HomeMy WebLinkAbout01-13-2010 Board of AdjustmentCITY OF IOWA CITY
IOWA CITY BOARD OF ADJUSTMENT
Wednesday, January 13, 2010
5:00 P.M.
Emma J. Harvat Hall
AGENDA &
STAFF REPORTS
CITY OF IOWA CITY
Department of Planning
& Community Development
AGENDA
IOWA CITY BOARD OF ADJUSTMENT MEETING
WEDNESDAY, JANUARY 13, 2010 - 5:00 PM
CITY HALL - EMMA J. HARVAT HALL
A. Call to Order
B. Roll Call
C. Consider the December 16, 2009 Board Minutes
D. Special Exceptions:
EXC09-00008: Discussion of an application submitted by Judy O'Donnell for a special
exception to allow a specialized education facility to operate at 415 Highland Avenue, in an
Intensive Commercial (CI-1) zone.
EXC09-00007: Discussion of an application submitted by Iowa Wireless Services, LLC for a
special exception to construct a communications transmission facility in an Interim
Development - Single Family Residential (ID-RS) zone at 3106 Rochester Avenue.
EXC09-00009: Discussion of an application submitted by Ace Auto Recyclers to amend the
requirement of a previously approved special exception for a salvage yard in the Heavy
Industrial (1-2) zone at 2752 South Riverside Drive, to allow a waiver of the solid fencing
requirements along the north, south, and east sides of the property.
E. Board of Adjustment Information
F. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING: February 10, 2010
STAFF REPORT
To: Board of Adjustment Prepared by: Sarah Walz
Item: EXC09-00008 Date: December 9, 2009
415 Highland Avenue
GENERAL INFORMATION:
Applicant: Judy O'Donnell
16 S. View Drive, NE
Iowa City, IA
319-358-6362
Property Owner: Dan and Pamela Tiedt
526 Woodridge Avenue
Iowa City, IA
Requested Action: Special Exception to allow a
specialized education facility in the
Intensive Commercial (CI-1) zone
Purpose: To establish a fencing school in the
CI-1 zone.
Location: 415 Highland Avenue
Size: . 59 acres
Existing Land Use and Zoning: Intensive Commercial (CI-1)
Surrounding Land Use and Zoning: North: Commercial (CI-1)
South: Commercial (CC-2)
East: Commercial (CI-1)
West: Commercial (CI-1)
Applicable code sections: Specific Criteria for Specialized
Educational facilities in the CI-1 zone
(14-4B-4D-11), General Criteria for
special exceptions (14-46-3).
File Date: November 12, 2009
BACKGROUND INFORMATION:
The applicant is proposing to establish a fencing school in the CI-1 zone located east of South Gilbert
Street and north of Highway 6. This facility is categorized as a specialized educational use. The City
Council recently approved an amendment to the zoning code to provide a special exception to allow
specialized educational facilities in the CI-1 zone.
The proposed use will occupy approximately 2,940 square feet of building space and will be divided
into two classroom areas. The remainder of the 9,604 building is vacant at this time. The minimum
off-street parking requirements for Specialized Educational Facilities is two spaces per classroom.
Parking is not permitted along Highland Avenue; however parking is allowed along one side of the
street on Gilbert Court. The property provides 18 parking spaces: 7 in front of the building, 9 behind
the building, and 2 spaces in the interior of the building (an interior garage). A new, second entrance
will be created at the front of the building to serve the fencing school.
The surrounding neighborhood predominantly consists of automotive and other repair and supply
uses but also includes a mix of veterinary, general office, and community service uses. The CI-1
neighborhood in which the use is proposed has direct access to two arterials —South Gilbert Street
(via Highland Avenue) and Highway 6 (via Highland Avenue and Boyrum Street). The purpose of the
CI-1 zone is to provide areas for sales and service functions and businesses whose operations may
be characterized by outdoor display and storage of merchandise or by activities and operations
conducted in buildings or structures that are not entirely enclosed. Other uses permitted in the zone
include commercial office space and indoor commercial recreational uses. Additional uses allowed
on a provisional basis or by special exception include sales -oriented retail, daycare, and community
service uses.
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
of Section 14-4B-4D-11 pertaining to the specific standards for Specialized Educational Facilities in
the Intensive Commercial zone as well as the general approval criteria for special exceptions as set
forth in Section 14-4B-3A.
Specialized Educational Facilities in the 0-1 Zone
14-4B-4D-11: The use will be functionally compatible with surrounding uses, such that the health
and safety of clients/students are not compromised. The Board will consider factors such as the
types of businesses that predominate in the immediate vicinity, whether there are any significant
negative externalities created by these uses, such as excessive noise, dust, or vibrations from
outdoor work areas that may pose a health or safety risk to clients/students of the proposed use;
and where such negative externalities exist, whether the building(s) and site can and will be
designed to mitigate the harmful effects.
The applicant has explained that a fencing facility requires a large amount of interior space to
accommodate a limited number of participants —each fencing strip is occupies an area approximately
60 x 16 feet. The applicant has also indicated that the proposed facility will be in use primarily during
evening and weekend hours, and that she does not anticipate having more than thirty people at the
site at one time. As stated above, the surrounding neighborhood is a mix of relatively low -intensity
repair and supply uses as well as veterinary, office, and community service uses with good vehicle
access to major arterial streets. Because the surrounding uses operate primarily indoors and are do
not create excessive noise, dust, or vibrations or that present other risks to the users of the
proposed fencing school, staff believes that the proposed use will be compatible.
The minimum parking standards for specialized educational facilities require 2 parking spaces
per classroom. The facility will have two classroom areas, and the applicant anticipates no more
than 30 people at the site at a given time. The site provides approximately 18 spaces. The
proposed fencing school operates primarily outside of regular business hours, and the location
on Highland Avenue has direct vehicle access to and from South Gilbert Street and good
access to Highway 6. For these reasons, staff would not expect any conflicts between the
proposed use and surrounding uses.
General Standards: 14-4113-3, Special Exception Review Requirements
1. The specific proposed exception will not be detrimental to or endanger the public health, safety,
comfort or general welfare. Staff believes that the proposed special exception satisfies this criterion
for the following reasons:
• all activities related to the fencing school occur indoors;
• other uses already established in the area are conducted primarily indoors and are relatively low -
intensity uses that do not generate excessive noise, vibrations, odors, dust, or other health
hazards;
• the proposed fencing school operates primarily outside or regular working hours and will not
generate significant amounts of traffic;
• the proposed site provides adequate parking for the use and has good access to surrounding
arterial streets, including good access to South Gilbert Street and Highway 6.
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 sited for the criterion above, and especially because the surrounding
CI-1 neighborhood consists of a mix of uses that are relatively low in intensity and operate primarily
indoors, staff believes the proposed exception for a fencing school satisfies this criterion.
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. For the all reasons sited for the criteria above, staff believes the proposed
exception will not impede the normal and orderly development and improvement of the surrounding
property for uses permitted in the zone.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided. Adequate utilities, access roads, and drainage are already in place to serve this facility.
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 proposed site plan shows two curb cuts providing
access to the parking areas in front of and behind the building. The parking areas and access points
have been reviewed by the Building Department and meet current zoning code. Highland Avenue
provides direct access to South Gilbert Street and Highway 6 (via Boyrum Street) and is adequate to
handle the limited traffic generated by the fencing school, which operates primarily on weekends and
evenings, when most other businesses in the area are closed.
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 building permit is required to establish a change
in use for this facility. The parking area was recently updated and is in compliance with current code
requirements.
7. The proposed use will be consistent with the Comprehensive Plan, as amended. The Central
District Plan calls for the neighborhood to be preserved as an Intensive Commercial zone in order to
allow quasi -industrial and repair uses close to the downtown. In Staff's opinion, the proposed use of
this property for a fencing school will not detract from this goal.
4
STAFF RECOMMENDATION:
Staff recommends that EXC09-00007, an application for specialized educational facility, to be
located in the Community Commercial (CI-1) zone at 415 Highland Avenue be approved subject to an
application for a building permit to establish the change in use and that the special exception be
limited to a fencing school.
ATTACHMENTS:
1.
Location map
2.
Site Plan
3.
Aerial view
4.
Photos
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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An aerial view of 415 Highland Avenue. Please note that this photo was taken prior to the installation of
parking area improvements. The parking area, drives, and screening are now in compliance with current zoning
code requirements.
APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE: PROPERTY PARCEL NO.
PROPERTY ADDRESS:l�
PROPERTY ZONE: G — PROPERTY LOT SIZE: c�� �•S
APPLICANT: Name: TLA-i-14. D YonnEll
Address: V �_ 1. �2.1 yo
Phone:(;�-
CONTACT PERSON: Name:
(if other than applicant)
Address:
Phone:
PROPERTY OWNER: Name: Dc o a'a pa" d<' � i ejt
(if other than applicant) _
Address:"5)� Lor,4rd , AL,c, JC �2-�%-"
Phone: N 133 7 - �,
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-walk@iowa-city.org.
Purpose for special exception: fl 0 QQ;\ 4 �e -T enci r j (Fnr(f/,
r
1 C.J c 1 e
Date of previous application or appeal filed, if any: �lZ ��� �j �Gti10, �t 6 e-,b 1 r
Judy O'Donnell
16 South View Dr., NE
Iowa City, IA 52240
November 10, 2009
To City Staff and Planning and Zoning Commission:
This application is to request a special exception to permit the Iowa City
Fencing Center to open at 415 Highland Avenue. The Center I wish to open
to teach both adults and children the Olympic sport of fencing is classified
as a Specialized Educational Facility, which requires a special exception in
a CI-1 zone. It will be the first site dedicated to the sport of fencing in the
entire state of Iowa.
