HomeMy WebLinkAbout04-11-2012 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, April 11, 2012 — 5:45 PM
City Hall — Emma J. Harvat Hall
AGENDA
A. Call to Order
B. Roll Call
C. Special Exception
1. EXC12-00003: Discussion of an application submitted by Marc Moen for a special exception to
allow above ground structured parking for two vehicles and to allow 12 required parking spaces to
be provided off -site in a municipal facility for a proposed mixed use building to be located in the
Central Business (CB-10) zone at 114 S. Dubuque Street.
2. EXC12-00005: Discussion of an application submitted by Parish Apartments LLC for a special
exception to reduce the required width for a parking aisle for the preservation of a historic property
located in the Planned Development Overlay / Neighborhood Stabilization Residential (OPD/RNS-
20) zone at 108 McLean Street.
3. EXC12-00006: Discussion of an application submitted by McDonald's USA, LLC for a special
exception to expand the existing drive -through facility on property located in the CC-2 (Community
Commercial) zone at 2440 Mormon Trek Boulevard.
4. EXC11-00005: Discussion of an application submitted by McDonald's USA, LLC for a special
exception to expand the existing drive -through facility on property located in the Community
Commercial (CC-2) zone at 804 S. Riverside Drive.
D. Discussion Item
E. Board of Adjustment Information
F. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING: May 9, 2012
STAFF REPORT
To: Board of Adjustment
Item: EXC12-00003
GENERAL INFORMATION:
Prepared by: Karen Howard
Date: April 11, 2012
Applicant: Marc B. Moen
221 East College #1301
Iowa City, IA
319-430-3010
Requested Action: A special exception to allow above -ground
structured parking for two vehicles and a special
exception to allow 12 required parking spaces to be
provided off -site in a municipal facility for a proposed
mixed use building to be located in the Central
Business (CB-10) zone at 114 S. Dubuque Street.
Purpose: To satisfy parking requirements for household living
uses in the CB-10 zone for a proposed mixed use
building.
Location:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
Applicable code sections:
File Date:
114 S. Dubuque Street
3,240 square feet
Commercial, CB-10
North: Park; P-1
South: Commercial CB-10
East: Commercial CB-10
West: Commercial CB-10
14-413-3A, (General Criteria)
14-5A-3D-4 & 5 regarding parking for household
living uses in the CB-10; 14-5A-4F Alternatives to
Minimum Parking Requirements.
March 12, 2012
BACKGROUND: The applicant, Marc Moen, is seeking to develop a 14-story mixed -use
building in the Central Business (CB-10) zone at 114 S. Dubuque Street. The property is located
with frontage on City Plaza (pedestrian mall) and is currently the site of the Wells Fargo Bank
building. At approx. 3,200 square feet (40 x 80 ft.), the subject parcel is small and has limited
vehicle access from the adjacent alley to the south.
The proposed building will consist of ground floor and mezzanine retail levels and three floors of
class -A office space. Floors 5 through 14 will contain twenty-four 1-bedroom apartments and
two 2-bedroom apartments. City Code requires a total of 14 parking spaces to serve the
residential units. The standards for off-street parking in the CB-10 Zone are set forth in
Subsection 14-5A-3D of the zoning ordinance.
The applicant is seeking a special exception to provide two parking spaces on the ground level
floor of the building within the first 50 feet of lot depth (See 14-5A-3D-5e). The parking would be
accessed from the alley. The applicant is requesting an additional special exception to provide
the remaining 12 parking spaces off -site in a municipal parking facility at the corner of Dubuque
and Burlington Street (See 14-4A-3D-4 and 14-5A-4F). The subject parking facility may be
accessed from Dubuque Street, south of the Sheraton, or from S. Linn Street. The location is
approximately 450 feet from the proposed building.
The Director of Planning and Community Development in consultation with the Directors of
Transportation Services and the City Manager have indicated that the requested 12 spaces are
available in the facility and that the capacity of the facility will not be exceeded by fulfilling this
request.
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 the Sections 14-5A-4F-1 and Section 14-5A-3D-5e as well as the general
standards for special exceptions as set forth in Section 14-413-3A.
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 Standards (14-5A-313-5e)
Where parking is located within the exterior walls of the building, the following standards apply:
The proposed structured parking will not detract from or prevent ground floor
storefront uses. Structured parking may be permitted on the ground -level floor of a
building, provided that a substantial portion of the ground level floor of the
building is reserved for and built to accommodate storefront uses. On the ground
level floor of the building, parking is not allowed within the first 50 feet of building
depth as measured from the front building line. The Board may reduce this
storefront depth requirement if the applicant demonstrates the conditions on the
subject property create a practical difficulty in achieving full compliance. In such
case, the applicant must demonstrate that the resulting alternative storefront
space, both the interior and exterior, will be of a quality in both design and
materials that will enhance the commercial character of the Central Business
District. To mitigate for loss of ground floor commercial space, the Board may also
require additional quality commercial space be included on an upper floor or
mezzanine level and said space reserved for non-residential units.
Staff finds that the applicant meets these standards based on the following findings:
• The limited size of the property (40 x 80) makes it impractical to provide parking
below grade and any parking provided within the building cannot meet the 50-foot
setback requirement.
• Including the proposed mezzanine space, which will be located above the parking,
the amount of space committed to retail floor area (approximately 1,700 square feet)
is the same as would occur without the parking, as the remainder of the 2,154
square feet of ground floor is devoted to entrance lobby, vestibule, stairwells,
elevator, etc. In addition, the applicant is proposing to build three additional floors of
Class A office space above the retail space, which is in response to a specific
economic development goal for Downtown Iowa City to provide quality office space
that will be attractive to new employers desiring to locate in the Central Business
District. The proposed building design as characterized in the application, including
the ground -floor retail space and the upper floor office space will be constructed with
high quality building materials and designed to provide maximum visibility and
access for retail customers with storefront windows and floor to ceiling height that
appear to exceed City standards and with floors 2-4 intended to achieve the
standards for Class A office space. The applicant will be required to demonstrate
compliance with all Central Business standards with regard to building entrances,
floor to ceiling heights, minimum fenestration, and building articulation prior to
issuance of a building permit.
2. Vehicular access to parking within buildings must be from a rear alley or private
rear lane, whenever feasible. Garage openings along the primary street frontage
are not permitted if access is feasible from another street or private rear lane. If
there is no other feasible alternative, a garage opening may be allowed along the
primary street frontage, if the Board determines that the opening(s) will not
detract from or unduly interrupt pedestrian flow along the street and traffic and
pedestrian safety will not be compromised. Garage openings shall be built to the
minimum width necessary for access.
• This criterion is satisfied because the site plan submitted by the applicant shows
access to the proposed structured parking is located with access from the public
alley on the south side of the building. One single -wide opening is provided for each
of the two spaces, which is the minimum necessary for access.
3. Any exterior walls of a parking facility that are visible from a public or private
street must appear to be a component of the facade of the building through the
use of the building materials, window openings and facade detailing that is similar
or complementary to the design of the building.
Staff believes that the criterion is satisfied based on the following findings:
• The two parking spaces are located off the alley and recessed within the fagade, so
they will not be visible from a public or private street.
