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HomeMy WebLinkAbout07-14-2010 Board of AdjustmentAGENDA IOWA CITY BOARD OF ADJUSTMENT MEETING Wednesday, July 14, 2010 - 5:15 PM CITY HALL - EMMA J. HARVAT HALL A. Call to Order B. Roll Call C. Consider the June 9, 2010 Board Minutes D. Special Exception: EXC10-00005: Discussion of an application submitted by the Extend the Dream Foundation for a special exception to a General Community Service Use in the Community Commercial (CI-1) zone and a Reduction in Parking for Unique Circumstances for property located at 730 South Dubuque Street. E. Board of Adjustment Information F. Adjourn NEXT BOARD OF ADJUSTMENT MEETING: August 11, 2010 STAFF REPORT To: Board of Adjustment Item: EXC10-00005 730 South Dubuque GENERAL INFORMATION: Applicant: Contact: Property Owner: Prepared by: Sarah Walz Date: July 14, 2010 Extend the Dream Foundation 401 S. Gilbert Street Iowa City, IA Tom Walz 319-530-8765 Public Access Television, Inc. 730 South Dubuque Requested Action: A special exception to allow a Community Service Use in the Intensive Commercial (CI-1) zone and to reduce the number of parking spaces required. Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: 730 South Dubuque Street 60' x 150' (9,000 square feet) Intensive Commercial (CI-1) North: (CI-1) Residential South: (CI-1) Commercial/County owned East: (CI-1) Commercial/Residential West: (CI-1) Commercial/(P2) Public (University) Applicable code sections: 14-4B-3A, General Criteria for special exceptions; 14- 4E-4D-4, Specific Criteria for Community Service Uses in the CI-1 zone; 14-5A-4, Minimum parking requirements; 14-5A-4F-5, Parking Reduction for Unique Circumstances; 14-5A-5, Construction and Design Standards for Off-street Parking. File Date: 26 May 2010 BACKGROUND: The applicant, the Extend the Dream Foundation, is seeking a special exception to establish a General Community Service Use in the Intensive Commercial (CI-1) zone and to reduce the number of parking spaces required for the use. Community Service uses are categorized as the institutional uses and are defined as "uses of a public, non-profit, or charitable nature providing local service to people of the community." The purpose of the CI-1 zone is to provide areas for sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles and for other land intensive uses. The zone also allows all types of office uses, except medical offices, and a number of institutional uses such as daycare centers, specialized educational facilities, group care facilities, homeless shelters, and general community service uses. Because of the range of uses allowed, there is quite a variation in the character of each CI-1 zoned area. The Extend the Dream Foundation is a non-profit organization that assists people with disabilities to start up and operate small businesses and assists others in finding and "safe, sane, and sober" places to work, volunteer, or socialize. The site will serve as a neighborhood arts and social center for people with disabilities, providing space for small enterprises run by people with disabilities: an AA/recovery meeting room with art gallery, a used bookshop, a music venue, a small disability media service, and a food service operation. The anticipated clientele includes persons with disabilities, people in substance abuse recovery and treatment, as well as other members of the community and volunteers. The building at 730 South Dubuque is owned by Public Access Television, Inc.(PATV), which occupies the lower floor of the building, accessible from Lafayette Street. Extend the Dream will lease the entire upper floor, accessible from South Dubuque Street. The space will be renovated to house their proposed programs. The proposed hours of operation will be from 7:00 a.m. to 8:00 p.m. Monday through Thursday and from 7:00 a.m. until 10:00 p.m. on Friday and Saturday. Until December 2009, the second floor was home to the Evert Connor Center, which provides counseling, education and advocacy for persons with disabilities. This organization is also classified as a General Community Service use but was allowed to locate at the subject site under the old zoning code, which did not require a special exception. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare, to conserve and protect the value of property throughout the City, and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the regulations of Section 14-4B-4D-4 pertaining to the specific standards for General Community Service Uses in the CI-1 and 1-1 zones as well as the general approval criteria for special exceptions as set forth in Section 14-4B-3A and the approval criteria for a parking reduction for unique circumstances as set forth in 14-5A-4F-5. The applicant's comments regarding each of the specific and general standards are included on the attached application form. Staff comments related to the specific and general approval criteria are set forth below. Specific Criteria for Community Services Uses in the CI-1 zone and Parking Reduction for Other Unique Circumstances 1. The CI-1 zone allows General Community Service Uses by special exception so long as the proposed use will not significantly alter the overall character of the zone and will not inhibit future development of uses for which the zone is primarily Intended. The Board will consider such factors as size and scale of the development, projected traffic generation, and whether adequate transportation, transit, and pedestrian facilities exist to support the proposed use. Community Service Uses that are industrial or repair oriented in nature or that include operations that require outdoor work areas may be particularly suited to these zones. The CI-1 zone under consideration is a mix of quasi -industrial, commercial and non -conforming residential uses. The larger neighborhood is part of the Riverfront Crossings District, and is slowly transitioning to more residential