A fencing school requires a large amount of interior space because of the
nature of the sport. Fencing strips are approximately 60ft long by 6 ft wide.
Additionally, about 10ft of space between the strips is necessary for the
safety of the participants. In order to have a functional school, I will need
several strips set up plus a large area to give classes. The space
requirements for this sport cannot currently be met within the allowable
zones in Iowa City at a lease price that would make it possible to run such
a business. The Iowa City Fencing Center does not need retail visibility,
and cannot afford the rent required in a retail area.
Activities at the Iowa City Fencing Center will primarily be held in the
evenings and on weekends. Classes and individual lessons will be offered
for youth, adults, and seniors. Other activities will include open practice
times and occasional competitions. Because of the large space
requirements, I do not anticipate having more than thirty people on the
premises at any one time. Many of these will come by public transportation.
If you have further questions or need more details about the nature of a
fencing school or my specific business plan, please don't hesitate to
cnntar.t mom
;r10.,
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Pin 1015454002
Deed TIEDT, DANIEL L,TIEDT, PAMELA J
Contract
Property 415 HIGHLAND AVE
Address IOWA CITY
Class COMMERCIAL.
Ara 21800-Com
Plat Map 10-15-4S
homes I P-arcel march I adv_ aid parcel search I residential sala
search I onommercial sale search
re}
Legal 15 79 6 E 135' OF W 436.1' SW SE 15-79-6 N
OF NEW HWY -
Property
Card Q ACE version PDF version
Reports
Current value as of January 01, 2009 - Taxes payable September 2010 and March 201;1
Land Value Dwelling Value Improvement Value "Total Value
178,610 0 407,070 �'686,680
Prior Year Value Information
Year
Legal 15 79 6 E 135' OF W 436.1' SW SE 15-79-6 N
OF NEW HWY -
Property
Card Q ACE version PDF version
Reports
Current value as of January 01, 2009 - Taxes payable September 2010 and March 201;1
Land Value Dwelling Value Improvement Value "Total Value
178,610 0 407,070 �'686,680
Prior Year Value Information
Year
Land Value
Dwelling Value
Improvement.Value
Total Value
2009
178,610
0
407,070
585,680
2008
178,610
0
407,070
585,680
2007
178,610
0
407,070
585,680
2006
178,610
0
408,810
587,420
2005
178,610
0
408,810
587,420
2004
178,610
0
358,490
537,100
2003
178,610
0
358,490
537,100
2002
178,610
0
338,840
517,450
2001
178,610
0
338,840
517,450
2000
178,610
0
338,840
517,450
Commercial Building
Information
Building
or Addition
Occupancy
Year Built Building/Addition Area
Building
611 Metal Retail Store - Steel Frame 1968
3,280
Addition 201 Store - Retail Small 198$ 1,848
Addition 201 Store - Retail Small 1988 1,536
Addition 201 Store - Retail Small 1998 2,940
Yard Extra Information
Description Item Count Year Built
Paving 1 1988
Paving 1 1978
Sheds 1 1990
Land Information
Lot Basis Square Feet Acres
Sq. Ft. x Rate 25,515 0.59
Sale Information
Sale Date Amount NUTC Recording
8/26/1988 160,000 049 Unuseable Sale - Other 1024-26
Building Permit Information
Date Number Amount Reason
8/6/1998 BLD98-0485 0 Addition
Sketch
24 ADON2
64
98
ADDN3
129401
77 ADDN I Bum 1 82
132801
30 1 24
L
40
4
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Related Information Links
Tax information Maps
Assessor Reports
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D. General Approval Criteria:
The Iowa City Fencing Center (ICFC) will provide instruction in the sport
of fencing. Activities will be conducted indoors, and will follow the safety
guidelines set by the United States Fencing Association. Nothing will be
detrimental to or endanger the public health, safety, comfort, or general
welfare.
The activities of the Iowa City Fencing Center will not interfere with
neighboring properties. Most activities will be held in the evenings and
weekends when other businesses in the area are closed. The presence of
a fencing school will not diminish neighborhood property values.
The establishment of the Iowa City Fencing Center will not impede the
normal and orderly development and improvement of surrounding property
for uses permitted in the district. The ICFC will be located in a currently
vacant building situated between a car repair business and a store that
sells car parts. Across the street is a veterinary clinic. Behind the property
is Highway 6. The property surrounding the proposed Iowa City Fencing
Center is already fully developed. No activities of the ICFC will interfere
with surrounding properties.
The Iowa City Fencing Center will require no additional utilities, roads, or
drainage. The property is bounded by Highway 6 on the south so
infrastructure for traffic seems more than adequate. Many students will
arrive via public bus. Occupancy at the site is expected to be no more than
thirty people at one time, so traffic should not be an issue.
The parking area in front of the building has a pull -through entrance/exit,
which will be ideal for parents dropping off children. No one will have to
stop on the street itself, and will therefore not interfere with traffic.
Adequate additional parking is available in the rear of the building.
The Iowa City Fencing Center will conform to the applicable regulations or
standards of the CI-1 zone, excepting only that it is a Specialized
Educational Facility. All requirements, including ADA accessibility, will be
met.
The proposed use for 415 Highland Avenue will be consistent with the
Comprehensive Plan of the City. Indoor Commercial Recreational Uses are - v-
permitted in CI-1 zones. The difference between the Iowa City Fencing
Center and Indoor Commercial Recreational Use is simply the emphasis on
instruction in a single sport, making it fall into the Specialized Educational
Facilities category.
STAFF REPORT
To: ,Board of Adjustment
Item: EXC09-00007
3106 Rochester Avenue
GENERAL INFORMATION:
Applicant:
Prepared by: Sarah Walz
Date: January 13, 2009
Iowa Wireless Services, LLC
4135 NW Urbandale Ave.
Urbandale, IA 50322
515-258-7507
Contact: Pete McNally
The Grinnell Group
225 42^d Street
Des Moines, IA 50312
515-279-1026
Property Owner:
Requested Action:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable code sections:
Harvest Farm & Preserve, LLC
P.O. Box 2443
Iowa City, IA 52244-2443
319-337-4883
Special Exception to allow location of a
communications transmission facility in the
ID-RS zone.
3106 Rochester Avenue
12.5 acres
Undeveloped (ID-RS)
North: Undeveloped (ID-RS)
South: Undeveloped (RS-5)
East: Undeveloped (ID-RS)
West: Undeveloped (ID-RS)
Specific criteria related to the location of
communication transmission facilities in the ID-RS
and ID-RM zones (14-4B-4E-4b); general criteria for
special exceptions (14-4B-3A).
File Date: November 12, 2009
BACKGROUND INFORMATION:
The applicant proposes to construct an 80-foot monopole cell tower at 3106 Rochester Avenue. The
tower would be located approximately 80 feet to the east of the established house, within a grove of
mature trees, and set back more than 100 feet from the Rochester Avenue right-of-way. The
proposed site is situated at an elevation of approximately 800 feet and is intended to provide
improved I -Wireless coverage for neighborhoods located west and south of Scott Boulevard, east of
First Avenue, and north of Court Street —the Bluffwood and Washington Hills neighborhoods.
The cell tower site is zoned ID-RS (Interim Development -Single Family) and, save for the
neighborhood located directly to the southeast, is surrounded by large tracts of undeveloped
property. The area to the north of Rochester Avenue is characterized by rolling topography, with
developed neighborhoods intersected by wooded ravines and undeveloped land. Most of the land
south of Rochester Avenue is developed for residential uses, however approximately 30 acres zoned
for single-family residential development (RS-5), is currently undeveloped and in agricultural use.
Following Iowa City's Good Neighbor Policy, the applicant hosted an open house on December 21 to
allow neighbors to see the proposed plan for the cell tower and to provide feedback. Property owners
within 300 feet of the subject property were invited to attend this open house.
In December 2009, the Iowa City zoning code was amended to allow cell towers to locate in the ID -
IRS zone by special exception. New criteria that apply to this application are listed in bold in the
analysis section below.
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
of Section 14-4B-4E-4b pertaining to the specific standards for Communications Transmission
Facilities in the ID-RS zone as well as the general approval criteria for special exceptions as set forth
in Section 14-4B-3A.
1. The proposed tower serves an area that cannot be served by an existing tower or industrial
property or by locating antennae on existing structures in the area. The applicant must document
attempts to utilize existing structures, towers, and commercial and industrial properties within one-
half mile of the proposed tower. Such documentation must include maps illustrating the location of
existing towers and potential alternative sites for antenna and towers that have been explored by the
applicant and the applicant must state the reasons that these locations were not feasible.
There are no existing towers within a half mile of the proposed site to provide opportunities for co -
location and no properties in the vicinity that are zoned Industrial. A large tower located at 4670
Rochester (east of First Avenue, and north of Rochester Blvd.) is more than one half mile from the
site. The application materials submitted by Mr. McNally provide a summary of his attempts to
locate a tower or antenna site to serve the coverage area, including the following locations.
Commercial area at the corner of Scott Boulevard and Rochester Avenue (Olde Towne Village).
This area is limited to one and two story buildings. The applicant investigated mounting antennas
on an office building at 637 Westbury Drive; his proposal was denied by the covenant control
board for the development, and the developer is unwilling to lease commercial space for a
freestanding tower.