4. Each entrance and exit to the parking area must be constructed so that vehicles
entering or leaving the parking area are clearly visible to a pedestrian on any
abutting sidewalk at a distance of not less than 10 feet. Stop signs and
appropriate pedestrian warning signs may be required.
Staff believes the application satisfies this criterion based on the following:
• Since the access to the two parking spaces is from the alley, vehicles entering or
exiting the parking will not be crossing any public sidewalk or City Plaza.
Specific Standards: Alternatives to Minimum Parking Requirements (14-5A-4F-1):
Off-street parking may be located on a separate lot from the use served according to the
following rules. When the proposed off -site parking is located in a residential zone or in
the CB-10 zone or intended for a use in the CB-10 zone, the Board of Adjustment may
grant a special exception for the proposed parking, provided the conditions contained in
subparagraphs a through g are met.
a. Special Location Plan
A special location plan must be submitted with the application for off -site parking. The
location plan must include a map indicating the proposed location of the off -site parking,
the location of the use or uses served by the parking, and the distance and proposed
walking route between the parking and the use(s) served. The map must be drawn to
scale and include property boundaries of any intervening properties. In addition,
documentation must be submitted providing evidence deemed necessary to comply with
the requirements herein.
Staff believes that the applicant has satisfied the criterion based on the following findings:
• The aerial view provided shows the location of 114 South Dubuque Street in relation to the
Dubuque Street parking facility.
• The pedestrian entrance to the parking facility is located approximately 450 feet from the
entrance to the proposed building.
• There is a direct walking route between the parking facility and the subject property is
through City Plaza. Residents can walk through the Sheraton Hotel or the pedestrian
passage next to the Sheraton to access the parking facility from Dubuque Street or can
walk along City Plaza to enter the parking facility from Linn Street without having to cross
any public streets.
b. Location of Off -site Parking
In Residential and Commercial Zones, no off -site parking may be located more than 300
feet from an entrance of the use served, except as allowed in subparagraph e, below, for
parking in a municipal parking facility.
Staff finds that this criterion is satisfied based on the following:
• The proposed off -site parking is located in a municipal parking facility. (See item a below.)
c. Zoning
Off -site parking spaces must be located in the same zone as the principal use(s) served,
or alternatively, off-street parking may be provided on a separate lot within the
parameters of the following pairings.
Staff finds that the criterion is satisfied based on the following:
• The proposed parking is located in a municipal parking facility. (See item a below.)
d. Shared Use of Off -Site Parking
Staff finds that the criterion is satisfied based on the following:
• The applicant is not proposing to "share" parking with another use.
e. Off -Site Parking Located in a Municipally -Owned Parking Facility
In the CB-10 Zone, up to 100 percent of the required parking number of parking spaces
may be provided in a City -owned parking facility regardless of the distance between the
use and the parking facility. When an applicant requests to provide off-street parking in a
City -owned parking facility, the Director of Planning and Community Development in
consultation with the Director of Transportation Services and the City Manager or
designee must substantiate that with the addition of the requested number parking
spaces the capacity of the parking facility will not be exceeded. In the CB-10 Zone, said
parking requested to meet minimum parking requirements for residential uses may only
be approved by special exception and only if there is capacity.
Staff believes the applicant has satisfied this requirement based on the following:
The subject use is located in the CB-10 zone.
The applicant has requested 12 spaces for long term rental. In consultation with the
Director of Transportation Services, staff has determined these 12 spaces are available for
long term rental and that the capacity of the parking facility will not be exceeded.
The Dubuque Street parking facility provides 626 parking spaces, and 325 permits are
issued annually. Nearly all regular permits expire annually and the number available for
renew or sale is based on an analysis by the Director of Transportation Services. The
Director of Transportation Services has indicated that there is available capacity in the ramp
at this time. The Director of Planning and Community Development and the City Manager
concur with this analysis.
f. Approval Criteria
In assessing a special location plan for off -site parking, the Board of Adjustment or
Director of Planning and Community Development, as applicable, will consider the
desirability of the location of off-street parking and stacking spaces on a lot separate
from the use served in terms of pedestrian and vehicular safety; any detrimental effects
of adjacent property; the appearance of the streetscape as a consequence of the off-
street parking; and in the case of non -required parking, the need for additional off -site
parking.
Staff believes that the proposed location for off -site parking is appropriate based on the
following:
• The zoning code allows that for properties located in the CB-10 zone, up to 100% of
parking may be provided in a municipal ramp regardless of its location. The Dubuque Street
ramp is approximately 450 feet from the proposed dwelling units with connection provided
along the Pedestrian Mall.
• The proposed parking is located in a municipal parking facility, which is designed to provide
safe vehicular access. Ingress and egress from the parking facility are designed with good
visibility.
• The parking facility is already constructed, so there will be no change to the area.
g. Covenant for Off -Site Parking
A written agreement between the owners of the parking and owners of the property for
which the parking will serve must be submitted with the application for off -site parking.
The agreement must assure the retention of the parking and stacking spaces, aisles, and
drives and be properly executed, binding upon their successors and assigns, and must
be recorded as a covenant running with the land. The agreement must provide that it
cannot be released, and its terms and conditions cannot be modified in any manner
whatsoever, without prior written consent and approval from the City. The written
agreement must be reviewed and approved by the City Attorney.
Because the off -site location being requested is a City -owned facility, the parking agreement is
subject to approval of the special exception. The applicant has submitted a draft parking
covenant as part of the redevelopment plan to the City Council for approval. This covenant will
be submitted as part of the building permit application based on the number of spaces approved
by the board. Staff recommends that the agreement indicate that the parking permits shall only
be offered to residents of 114 South Dubuque Street and shall be offered at a rate not to exceed
the market rate determined by the Director of Transportation Services at the time of leasing.
Staff recommends the agreement require the property manager provide the Director of
Transportation Services with the name, license plate number, and address of all permit holders;
and that permits be granted only to residents with the primary address of 114 South Dubuque
Street.
General Standards: 14-46-3, 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 the following findings support this criterion:
• The Dubuque Street parking facility is approximately 450 feet from the proposed mixed use
building. Pedestrian access through City Plaza is already established between the two
sites.. Ingress and egress from the parking facility is designed to be safe and has good
visibility to and from adjacent streets.
• Access to the on -site structured parking is from the alley, minimizing conflicts with
pedestrians, bicyclists, and vehicles.
• Access at grade will improve visibility for vehicles entering and exiting the parking.
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.
Staff believes the following findings support this criterion:
• The structured parking is accessed from the alley, and thus will not disrupt pedestrian
areas.
• The structured parking is not generally visible from the public street or pedestrian areas.
• The proposed development devotes 1,702 square feet to retail use (80% of the ground
floor space), and includes three floors of Class A office space, which contribute to the
Downtown commercial vitality.
• The proposed residential units add to the diversity of Downtown housing and will not
substantially increase parking demand.
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.
Staff believes that this criterion is met for the off -site parking based on the following:
• The Director of Transportation Services has reviewed the application and has indicated to
staff that presently there is adequate capacity in the Dubuque Street Ramp to provide the
requested 12 spaces. .
Staff believes that this criterion is satisfied for the on -site structured parking based on the
following findings:
7
• The structured parking allows for more than 30 feet of depth for storefront use plus an
additional mezzanine level highly visible to pedestrians through floor to ceiling storefront
glass windows.