and general commercial and office uses and includes a mix of public offices (the Johnson County Administration building and University offices), private commercial offices, retail, and residential uses. The City is presently working on a new set of zoning regulations to guide redevelopment in this area and it is possible that this area will be rezoned in the near future to encourage higher density urban development as Iowa City's downtown expands southward. Given that the following factors, staff finds that the proposed use will not alter the overall character of the zone and will not inhibit future development in the zone: • The particular CI-1 neighborhood in which the subject property is located is not a typical CI-1 zone and is slowly transitioning toward an urban mixed use character; • The building was previously used for a community service use without any adverse effect on the overall character or uses located in the zone; • There are many similar public and private office uses in the immediate area that provide employment and general services to the public; and • Most of the commercial uses in the vicinity are lower intensity, with little of the outdoor display or truck traffic that characterizes some CI-1 zones. In addition, given that this area is characterized by the traditional gridded street pattern with sidewalks and good pedestrian and transit access, it seems ideally suited to serve clientele of a community service use, where most clientele arrive by transit, walking or biking. 2. Where it can be demonstrated that a specific use has unique characteristics such that the number of parking and stacking spaces required is excessive, the Board of Adjustment may grant a special exception to reduce the number of required parking or stacking spaces by up to 50%. Based on the size of the subject building, the zoning code would require a minimum of 8 spaces for a General Community Service use and 8 spaces for the General Office Use. However, because there is no change in use on the site, the property is grandfathered in with its current parking 15 spaces total. Of those, 10 spaces are provided on the lower level lot accessed from Lafayette Street, and 5 spaces at the upper level at the entrance to the proposed community service use on South Dubuque Street. Due to the current configuration of the upper level parking spaces, drivers have to back into Dubuque Street to exit the site. In order to provide safer ingress and egress and better separation between the pedestrian and vehicle use areas, Staff is recommending that the upper level parking be reconfigured with a narrower drive, landscaped end islands to separate the parking spaces from the sidewalk and a center aisle, so that drivers will no longer have to back into Dubuque Street (see the attached site plan and further explanation below in general criteria #1). While reconfiguring the parking as suggested will improve safety for drivers and pedestrians and bring the site closer into compliance with current standards, it will result in the loss of two parking spaces. One of the parking spaces would be designed as a handicapped space, so would result in the loss of one standard parking space. Unless a portion of the sidewalk that abuts the front of the building was removed, only two compact spaces would fit opposite the handicapped space. The applicant would like to provide an outdoor seating area for the coffee shop on the south side of the building, which would be accessed by the existing curbed walk in the front of the building. If a parking space were required in place of the walk, the outdoor seating area would not be possible. In summary, the reconfiguration of the parking area as proposed in the attached site plan would reduce the overall parking from the 15 required spaces to 13 spaces: 10 at the lower level (Lafayette Street) and 3 at the upper level (Dubuque Street). The City's parking standards are set at a rate to handle typical parking demand for broad use categories, so actual parking demand may vary considerably between specific businesses. To 4 discourage excess paving and impervious surface and reserve more land for productive uses, the City provides a number of options to reduce the amount of parking, when it can be demonstrated that the parking is not needed. According to paragraph 14-5A-4F-5 of the zoning code, "where it can be demonstrated that a specific use has unique characteristics such that the number of parking spaces required is excessive, the Board of Adjustment may grant a special exception to reduce the number of required parking spaces by up to 50 percent." Staff finds that there are unique characteristics of the proposed use that may warrant such a reduction: • Since most of the people who will work on site as well as many of the people who will make use of the services offered by the Extend the Dream arrive by bus or walking and do not drive, Staff does not anticipate a high the level of vehicle traffic or demand for on site parking, • The small enterprises within the Community Service use typically serve other clientele coming to the site and a small number of customers from the immediate neighborhood, so demand for customer parking will also be minimal. PAN has indicated to staff that they rarely make use of all 8 required spaces for their site and few if any of their spaces are used in the evening. As mentioned in the application, parking would likely be in highest demand for support group activities (although most attendees do not drive) and evening music and arts events. During the day, it is typical for commuters to park along the public streets in this neighborhood, but after 5:00 on -street parking is more readily available, especially along Lafayette Street. In addition, the applicant has indicated that parking for special events, if needed, is available on the west side of Dubuque Street on University of Iowa property through a special arrangement