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HomeMy WebLinkAbout03-12-2008 Board of AdjustmentAGENDA Iowa City Board of Adjustment Meeting Wednesday, March 12, 2008 - 5:00 PM Emma J. Harvat Hall A. Call to Order B. Roll Call C. Consider the February 13, 2008 minutes. D. Special Exception: EXC08-00005: An application submitted by Mercy Hospital for a special exception to reduce the principal building setback on the north side of the property, located in the CO- I zone at 500 East Market Street. E. Other F. Board of Adjustment Information G. Adjournment NEXT BOARD OF ADJUSTMENT MEETING — April 9, 2008 STAFF REPORT To: Board of Adjustment Prepared by: Sarah Walz Item: EXC08-00005 Mercy Hospital Date: March 12, 2008 GENERAL INFORMATION: Applicant: Mercy Hospital Glen Winekauf 500 E. Market Street 391-338-9311 Contact: Will Downing Rohrbach Associates 325 E. Washington Street 319-338-9311 Requested Action: Special exception to reduce the principle building setback from 10 feet to 0. Purpose: To allow a 9.75" x 25" addition to house an elevator. Location: 500 E. Market Street (the location of the expansion is on the north side of the building along near the intersection Bloomington and Van Buren Streets. Size: 10.57 acres. Existing Land Use and Zoning: Hospital (CO-1) Surrounding Land Use and Zoning: North: Medical Office and Residential (CO-1) South: Office and Residential (CO-1) East: Office and Residential (CO-1) West: Commercial Retail and Residential (CB-2) Applicable code sections: 14-2C-4B (Table 2C-2a), minimum setback requirements for principal buildings in the commercial office zone;14-2C-4B-5 adjustments to principal building setback requirements; 14-2C-4B1, purpose of the minimum setback requirements; 14-4B-3A, Genera Approval Criteria for Special Exceptions File Date: February 14, 2008 BACKGROUND INFORMATION: The applicant, Mercy Hospital is requesting a setback reduction along Bloomington Street in order to allow space for installation of a larger elevator that will accommodate a gurney bed. A larger elevator is necessary in order to meet International Building Code and Safety Code requirements. The current elevator is located in the interior of the hospital building. The architectural consultant for the hospital has determined that it is not possible to retrofit the existing building elevator to the larger size, and that an exterior addition would be necessary to meet the current code standards. Mercy Hospital's main building extends approximately 600 feet, and occupies the entire two block frontage along Bloomington Street, between Gilbert and Johnson Streets. The majority of the building along this frontage is set back nine feet from the property line. However there are portions of the building that are established well within the required setback, including the emergency room (at the corner of Gilbert and Bloomington Streets) and an existing covered stair and entrance to the building at the site of the proposed elevator addition, which is set approximately 2 feet from the property line. The proposed addition would be approximately 25 feet in length and would include the new elevator, elevator lobby, and building entrance. In addition a 15-20-foot covered stair entry area leading up to the lobby entrance will also fall within the required setback (the stairway portion being set 2 feet from the property line) and are included in this request for a setback reduction. 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 14-2C-4B-5, pertaining to setback adjustments and the general standards for special exceptions as set forth in Section 14-4B-3. Specific Standards: Section 14-2C-4B-5, Adjustments to the Principal Setback Requirements in Commercial Zones The applicants' 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 situation is peculiar to the property: Staff finds that the situation is peculiar in that Mercy Hospital is the only structure on this frontage and occupies the entire length of two full city blocks (from Gilbert St. to Johnson St.) along Bloomington Street. The modification to the elevator system is required to bring the existing building into compliance with international building standards, and, according to the consulting architect can not be retrofitted in the interior of the building. 2. There is practical difficulty complying with the setback standards: As indicated above and in the applicant's submission, the addition is necessary to bring the existing building into compliance with the requirements of the International Building Code and Life Safety Code. The hospital's architect has determined that an exterior addition is the only way to provide this necessary modification to the elevator system. 3. Granting the special exception will not be contrary to the purpose of the setback regulations, which are: a. Maintain light, air, separation for fire protection, and access for fire fighting. The proposed elevator addition will extend a 25-foot section of the building out to the property line. A 15-20-foot covered stair and landing leading to the entrance will also be within the setback. The entire building addition and landing would be located at the property line, approximately 4 feet from the public sidewalk. The covered stair would be set 2 feet from the property line. The proposed addition is located midblock, near the intersection with Van Buren Street, and will extend the entire height of the building. The Bloomington Street right of way is 80 feet across, significantly wider than most Iowa City rights -of -way. For these reasons staff finds that the exception will not reduce light, air, or separation between structures or properties. b. Provide opportunities