• The structured parking will not be generally visible from public streets or sidewalks and will
be screened from view by garage doors located along an alley, which is intended for
vehicular access, garbage dumpsters, and other utilitarian functions of the building
• With inclusion of the mezzanine level, the building will provide the same amount of retail
floor area (approximately 2,300 sq. feet) as it would without structured parking.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
• All utilities, access roads, drainage and other facilities are in place to serve the parking
facility and the development of the proposed building.
5. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets.
Staff believes that the criterion is satisfied for the off -site parking based on following reason:
• All municipal parking facilities are designed to provide safe ingress and egress to adjacent
public streets and to minimize congestion of public streets.
Staff believes that the criterion is satisfied for the on -site structured parking based on following
reason:
• The parking spaces are accessed from a public alley that is designed to provide safe
ingress and egress to adjacent streets and minimize congestion of public streets.
• The site plan shows a double garage entry garage set back approximately 10 feet from the
property line. The building provides a 40-foot wide opening onto the alley for appropriate
visibility.
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.
Municipal parking facilities are designed to meet all applicable standards in the zoning code and
are designed to provide safe and accessible parking.
All aspects of the residential development will be reviewed administratively by City staff as part
of the site plan and building permit process in order to ensure that all aspects of the code not
specifically considered here are in compliance with the Zoning and Building Codes.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
The Comprehensive Plan, drafted in 1997, has the following to say about residential parking
demand in the downtown:
"Higher density housing in and around the downtown is an issue to be addressed in this district.
The logic of promoting higher density residential development in the Downtown Planning District
rests in the concept that people who live in and near downtown will walk to work (or classes in
the case of University students), will patronize downtown businesses, will add to after-hours
vitality, and create a sense of safety in the downtown. Higher density development in the
downtown also reduces pressure on the less dense older neighborhoods surrounding the
downtown. However, some downtown merchants and business owners feel the residential
population burdens the parking system in the district to the detriment of the businesses. The
issue will need to be debated and resolved, setting a clear policy for housing, parking, and
redevelopment in the Downtown Planning District."
Prior to 2009, residential uses in the CB-10 zone were not required to provide parking. In
response to concerns regarding the growing competition for parking in the Central Business
District, the City Council approved the current minimum parking requirements in the zoning
code, including the present special exception criteria to allow off -site parking in a municipal
parking facility. At this time the Director of Transportation Services has determined that there is
adequate capacity within the Dubuque Street parking facility to provide the requested 12
spaces.
The proposed mixed -use building will include twenty-four 1-bedroom apartments and two 2-
bedroom apartments. Staff believes the proposal for 1-bedroom units will add to the diversity of
housing opportunities in Downtown Iowa City for long-term renters or owners, which will in turn
help support a diversity of businesses in the Central Business District.
STAFF RECOMMENDATION:
Staff recommends approval of EXC10-00013, an application submitted by Marc Moen for a
special exception to allow 2 on -site above -ground structured parking spaces and 12 off -site
parking spaces in a municipal parking facility to satisfy the minimum parking requirements for a
mixed -use building to be constructed in the Central Business (CB-10) zone at 114 S. Dubuque
Street, subject to the following conditions:
The applicant must submit the required agreement for off -site parking prior to securing a
building permit. The agreement shall include the following conditions:
o The permits shall only be available to residents of 114 South Dubuque Street at a
cost not to exceed the market rate determined by the Director of Transportation
Services at the time of leasing.
o The property manager must provide the Director of Transportation the name,
license plate number, and address of all permit holders. Permits will only be
granted to residents with the primary address of 114 South Dubuque Street.
The final building plan is generally consistent with the plan submitted as part of this
application with regard to the design for the retail and office floors, and the residential unit and
bedroom mix and must comply with the Central Business Site Development Standards as set
forth in the Zoning Code.
ATTACHMENTS:
1. Definition of pedestrian orientation.
2. Aerial views of the proposed location.
3. Location map.
4. Application materials.
5. Correspondence
Approved by: A4461
Robert Miklo, enior Planner,
Department of Planning and Community Development
Defining Pedestrian Oriented Development in the Downtown
In reviewing past cases the Board has asked for clarification regarding the meaning of a
"pedestrian -oriented" in terms of the Comprehensive Plan's downtown focus. The term
pedestrian -oriented, as it is used in the Comprehensive Plan and the Zoning Code, applies to
the built environment. This includes things like street connectivity, sidewalks, block length,
permitted land uses and the mix of uses; residential density, compact development, etc. The
term should not be confused with a policy that people should not possess or use cars or that the
City should prohibit all parking. Instead pedestrian -orientation means ensuring that the
maximum amount of land will be devoted to uses that encourage people to live, shop, visit, or
spend time in the area without needing to use a car to travel from place to place, and that
vehicles and parking are managed so that they do not detract from the pedestrian enviornment.
The Zoning Code provides some additional clarification in section 14-5A-3:
"Certain areas and zones of the City are subject to a limit on the amount of parking
provided due to a desire to foster compact, pedestrian -oriented areas close to the
downtown, the University, and in neighborhood commercial areas adjacent to residential
neighborhoods. The maximum parking standards are a tool to prevent the development of
excess parking capacity on a site. Limiting the amount of land devoted to parking will
make additional land available for building area, open space, pedestrian amenities, and
other productive uses and will reduce storm water runoff and protect water quality by
limiting the amount of impervious surface on a site. To further that goal, off-street
parking in the central business district is generally provided in municipally owned
parking facilities, rather than in private surface lots or structures. Providing
conveniently located public parking facilities reserves land in the downtown for
more intensive commercial and civic uses and prevents large surface parking lots
from damaging the pedestrian -friendly character of the central business district."
... also, in the description of the intent of the CB-10 zone in section 14-2C-11:
"The purpose of the Central Business Zone (CB-10) is to be the high density, compact,
pedestrian -oriented shopping, office, service, and entertainment area in Iowa City.
Development and redevelopment in this zone should occur in compact groupings, in order
to intensify the density of commercial spaces, while increasing the availability of open
spaces, plazas, or pedestrian ways. This zone is intended to accommodate a wide range
of retail, service, office and residential uses. Auto -oriented uses are not permitted except
as specifically provided. Consolidated off-street loading and service facilities should be
provided wherever practical with access provided from public service alleys or courts.
Private off-street parking is strictly regulated in order to preserve valuable land for
active building uses and to maintain a pedestrian -oriented streetscape. To support a
healthy and vibrant commercial core, development of mixed use buildings with residential
uses located above storefront commercial uses is encouraged."
10
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APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE: 3/12/12 PROPERTY PARCEL NO.
PROPERTY ADDRESS: 114 S . Dubuque St
1010377007
PROPERTY ZONE: C B 1 0 PROPERTY LOT SIZE: 3 , 240 sq ft
APPLICANT: Name: Marc B . Moen
Address: 221 E. College #1301
Phone: 319.430.3010
CONTACT PERSON: Name:
(if other than applicant)
Address:
Phone:
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 email sarah-waiz@iowa-city.org.