Commercial area at the corner of Rochester and First Avenues. The site is too far removed from
the coverage area and the existing buildings are not of sufficient height to provide coverage by
mounting antennas to the existing structures. Commercial lots at this location are fairly small, and
thus the minimum setback requirements, which are equal to the height of the tower, would limit a
stand-alone tower to 40 feet in height. The applicant has indicated that this would be insufficient
to provide the service needed.
3100 East Washington Street, Lemme Elementary School. A free-standing tower could be
considered at this site, which is zoned Public. The elevation is ten to twenty feet lower in elevation
than the proposed site. This site does not have the same level of natural tree screening as the
proposed site and is located within an established residential neighborhood.
3661 Rochester Avenue, the nursing home property located just east of Olde Towne Village along
Rochester Avenue. This location would not provide the service needed because it is too far from
the coverage area.
2701 Rochester Avenue. the First Presbyterian church. This site would be limited to two antennas
only —the applicant has indicated that they would need a minimum of three antennas. The height
of the structure is not adequate to provide service to the coverage area.
2. The proposed tower will be designed and constructed in a manner that will camouflage the
structure and reduce its visual impact on the surrounding area. Examples of camouflage design
include monopoles, which do not have guy wires or support trusses and that are painted to blend in
with the sky or surroundings, towers camouflaged as flag poles, monuments, steeples, or the
integration of rooftop towers onto existing buildings, water towers, etc. Rooftop towers must use
materials similar to or that blend in with the structure to which it is attached. Other camouflaged
tower structures must be of similar height and appearance as other similar structures allowed in the
zone, e.g. towers camouflaged as light poles or utility poles must be of similar height and
appearance as other such poles. The applicant must include an illustration of how the tower would
appear in the proposed location.
The proposed monopole cell tower does not have trusses, guy wires, or lighting of any kind. The
proposed tower would have antennas mounted flush to the pole —antennas are not on the interior
of the pole. The applicant has indicated that having the antennas on the outside of the pole
allows them the maximum coverage at this site. According to the applicant, this design is easier to
maintain —towers with antennas located inside the pole require a crane to access antennas for
repairs or to install the antennas of co -locating carriers. The site plan and elevations are attached
as Exhibit 4.
The applicant has provided photo simulations of the tower from surrounding property and from
the Rochester Avenue right-of-way (Exhibit 3, attached). The applicant has also provided a photo
showing an example of a monopole with flush mounted antennas.
3. The proposed tower will be no taller than is necessary to provide the service intended. Evidence
presented should include coverage maps illustrating current gaps in coverage and changes to
coverage with the proposed tower. Communications towers are exempt from the maximum height
standards of the base zone, but under no circumstance may the tower be taller than 120 feet from
grade. If a communications tower is camouflaged to appear similar to another common structure
allowed in the zone, it must comply with the same height standards that would apply to the type of
structure that it emulates. For example, if the tower is camouflaged as a light pole, flag pole, or
utility pole it must not exceed the height limitation for such structures as specified in the base zone.
If no height standard exists in the code for such a structure, it must be designed to be of similar
height and appearance to other similar or typical structures. If the tower is camouflaged as a
chimney, steeple, or other similar rooftop structure, the Board may exempt it from the base zone
height standards if it is designed as if it were an integral part of the building and is not out of scale or
proportion to other similar rooftop structures.
The applicant has provided maps illustrating the level of improved coverage with the tower at 70
feet and 80 feet in height (Exhibit 5, attached). The map illustrating the anticipated coverage
achieved at 80 feet shows significant improvement for neighborhoods to the west of the site.
4. The proposed tower will be set back from the property line at least a distance equal to the height
of the tower.
The site plan shows the pole set back approximately 110 feet from the Rochester Avenue right-of-
way, the nearest property line.
5. Any equipment associated with the tower facility will be enclosed in an equipment shed, cabinet,
or building, which must be adequately screened from view of the public right-of-way and adjacent
properties and designed in a manner that will be compatible and blend in with future residential
development.
The equipment for the cell tower will be stored within a cabinet and will be effectively screened by
the existing tree cover.
6. The proposed tower will not utilize a back-up generator as a principal power source. Back-up
generators may only be used in the event of a power outage. The Board of Adjustment may require
that the electric distribution line necessary to furnish electric service to the tower be made
underground from existing systems, however, this requirement would not apply to electrical
transformers, meter pedestal, switch gear and other appurtenances impractical to bury.
The facility will not rely on a generator as a principle power source. A generator will be used only
as back-up in the event of a power outage. Staff recommends that the power lines to the cell
tower facility be buried underground in order for the site to appear as unobtrusive as possible and
to better blend into the neighborhood if residential development should occur in the future.
7. Strobe lighting is prohibited. Therefore, any tower that requires such illumination is prohibited in
these zones.
The monopole structure will not include lighting of any kind, including strobe lighting.
8. The proposed tower must be designed and constructed to accommodate at least one additional
user, unless in doing so the tower will exceed the 120 foot height limitation or if the Board of
Adjustment determines that allowing the additional height needed to accommodate another user will
detract from the area to the extent that it will prevent future development as envisioned in the
Comprehensive Plan. The applicant shall provide a certification by a professional engineer licensed
in this state that the proposed tower will be designed to permit a second antenna system of
comparable size to be added to the tower above or immediately below the original antenna system.
The applicant has indicated that the facility could accommodate an additional set of antenna of
comparable size immediately below the applicant's antennas —at approximately what height. The
applicant has requested that certification from an engineer be a condition of approval. Staff
recommends that a condition be placed on approval of this application requiring the applicant to
provide the required certification at the time the building permit application is submitted.
The applicant has shown significantly diminished coverage at 70 feet, which makes unlikely that
another carrier would wish to co -locate at a lower height. The zoning code allows towers up to
120 feet. The proposed tower is set back just 110 feet from the property line, so at this location,
the maximum height would be 110 feet.
The applicant has informed staff that I -Wireless would need no more than 20 feet of pole space
for its antennas and to provide space for separation from a co -locating carrier. Thus, at 100 feet
in height the pole could accommodate one additional carrier.
Staff recommends that the Board consider allowing a tower of 100 feet in order to provide more
viable opportunity for co -location.
9. If use of the tower is discontinued, the tower and any associated equipment must be removed by
the owner of the tower, the operator, or the owner of the property within one year of discontinuance
of use and the land graded and re -planted to prevent erosion. The applicant shall present a signed
lease agreement, a recorded declaration of covenants, or other satisfactory evidence acknowledging
this obligation.
The applicant has provided an affidavit showing the provisions of the lease require removal of the
tower and associated equipment within 90 days of the termination of the lease (see application
materials).
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 cell tower is set back more than 100 feet from the Rochester Avenue right-of-way.
As part of the building permit process, the applicant must provide a construction information to
show that the proposed tower is structurally sound. The facility will not rely on a back-up
generator but will have power from the local electrical utility. For these reasons, staff believes that
the proposed special exception will not be 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.
In addition to the reasons listed above, Staff believes the proposed facility satisfies this criterion
for the following reasons:
■ The tower is designed to be inconspicuous —there is no lighting associated with the tower, nor
does the tower rely on trusses or guy wires, and antennas are flush mounted to the pole;
■ The existing woodland will effectively screen the equipment associated with the facility;
■ The facility does not rely on a generator as its principle power source;
■ The tower will improve cell coverage for the surrounding neighborhoods and, if allowed to
extend up to 100 feet will provide co -location opportunity for another carrier.
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.
As described above, the proposed cell tower is designed to be inconspicuous and is screened by
an established grove of trees. It will not generate traffic, noise, or glare. It will improve cell phone
and wireless reception in the surrounding neighborhoods, and, at 100 feet in height, would allow
opportunity for co -location by other carriers. For these reasons, staff believes it will not impede
the normal and orderly development and improvement for uses permitted in the in which it is
located.
The property on which the proposed tower is located as well as the abutting properties are zoned ID-
RS. Undeveloped property located south of Rochester Avenue is zoned RS-5. Planning and Zoning
Commission review and City Council approval of any rezoning and/or subdivision plat will be
required if these properties are developed in the future. Through that process the City will be able
to consider the location of the tower within the design of the overall residential development. It may
be possible for the tower to be incorporated within an open space reservation if the property
surrounding it is developed.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided.
All adequate utilities, access roads, drainage and other facilities are already available to this
property.
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 site plan for the tower site shows an improved driveway access to the cell tower. The tower
will not generate significant additional traffic to the site, except for routine maintenance.
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.
As part of the building permit process, the proposed site plan and tower will be reviewed by the
building department to ensure that all other requirements of the zoning code are met.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
The Northeast District Plan calls for preservation of open space and shows limited residential
development in this area due to its steep topography and other sensitive, natural features. While
the Comprehensive Plan does call for "maintain[ing] the integrity of scenic and historic vistas" by
promoting unobtrusive lighting and signs, it makes no mention of cell towers or other similar
structures. Despite this omission, it seems appropriate that the board give some consideration to
the high value placed on the natural character of this portion of the district. Staff believes that the
proposed cell tower balances the practical need for coverage with the strong desire to protect the
natural beauty of the area in the following ways:
■ The tower is designed to be unobtrusive —no guy wires, trusses, or lighting —with flush -
mounted antennas.
■ At 80 feet, the proposed tower is the minimum height necessary to provide the good
indoor and outdoor coverage for the area. At 100 feet the tower would be of a
minimum height to provide service to one additional carrier, and thus may reduce the
need for an additional tower in this neighborhood.
