over in case of a disaster and its safety
would be reviewed by the building department. He also said he did not think the proposed
tower would diminish property values or enjoyment of the adjoining residential
neighborhood and commercial district of the Southwest District. The change in grade and
screening will minimize any impact on the residential property. Electrical and phone
service to the tower will be provided by the applicant. The tower would not impact the
future development in the area nor would it effect ingress or egress from the site.
Wood noted that he agreed with Wright's summary and said he recognized the need for
better cell phone coverage in the area, and he appreciated the company's attempt to
minimize the tower's visual impact through the color of the tower and the landscaping.
He reviewed the general criteria again, stating that the tower would not create negative
impacts.
Alexander said she was in agreement with her colleges, and said she would support the
application.
The motion was approved 3:0
OTHER:
None
Board of Adjustment
December 12, 2007
Page 4
BOARD OF ADJUSTMENT INFORMATION:
Walz informed the Board that there have been no applications for the two available seats.
As a result, the deadline for application has been extended to January 2, 2008.
ADJOURNMENT:
Motion: Wood mobbed to adjourn, seconded by Wright.
Alexander adjourned the meeting at 5:35 PM.
CITY OF IOWA CITY
2008 Board of Adjustment Schedule
for application deadlines and meetings
Applications are due by noon in the City Clerk's Office
in City Hall, 410 E. Washington Street, Iowa City
APPLICATIONS DUE ON: FOR REVIEW AT FORMAL MEETING ON:
December 13, 2007....................................................................................January 9, 2008
January 17, 2008- ....... o ........................................... o ...... o ................. ...... February 13, 2008
February 14, 2008......................................................................................March 12, 2008
March 13, 2008...............................................................................................April 9, 2008
April 17, 2008..................................................................................................May
14, 2008
May 15, 2008..................................................................................................June
11, 2008
June 12, 2008.....................................................................................................
July 9, 2008
July 10, 2008.............................................................................................
August 13, 2008
August 14, 2008.................................................................................
September 10, 2008
September 11, 2008.................................................................................October 8, 2008
October 16, 2008................................................................................ November 12, 2008
November 13, 2008............................................................................ December 10, 2008
December 18, 2008..................................................................................January 14, 2009
For questions about the Board of Adjustment, contact Sarah Walz at 356-5239
or the Planning & Community Development Department at 356-5230.