with the University. General Standards (14-4113-3) 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The existing parking area does not meet current code standards, including the minimum parking requirement and layout and design requirements. The standards in the code for parking lots, such as curb cut and drive width and requirements for landscaped islands at the end of each parking row are intended to improve safety by controlling ingress and egress from the site and separating the parking areas and drives from pedestrian areas. Because the proposed use is not considered a change in use, it is not required by code to come into compliance with parking area design standards. However, the special exception process allows the Board to consider those elements of the site design that impact public safety. Staff believes that the parking area should be brought into conformity with the parking regulations to the extent possible and should provide safe access for pedestrians and persons with disabilities. Staff and the applicant have discussed changes that could be made to the site to improve safety. The attached site plan was prepared by the applicant based on input from staff and demonstrates the recommendations described in the paragraphs below. The existing curb cut on Dubuque Street is a 42-foot opening, the maximum allowed by code. Staff recommends keeping the drive at 42 feet at the curb and narrowing the drive to 24 feet where it crosses the public sidewalk. A new curb should be poured along the drive to the outside edge of the sidewalk to demarcate the drive and provide an area for landscaped end islands to separate parking spaces from the public sidewalk. This change will also provide space for two street trees to be planted on either side of the drive. The parking area should be set back 4 feet from the Dubuque Street right-of-way, with pavement removed and low shrubs provided to screen the parking and separate the parking area from the sidewalk. Given the limited amount of space on the private property, the City will consider allowing the applicant to provide a bike rack in the right- of-way north of the drive entrance —the shrubs proposed for screening could be excluded in the area around the bike rack. The existing handicap ramp should serve as the main pedestrian entrance route. The parking area design recommended by staff will provide space for two compact spaces (8 x 15 feet) on the south end of the lot, and one parking space for disabled on the north. Parking for disabled can be designed with a 10-foot wide access aisle on the passenger side of a 10-foot wide parking space. Making the parking area safer, will reduce the amount of parking that can be provided in the upper parking area from 5 spaces to 3, however staff believes that safe pedestrian access to the site is a higher priority. 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. As stated in the background information, this neighborhood and zone are in transition. The uses now present are not characteristic of a CI-1 zone. With the recent expansion of the Johnson County offices, the area is becoming more of an employment center and public service center, which has created a market for the sort of small-scale services provided as part of the proposed use. The redevelopment plan for this area of the community will focus on pedestrian -oriented design. Since the proposed use is not anticipated to generate significant vehicle traffic and instead will rely on pedestrian traffic from other residential, public, and commercial uses in the area, Staff believes that the use is appropriate and will not diminish or impair property values in the neighborhood. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. See criteria 2 above. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. All necessary facilities are already in place. 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 current site layout does not provide safe or efficient ingress or egress from the site. The continuous paving across the entire front of the property and right-of-way provide no separation between pedestrian areas and parking. As currently designed drivers have to back out into the street to exit the site. The design recommended staff and agreed to by the applicant provides safer access to and from the site. 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone In which it is to be located. When an application is submitted for final site plan review and building permit, the applicant will have to demonstrate that all other applicable zoning requirements are met. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. The Central District Plan shows this area as a future mixed use zone —a mix of commercial and high -density residential uses that are pedestrian -oriented in design. The Comprehensive Plan calls for a wide array of social service programs available in all neighborhoods throughout the City. 6 STAFF RECOMMENDATION : Staff recommends approval of EXC10-00005, an application for a special exception to allow a General Community Service Use in the Intensive Commercial (CI-1) zone at 730 South Gilbert Street and to reduce the parking requirement from 8 spaces to 6 spaces for the proposed use is subject to the following conditions: • Substantial compliance with the site plan submitted; • The special exception for a community service use in the CI-1 Zone at 730 S. Gilbert Street is limited to the Extend the Dream Foundation; • The special exception for a reduction in the parking requirement from 8 spaces to 6 spaces is limited to the Extend the Dream Foundation. (Because there is no change of use, the entire property will remain grandfathered at 15 required spaces, but this requirement will be reduced to 13 while the Extend the Dream Foundation is occupying the building.) ATTACHMENTS: 1. Aerial views of the proposed location. 