Purpose for special exception: onsite & offsite parking
Date of previous application or appeal filed, if any:
ATTACHMENT TO APPLICATION FOR SPECIAL EXCEPTIONS SUBMITTED
FROM: MARC B. MOEN
RE: PROPOSED MIXED USE DEVELOPMENT FOR 114 S. DUBUQUE STREET
DATE: MARCH—, 2012
Applicant requests a special exception for parking for the proposed development at 114 S.
Dubuque Street. The proposed development is a 14 story mixed use building consisting of main
floor retail, 2"d floor retail/office; 3rd floor office; 4th floor office and residential condominiums on
levels 5 through 14. .
Specifically applicant requests that 2 parking spaces be allowed on the main floor within the
exterior walls of the building. Normally structured parking on the main floor is not to be within the
first 50 feet of the building depth as measured from the front Building line. Applicant requests that
the 50' distance be reduced because meeting such requirement is not possible on this site. The
entire site is only 40' x 80'. The proposed development will add dynamic retail space on the
main level and mezzanine. The mezzanine extends above the 2 parking spaces and overlooks
the main level. The first floor is 18' floor to floor which allows height for mezzanine space above
the parking spaces. When the mezzanine space is included, the square footage committed to
retail is approximately the same as it would be without the parking and no mezzanine. The west
and north fagade of the main floor is glass and the retail space will be highly visible from
Washington Street, Blackhawk Park, and from the Dubuque Street Pedestrian Plaza. A
rendering of the proposed building is attached. The proposed building is a dense infill project,
which would greatly enhance the overall downtown experience and would increase the tax base
from a current assessed value of about $500,000 to and assessed value of about 10 million
dollars. The quality of the design and materials will enhance the commercial character of the
Central Business District. The first four levels of the building will be quality retail and class "A"
office space. The proposed structured main floor parking is for the 2 story penthouse units on
levels 13 & 14. The 2 spaces are necessary to make these large, luxury units marketable.
Ingress and egress of the parking would be on the alley and the 2 spaces would not have any
impact of vehicular or pedestrian traffic.
Applicant also requests off -site parking in a municipally -owned parking facility. Specifically,
applicant requests 12 spaces in the Dubuque Street Parking facility. Due to the small footprint of
the site, it is not feasible to construct subgrade parking. The 12 spaces are for the 24 one
bedroom residential units on levels 5 through 12 (3 units per floor on 8 levels). While the
developer needs the flexibility to lease the residential units, the common goal of lenders, the City
and the developer is that these units be sold. The residential units are designed for permanent
population and at a price point that will attract more entry-level buyers. It is critically important to
have nearby parking available to effectively market these condominiums for sale. The Director of
Planning and Community Development in consultation with the Director of Transportation
Services and the City Manager or designee have substantiated that with the addition of these 12
parking spaces the capacity of the Dubuque Street parking facility will not be exceeded. There is
capacity in the subject facility for long-term parking and leases will be secured from the City.
ATTACHMENTS:
-Site Plan
•1st level plan'
•Mezzanine level piano
-Office level Plano
*Rendering
°mechanical systems and required facilities (such as fire command room) may create small variations to the plan
-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 proposed exception is for limited Parking (2 spots) onsite and for additional
spaces in the Dubuque Street parking facility. The onsite parking will enter and
exit on the alley. These proposed exceptions 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 and impair property values in the neighborhood.
The proposed project will enhance property values in the area and
the proposed exception involves only 2 parking spaces onsite. I own
the building across the alley to the south. The other buildings in the
area are the Public Library and the Paul Helen Building. These 2
parking spaces will not be injurious to the use and enjoyment of
properties in the immediate vicinity.
3. Establishment of the specific proposed exception will not impede the normal
and orderly development and improvement of the surrounding property for
uses permitted in the district in which such property is located.
The proposed exceptions will not in any way impede normal and orderly
development and improvement of the surrounding property. The 2
parking spaces onsite would not adversely impact development of any
property for uses permitted in the surrounding area.
4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
None of the items listed in item #4 are necessary to accommodate the proposed
exceptions. The access required for the 2 onsite parking spaces is via the alley on
which the site is located.
-4-
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
Access to the 2 parking spaces is via the alley on which the site is located.
With only 2 parking spaces onsite the onsite parking will not create any 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 14.4E as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K) j
See attached
7. The proposed use will be consistent with the Comprehensive Plan of the
City.
The proposed use is consistent with the
Comprehensive Plan and provides the type of uses
identified by city staff and consultants that are needed
and desirable in the CB-10.
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NEUMANN MONSON REFER TO DRAWING ON SHEET P,,p,,.l R,01 Nn
A R C H I T E C T S 114 S. DUBUQUE ST.
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A R C H I T E C T S 114 S. DUBUQUE ST.
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NEUMANN MONSON
A R C H I T E C T S 114 S. DUBUQUE ST,
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A106
To: City of Iowa City Board of Adjustment
From: Matt Hartz, New Pioneer Co-op
RE: Pending special exception application for 114 S. Dubuque
Date: April 6, 2012
Dear Board of Adjustment:
New Pioneer Co-op supports the strengthening of downtown Iowa City through
density of development where appropriate. Marc Moen is seeking a special
exception for the pending project at 114 S. Dubuque. As we understand it, Mr. Moen
is seeking a special exception that would place twelve of the required fourteen
residential parking spaces for the development in the Dubuque Street parking
structure. The addition of quality residential units and Class A commercial space is a
benefit to the downtown, and thus we write this letter in support of the special
exception.
Respectfully,
Matt Hartz,
New Pioneer Co-op General Manager
To: Board of Adjustment
Item: EXC12-0005
108 McLean St.
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Travis Kraus, Planning Intern
Date: April 11, 2012
Applicant: Parish Apartments, LLC
3801 Beverly Road SW, Suite 300
Cedar Rapids, Iowa 52404
319.390.0013
Contact: Paul Anderson — MMS Consultants, Inc.
1917 S Gilbert St.
Iowa City, Iowa 52240
319.351.8282
Requested Action:
Historic Preservation Exception
Purpose: To reduce minimum parking area aisle width
requirement from 22 feet to 17 feet; the
requirement applies to aisles adjacent to parking
lots with two-way traffic
Location:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
Applicable code sections:
108 McLean Street
1.25 acres
OPD-RNS-20
North: Residential (RNS-20)
South: Residential (RNS-20)
East: Residential (RNS-20)
West: Residential (RS-5)
14-4B-3AGeneral Criteria
14-213-8 Historic Preservation Exception
14-5A-5 Construction and Design Standards
(Parking Areas)
File Date: March 13, 2012
BACKGROUND:
The building at 108 McLean Street was built in 1929 as the Sigma Pi Fraternity House. In the
1940s, the Catholic Diocese of Davenport purchased the property for use a rectory and parish
hall. In 2009 the church moved to a new location and sold 108 McLean Street to Parish House
Apartments LLC, which is currently in the process of converting the building to 16 one -bedroom
apartments.
The existing structure contributes significantly to the character of the neighborhood. A study
conducted by the Historic Preservation Commission determined that the structure is eligible for
listing on the National Register of Historic Places. The applicant is in the process of having the
property designated as an Iowa City Historic Landmark (a requirement necessary for
consideration of this special exception). The City Council approved the first reading of an
ordinance designating 108 McClean Street as a Landmark and is scheduled approve final
adoption of the ordinance on May 1. The property was recently rezoned to include a Planned
Development Overlay (OPD) with a Sensitive Areas Development Plan (SADP) in an effort to
develop the property while protecting the sensitive natural features.