for privacy between dwellings. For the reasons describe in "a" above and because the requested addition represents only a 40-45-foot section of the building, a portion of which is already well within the required setback, Staff believes the requested setback will not diminish the opportunity for privacy between dwellings. c. Reflect the general building scale and placement of structures in the City's neighborhoods. As stated above, the Mercy Hospital building extends for an entire 2 blocks along the Bloomington Street frontage. The vast majority of the hospital building is set back 9 1/2 feet from the property line —the notable exception being the emergency center at the corner of Gilbert and Bloomington. The setback reduction accounts for only a small portion the 600-foot building. Because Bloomington Street is a wide right-of-way and because the addition location is close to the intersection with Van Buren Street, another wide right-of-way, Staff does not believe the setback reduction would be out of character with the neighborhood or the zone in which it is located. d. Promote a reasonable physical relationship between buildings and between residences. For all the reasons stated above, staff finds that the addition will not create an unreasonable physical relationship between buildings. Properties on the opposite side of Bloomington Street are also in the CO-1 zone and are a mixture of office and residential uses. Because Bloomington Street is a wide ROW, Staff does not believe this creates an unreasonable physical relationship between buildings. e. Provide flexibility to site a building so that it is compatible with buildings in vicinity. For all the reasons stated above, and especially because the hospital already occupies the entire 2-block street frontage, staff finds that the special exception will not be incompatible with other buildings or future buildings in the immediate vicinity. General Standards: 14-4B-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. As explained above, the existing hospital building extends approximately 600 feet and occupies nearly the entire length of the two -block frontage. The proposed addition and stairway represent just 40-45 feet of the building length. Bloomington Street is an 80-foot right-of-way, which provides additional space between the hospital and properties on the opposite side of the street. Moreover the location of the addition 4 is midblock, just slightly east of the intersection with the northern portion of Van Buren Street, another 80 foot right-of-way. The space between the public sidewalk and the curb contains several mature street trees, and the addition will not disturb these and thus this portion of the hospital building is somewhat screened from the street. The new addition will be located approximately 4 feet from the public sidewalk and more than 20 feet from the street itself — both of which are located in the pubic right-of-way. 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 cited above, Staff does not believe the proposed exception will be injurious to the use and enjoyment of other property in the immediate vicinity, nor will it diminish or impair property values. The main entrance for the hospital remains on Market Street and the addition for the elevator will not alter the way in which this building entrance is used or provide additional vehicle access to the building. 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. The CO-1 zone includes all but one of the properties along the north side of Bloomington Street, between Gilbert and Dodge Streets. Because setback reduction is limited to a small portion of the building and will alter the vehicular traffic flow around the building, and because the Bloomington Street is a wide street right-of-way, the proposed setback reduction will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the zone. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. All are currently being provided. S. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. The main entrance to the hospital remains on Market Street. There will be no additional vehicular access along this side of the building, so the proposed addition will have no impact on ingress or egress to the site. 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. A final site plan and elevations for the addition will be reviewed by the building department to ensure that all lighting and other features of the building comply with current code standards. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. The Comprehensive Plan recognizes Mercy Hospital as an important institutional use in the community but also acknowledges conflicts that have arisen with regard to parking demands created by the hospital. The proposed special exception will have no impact on parking or other traffic issues. STAFF RECOMMENDATION: Staff recommends that EXC08-00005, an application for a setback reduction from 10 feet to 0 along Bloomington Street be approved. ATTACHMENTS: 1. Location map 2. Aerial view 3. Photos 4. Proposed site plan 5. Application materials Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development Location of elevator addition. 7 View of existing Bloomington Street entrance to the building. This covered stair entrance will be removed and replaced as part of the elevator addition project. View looking east, down the Bloomington Street right-of-way. The proposed addition will be located 2 feet closer to the sidewalk than the existing covered stair entrance shown in this photo. �xi's�in9 P/a.