The location of the tower within a grove of mature trees and a requirement that
electrical distribution lines to the facility be buried will minimize the visual impact of
the facility.
7
STAFF RECOMMENDATION:
Staff recommends that EXC09-00007, an application for a Communications Transmission Facility in
the Interim Development Single -Family (ID-RS zone) at 3106 Rochester Avenue be approved subject
to the following conditions:
The monopole tower be constructed to a height of 100 feet to allow potential co -location;
No lighting of any kind is permitted on the cell tower;
Electrical distribution lines serving the facility must be buried underground;
• Substantial compliance with the site plan and elevations submitted as part of this
application.
ATTACHMENTS:
1. Location map
2. Aerial views of the site
3. Photo simulations of the proposed tower and site
4. Proposed site plan and elevations
5. Coverage map
6. Application materials
Approved by:
��
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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tx�idt 5: Coverage maps
452
Iowa Wireless Services
Special Exception
3106 Rocnester
Without Proposed site
RED: Strongest signal: reliable, consistent indoor coverage.
ORANGE: Moderate signal
GREEN: Weak signal.
WHITE: Weakest signal.
Exhibit 5: Coverage maps
Iowa Wireless Services
Special Exception
3106 Rochester
With Proposed site
RED: Strongest signal: reliable, consistent indoor coverage.
ORANGE: Moderate signal
GREEN: Weak signal.
WHITE: Weakest signal.
Exhibit 5 : Coverage maps
Iowa Wireless Services
Special Exception
3106 Rochester
With Proposed site 10 feet lower
RED: Strongest signal: reliable, consistent indoor coverage.
ORANGE: Moderate signal
GREEN: Weak signal.
WHITE: Weakest signal.
Exhibit 5: Coverage maps
Iowa Wireless Services
Special Exception
3106 Rochester
With Proposed site — Close-up
�ia
RED: Strongest signal: reliable, consistent indoor coverage.
ORANGE: Moderate signal
GREENI. Weak signal.
WHITE: Weakest signal.
Exhibit 5: Coverage maps
Iowa Wireless Services
Special Exception
3106 Rochester
With Proposed site 1W lower — +Closeup
13
TheGrinnellGroup
Real Estate Development Solutions
•� 1 � � k
►yi1 is ?7
November 10, 2009
City of Iowa City Board of Adjustment
c/o Sarah Walz
Planning & Community Development
410 E Washington Street
Iowa City, IA 52240
Dear Members of the Board of Adjustment:
On behalf of my client, Iowa Wireless Services, LLC, please accept the enclosed application for a
Special Exception Use Permit to allow a Communication Transmission Facility at 3106 Rochester
Avenue. The proposed communications tower would be an 80' monopole. I've also enclosed a
legal description, construction drawings, a narrative describing how the facility complies with the
City's zoning regulations, an affidavit re tower removal, a map listing owner and land use of
adjacent parcels, a map and listing of property owners within 300' from the County Assessor's
office, and a check in the amount of $375 to cover the filing fee.
Iowa Wireless Services is an Iowa -based company providing advanced cell phone service
throughout the state including the City of Iowa City. The proposed tower is intended to improve
coverage in an area of Iowa City where Iowa Wireless Services experiences a significant level of
customer complaints about inadequate service. The proposed tower will meet that demand by
providing wireless phone service to the residents in the immediate area.
Iowa Wireless Services has worked with the City staff over several months to evaluate and
consider alternative locations. However, as outlined in the narrative, there are no existing
structures, commercial property, or industrial property which can serve the intended area.
While the site will provide high quality wireless service to the surrounding residents, it will have
minimal impact due to its passive nature and careful site selection and design. It generates no
smoke, odor or vibration and the noise will be less than that of a residential air conditioning unit.
As the tower is less than 200' in height and not in close proximity to an airport, the FAA will not
require lighting. As an unmanned facility, the site generates negligible traffic as it is typically
visited just once a month upon completion of construction. The tower's location nestled into a
thick grove of trees on a 12 '/2 acre parcel will minimize any visual or other impact.
I trust you will find that the proposed application meets all of Iowa City's standards and
respectfully request your approval. Thank you for your thoughtful consideration.
Sincerely,
') w�
Peter McNall
225 42nd Street
Des Moines, IA 50312
515.279.1026
515.279.1027 fax
2020 West Crystal Peak
Highlands Ranch, CO 80129
303.683.7780
303.683.7850fax
www.grinneilgroup.com
Ekc 09 - 00a07
APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE: November 10, 2009 PROPERTY PARCEL NO.
PROPERTY ADDRESS: 3106 Rochester Avenue
PROPERTY ZONE: ID-RS
1012126002
PROPERTY LOT SIZE: 12.5 acres
APPLICANT: Name: Iowa Wireless Services, LLC
Address: 4135 NW Urbandale Ave, Urbandale, IA 50322
Phone: (515) 258-7507
CONTACT PERSON:
Name: Pete McNally, The Grinnell Group
(if other than applicant)
Address: 225 42nd Street, Des Moines, IA 50312
Phone: (515) 279-1026
PROPERTY OWNER:
Name: Harvest Farm & Preserve, LLC
(if other than applicant)
Address: PO Box 2443, Iowa City, IA 52244-2443
Phone: (319) 337-4883
�i
w
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.
Purpose for special exception: To permit a communications transmission facility
Date of previous application or appeal filed, if any: None
APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
By: Iowa Wireless Services, Inc.
At: 3106 Rochester Avenue -•
For: Communications Transmission Facility
rri
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Narrative Regarding Approval Criteria
The following is a point by point response to the special exception criteria for Communication
Transmission Facilities in ID-RS zones as set forth in paragraphs 14-4B-4E-4b of the Iowa City zoning
ordinance.
(1) The proposed tower serves an area that cannot be served by an existing tower, commercial
property, or industrial property or by locating antennas on existing structures in the area. The
applicant must document attempts to utilize existing structures, towers, and commercial and
industrial properties within one-half mile of the proposed tower. Such documentation must include
maps illustrating existing towers and potential alternative sites for antenna and towers that have
been explored by the applicant and the applicant must state the reasons that these locations were
not feasible.
The area designed to be served by the proposed facility is the residential areas to the west,
south, and east of the proposed facility (the "coverage objective.") Prior to submitting this
application, the applicant worked extensively with the City staff and nearby owners to find a
suitable alternative as defined above. However, there are no towers within one-half mile, no
existing structures of suitable height within % mile, nor any viable commercial or industrial
properties within adequate proximity to the coverage objective. The following is a summary of
the alternative locations considered.
The only existing structure more than two stories in height and within %2 mile of the proposed
site is the new office building located at 673 Westbury Drive and owned by Hoover Heights
Investors. While this site would not cover the entire intended coverage objective due to its low
height and distance from the cover objective, Iowa Wireless was willing to accept some loss of
service in order to comply with the City's preference to co -locate. Unfortunately, the covenant
control board for the development denied the request to add antennas to the rooftop.
The only other commercially zoned or industrially zoned property within % mile of the proposed
site is the same commercial development as the office building referenced above. All the other
buildings are single story and too short. In discussions with the covenant control board, it was
clear that any other type of facility, such as a new pole elsewhere in the development, would be
denied as well. The developer was also unwilling to lease any ground as the developed sites do
not have room for a freestanding facility and they wanted the undeveloped sites to remain
unencumbered to maximize their development potential. Based upon their size and current
concept for future development, the undeveloped sites are not likely to have adequate space
for a freestanding tower in the future either.
Locating the facility further east at the nursing home would have resulted in too great of a loss
of service due to its distance from the coverage objective.
Iowa Wireless Services also considered the First Presbyterian Church located at 2701 Rochester
Avenue. However, the City's code precludes new towers, limiting antenna facilities on such
properties to no more than 2 antennas attached to the existing structure. Iowa Wireless' typical
installation is 6 antennas but can get by with 3 in certain circumstances. Two is not sufficient for
the system to operate properly. Additionally, the existing building is too short to provide
adequate service to the coverage objective.
Iowa Wireless Services also considered a freestanding facility at Lemme Elementary School
located at 3100 E Washington Street. However, this site is located at a much lower elevation
and would not be able to provide adequate service. Additionally, it is much closer to more
residential homes, has a large number of daily visitors, and is without the benefit of the
screening the existing tree groves provide at the proposed site.
Iowa Wireless Services also considered the commercial area located on the south side of
Rochester Avenue further west at its intersection with First Avenue, even though it is more than
mile from the proposed site. The buildings are single story and too short to even clear the
surrounding trees. City required setbacks for new towers would limit a new tower at most sites
to only 40'; again too short to provide adequate coverage. Moreover, this area is too far from
the coverage objective to effectively provide coverage. In fact, it is closer to a site Iowa Wireless
is developing at City High in conjunction with Iowa City Community School District than it is the
proposed site.
(2) The proposed tower will be constructed in a manner that will camouflage the structure and reduce
its visual impact on the surrounding area. Examples of camouflage design include monopoles, which
do not have guy wires or support trusses and that are painted to blend in with the sky or
surroundings, towers camouflaged as flagpoles, monuments, steeples, or the integration of rooftop
towers onto existing buildings, water towers, etc. Rooftop towers must use materials similar to or
that blend in with the structure to which it is attached. Other camouflaged tower structures must
be of similar height and appearance as other similar structures allowed in the zone, e.g., tower
camouflaged as light poles or utility poles must be of similar height and appearance as other such
poles. The applicant must include an illustration of how the tower would appear in the proposed
location.