The proposed multi -family use requires a minimum of 16 parking spaces. The existing parking
area provides just 12 spaces. The applicant proposes to add 5 spaces on the west side of the
building. The existing driveway, which provides the only access to the parking area, is just 10 feet
wide, which meets the code standard for driveways providing access to fewer than 18 spaces.
However the code requires that aisle behind the parking spaces must be at least 22 feet wide.
The applicant is requesting a proposed reduction of the minimum aisle width from 22 feet to 17
feet in order to minimize new paved surface and the impact of development on existing trees. The
applicant has indicated that the reason for the request is to minimize paving and grading of the
site in order to preserve the existing grove of mature oak trees and the historic character of the
property.
Section 14-213-8 of the zoning code provides for a Historic Preservation Exception by which the
Board may grant a special exception to waive or modify any dimensional or site development
standard that would prevent the use or occupancy of a property designated as an Iowa City
Landmark or registered on the National Register of Historic Places.
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 specific criteria included for Section 14-26-8 pertaining to adjustments to the principal
setback requirements in addition to the general approval criteria for special exceptions as set
forth in Section 14-413-3A.
The applicant's comments regarding each of the general standards are included on the attached
application form. Staff comments related to the specific and general approval criteria are set forth
below.
Special Provisions (14-213-8)
A. Historic Preservation Exceptions:
a. The modification or waiver will help preserve the historic, aesthetic, or cultural
attributes of the property.
Staff believes the application satisfies this criterion based on the following findings:
Modification of the aisle width from 22 feet to 17 feet will make the reuse of this historic property
feasible allowing for the preservation of the historic building and its picturesque site. Strict
adherence to the requirements would require more extensive grading and paving that would
likely result in the loss of additional oak trees and possible damage to the critical root zone of
other trees. The expense of additional site work and paving would make the re -investment in
this property less likely.
b. The applicant must obtain a certificate of appropriateness from the historic
preservation commission.
On March 9 the Historic Preservation Commission reviewed the proposed site work and
approved the plan including the reduced aisle width. Assuming that the Council approves the
ordinance designating this property as a Landmark, any future exterior alterations to the
property that require a building permit will be subject to compliance with the guidelines
contained in the Historic Preservation Handbook.
General Standards (14-413-3)
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare. .
Staff believes the application satisfies this criterion based on the following findings
The proposed exception will primarily affect users of the parking lot, and result in minimal traffic
generation to and from the site. Motorists may need to yield for brief periods if vehicles happen to
arrive and leave the driveway at the same time, but as noted below under standard 5 this should
result in minimal congestion on McLean Street.
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.
Staff believes the application satisfies this criterion based on the following findings:
Rather than removing additional mature oak trees for the sake of increased paved surface, the
proposal preserves the trees that contribute to the overall aesthetic quality and that serve as a
buffer from the adjacent property. The proposed aisle width reduction would likely be preferable
for neighborhood property owners as opposed to the removal of trees and wider aisle.
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.
Staff believes the application satisfies this criterion based on the following findings:
A 5 foot reduction of the minimum aisle width for the subject property does not impede the
normal and orderly development and improvement of the surrounding property.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
Staff believes the application satisfies this criterion based on the following findings:
The adequate utilities, access roads, drainage and/or necessary facilities are apparent on the
Approved OPD Site Plan for this property. See standard 5 below regarding access roads.
5. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets.
Staff believes the application satisfies this criterion based on the following findings:
The parking lot will primarily be used by the occupants of the building, and the existing/proposed
parking lot will adequately serve a low volume of traffic. The one -lane aisle serves traffic going
both directions and would require that drivers alternate use of the aisle and driveway if vehicles
happen to arrive and leave the property at the same time, but the impact on public streets would
likely be negligible. The site plan shows additional driveway paving for a total width of 20 feet at
the intersection of the driveway with McLean Street. This additional paving is intended for a fire
lane and will establish a staging area for emergency equipment in the event of a fire at the
property. It may also serve as a waiting area where a motorist entering the driveway could idle
their vehicle to allow an exiting motorist to pass. Therefore there should be little congestion on
McLean Street as a result of the reduced parking aisle width.
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.
Staff believes the application satisfies this criterion based on the following findings:
Aside from the proposed exception, the parking lot and aisle conform to the applicable
regulations or standards of the zone. Furthermore, the exception would make the minimum aisle
width equal to the requirement for one-way traffic for parking lots with compact vehicles as
depicted in Figure 5A.2 of Section 14-5A-5.H.2. The width of the existing contiguous lane
between the street and the parking spaces will likely result in alternating traffic, meaning the aisle
will only be able serve vehicles moving one direction at a time.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
Staff believes the application satisfies this criterion based on the following findings:
The Comprehensive Plan promotes the preservation of historic properties as well as
environmentally sensitive areas. Reducing paving requirements to allow the reuse of this historic
property while at the same time minimizing potential negative effects on the grove of mature oak
trees on this property, complies with both of these policies.
STAFF RECOMMENDATION:
Staff recommends approval of an application submitted by Parish Apartments LLC to reduce the
minimum aisle requirement 22 feet to 17 feet to allow minimize paved surfaces and preserve
existing oak trees for a multi -family use located in the Planned Overlay Development /
Neighborhood Stabilization Residential Zone (OPD/RNS-20) zone at 108 McLean Street.
ATTACHMENTS:
1. Location map
2. Application materials
Approved by: /-
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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APPLICATION TO THE
BOARD OF ADJUSTMEN
Z:
SPECIAL EXCEPTIOFfP��,,`' 4
DATE: March 13 , 2-012 PROPERTY PARCEL NO. lbn
PROPERTY ADDRESS: 10B McLean S- k e--4
PROPERTY ZONE: O P D- R N S- ZO PROPERTY LOT SIZE: 1. 2 5 A C
APPLICANT:
CONTACT PERSON:
(if other than applicant)
PROPERTY OWNER:
(if other than applicant)
Name: 1'QrlsV) Apc y4 m en s L L C.
Address: ► vcAu1Q 2)00
ce-dar Paq) j ' za 5 2'-1011
Phone: 31q- 3qo-oo13
Name: 1au4 A-nd rson - MIMS (onsu HacrLlnc
Address: Iq 1 -1 S CsMoeyA S-4Ye e_-i•
-ou:q Giy,zrA 522gp
Phone: .31q-351-bL 2-
Name:
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.
1 -o H -5A-5.I\.z.-b al1o,o 41' uu', de aisle 1xh+ncl com�aca po y',n
S pacis e s` pru\Aded I n I- 2 B- g p. 3
Purpose for special exception: See A Nachc fnu)l
Date of previous application or appeal filed, if any: N 1 P
-2-
In order for your application to be considered complete, you must provide responses to all of the
information requested below. Failure to provide this information may delay the hearing date
for your application. A pre -application consultation with Planning staff is STRONGLY
recommended to ensure that your application addresses all of the required criteria.