� BLOOMINGTON STREET i hT-iTnTrT - - I IIIIIIIIII I I I LIL 1-1 H N MERCY NORTH ELEVATOR ADDITION - EXISTING PLAN SCALE: 1 /8" = V-0" r? Project Name: MERCY IOWA CITY DrawmcI Title: MERCY LEVEL 2 Addendwn/ITC No.: PROP05ED ELEVATOR PARTIAL PLAN 5DNumber: ROHRBACH ASSOCIATES PC ADDITION Date Issued: Owner Project No.: WC Pro ect No.:ILLLi/-c)-t5jI Sheet Number: A R C H I T E C T 5 0741 A-2.00 BLOOMINGTON STREET N MERCY NORTH ELEVATOR ADDITION - PROPOSED PLAN SCALE: 1 /8" = 1'-0" (T r? Project Name: Drawing Title: Addendum/ITC No.: MERCY IOWA CITY MERCY LEVEL 2 ROHRBACH PROP05ED ELEVATOR ADDITION PARTIAL PLAN 5D Number: ASSOCIATES PC Owner Project No. RAPC Project No.: Date Issued: 5heet Number: A R C H I T E C T S 0741 J 2/ 1 4/08 A-3.00 w9m, �+i+i+i+++i+i�►+i+i+i+i+i+i�r++i� �ii@++i++�i+i+i+i+i+i+i+i+i+�+i+ ++i�i+i+i�i+i+i+�+i+�+�►�+i+ii+i +i+i+i+i+i+i4�i to w ML.J -J MARKET STREET ---- ----- - --------- UJI Z UJ w- =D M z I L—i 11--i L E) Q1 -7D � JEFFERSOI MERCY IOWA CITY LOCATION PLAN NO SCALE PROPOSED ELEVATOR WIN O I F- 4 STREET -*I i rpm e ru UJ ul z 0 Ch Q= z X 0 J /11 r— �J� M NE, INNA F? Project Name: MERCY IOWA CITY Drawing Title: MERCY IOWA CITY Addendum/ITC No.: I PROPOSED ELEVATOR LOCATION PLAN ISD Number; ROHRBACH ADDITION IL ASSOCIATES PC Owner Project No. RAPC Project N,--] Date lssued�.[—Sheet Number: ARCH I TECTS 0741 11 3/6/08 IL A- 1.00 APPLICATION TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION DATE: February 14, 2008 1CC op - �> PROPERTY PARCEL NO. 1010165001 PROPERTY ADDRESS: 500 East Market Street, Iowa City PROPERTY ZONE: CO-1 PROPERTY LOT SIZE: 10.57 acres APPLICANT: Name: Mercy Hospital (Glen Winekauf) Address: 500 E. Market St, Iowa City Phone: 319-887-2893 CONTACT PERSON: Name: Will Downing, Rohrbach Associates (if other than applicant) Address: 325 E. Washington St., Iowa City Phone: 319-338-9311 -9 --.'-.a 71 —71 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-walz@iowa-city.org. /44<-Z(' leeducii,<, Dr6gC1:aa1 Aida - set I1ac 4 -�o � Purpose for special exception: Date of previous application or appeal filed, if any: Y_il'jj ra ROHRBACH ASSOCIATES PC A R C H 1 T E C T S Mercy Iowa City Board of Adjustment Special Exception Purpose of Exception: The purpose of this exception is to allow the construction of an elevator addition to the north side of the existing Mercy North building. The existing building is four stories above grade. A change of use is anticipated for the top floor of the building. The International Building Code requires that an elevator of adequate size for an emergency services gurney be available to this floor. Date of previous application or appeal filed, if any: None INFORMATION TO BE PROVIDED BY APPLICANT: "- A. Legal Description: 2063 ORIGINAL TOWN OF IOWA CITY BLOCKS 47 ALVb` $ EXPEPT,� W 40 LOT 3 AND EX ALL OF LOS 4,5 AND 6 BLK 47 AND EX PART OF L- TJ lN_B.K 34 PAG 59 B. Plot Plan/Site Plan: See Attached - C. Specific Approval Criteria 1. The situation is peculiar to the property in question: This addition is necessary for the existing building to comply with requirements of the International Building Code. The proposed addition is entirely within the physical character and scale of the existing buildings. Encroachment into the property line setback will be similar to other portions of the existing building along the same street frontage. 2. There is practical difficulty in complying with the setback requirements: in order for the facility to comply with the International Building Code and the Life Safety Code an elevator of sufficient size to accommodate a gurney is required. It is not possible to retrofit the existing building elevator to this larger size due to structural limitations. Therefore it has been determined that an exterior addition is necessary to provide the required elevator. Constraints of the site make an addition on the East, South, or West sides of the building impossible. An addition on the north side of the building is the remaining recourse for providing the necessary elevator. 3. Granting the exception will not be contrary to the purpose of the setback regulations: Portions of the existing building along Bloomington Street currently extend up to within a few inches of the property line in a similar manner as the proposed addition. The addition will be no taller than the existing building. Therefore this addition will not impact views or available daylight to surrounding property. Because the location of the proposed addition is in mid block, facing the street, no encroachment is to be made on neighboring property. The overall size Commerce Center 325 E. Washington Suite 400 P.O. Box 2238 Iowa City, IA 52240-2238 Tel: 319.338.9311 Fax: 319.338.9872 ROHRSACH ASSOCIATES PC A It C H 1 T E C T S and scale of the existing buildings will remain essentially unchanged, thus maintaining the existing relationship to the surrounding property. 4. Any potential negative effects resulting from the setback exception are mitigated to the extent practical: It is the intent of this project to maintain the existing landscaping and views to the greatest extent possible. The existing right- of-way of Bloomington Street is wide, providing a tree lawn with mature trees. The property line is more than four feet beyond the back of the existing sidewalk; therefore the building will not encroach on the public space. 