The proposed tower is a monopole, the first listed example of a camouflaged structure. Sheet
A3 of the construction plans include an elevation drawing of the proposed site.
(3) The proposed tower will be no taller than is necessary to provide the service intended. Evidence
presented should include coverage maps illustrating current gaps in coverage and changes to
coverage with the proposed tower. Communications towers are exempt from the maximum height
standards of the base zone, but under no circumstance may the tower be taller than one hundred
twenty feet (120') from grade. If a communications tower is camouflaged to appear similar to
another common structure allowed in the zone, it must comply with the same height standards that
would apply to the type of structure that it emulates. For example, if the tower is camouflaged as a
light pole, flag pole, or utility pole it must not exceed the height limitation for such structures as
specified in the base zone. If no height standard exists in the code for such a structure, it must be
designed to be of similar height and appearance to other similar of typical structures. If the tower is
camouflaged as a chimney, steeple, or other similar rooftop structure, the Board may exempt it
from the base zone height standards if it is designed as if it were an integral part of the building and
is not out of scale or proportion to other similar rooftop structures.
The proposed tower is the minimum height necessary to provide adequate service to the
surrounding residences. Attached are 3 maps.
The first illustrates the existing coverage. As you can see from the large amounts of green, the
current sites do not provide adequate coverage to the surrounding area.
The second map shows the predicted coverage at the proposed location at the proposed height.
As you can see, most of the area is now shown in dark red, reflecting a high level of service and
the balance is covered in a tannish pink reflecting an adequate level of service.
The third map shows the predicted coverage from the proposed location but at a height just 10'
lower or 70'. As you can see, large amount areas of green, or inadequate service, remain.
Additionally, continued growth of the surrounding trees would likely impair service as well.
(4) The proposed tower will be set back at least a distance equal to the height of the tower from any
residential dwelling existing at the time of the special exception application.
The proposed 80' tower will be setback a minimum of 80' for the nearest existing structure as
shown on pageC1 of the construction plans.
(5) Any equipment associated with the tower facility must be enclosed in an equipment shed, cabinet, or
building, which must be adequately screened from view of the public right of way and adjacent
properties and designed in a manner that will be compatible and blend in with future residential
development.
The proposed equipment shall be enclosed in a cabinet as required. Further, it is within a.thick 'r
grove of trees, effectively screening it from the public right-of-way and adjacent properties—
(6) The proposed tower will not utilize a backup generator as a principal power source. Backup _
generators may only be used in the event of a power outage. W
"_J
The facility will utilize electricity from the local service provider. Generators will only be used as
a back-up in the event of a power outage
(7) Strobe lighting is prohibited. Therefore, any tower that requires such illumination is prohibited in
these zones.
The facility will not include any strobe lighting.
(8) The proposed tower may be designed and constructed to accommodate at least one additional user,
unless in doing so the tower will exceed the 120 foot height limitation or if the Board of Adjustment
determines that allowing the additional height needed to accommodate another user will detract
from the area to the extent that it will prevent future development as envisioned in the
comprehensive plan. The applicant shall provide a certification by a professional engineer licensed
in this state that the proposed tower will be designed to permit a second antenna system of
comparable size to be added to the tower above or immediately below the original antenna system.
The facility will be designed to accommodate a second set of antennas system of comparable
size immediately below the original antenna system. The tower manufacture, Sabre Towers, will
provide a certification by a professional engineer licensed in Iowa so stating. However, Sabre
will not provide the certification until the tower is order as each tower is individually designed.
It is not prudent to order a custom tower prior to obtaining zoning approval. The applicant
respectfully requests that the provision of such a certification prior to the issuance of a building
permit be a condition of its approval.
(9) If use of the tower is discontinued, the tower and any associated equipment must be removed by the
owner of the tower, the operator, or the owner of the property within one year of discontinuance of
use and the land graded and replanted to prevent erosion. The applicant shall present a signed
lease agreement, a recorded declaration of covenants, or other satisfactory evidence acknowledging
this obligation.
See attached affidavit by Peter McNally regarding removal provisions of the lease.
A
AFFIDAVIT OF PETER McNALLY
COUNTY OFD) �— )
ss.
STATE OF IOWA )
I, Peter McNally, being first duly sworn, state:
1. I am employed by The Grinnell Group, which represents Iowa Wireless
Services, LLC ("IWS").
2. Based on my experience in working with IWS, I am familiar with the Site
Lease with Option between IWS and Harvest Farm & Preserve, LLC for property located at
3106 Rochester Avenue, Iowa City, Iowa for the purpose of constructing, using, and
maintaining a communications transmission facility ("Lease.")
3. Paragraph 2.F.(i) of the Lease contains the following provision: "Tenant shall
remove the Antenna Facilities within 90 days of the termination of this Lease."
4. Said paragraph also defines Antenna Facilities as "improvements, personal
property and facilities necessary to operate its system, including without limitation radio
transmitting and receiving antennas, and tower and bases, an electronic equipment shelter,
and related cables and utility lines (collectively the "Antenna Facilities").
A
Peter
Subscribed and sworn to before me this ( day of November, 2009, by Peter McNally.
Witness my hand and official seal.
Notary Public
My commission expires: /0/111
NNIS FtC
COMMISSION NO.7sp
BONA W
-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.
The propose facility will not be detrimental to or endanger the public health, safety, comfort or general welfare.
The facility will not be lit, will generate no smoke or vibration,will generate no more noise than a residential
grade air-conditioning unit, and will generate typically one to two traffic trips per month once construction
is completed. By improving communications in the surrounding area, including emergency communications,
the facility will be beneficial to the public health, safety, comfort, and general welfare.
2. The specific proposed exception will not be injurious to the use and
enjoyment of other property in the immediate vicinity and will not
substantially diminish and impair property values in the neighborhood.
The proposed facility 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 neighborhooc.L The proppsed
facility be located between two groves of trees on a large 12 acre parcel providing adequate 'buffering and
screening from surrounding properties. The facility will be further buffered by adjoining undeveloped tarcels
to the southwest, west, north and east.
r. a
3. Establishment of the specific proposed exception will not impede'fhe norrmal
and orderly development and improvement of the surrounding property for
uses permitted in the district in which such property is located.
The proposed facility 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. As noted above,
the facility will not have any off -site impacts. The location on the site has been selected to allow the
preservation of the surrounding groves of trees and not impact any future development potential.
4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
The facility only requires telephone line and power, both of which are available in the adjoining public right
of way. The facility typically generates only one or two trips per month once construction is complete and
will utilize the existing driveway serving the parcel. The facility will enhance the utilities in the area.
Currently, approximately 35% of homes in the US rely coley upon cell phones for telephone service. This facility
is designed to meet that demand in the surrounding neighborhoods.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
As noted, the facility typically generates only one or two trips per month once construction is complete and
will utilize the existing driveway serving the parcel. As such, it will have no measurable impact on 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 14-413 as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K)J
The proposed facility meets all use and bulk requirements for the Interim Development district..
7. The proposed use will be consistent with the Comprehensive Plan of the
City.
The subject site is designated for future development including infrastructure necessary to serve that
development. The proposed facility is an important part of the infrastructure needed for existing and
future development in the area.
-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
Richard D. Kron
517 Amhurst, I.C., IA 52246
Tomas C and Susan F. Thrums
529 Amhurst, I.C., IA 52245
Phillip S. & Dixie J. Ecklund
550 Amhurst, I.C., IA 52245
Steve Robert & M. Jeanne Bock
505 Amhurst, I.C., IA 52245
Danny K & Diana L. Sellers
538 Amhurst, I.C., IA 52245
Robert W. Stevens, Jr.
2510 Aaron Dr, SE, I.C., IA 52240
Dennis Edward & Barabara Jo Doherty
541 Amhurst, I.C., IA 52245
Robert W. & Dorothy L. Stevens
2949 Rochester Ave, I.C., IA 522454
13
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 Clerk.
Date: A�J 201�q%
Date: f%yt 7 , 20ef(
ppdadmin\application-boase.doc
Signa re(s) of Property Owner(s)
if Different than Applicant(s)
Example of a monopole tower with flush mounted antennas.
STAFF REPORT
To: Board of Adjustment
Item: EXC09-00009
Ace Auto Recyclers
GENERAL INFORMATION:
Applicant:
Contact:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable code sections:
Prepared by: Sarah Walz
Date: January 13, 2010
Ace Auto Recyclers, Inc.
2752 Riverside Drive
Iowa City, IA
Don Hilsman
319-338-7828
Special Exception to waive the requirement
for solid fencing surrounding portions of a
salvage yard.
To allow the salvage yard to use no -solid
fencing in areas that are not visible from the
street right-of-way.
2752 Riverside Drive
11.36 acres
Heavy Industrial (1-2)
North: General Industrial (11) Salvage Yard
South: General Industrial (11) Undeveloped
East: Public (P-1) former landfill /Mesquaki
Park
West: General Industrial (11)
14-2D-2, Principal land uses allowed in the
12 zone; 14-4B-4C-5, Specific approval
criteria for salvage operations in the 12 zone;
14-413-3A, general approval criteria for
special exceptions
File Date: November 25, 2009
BACKGROUND INFORMATION:
In 1974, upon the request of the property owners at that time, the City annexed this property as part
of an approximately 45-acre annexation. At that time, and before any salvage yard was established in
the area, the owners of what are now the Ace salvage yard and the adjacent salvage yard to the north
(Russell) entered into Conditional Zoning Agreements (CZA) specifying conditions pertaining to the
operation of a salvage yard. The intent and the requirements of the CZA were to ensure that:
1. the salvage yard would be located at least 300 feet east of old Highway 218 (Riverside
Drive);
2. there would be a berm and landscaping to screen views of the property from the highway and
the Iowa River;
3. the auto recycling operation would consist of only temporary storage of automobiles awaiting
crushing and crushed automobiles and equipment related to the crushing operation; and
4. the area used for automobile salvage would not exceed 5 acres.