As the applicant, you bear the burden of proof for showing that the requested exception should be
granted. Because this application will be presented to the Board of Adjustment as your official
statement, you should address all the applicable criteria in a clear and concise manner.
INFORMATION TO BE PROVIDED BY APPLICANT:
A. Legal description of property (attach a separate sheet if necessary):
You can find the legal description and parcel number for your property by doing a parcel
search for your address on the Assessor's website at www.iowacity.iowaassessors.coml
or by calling 319-356-6066.
B. Plot Plan/Site Plan drawn to scale showing all of the following information:
1. Lot with dimensions;
2. North point and scale;
3. Existing and proposed structures with distances from property lines;
4. Abutting streets and alleys;
5. Surrounding land uses, including location and record owner of each property
opposite or abutting the property in question;
6. Parking spaces and trees - existing and proposed.
7. Any other site elements that are to be addressed in the specific criteria for your
special exception (i.e., some uses require landscape screening, buffers, stacking
spaces, etc.)
C. Specific Approval Criteria: In order to grant a special exception, the Board must find that
the requested special exception meets certain specific approval criteria listed within the
Zoning Code. In the space below or on an attached sheet, address each of the criteria that
apply to the special exception being sought. Your responses to these criteria should just
be opinions, but should provide specific information demonstrating that the criteria are
being met. (Specific approval criteria for uses listed as special exceptions are described in 14-413-4
of the Zoning Code. Other types of special exceptions to modify requirements for the property are
listed elsewhere in the Code.)
IF YOU DO NOT KNOW WHERE TO FIND THE SPECIFIC CRITERIA THAT MUST BE
ADDRESSED, please contact Sarah Walz at 356-5339 or e-mail sarah-walz@iowa-
city.org! Failure to provide this information will constitute an incomplete application
and may lead to a delay in its consideration before the Board of Adjustment.
f
-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.
2.
3.
The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or general welfare.
See A"cNclnmenA
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.
See. A- d Q6a mcn4
Establishment of the specific proposed exception will not impede the normal
and orderly development and improvement of the surrounding property for
uses permitted in the district in which such property is located.
See Ak4ochmen4
4. Adequate utilities, access roads, drainage and/or
been or are being provided.
Sue /�ae.chmer�-}
necessary -facilities have
-4-
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
See A tAaChmertia
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).]
See A "cichrneO4
7. The proposed use will be consistent with the Comprehensive Plan of the
City.
See A"a,hme,(,4
Lei
E.
-5-
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:
A nacho - (-A
NAME
ADDRESS
In
NOTE: Conditions. In permitting a special exception, the Board may impose appropriate
conditions and safeguards, including but not limited to planting screens, fencing,
construction commencement and completion deadlines, lighting, operational controls,
improved traffic circulation requirements, highway access restrictions, increased minimum
yard requirements, parking requirements, limitations on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the circumstances
upon a finding that the conditions are necessary to fulfill the purpose and intent of the
Zoning Chapter. (Section 14-8C-2C-4, City Code).
Orders. Unless otherwise determined by the Board, all orders of the Board shall
expire six (6) months from the date the written decision is filed with the City Clerk,
unless the applicant shall have taken action within the six (6) month period to
establish the use or construct the building permitted under the terms of the
Board's decision, such as by obtaining a building permit and proceeding to
completion in accordance with the terms of the permit. Upon written request, and
for good cause shown, the Board may extend the expiration date of any order
without further public hearing on the merits of the original appeal or application.
(Section 14-8C-1 E, City Code).
Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved
by any decision of the Board under the provisions of the Zoning Chapter, or any
taxpayer or any officer, department or board of the City may present to a court of
record a petition for writ of certiorari duly verified, setting forth that such decision
is illegal, in whole or in part, and specifying the grounds of the illegality. (Section
14-8C-1 F, City Code). Such petition shall be presented to the court within thirty (30)
days after the filing of the decision in the office of the City Clerk.
Date:
Date:
ppdadmin\application-boase.doc
20 �? PmA ADaA#%4 L LC
7 Signature(s) of App cant(s)— Md
20
Signature(s) of Property Owner(s)
if Different than Applicant(s)
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MMS CONSULTANTS, INC..
IOWA CITY IOWA I CEDAR RAPIDS IOWA
OFFICE: 319-351-8282 OFFICE: 319-841-5188
Your Vision + Our Innovation = Inspired Results
Attachment to Application to the Board of Adjustment, Special Exception
For 108 McLean Street March 13, 2012
�..._ 17
Responses i v
Responses to requested information: -
Purpose for special exception:
m An important goal in the re -development of this property is Preservation of the Historical
Building and its setting. The owner/applicant is in the process of including of the property as
Iowa City and National Land Marks. In accordance with this goal, the addition of new pavement
is to be minimized. The requested reduction in the aisle width reduces the intrusion of new
zpavement under the drip line of mature Oak trees that are a key aesthetic component of the site.
d
C. This exception allows re -development of the property to serve its new use while protecting the
significant Oak trees on the site to the maximum extent practical. The site design is a balance of
0 using the existing pavement as is to its fullest extent possible and adding the minimum amount of
new pavement to provide the required parking and access for the new use while protecting the
existing trees. Specifically, the requested reduction of the aisle width behind the 5 compact
parking spaces on the west side of the building protects the adjacent trees by limiting excavation
and impervious cover within their root zone.
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D.1. The proposed exception will not be detrimental to or endanger the public health, safety,
comfort, or general welfare as it is a request to provide a one way aisle behind parking spaces in
a situation where the entire parking lot will be served by a contiguous one way drive. One way
r traffic will be established at this location by virtue of the existing one way drive, so no additional
a impact is anticipated by including this one way aisle.
The existing drive from the street to the location of the 5 compact parking spaces and the
requested adjacent one way aisle is 10 feet wide. This feature is allowable as a one way drive
> under section 14-5D-5.H.3 as there are less than 18 parking spaces planed on the property. There
are 17 proposed parking spaces.
The 5 proposed compact parking spaces west of the building and the proposed 17 foot wide aisle
adjacent to them are contiguous to the existing 10 foot wide one way drive. The dimensions of
these parking spaces and aisle conform to Figure 5A.2 for 90' parking for compact vehicles. The
requested special exception is to provide the 17 foot wide aisle as an extension to the existing
one way drive rather than provide a 22' wide aisle as dictated in Section 14-5H-5.H.2.a. By
o minimizing the aisle width the amount of new pavement proposed is reduced resulting in a
reduced impact to a grove of existing mature Oak trees that are a significant component of the
a aesthetics of the building and property.
Because a one way traffic pattern is established by the existing 10 foot wide drive, providing a
one way aisle behind these parking spaces does not create an additional hazard on this property.
D.2. The requested exception is not located adjacent to any property line or the street frontage of
this property. The property has a substantial number and size of trees which provide shield the
view of activities on this property from the neighboring properties. It is also a request to reduce
1917 S. GILBERT ST. • IOWA CITY • IOWA 52240
WEBSITE: WWW.MMSCONSULTANTS.NET EMAIL: NIMS@MMSCONSULTANTS.NET
the amount of impervious surface to be added on the property. As such the requested reduction
will be minimally visible from adjacent properties and therefore not diminish and impair their
value.