5. The subject building will be located no closer that three feet to a side or rear property line, unless the side or rear property line abuts a public right-of-way or permanent open space: No side or rear yard setbacks will be affected by this project. D. General Approval Criteria: 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The proposed addition will extend only as far as other existing parts of the building along Bloomington Street. Because there is a wide landscaped area between the street curb and the building the building will not appear to encroach upon public space to any extent more than the building currently does. Existing with mature trees in the right-of-way will not be affected by the addition, helping to maintain the appearance and character of the existing site. 2. The specific proposed exception will not be injurious to the use and enjoyment of the other property in the immediate vicinity and will not substantially diminish and impair property values in the neighborhood. The proposed building addition will be no taller than the existing building and will extend only sixteen inches closer to the street. Neighboring property should be unaffected in terms of daylight, views or access. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. ..., There will be no physical impediment of any neighboring property bgr, :phis pr000sed exception. �- 4. Adequate utilities, access roads, drainage and/or necessary facaities lWe been or are being provided. Not Applicable, the site is fully developed.' 5. Adequate measures have been or will be taken to provide ingrsss or egress designed to minimize traffic congestion on public streets. No additional building entrance is planned as part of this addition. There will be no additional vehicular access, therefore traffic and congestion will be unaffected. Commerce Center 325 E. Washington Suite 400 P.O. Box 2238 Iowa City, IA 52240-2238 Tel: 319.338,931 1 Fax: 319.338.9872 ROHRBACH ASSOCIATES PC A R C H 1 T E C x S 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. The existing Mercy Iowa City facility and the proposed addition are entirely within the applicable regulations and standards of the zone. 7. The proposed use will be consistent with the Comprehensive Plan of the City. The existing Mercy Iowa City facility is within the Comprehensive Plan of the City. Commerce Center 325 E. Washington Suite 400 P.O. Box 2238 Iowa City, IA 52240-2238 Tel: 319.338.9311 Fax: 319.338.9872 MINUTES PRELIMINARY IOWA CITY BOARD OF ADJUSTMENT FEBRUARY 13, 2008-5:00 P.M. EMMA J. HARVAT HALL Members Present: Michelle Payne, Ned Wood, Edgar Thornton, Karen Leigh Members Excused: None Staff Present: Sara Walz, Sarah Holecek Others Present: Shawn Harris, Dave Zahradnik, Father Rudy Juarez, Rodger Riley, Kevin Monson, Greg Lacey CALL TO ORDER: Wood called the meeting order at 5:03 p.m. ELECTION OF OFFICERS: Motion: Leigh nominated Wood for Chair of BOA. Payne seconded the nomination. The motion passed 4:0. Motion: Leigh nominated Payne for Vice -Chair of BOA. Thornton seconded the nomination. The motion passed 4:0. CONSIDERATION OF THE DECEMBER 12, 2007 MINUTES: Thornton noted that in the adjournment section, Wood's "mobbed" should to be corrected to read "moved." Wood noticed on page two, paragraph three, that there seemed to be too many "that's," and the passage should be reworded. He also noted an "item four" that needed to be deleted. Wood said under the motion on page three, five lines down, it read, "...the tower will inconspicuous..." and it should read, "...the tower will be inconspicuous... ". Motion: Thornton motioned to accept the December 12, 2007, minutes. Leigh seconded. Motion passed 4:0. SPECIAL EXCEPTIONS: 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 Court. Walz reported there had been one letter from the public, which was included in the board packet. Judy Atkins of the Crisis Center wrote to request the requirement for the sidewalks be enforced. Walz reviewed the application for a special exception, noting that property to the north of the subject lot is mostly zoned for community commercial, including the adjacent property to the north. She said next door to the south there is a public zone, which is a Johnson County office, and everything further south is in the CO-1 zone, which is a "quasi -industrial" zone, and is dominated by similar vehicle repair businesses, but includes some social service uses. Walz noted that some of the social services uses in the area attract pedestrian traffic. Walz showed board members photographs of the site, noting the building was originally designed as an auto shop with tall overhead doors. She explained the applicant is only going to be renting the south portion of the building with the overhead doors, and the other part of the building will be rented out for a different purpose. She said the building has been vacant for two years, and therefore a new business is considered a "change of use" from a "vacant use." The change of use requires the property to come into compliance with all current zoning regulations. She said this is how, over time, properties come around to being in full compliance with City regulations. Walz said there are three specific standards the applicant has addressed. 1. The business is more than 100 feet from the nearest residential zone. 2. He will not be storing vehicles on the lot for me than 45 days. 3. The vehicle storage area will be screened with a solid fence. Walz said the applicant has proposed to move the fence back and run vinyl lath through the chain link. Walz said Staff believe the fence would be appropriate in this area. Walz also said S-3 landscape screening is also required outside of the fence, but the lot is currently paved over, so in order to comply, he will have to remove some of the pavement. She said the applicant is asking for the BOA to waive the S-3 requirement to the west of the site along the railroad tracks. Walz said the property owner has indicated that vegetation is difficult to grow on this portion of the property, and that the area along the railroad is has a history of vandalism and arson. The