Though the CZA was recorded as a covenant running with the land so that it applied to the owners
who agreed to it as well as any future owners, both properties were non -compliant. The salvage yards
(Russell and Ace) were expanded beyond the 5-acre areas agreed to by the City and the property
owners, and the Ace site grew to cover approximately 10 acres. The required berms and landscaping
were not put in place or were removed.
In 2005 the current operator, Ace Auto Recyclers, requested and was granted a rezoning of his
property from General Industrial (11) to Heavy Industrial (12) to allow expansion of the salvage yard,
including the construction of a new office/warehouse building. As part of the rezoning request, the
applicant proposed a number of improvements to the property including a plan for landscape
screening and fencing that would bring the property into general compliance with the prior CZA as
well as requirements of the current zoning code. The rezoning from 11 to 12 was approved subject to
the installation of landscape and fence improvements as specified in the site plan (see attached).
In order to meet the conditions of the original CZA, the applicant removed salvage materials from
property located within 300 feet of South Riverside Drive, with the exception of a warehouse used for
disassembling the cars, which is approximately 250 feet from the property line.
In 2006, the applicant requested and was granted a special exception to legitimize the established
salvage yard in the 12 zone and to allow its expansion. As with the rezoning approval, the Board's
decision included a condition requiring the applicant to "install all landscaping and screening
improvements as specified in the approved site plan" (see attached decision). The applicant had
specified in his application that the "proposed fencing" referred to on the site plan would be 8-foot
solid fencing. In addition to the required screening, the applicant was required to maintain a 15-foot
fire break outside the fence in order to minimize the threat of fire escaping the property.
The applicant began the process of installing the elements of the site plan (see attached aerial
views and photos) . A 6-foot high chain link fence with brown vinyl slats was erected on four
sides of the property with an 8-foot high wall of concrete blocks substituted for the chain link
fence along a substantial portion of the salvage yard's southeast side. At the time of installation,
the building official believed that the 6-foot chain link fencing with slats would satisfy the
requirement for solid fencing. It was later determined this:fencing does not meet the standard
for S5 solid screening'. It was also determined that the fence was put in place across and
adjacent stream at the northeast corner of the property in conflict with the approved site plan.
In 2006, the BOA had no authority to waive the requirement for solid fencing. In December
2009, the City Council amended the zoning code to allow the Board of Adjustment discretion
when applying the solid fence screening requirements "in areas that are not visible from streets,
other public rights -of -way, or the Iowa River, and where nearby uses will not be harmed...... The
amendment to the specific criteria, which the board must now consider in evaluating the
applicant's request to amend the original special exception, is spelled out in bold under the
analysis section of this report. The complete criteria for salvage yards are also provided as an
attachment to this report.
The applicant is seeking to amend the 2006 special exception in order to allow the presently
installed, 6-foot chain -link fencing with vinyl slats for the south, east, and north property lines.
Because the west side of the property is visible from the Riverside Drive right-of-way, no waiver
may be granted. The 8-foot solid fencing is required along the west side of the salvage yard and
must be installed. The applicant is not requesting a waiver from the required screening along
this portion of the property.
The applicant has met other conditions of the special exception, including installing the required
landscaping at the west and south sides of the property. (While these evergreen trees are small
at this time, when mature they will screen views of the salvage yard from S. Riverside Drive and
the adjacent property to the south.) The applicant has brought all stormwater and DNR permits
up-to-date and filed them with the City and provided the required maintenance plan for a 15
foot firebreak required around the property.
Properties to the north and south are zoned General Industrial (11). Another salvage yard abuts
the north property line, and to the south is vacant land owned by Ace Auto Recyclers. To the east
is public property, known as Mesquakie Park. This property consists of a former landfill and is
closed to public use due to environmental concerns. There is no plan to open the park for public
use or access, and the land is, for all intents and purposes, undevelopable. The east property
line for Ace Auto Recyclers is nearly 800 feet from the Iowa River and mature trees established
on the public property effectively screen the salvage yard from the river. A small portion of the
southeast corner of the salvage yard is bordered by a dredged pond that is that is outside city
limits.
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
of Section 14-4B-4C-5b pertaining to the screening requirements for salvage yards located in the
Intensive Industrial ((I2) zone as well as the general approval criteria for special exceptions as set
forth in Section 14-4B-3A.
1 S5 screening is defined by the zoning code as "A 4 to 8 foot high fence, completely opaque, constructed of wood, brick,
metal, masonry, or other permanent materials.... The height of the fence or wall will be determined based on the activity,
materials, or equipment being screened. In general, the fence or wall should be of sufficient height to screen the activity,
materials, or equipment from view."
4
Specific Criteria:
In areas that are not visible from streets, other public rights -of -way, or the Iowa River, and where
nearby uses will not be harmed, the Board of Adjustment may approve a semi -opaque or open
pattern fence in certain situations as described below:
(1) where the view is or will be blocked by a significant change in grade or by natural or human -
made features, such that the screening is effectively provided or the intent of the standard is met;
or
(2) where the adjacent property is unlikely to be developed, is not visible to the public, and is
unlikely to be harmed by an alternative fencing requirement; or
(3) where the adjacent property is zoned Industrial and the area on the adjacent property that
abuts the fence is or is likely to be an outdoor work or storage area rather than a part of the
property that would be highly visible to the public or to customers or clients of adjacent
businesses.
As stated in the background information above, properties to the north and south are zoned for
industrial uses, and most of the property to the east is public land with restricted access. Property
located adjacent to the southeast corner of the salvage yard and consists primarily of a large
dredged pond. This property is outside Iowa City limits and is zoned for agricultural and heavy
industrial uses by the County.
The topography of the area is relatively flat with an elevation of 642 to 646 feet for most of the site.
The vacant property to the south, as well as the property to the east, have slightly lower elevations.
The property to the north, which contains a non -compliant salvage yard, is at an elevation 4 to 6 feet
higher than the subject salvage yard.
The applicant has installed the 6-foot high chain link fence with brown vinyl slats along portions of
four sides of the property. As state above, the applicant will need to replace the fencing at the front
(west side) of the salvage yard with 8-foot high solid fencing. The applicant has also installed the
required landscaping along the west side and along the first 60 feet of the south side of the salvage
yard as required by the 2006 special exception. The applicant has constructed an 8-foot high wall of
concrete blocks along a portion of the salvage yard's south side, which satisfies the solid screening
requirements.
Staff believes the waiver from the solid fencing requirements may be reasonable in this situation.
However, the Board should consider the purpose of the height requirement that is part of the S5
standard, which is to provide fencing of a sufficient height to screen the activity or materials stored
within the fencing. When the Board decided to approve the special exception to allow the salvage
operation, the applicant had specified an 8-foot solid fence. The height of the fence provided some
additional assurance that salvage materials would not be seen above the height of the fence. If the
Board determines that a waiver from the 8-foot solid fence requirement is appropriate, the Board
should include a condition stipulating that materials stored on the site may not be stacked higher
than six feet.
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. The presence of a blue line on the USGS topographic map for
this property indicates a stream corridor/drainage way on a small portion the northeastern corner of
the property. According to the Sensitive Areas Ordinance, stream corridors require a 15-foot buffer
from development. As presently installed, the chain link fence is in conflict with the site plan
approved by the Board of Adjustment in 2006 and does not provide this buffer. The applicant is
required to install a fence on the south side of the creek in order to prevent salvage materials from
entering or blocking the stream.
The applicant has agreed to maintain the 6-foot fencing with vinyl slats on the north side of the
drainage way in order to prevent the salvage yard on the north from expanding into this area, and will
install a 4-foot chain link on the south side of the creek to separate the salvage area from the
drainage way. Staff recommends that amending the original BOA be conditioned upon the
installation of this proposed fencing on the south side of the creek and the maintenance of the fence
north side of the creek.
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 salvage yard is set back more than 300 feet from South Riverside Drive. The
required 8-foot solid fencing along the west side of the salvage yard, which has yet to be installed,
along with the required landscaping, which has been in stalled, will effectively screen views of the
salvage operation from the public street.
Properties to the north and south are zoned General Industrial (11). To the east, property is public
land (former landfill/Mesquaki Park), which is closed to the public due to environmental concerns. In
Staff's view it is reasonable to waive the requirement for solid screening in these areas as doing so
will not negatively impact the adjacent salvage use to the north, and because the woodland to the
east and the distance from the river provide an effective screen from the Iowa River. The 6-foot
slatted fence along with additional landscape screening required by the original special exception
along the south property line will mitigate the negative effects associated with the salvage yard
operation from the vacant property to the south. The remainder of the south side of the salvage yard
is screened by an 8-foot wall of solid concrete blocks, which satisfies the solid screening
requirements.
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. For the reasons sited above regarding the surrounding uses, staff believes
the waiver from the solid screening requirements to allow the 6-foot slatted fence will not impeded the
normal and orderly development and improvement of surrounding properties.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided. All utilities and access roads are already in place. As stated above, under the first general
criterion, the drainage way on the northeast portion of the site may not be unobstructed and a 15 foot
buffer is required. The proposal by the applicant to maintain the fence north of the creek and provide
an additional 4-foot fence to the south of the drainage way will prevent salvage from drifting into this
area.