D.3. The location of the requested special exception in the interior portion of this property does
not impede the normal and orderly development and improvement of the surrounding properties
as it does not influence buffers or setbacks on those properties.
DA. The utilities, access roads, drainage and/or necessary facilities required for re -development
of this property have been depicted on the Approved Final OPD Site Plan for this property.
Those facilities are existing, proposed or shown as modified as needed to adequately serve the
property.
D.S. Vehicular access for this property will continue to be accommodated using the existing 10
foot wide driveway. This driveway complies with applicable zoning regulations and is well
suited for the as anticipated low volume of traffic. The required parking for this property is
provided on site which will minimize any added demand for curbside parking on the adjacent
streets.
D.6. The aisle being considered in the special exception complies with all other regulations
within Section 14-5A-5, particularly it complies with the minimum required width for a one way
aisle as depicted in Figure 5A.2. The remaining portions of the parking areas and drive aisle on
this property also comply with Section 14-5A-5.
D.7. The proposed use of the aisle being considered and the re -use of the property are consistent
with the Comprehensive Plan.
DI§§
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STAFF REPORT
To: Board of Adjustment
Item: EXC12-00006
GENERAL INFORMATION:
Applicant:
Contact Person:
Property Owner:
Prepared by: Andrew Bassman, Planning Intern
Date: April 11, 2012
McDonald's USA
1650 W 82"d Street, Ste. 900
Bloomington, MN 55431
(952) 486-4163
Brian.Smith@us.mcd.com
Joel Jackson
Bishop Engineering
3501 104th Street
Urbandale, IA 50322
(515) 276-0467
jjackson@bishopengr.com
Archland Property I LLC
One McDonald's Plaza
Oak Brook, IL 60523
(630) 623-3526
doreen.evans(a-)-us.mcd.com
Requested Action: Special Exception to allow an expansion of an
existing drive -through facility in the Community
Commercial (CC-2) zone.
Purpose:
Location:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
Applicable code sections:
Convert the existing single -lane drive -through
facility to provide side -by -side order board lanes.
2440 Mormon Trek Blvd.
1.02 acres
Fast-food restaurant, CI-1 but in the process of
rezoning application to CC-2
North: Commercial; CI-1 and CO-1
South: Commercial; CI-1
East: Airport; P1 and commercial; CI-1
West: Commercial; CI-1 and CO-1
14-4C-2K-2 (Specific Criteria), 14-4B-3A (General
Criteria)
File Date: February 27, 2012
BACKGROUND:
The McDonald's restaurant located at the intersection of Mormon Trek Boulevard and Highway 1,
is requesting a special exception to expand its current drive -through facility. The applicant
proposes to eliminate 4 parking stalls located at the rear of the property in order to convert an
existing single -lane drive -through facility into a side -by -side drive -through, adding an additional
order board lane.
The drive -through circulates around the rear of the restaurant with the pick-up window located
on the west side of the building. The drive -through lane provides space for approximately 3
stacking spaces at the service window with a combined 5 stacking spaces at the order boards.
Additional cars would stack along the east side of the building.
The McDonald's restaurant is located adjacent to a car wash and gas station, and all are part of a
proposed rezoning application from CI-1 (Intensive Commercial) to CC-2 (Community
Commercial). All three share cross access drives. Under the current CI-1 zoning, the McDonald's
is a non -conforming use, and, as such, is not allowed to expand because restaurants are not a
permitted use in the CI-1 zone. So the special exception is contingent upon the rezoning of the
property to CC-2.
Drive -through uses are permitted by special exception only. Drive —through facilities associated
with restaurants are allowed only in the CC-2, Commercial Highway (CH-1) Central Business
Services (CB-2) zones.
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 specific criteria included for Section 14-4C-2K-2 pertaining to drive -through facilities in
addition to the general approval criteria for special exceptions as set forth in Section 14-4B-3A.
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 Standards (14-4C-2K-2)
a. The number of drive -through lanes, stacking spaces and paved area necessary for the
drive -through facility will not be detrimental to adjacent residential properties or detract
from or unduly interrupt pedestrian circulation or the commercial character of the area
where it is located. To promote compatibility with surrounding development, safe
pedestrian access, and efficient and safe vehicular circulation on the site, the Board of
Adjustment may require certain conditions, including, but not limited to, restricting the
location of the drive -through to rear or side access, requiring directional signage, limiting
the number of lanes and/or amount of paving, and limiting or prohibiting the use of
loudspeaker systems.
Staff believes the application satisfies these criteria based on the following findings:
• The nature of the existing uses adjacent to McDonald's—a car wash and gas
station —and the presence of a drive -through already at McDonald's make the
proposed expansion consistent with the commercial character of the area.
• The submitted site plan shows space for at least 4 cars to stack at the order boards,
in order to improve the efficiency of the drive -through facility.
• There is space for 3 cars to stack between the order boards and the pick-up window.
• The site plan shows that the pavement along the drive -through will be marked with
directional arrows, and signs are posted at the entrance to the drive -through.
• The site plan shows that pedestrian access is provided from the Mormon Trek right-
of-way (sidewalk) at the southeast corner of the property. Pavement markings are
shown on the site plan and are a requirement of the parking area design standards.
• The site plan for the drive -through expansion shows that the McDonald's lot meets
the minimum parking requirements based on square foot of floor area of the
restaurant, set forth in the commercial site development standards.
b. The transportation system is capable of safely supporting the proposed use in addition
to the existing uses in the area. Evaluation factors include street capacity and level of
service, effects on traffic circulation, access requirements, and pedestrian safety. An
adequate number of stacking spaces must be provided to ensure that traffic safety is not
compromised.
Staff believes the application satisfies these criteria based on the facts provided in No.2a
(above) and the following findings:
• The McDonald's restaurant is located in a high -traffic area, at the corner of Mormon
Trek Boulevard and Highway. Both roads are designed to handle the level of traffic
generated by this kind of retail uses.
• Because the drive -through is located to the rear of the building, there is sufficient
space for vehicles to stack before reaching the entrance from Riverside Drive.
• The drive -through circulation is not in conflict with pedestrian access to the
restaurant —the site plan shows that entrances to the restaurant are provided on the
south side of the building. Pedestrian access is therefore appropriately from
Riverside Drive.
• The addition of a second drive -through lane is intended to provide more efficient
service, minimizing the amount of time that cars are stacked along the south side of
the building.
• Cross access drives with the adjacent commercial properties are designed to provide
the circulation needed between sites; cross access on the north side of the site
provides an appropriate alternative (secondary) access point.
c. The drive -through lanes must be set back at least 10 feet from adjacent lot lines and
public rights -of -way and screened from view to the S2 standard. If the drive -through is
located adjacent to a residential use or property zoned Residential, it must be screened
from view of these properties to at least the S3 standard. The Board of Adjustment may
increase or reduce these standards according to the specific circumstances affecting the
site.
Staff believes the application satisfies these criteria based on the facts provided above
and the following findings:
• The drive -through lanes meet the 10-foot setback from adjacent lot lines and public
rights -of -way requirement.
• The submitted site plan shows added S-2 screening along the east and south
property lines. Screening is also provided at the rear (north) side of the drive -through.
• Staff recommends waiving the requirement for S2 screening along the west property
line due to the change in grade between the two abutting properties. The site plan
does show the addition of shade trees in this area in order to meet the parking area
design standards in the code.