zoning code requires a five-foot setback and S-2 screening adjacent to the parking area along the south property line. Between the parking area and the public right of way the code requires a ten -foot setback and S-2 screening. Walz added that in order to come into compliance with the commercial site development standards, the applicant would have to reduce the lot's curb cuts to a maximum width of 42 feet. Currently the entire front of the lot acts as an apron. The applicant will also be required to install the north - south sidewalk across the site. Walz said there might be some complicating factors near the intersection with Kirkwood Avenue --things that were difficult to see because of the snow --such a utility box and electrical pole, but she said Staff will work with the property owner and applicant to assess where the sidewalk can be established in those areas. She added that the pavement between the sidewalk and the street would also need to be removed. Walz added that in all of the meetings for Central Planning District, participants have indicated that this neighborhood is an appropriate place to have businesses such as vehicle repair shops. She said there is an interest in keeping such businesses close to central Iowa City and not only on the outskirts of town. Walz said Staff recommends Special Exception EXC08-00001: An application 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. be approved subject to: 1. Submission of a final site plan that shows compliance with all commercial site development standards in the zoning code, including compliance with all required setbacks. 2. S-2 screening to separate parking areas, drives, and aisles from the public right- of-way and abutting property. (She said the applicant had indicated he would like to substitute a planter in one area, and she said that is an option he can work though with the building department.) 3. The applicant must also be in compliance with the five- to six-foot solid fence to screen the outdoor storage area from abutting properties to the south and west, as well as the required S-3 landscape screening outside the fence along the south property line. 4. He must also meet compliance with the access standards including 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, and compliance with the off-street parking compliance design standards. Walz said 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 ensure that all required site improvements be completed in a timely manner. Payne asked if the trees on the property will have to be removed for the sidewalk, and Walz responded that the Building Department is willing to work with the applicant on that matter. It may be possible to get an access easement across the private property to enable the sidewalk to go around the trees. Wood asked if chain link fence with lath was considered a solid fence. Walz said that it was, and given the character of the area and surrounding uses, it seemed appropriate to Staff, but the Board has discretion over the decision. Shawn Harris showed a final layout of the plan to the Board on his computer, and agreed to email a copy to Walz to have it included in the public record. Wood closed the public discussion. Motion: Thornton made a motion to approve EXC08-00001 subject to the conditions described by staff and with a performance guarantee. Leigh suggested that the motion include a waiver for the S-3 screening requirement along the railroad. Thornton agreed to amend. Payne seconded. Leigh said she thought the proposed changes met the general approval criteria, and the specific proposed exception would not be detrimental to, or endanger the public health, safety, comfort, or general welfare. She said a viable business is always more desirable than a vacant lot. Thornton added that the business is more than 100 feet from the nearest residential property, and they are not going to store vehicles for long periods of time. He also agreed the applicant will be making substantial improvements to the property. Payne added that putting plastic lath into the existing chair link fence would meet the requirement to screen vehicles from surrounding areas. She also said she believed the S-3 screening required along the south and east sides of the property will be adequate, improve the property, and provide a buffer between the street and the vehicle areas. Payne mentioned she wanted to make sure the 42 foot -wide curb cuts, as specified in the Staff report, were included on the record. Wood said he agreed the exception met both the specific and general standards. Holecek said someone would need to provide reasoning to support allowing the waiver for the S-3 screening on the west property line. Payne said due to the fact that it is difficult to grow any vegetation along the west side of the lot because of the railroad the Board would waive the landscaping requirement in that area. Leigh added that the area is prone to vandalism and S-3 screening on the west side may be detrimental to business in the area. The motion was approved 4:0. 