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 waiver for the fence screening will have no
impact ingress or egress for this 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. As stated above, the applicant is
required to provide fencing on the south side of the creek in order to ensure that salvage does not
obstruct the drainage way.
7. The proposed use will be consistent with the Comprehensive Plan, as amended. The South
Central District Plan acknowledges conflicts in this area between industrial/commercial and
residential uses —a mobile home park is located approximately 1700 feet to the northeast of the site.
The long-term land use scenario for the area is to phase out these residential uses. The District Plan
recommends that industrial and commercial business be allowed to operate in a reasonable manner
within areas zoned for those uses, and specifies that "industrial zoning is most suitable for those
properties with direct access to the railway and Riverside Drive.
The District Plan also recognizes Riverside Drive as an entranceway to Iowa City. Because of its high
visibility, the Plan encourages aesthetic improvements along this corridor and calls for "special
efforts ... to provide effective screening along Riverside Drive where salvage yards are visible from
the public right-of-way. Expansion of existing salvage operations ... may be considered if effective
screening of the salvage yard is provided."
The applicant is required to provide solid fencing along the front (west side) of the property. Staff
believes that solid fencing, 8 feet in height, along with the required landscaping, will sufficiently
screen the salvage use from public view along Riverside Drive, which is at a higher elevation than the
salvage yard. Staff believes the installed evergreen landscape screening and solid fencing along the
nearly the entire length of the south property line, will adequately screen views of the salvage yard
from the adjacent industrial property that is currently vacant such that it will not deter future
development for uses allowed in the zone. Because property to the north is also a salvage yard and
property to the south has restricted public access, staff does not believe waiving the solid screening
requirements lines will be in contradiction to the goals of the Comprehensive Plan.
SUMMARY
While the existing salvage yard in this location operated for a number of years in non-compliance
with zoning requirements, since 2006 the applicant has been working steadily to bring the property
into compliance. The salvage yard is unable to expand its operations and to build a new
office/warehouse until all the requirements of the Conditional Zoning Agreement and Special Exception
are addressed.
At the time of the special exception there was some question among staff as to whether the solid fence
was necessary around the entire perimeter of the salvage yard since the property to the north is also a
salvage yard, and the property to the east is a former landfill site with no public access. These areas
are not visible to the public. At that time there was no discretion regarding the type of fencing required.
Now that the zoning code does permit the Board to exercise discretion in regard to how the property is
screened, staff believes it is reasonable to amend the prior decision and allow the 6-foot chain link
fence with vinyl slatting along the north, south, and east sides of the salvage yard provided that all
other conditions of the previous special exception are met along with additional conditions
recommended in the report above and enumerated below.
STAFF RECOMMENDATION:
Staff recommends approval of EXC09-00009, an application submitted by Ace Auto Recyclers to
amend the requirement of a previously approved special exception for a salvage yard in the Heavy
Industrial (1-2) zone at 2752 South Riverside Drive, to allow a waiver of the solid fencing
requirements along the north, south, and east sides of the property, subject to the following
conditions:
1. All landscaping required as a condition of the previous special exception as well as the
8-foot wall of concrete blocks installed along the southeast portion of the salvage yard
shall be maintained;
2. The required 8-foot, solid fence must be approved by planning staff and must be
installed from the southwest corner of the property, north to where the new
office/warehouse service building is proposed;
3. When construction is finished on the office/warehouse building, and prior to a certificate
of occupancy, matching 8-foot solid fencing must be continued north to the existing tear -
down warehouse;
4. In order to prevent salvage from obstructing the drainage way at the northeast corner of
the property, a 4-foot chain link fence must be installed and maintained south of the
drainage way as shown the original site plan approved with EXC06-00008;
5. The 6-foot chain link fence with vinyl slats currently installed to the north of the drainage
way should remain in place to provide separation from the adjacent property;
6. Ace Auto Recyclers may not occupy the new building until all required fencing is
installed;
7. Salvage may not be stacked higher than 6 feet;
8. All other conditions related to the original special exception (EXC06-00008) not specifically
amended in this application shall remain in effect.
ATTACHMENTS:
1. Location map
2. Site plan approved as part of original special exception
3. Aerial views and photos of the site
4. Decision for the previous special exception
5. Application materials
Approved by: 4441
Robert Miklo, Senior Planner,
Department of Planning and Community Development
14-4B-4C-
5. Salvage Operations
a. The proposed use must be located at least 1,000 feet from any residentially
zoned property.
b. All outdoor storage and work areas must be completely enclosed by a fence
built to at least the S5 standard such that outdoor storage or salvage operations
are not visible from adjacent properties, streets, or highways (See Article 14-5F,
Screening and Buffering Standards). Salvage materials may not be piled
against the fence or piled higher than the height of the fence. In areas that are
not visible from streets, other public rights -of -way, or the Iowa River, and where
nearby uses will not be harmed, the Board of Adjustment may approve a semi -
opaque or open pattern fence in certain situations as described below:
(1) where the view is or will be blocked by a significant change in grade or by
natural or human -made features, such that the screening is effectively
provided or the intent of the standard is met; or
(2) where the adjacent property is unlikely to be developed, is not visible to the
public, and is unlikely to be harmed by an alternative fencing requirement;
or
(3) where the adjacent property is zoned Industrial and the area on the
adjacent property that abuts the fence is or is likely to be an outdoor work
or storage area rather than a part of the property that would be highly
visible to the public or to customers or clients of adjacent businesses.
c. For fire protection, a 15-foot wide, unobstructed firebreak, which completely
surrounds the use, must be established and maintained.
d. The storage of rags, paper and similar combustible waste may not be stored
closer than 100 feet from any property line unless enclosed in a masonry
building of not less than 4-hour, fire -resistive construction.
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Legal Description- Proposed 1-2 Zoning
Commencing a the Northeast comer of the Northeast Quarter of
Section 28, Township 79 North, Range 6 West of the 5th
Principal Meridian; Thenco@96609OV , a recorded bearing
along the East Line of said Northeast Quarter,feet, to the
Thence S00°00'00"W, along said East Line
of the Northeast Quarter, 903.88 feet; Thence*0*v@UWR"IR;'
}feet; Thence NO1°10'00"E,541.87feet; Thence
c^ — Thence N01°24'33"E, 322.72 feet;
Thence Thence NO1°58'22"E,57.50
feet; Thenc to the Point of
Beginning. Said parcel of land contains 11.36 acres, more or
less and is subject to easements and restrictions of record.
PROPOSED 15' FIRE FIGHTING ACCESS SOLID
FENCING
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GRAPIUCC SCAL_E_,
so. p „D
j ( IN IN FEET ))
PLAT PREPARED BY: SCALE 1"=100'
HART-FREDERICK CONSULTANTS, P.C. LEGEND
510 E. STATE Sr.
P.O. BOX 560
TIFFIN,IA 52304
545-7215
OWNER OF RECORD:
ACE AUTO RECYCLERS, INC.
2752 S. RIVERSIDE DR.
IOWA CITY, IA.
Q GOVERNMENT CORNER
® SET S/E' IRON ROD
POUND IRON ROD (AS NOTED)
x CUT T IN CONCRETE
C) GET PE NAD.
(R) RECORDED DD=.ONE
(N) MEASURED ➢IYINSIONS
PROPERTY/BOUNDARY LINES
CWM LINES
RIGHT-OF-E'1Y LINES
SECTION LEM
IASMIENT UMS
LOT UNIS PLATTED OR BY DEED
PROPERTY ADDRESS=2752 SO. RIVERSIDE DRIVE
PARCEL CONTAINS 28.01 ACRES +/-
EXISTING ACCESS EASEMENT FOR 30' ROADWAY
ESTABLISHED BY AGREEMENT DATED AUGUST
31, 1974 AND RECORDED IN BOOK 435 AT PAGE
155, RECORDS OF THE JOHNSON COUNTY
RECORDER
0
Iowa River
Aerial view of the northeast section oft the salvage yard where the drainage way enters the property.
Aerial view of the southwest corner of the salvage yard adjacent to the dredged pond. Note the
presence of the 8-foot concrete block wall along the south boundary of the salvage yard.
Aerial view of the southwest corner of the property. Note the 15-foot firebreak and required
landscaping are visible outside the fence.
View of installed landscaping required by the original special exception. View is looking east.
View of the installed chain link fencing with vinyl slats. Small evergreens in the foreground are part of
the landscape screening requirements. The 8-foot solid fence required by the original special
exception will need to be installed in this area.
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, MAY 10, 2006
EMMA J. HARVAT HALL
MEMBERS PRESENT: Karen Leigh, Carol Alexander, Michelle Shelangouski,
Michael Wright
MEMBERS ABSENT: None.
STAFF PRESENT: Sarah Holecek, Sarah Walz
OTHER
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Ned W�oocaind
S PRESENT: Jason Hilsman, Dick Brown, Robert Crane, Sandra Rasles, Mary Lou
Gay, Ed Morgan, Mary Lee Dixon, Nestor Lobodiak
SPECIAL EXCEPTION ITEMS:
EXC06-00008 Discussion of an application submitted by Ace Auto Recyclers for a special
exception to permit a salvage yard for property located in the proposed Heavy Industrial (1-2)
zone east of South Riverside Drive.