2. Location map 3. Staff recommended site plan 4. Application materials Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development Dubuque Center Line V H m n Q ro co 42 a i I I 40' I I i ! ro l I Propertyl I Line I l JF I I i l I l I I I I 60'--4L " i w CO O Un 0 aht' DATE: APPLICATION TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION PROPERTY PARCEL NO. PROPERTY ADDRESS: -7 :1 c PROPERTY ZONE: L - I PROPERTY LOT SIZE: APPLICANT: Name: AQUA) Address: LpI S. 61 1 LO 2"f st, Phone: CONTACT PERSON: Name:C� (if other than applicant) c t Address: 4®( Phone:— chr -- PROPERTY OWNER: Name: _ (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 356-5239 or e-mail sarah-walz@iowa-cify.org. Purpose for special exception: Gtv fty .T- l' Zlf-74 - Date of previous application or appeal filed, if any: COMMUNITY CENTER STATUS APPLICATION - Extend the Dream Foundation (EDF) EDF is a non-profit 501 C3 organization whose mission is to help persons with disabilties start up and operate micro enterprises and assist others in finding a "safe, sane and sober" environment where they can work, volunteer or simply socialize. EDF will office in this location and offer locations for some small handicapped run enterprises: an AA/recovery meeting room with art gallery, a used bookshop, a music venue, a small disabilty media service, and a food service operation. The anticipated clientele include persons with disabilties, persons from the recovery community, those in active substance abuse treatment and students and community volunteers (who are recruited to help disabled owners of the small businesses with their enterprises). The site will be known as Uptown Bill's Coffee House and described as a neighborhood arts and social center for disabled persons. The proposed hours of operation will be from 7AM to 8PM, Monday through Thursday and Sundays, and from 7AM to 10PM on Friday and Saturday. ' Anticipated traffic will be largely foot traffic from County Administration building and persons with disabilties, including those in recovery (mainly non drivers). The peak traffic is at noon when 25-30 persons attend the midday AA meeting, and on some friday and saturday evenings when we offer music.There are five parking spaces fronting the building and other shared spaces with PATV below. There is also north side street parking on Lafayette St. Spill over parking, if ever needed will be available through special contract with the University of Iowa, one of the partners in this coffee house project. c: • 1 e, -f 1A 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-1E, City Code). Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter, or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. (Section 14-8C4F, City Code). Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the City Clerk. Date: 20 F Yy-% C� Signature(s) of Applicant(s) Date: �+�� Zit 20 Iv W' o ppdadminlapplication-boase.doc Signature(s) of Property Owner(s) if Different than Applicant(s) Cl e=s e s, T a n _.� � !"`.� �1 �"� �_..' �� ) :: s"` Jw OA 7 C=3 77 MINUTES PRELIMINARY IOWA CITY BOARD OF ADJUSTMENT JUNE 9, 2010 — 5:15 PM EMMA J. HARVAT HALL MEMBERS PRESENT: Robert Anderson, Barbara Eckstein, Will Jennings, Caroline Sheerin, Le Ann Tyson MEMBERS EXCUSED: None STAFF PRESENT: Sarah Walz, Sara Greenwood Hektoen OTHERS PRESENT: None RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order by Chairperson Caroline Sheerin at 5:15 p.m. ROLL CALL: Anderson, Eckstein, Jennings, Sheerin, Tyson An opening statement was read by the Chair outlining the role and purpose of the Board and the procedures governing the proceedings. CONSIDERATION OF THE MINUTES FOR MAY 12T" 2010: SPECIAL EXCEPTIONS: Eckstein offered three grammatical corrections and asked for clarification on a content point. Walz and Greenwood Hektoen advised Eckstein to seek clarification on the point later in the meeting when the public hearing for that topic was opened. Jennings motioned to accept the minutes with Eckstein's changes. Iowa City Board of Adjustment June 9, 2010 Page 2 of 3 Eckstein seconded. A vote was taken and the motion to approve the minutes was passed 5-0. EXC10-00004: An application submitted by Nila Haug and Dennis Nowotny for a special exception to allow a Bed and Breakfast Inn to operate in the Central Business Service (CB-2) zone at 511 E. Washington Street. Walz explained that this item had been deferred from last month to this month to give the applicant time to resolve permit issues. Walz said that the permit issues have not been resolved. She said that the applicant has requested a deferral until such time as the permit issues can be brought to resolution. Walz said that staff supports the deferral. She said she has advised the applicant to notify her when the issues are resolved. At that time, Walz will again place the item on the Board's agenda. Eckstein motioned to defer the application until such time as the applicant wishes to move forward with it. Tyson seconded. The motion to defer carried 5-0. BOARD OF ADJUSTMENT INFORMATION: Walz asked if all Board members will be available for the scheduled July 2010 meeting. Sheerin said she would be present. Jennings said he would not be present. Eckstein said she had to check, but she believed she would not be available. Tyson said she was not sure and would have to check. Anderson said he believed he would be available. Walz said there is an application for the July meeting, but it appears to be a pretty straight forward application. She said she would check with the applicant as to whether or not they would be comfortable moving forward with only three Board members present, as a three -member vote would require unanimous approval. Jennings said that if there was a substantial matter before the Board that required his presence he could see about adjusting his plans. ADJOURNMENT: Jennings motioned to adjourn. Tyson seconded. A vote was taken and the motion carried 5-0 (Sheerin not present). 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