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. Walz displayed an aerial map displaying Regina Catholic Education Center, the sports fields, and surrounding residential and commercial uses. The proposed expansion on the press box and restroom addition would be just over 600 square feet. She said it is within the height requirements for the zone. The nearest residence is about 300 feet away. Walz said Staff has received one letter, which was included for the board, from someone in the neighborhood who approved of the project, and she has also received one phone call from someone who was concerned about noise coming from the area during games. She said Staff did not think the proposed expansion would alter light or sound from the current structure's use. Given the size of the proposed addition and the location on such a large property, Staff did not believe there would be negative impacts. Walz said Staff recommends approval of a special exception to build a 42 x 15-foot extension at 2150 Rochester Ave. be approved. Wood asked about the structure's current size, and Walz said she believed it was about 300 square feet. Payne noted that if the structure were only 100 square feet smaller the applicant would not need a special exception. Wood closed the public hearing. Motion: Payne moved to approve EXC08-00004: 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. Leigh seconded. Thornton reviewed the proposal, noting the applicant had a very large campus, and the structure was well within compliance with zoning regulations, and that the expansion would improve accessibility to disabled patrons. He said the expansion would not create a negative impact on the community, nor would it be injurious to the community. He noted all utilities were already present, and that he would vote in favor of the motion. Payne said that the expansion would be consistent with the Comprehensive Plan, and she said she didn't believe it would change the livability of the area. She said she would vote in favor of the exception. Leigh agreed, saying it met both the general and specific standards. She noted that she does sympathize with people bothered by noise and lights, but she didn't think the expansion would make it any worse. Wood said he planned to vote in favor of the exception, and he did not believe the expansion would increase light or sound, saying there were only five home football games a year. He said he thought the expansion would improve the facility, but not impact the number of people on the site, or their conduct. The motion carried 4:0. EXC08-00003: Discussion of an application submitted by St. Patrick's Church for a 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. Walz presented the Staff report, told Board members the property was annexed into the city in 2007, and zoned for residential use. She said the Comprehensive Plan showed the area was originally planned as residential, and residents of the district had indicated they would like to see a traditional neighborhood with lots of interconnected streets. She said residents wanted a central square from which all neighborhoods would radiate out. The vision for the square was that it would provide a connection for people. She said a large use, such as a church, had not been originally contemplated for the site. Walz said Staff worked with the church to help it use the setting in a way that wouldn't detract from the concept for the central public square, and wouldn't disrupt pedestrian and vehicular traffic through the neighborhoods. She added that in the conditional zoning agreement it was required that the church dedicate a 60 foot right-of-way to the north of the property for a future street, as well as the two spokes coming down towards the square, and that they build a sidewalk across the property and allow a public access easement, so that when neighborhoods develop in the future, people cane easily get across the site. Walz said the zoning criteria for the special exception focus on whether the use is compatible with the surrounding residential neighborhood. The two main areas of focus are the required setbacks --what happens in those setbacks --and how vehicle traffic and parking areas are addressed on the site. These are the issues that have the most potential to detract from residential character since church buildings tend to be larger and are more intensely used and create more traffic on site. Walz noted the proposed church would be on a collector street that is wider than 28 feet wide. Walz said the proposed church differs from some previous exceptions the board has considered because the majority of the land surrounding the site hasn't been annexed into the City yet and is not developed. She said the Comprehensive Plan has addressed the area, and at least one of the general criteria asks Board to consider if establishment of the proposed exception will impede the normal and orderly development and improvement of the surrounding property. She stated that board members should think about the area's future neighborhoods even though they are not yet present. Walz explained the larger required setbacks for churches because of the structures' large size and their intense use during short bursts of time. She said the larger setbacks also allow for screening to maintain a sense of privacy for surrounding residential neighbors, and it allows the distance necessary to mitigate the change in scale between large church structures and neighboring houses. Walz said the proposed St. Patrick's Church exceeded all required setbacks, especially in the front and back of the building. Along the front the structure is set back 160 feet from the public street. She said the most unusual aspect on the site it the church's proposed 113-foot bell tower. She said church bell towers and spires are exempt from height limitations in the Code, however, the Board could consider the tower in terms of the scale of the neighborhood. She said it was Staff s opinion that the site uses distance to minimize the difference in scale. Walz said the bell tower has a setback of 160 feet to the front and more than 200 feet to the side. Walz said several of the special exception criteria focus on the parking area, including the size, design, screening, and parking location on the site. She noted