Findings of Fact: The Board finds that the salvage yard established on the property has
operated in violation of zoning ordinances and conditional zoning requirements placed on
the property for a number of years. The Board finds that salvage yards are allowed by
special exception in the 1-2 zone upon meeting both the general and specific approval
criteria outlined in the Zoning Code. The Board finds that the proposed salvage yard is
located more than 1,000 feet from residentially zoned land in Iowa City. The board finds that
surrounding land uses are industrial or public property closed to the public. The Board finds
that the proposed site plan will bring the salvage yard into compliance with the requirements
of the current Zoning Code. The Board finds that fencing and landscaping specified in the
site plan meet the requirements of the code and will screen the salvage yard from view from
adjacent properties and from Riverside Drive. The Board finds that the salvage yard will be
set back more than 300 feet from the road as specified in the Zoning Code. The Board finds
that the salvage yard is surrounded by other industrial uses and public land that is closed to
the public. The Board finds that a blue line stream corridor is present on a portion of the
property and that a significant portion of the salvage yard is within the 100-year floodway.
The Board finds that outdoor storage of tires provides habitat for disease carrying
mosquitoes and thus poses a significant public health concern.
Conclusions of Law: The Board concludes that the proposed salvage yard will not be
detrimental to or endanger the public health, safety, comfort or general welfare. Because the
property is surrounded by other industrially zoned land and public property closed to the
public, the Board concludes that the salvage yard will not be injurious to the use and
enjoyment of other property in the immediate vicinity and should not substantially diminish or
impair property values in area. The Board also concludes that the specific proposed
exception will not impede the normal and orderly development and improvement of the
surrounding property. The Board concludes that the proposed use is consistent with the
Comprehensive Plan, which recommends this area for industrial use. The Board concludes
that the proposed fence and landscaping and the location of the salvage yard 300 feet back
from the public right-of-way provide the intended buffer between the salvage use and the
neighboring property and will improve the appearance of the property from South Riverside
Drive. The Board concludes that salvage yards are associated with certain environmental
issues and that the location of the salvage yard in proximity to a stream corridor and within
the 100-year floodway warrant some additional assurances with regard to DNR permits and
the manner in which tires and other salvage is stored on the site.
Disposition: By a vote of 5-0 the Board approves special exception EXC06-00008 to allow a
salvage yard in the proposed Heavy Industrial (12) zone east of S. Riverside Drive, subject
to:
1. City Council approval of the 12 zoning; and
2. The applicant must apply for a building permit in order to establish the salvage use
Additionally, prior to issuance of the building permit, the applicant must:
3. Install all landscaping and screening improvements as specified in the approved site plan
except for those adjacent to the proposed building in the 11 zone. The spruce trees on the
west and south side of the fence shall be planted in a staggered pattern, 20 feet on center.
They shall be a minimum of 2" in caliper at the time of planting unless an alternative is
approved by the City Forester. The area designated by the blue line as a stream corridor
must remain outside the fenced area of the site and a 15-foot buffer must be left between
the fence and the blue line drainage way. Prior to issuance of an occupancy permit for the
new building, all other required landscaping, as indicated in the site plan, must be installed;
and
4. The applicant must provide a maintenance plan for keeping the required 15-foot firebreak
clear of trees and shrubs; and
5. The applicant must bring all DNR permits related to the salvage and auto parts operation
as well as storm water up-to-date and have such permits filed with the City.
Further, after establishing the salvage use, the continuation of the use is subject to the
following conditions:
6. No salvage (including tires, cars, or parts) may be stored outdoors on any portion of the
applicant's property outside of the fenced area; and
7. Outdoor storage of tires (whole or partial) is limited to no more than 600 tires all s
must be covered by a tarp to prevent mosquito habitat. Tires may not be stored;>wl�hin %0 71
feet of a property line; and
8. Vehicles must be crushed and removed from the site on a regular basis. 0 '.._f
C-
EXC06-00003 Discussion of an application submitted by First Presbyterian C_�urch fV6 a
special exception to permit installation of a columbarium, a structure containing niches for
storage of cremated remains, for use by the church members for property located in the Low
Density Single -Family Residential (RS-5) zone at 2701 Rochester Avenue.
r1<, 09- 460og
APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE: PROPERTY PARCEL NO.2e —7 75�if ✓fZ
PROPERTY ADDRESS: c--'?xs 's•
PROPERTY ZONE:--Z�� PROPERTY LOT SIZE:
APPLICANT:
Name:.*'? //`//�0�l�C��✓
Address:;Sd S'
Phone: �j ��O -�.-re,;219
CONTACT PERSON:
Name:®�
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(if other than applicant)
Address:
Phone:
PROPERTY OWNER:
Name:
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(if other than applicant)
Address:
Phone:
Specific Requested Special Exception; please list the description and section number in
the zoning code that addresses the specific special exception you are seeking. If you
cannot find this information or do not know which section of the code to look in, please
contact Sarah Walz at 366-6239 or e-mail sarah-waiz@iowa-city.org.
Purpose for special exception:
Date of previous application or appeal filed, if any:
U.
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-SC-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 terns 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
14-8C4 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: 20
Signature(s) of Applicant(s)
Date: , 20 _
ppdadmiMappiicabon-boase.doc
Signature(s) of Property Owner(s)
If Different than Applicant(s)
The purpose for special exception is to allow us to use a six foot chain -link fence with
slats on the north, east, and south property lines. Properties abutting the site are as
follows: On the north is another salvage yard and to the south is a vacant land owned by
Ace Auto Recyclers. Finally, east of the site is a former landfill. On October 15, 2009,
Planning and Zoning approved an amendment to the zoning code to allow flexibility on
the type of fence required for salvage operations. This would allow us to be in
compliance on the north, east, and south property lines.
Date of previous application:
May 10, 2006
MINUTES PRELIMINARY
IOWA CITY BOARD OF ADJUSTMENT
DECEMBER 16, 2009 — 5:00 PM
EMMA J. HARVAT HALL
MEMBERS PRESENT: Caroline Sheerin, Le Ann Tyson, Will Jennings,
Robert Anderson
MEMBERS EXCUSED: Barbara Eckstein
STAFF PRESENT: Sarah Walz, Sara Greenwood Hektoen
OTHERS PRESENT: Pete McNally
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order by Chairperson Caroline Sheerin at 5:00 p.m.
ROLL CALL: Tyson, Sheerin, Anderson, and Jennings were present.
CONSIDERATION OF THE MINUTES FOR OCTOBER 14, 2009:
Sheerin offered corrections to the minutes.
Tyson moved to approve the minutes as amended.
Anderson seconded.
The motion carried 4-0.
SPECIAL EXCEPTIONS: Postponed due to weather event to January 13 meeting.
Iowa City Board of Adjustment
October 14, 2009
Page 2 of 4
BOARD OF ADJUSTMENT INFORMATION:
Walz explained that the board would consider another cell phone application in January. The
board expressed some uncertainty about its scope of review. Previously cell towers were limited
to commercial, industrial, or public zones. The zoning code now allows location of cell towers in
the ID zones by special exception. Walz explained the reason that this change was made was
to provide coverage to more residential areas.
Hektoen explained the limits of the Board's review. She stated that the City Council, as the
legislative body, establishes the criteria.
Jennings asked whether the Board could advocate for changes to the criteria. Hektoen said the
Board could advocate independently of a specific application.
Jennings asked an additional question about antennas. Walz explained the difference between
the criteria for locating antennas on existing structures, which is provisional use that is reviewed
administratively, and the criteria that apply to the location for a cell tower, which is an application
to the Board of Adjustment. The tower or other proposed structure is what triggers the special
exception.
Hektoen explained that while some of the criteria are broad, as long as the board can articulate
the facts on which it is basing its decision, and provide substantial evidence, the decision was
defensible. The Board cannot deny location based on the fact that another company already
provides coverage to the area. Jennings clarified that the term "service" in the criteria refers to
the individual cell provider.
Anderson asked whether the Board could ask for a higher tower to create opportunity for co -
location. Walz indicated that the desire for co -location needed to be weighed against other
considerations such as aesthetics. Walz explained how the appearance of cell towers have
changed over time to become less obtrusive and the staff has advocated for the least obtrusive
designs.
Pete McNally, a representative for I -Wireless, explained that the use of wireless services have
changed over time. Fifteen years ago there was no system and people expected pockets in
service because they were not relying on cell service. Now that there is a system, people are
demanding more services. As more people use wireless devices and want service in more
areas, providers cannot have pockets in the service area. This has called for more, shorter
towers, in areas that have always been problematic.
McNally explained that different carriers have different band frequencies carry further and more
strongly than others. Those companies that got into cell service earlier got the better
frequencies. Other carriers have problem pockets in their service because their frequency does
not carry as far. Those Not every carrier needs a tower in the same spot. McNally indicated that
the board is doing its job by making the carrier find the best spot possible. Cell providers would
rather find a spot that is allowed administratively, such as co -location or mounting antennas to
an existing structure, than have to go through a long process. He thinks the City's policy makes
cell companies do their job better.
Iowa City Board of Adjustment
October 14, 2009
Page 3 of 4
Jennings asked that the code be reviewed to be sure that it is up-to-date with current
technology. He felt that providers' claims of need for improved service overshadowed the other
criteria.
Walz and Hektoen explained recent legislation that requires Boards to make decisions
regarding cell tower locations within 150 days.
ADJOURNMENT:
Jennings moved to adjourn.
Tyson seconded.
The motion carried 4-0 and the meeting was adjourned at 6:00 p.m.
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