that parking, and the coming and going of traffic at institutional uses, are the areas that traditionally cause the most concern for neighbors. She said there are two issues that make the parking design for the site difficult. The first is because site is fronted by streets on two sides, and the second is orientation of the church on the site. Because the church had agreed to face the public square, Walz said Staff thought it would be unreasonable to ask that all parking be to the rear, forcing patrons to walk completely around the building, more than 100 feet, to use the main entrance. To counter these issues, Walz said the church has proposed the large front setback, additional tree screening. The church has also proposed the minimum number of parking spaces allowed, 160, based upon a calculation of the square footage of the main sanctuary. The site design took the number of parking spaces and split them into two heavily screened lots which were set no further forward towards St. Patrick Drive than the front plane of the building. Walz reviewed the general standards, saying Staff did not feel the proposed church would be detrimental to the health, safety, or general welfare of the public because of the setbacks, screening, and safe ingress and egress from an appropriately sized street. She said the specific proposed exception will not be injurious to the enjoyment or use of other property in the immediate vicinity, nor will it substantially diminish or impair property values in the neighborhood. She said establishment of the proposed exception would not impede the normal and orderly development of the surrounding property for uses permitted in the zone in which the property is located, because the church had addressed cross access issues, faced the church toward the square and granted the 60-foot rights of way through the CZA. She aid adequate utilities, drainage, and access roads and other necessary facilities have been or are being provided. All water, sewer and necessary access roads are in place, and the additional access drive from the future north road will allow vehicles to leave the site through an alternative route. She said adequate measures have been or will be provided to provide ingress and egress to minimize traffic congestion on public streets. Walz said the application meets all the requirements for the RS-5 zone, and a final site plan will be subject to review by the Building Official. She concluded by saying the proposed use will be consistent with the Comprehensive Plan as amended, and it meets or exceeds all zoning requirements. Staff recommends that EXC08-00003 be approved subject to the following conditions: 1. Substantial compliance with the site plan and elevations submitted. 2. Dedication of the rights -of -way for pedestrian access easement as described in the conditional zoning agreement prior to issuance of a building permit. 3. Compliance with all other elements of the conditional zoning agreement. Payne noted the Staff report seemed to use St. Patrick Drive and Lower West Branch Road interchangeably, which is not accurate. Wood and Payne asked about the location of the bell tower, and Walz pointed out its location on a map. Thornton asked about a sports field located behind the proposed building, and Walz said it is intended as some sort of open space, but if, at some point in the future, they wanted to place a structure on it larger than 500 square feet, they would need to come before the Board again. Thornton asked about the rational for only building the minimum number of parking spaces, and Walz said the number of spaces was proposed by the church, and it was part of a set of requirements for LEED certification. She said part of LEED looks at not requiring an over -abundance of parking, which is common in institutional uses. She said the Board could request more or less spaces. Payne asked for more clarification on how the number of parking spaces is determined. Walz explained it is calculated as 1/6 of the maximum capacity of the largest meeting area of the structure, in this case, the sanctuary. Payne said she didn't think having six people in each car was realistic. Walz said the calculation takes into account that the sanctuary will rarely be at full capacity, as well as the potential that some people will walk or park on surrounding public streets. Payne said she is concerned with the minimum parking provided, and questioned if the future neighborhoods would really want people parking on the streets while at church. Walz said it is important to look at the daily use of the church —most days it is not going to be extremely busy, but occasionally there will be days with overflow. Thornton asked if there was room on the footprint of the property for more parking spaces, if needed. Walz said there would be room for a parking expansion if needed later. Dave Zahrandik, representative with Neumann Monson Architects, presented a computerized rendition of the proposed church and property to the Board. He said the bell tower was designed to help create a sense of identity and space to the church and neighborhood, and he believed it would act as a landmark and help draw people to the public square. He described how the church property was designed as a plaza outdoor space, much like old European churches. He said the plaza would be used as a gathering space, and it helped the church address the public square. He described how the grade of the property allowed the ancillary uses, such as the gymnasium, to be set into the slope, keeping their scale as secondary to the main sanctuary. Zahradnik addressed the Board's parking concerns, saying the current attendance for the church is at about 400, quite a bit less than the maximum of 955. He added that in the future, as attendance grows, there is the potential of adding additional parking and connecting the two lots via a drive so one could traverse the site without meeting a dead end at the back of the parking area. Thornton asked about disability accessibility, and Zerandic pointed out several areas around the front plaza that don't have curbs. Kevin Monson, with Neumann Monson Architects, clarified the parking issue, and said just because they are only asking for the minimum number of spaces now, they don't want to have an approval by the Board that prevents any future requests for expansion as the congregation grows. He added that a church, and it's parking, is not built for Easter Sunday, and it was not their intention to pave the site over. Greg Lacey, neighbor to the west of the site, spoke to the Board about his concerns over screening because the church would be looking down on his house. He also noted that the signs on Lower West Branch Road currently don't allow public parking. Walz said the City has indicated they would allow public parking, and presumably, when the neighboring subdivisions develop, parking will be allowed on those streets, too. Lacey asked about water draining off the church parking lots, and Walz explained the Building Department would review the final site plan to be sure that the water drains appropriately. It was her understanding the stormwater would drain to the southeast of the site. Lacey asked about noise, and Walz explained how setbacks are used, and the proposed use and the kind of noises that are anticipated. She said Staff does not expect much late night noise from a church, and noise will usually be contained to select times and days. Lacey asked if the bell tower would play music, and Walz said that the applicant had indicated that it would not play music but would ring twice a day and during some services. Lacey also asked about a fence between the two properties, and Zahradnik said there were no plans for a fence to be constructed. Lacey said he was concerned about maintenance, and ease of maintenance, so the area didn't become a weed patch. Walz said the City has a weed ordinance, and that the screening is a requirement in the code-- if the church fails to maintain the screening, the City would require the shrubs be replaced. Lacey said there was an old fence along the property line, and he was concerned about its proximity to the proposed screening hedge. Father Juarez suggested the two meet to find a common solution, possibly removing the dilapidated fence. Wood closed the public discussion. Motion: Payne moved to approve EXC08-00003, an application submitted by St. Patrick's Church for a special exception to allow construction of a church for a property in the Low Density Single Family Residential (RS-5) zone located at 4330 St. Patrick Drive, be approved subject to the following conditions: 1. Substantial compliance with the site plan and elevation submitted. 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. Leigh seconded. Leigh said she believed the general and specific standards had been met and exceeded. She said she thought the setbacks were extremely generous, the parking was adequate and gave consideration to expansion, and the required landscape screening had been provided. She added the special exception will not be detrimental or endanger the public health, safety, general comfort, welfare, nor will it be injurious to the enjoyment of other property owners in the immediate vicinity, or substantially impair or diminish property values. Leigh said she thought the church was such a lovely facility that would enhance, rather than diminish, the area. Leigh said she did not think the church would impede the normal or orderly development of surrounding properties. She noted the site has adequate ingress and egress, drainage, and utilities. She said was consistent with the Comprehensive Plan, and the she planed to vote in favor of the special exception. Payne added the site met the requirement for street access with its primary entrance. She said she was initially concerned the bell tower would be a distraction from the public square, but after Zahradnik's presentation, she felt it would serve as a landmark for the square, as well as serving as a marker for the east side of town. Payne said that while the church is going to increase traffic to the area, she does not feel it is going to increase adversely. She said noise from the bell tower at noon and 6 p.m. should not be a concern. Payne noted she felt the church was great for the area and she planned to vote in favor of the exception. Thornton said the applicant did a very good job in meeting the regulations and standards, and he agreed with his colleagues that the church would serve as a major anchor for the east side of Iowa City. He applauded the use of green space on the site, and said he planned to vote in favor. Wood said he was impressed with the ways in which the applicant met the specific and general standards. He said he liked the idea of the church plaza opening onto a public space, and that he planned to support the special exception. The motion was approved 4:0. OTHER: Holecek asked to meet with Board members after adjournment to compare calendars. Walz said she hopes to have another member for the BOA for the March meeting. She also said there was special training available in April for members of BOA through Iowa State Extension, and she would be sending out specific information about the training in the next few weeks. ADJOURNMENT: Leigh made a motion to adjourn at 6:53 p.m. The motion carried 4:0