2d. Lighting for the drive -through facility must comply with the outdoor lighting standards
set forth in Article 14-5G and must be designed to prevent light trespass and glare onto
neighboring residential properties.
Staff believes the application satisfies these criteria based on the following findings:
• Staff recommends that the property lighting be reviewed by the Building
Department as part of the building permit process. All lighting standards must be
met in order for a building permit to be issued.
• The drive -through area location and traffic circulation for the drive -through are
directed behind the building and are not in view of residential zones.
General Standards (14-413-3)
1. The specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare.
In addition to the findings provided under specific criteria above with regard to vehicle
access, drive -through location, and directional signage and markings, staff believes the
application satisfies this criterion based on the following findings:
• Mormon Trek Boulevard and Highway 1 are both designed to serve the levels of
traffic generated by CC-2 uses such as the one proposed.
• The drive -through lanes are located more than 200 feet from the public street.
• Cross access drives with the adjacent properties provide appropriate circulation for
the proposed use.
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 findings provided under the specific standards and general standard 1,
staff believes the application satisfies this criterion based on the following findings:
• The proposed drive -through facility is located at the rear of the building and the
subject property is surrounded by other commercial uses.
• Views of the drive -through will be minimized by installation of S2 screening along
the south and east property lines where the property is in view of the Mormon Trek
and Highway 1 rights -of -way.
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 provided above regarding circulation, setbacks, and screening, staff
believes the application satisfies this criterion.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
For the reasons provided under the specific criteria above regarding compatibility with
the nature of adjacent uses, staff believes the application satisfies this criterion.
• No additional utilities, drainage or other necessary facilities will be needed for this
expansion.
• The site plan indicates that the applicant intends to remove storm sewer intake and
a section of the gutter at the east end of the lot but also plans to replace the storm
sewer intake and section of gutter based on the approval of the City Engineer.
• Cross access drives with the adjacent properties provide appropriate circulation for
the proposed use.
S. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets.
For the reasons provided under the specific criteria above regarding vehicle circulation
and stacking space, staff believes the application satisfies this criterion.
• Because the drive -through is located to the rear of the site, with traffic circulating
behind the commercial building, there is adequate space for vehicles to stack such
that this will not interfere with public streets.
• The cross access drives that serve the site are designed to control ingress and
egress to minimize congestion on the public streets.
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 site plan must be submitted for final site plan review and building permit. The
Building Official will review the plan to determine that all applicable zoning
requirements are satisfied. All applicable zoning requirements must be met in order
for a building permit to be issued.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
Staff believes the application satisfies this criterion based on the following findings:
• The Comprehensive Plan identifies the area where the McDonald's is located as
general commercial, an area intended to provide opportunity for a large variety of
commercial uses that serve a major segment of the community.
• Due to the location of this area near the highway interchange, these businesses serve
a regional market rather than just surrounding neighborhoods, and, at a major
entrance to the community, appearance of this corridor is an important component of
the economic development of the area.
STAFF RECOMMENDATION: Staff recommends approval of EXC12-00006, a special
exception to allow an expansion of the existing drive -through facility at 2440 Mormon Trek
Boulevard, subject to the following conditions:
• Substantial compliance with the site plan submitted, including signage and pavement
markings indicating the one-way circulation of the drive and marking of the pedestrian
areas at the front of the store;
• Approval by the Building Official of the final site plan, lighting plan, and any new signage
for the site; and
• The subject property must be rezoned to Community Commercial (CC-2).
ATTACHMENTS:
1. Aerial views of the proposed location.
2. Location map
3. Site plan
4. Application materials
Approved by: IA"'-1W4
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE. February 27th, 2012
PROPERTY PARCEL NO. 1020165011
PROPERTY ADDRESS: 2440 Mormon Trek Blvd
PROPERTY ZONE: Proposed: CC-2
PROPERTY LOT SIZE: 1.02 Acres
APPLICANT: Name: McDonald's USA, LLC (Brian Smith)
Address: 1650 W 82nd St, Suite 900, Minneapolis, MN 55431
Phone: 952-486-4163
r
c.
F-P -
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CONTACT PERSON: Name: Bishop Engineering (Joel Jackson)
(if other than applicant) r a
Address: 3501 104th St, Urbandale, IA 50322 -} r
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Phone: 515-276-0467;
C }
PROPERTY OWNER:
(if other than applicant)
Name: Archland Property I LLC
Address: One McDonald's Plaza, Oak Brook, IL 60523
Phone: 630-623-3526 (Doreen Evans)
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 email Sarah-walz@iowa-city.org.
14-4B-4 Section B-10-b: Drive-thru windows and drive-thru lanes are prohibited.
Purpose for special exception: To covert the current single lane drive-thru to a side -by -side drive-thru
Date of previous application or appeal filed, if any: N/A
-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.
We will be converting the singe lane drive-thru to a side -by -side drive-thru, allowing for vehicles to go
through the drive-thru at a faster pace. This will have positive affects on the site and surrounding area
by reducing drive-thru stacking and reducing vehicle wait times. This time reduction will in turn, not only
reduce greenhouse gas emissions but also increase the visual affects to the site by not having as many
vehicles stacked, waiting for the drive-thru. It shall also be noted that the building is being remodeled as
part of the process, making the building much more desirable to the City of Iowa City and it's citizens.
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 adjacent land owners are a gas station to the west, car wash to the north and used car lot to the
northeast. The areas directly adjacent the drive-thru improvements are the gas station and car wash, on
the rear portion of the site, away from public street view. A drive-thru is consistent with the surrounding land
uses.
3. Establishment of the specific proposed exception will not impede the normal
and orderly development and improvement of the surrounding property for
uses permitted in the district in which such property is located.
The site will not be modified regarding circulation from its existing form. The surrounding properties
are already developed and function consistent with driver expectation and well developed, defined
circulation paths. Access onto and off of the subject property is via easement over the gas station to
the west and car wash from the north. r
4. Adequate utilities, access roads, drainage and/or necessary` -facilities have
been or are being provided.
All existing utilities and access points will be used and maintained. No additional facilities will be
necessary for the scope of this project.
-4-
6. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
Our site access is via private ingress/ egress over the adjacent properties. Stacking and access on
our site will not directly have any negative impacts on the 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 (14-6A through K)J
We agree that to the best of our knowledge, we are or will be in compliant will all applicable city codes
relevant to the development of the site plan and it's associate improvements.
7. The proposed use will be consistent with the
City.
The Comprehensive Plan designation is highway commercial
this designation.
Comprehensive Plan of the
McDonald's as a use meshes well with
C71,
Ce :7 ry
C-) — . Ftia
STAFF REPORT
To: Board of Adjustment
Item: EXC11-00005
804 S. Riverside Drive
GENERAL INFORMATION:
Applicant:
Contact Person:
Property Owner:
Prepared by: Sarah Walz
Date: April 11. 2012
McDonald's USA
1650 W 82nd Street, Ste. 900
Bloomington, MN 55431
(952) 486-4163
Brian.Smith@us.mcd.com
Joel Jackson
Bishop Engineering
3501 104th Street
Urbandale, IA 50322
(515) 276-0467
jjackson@bishopengr.com
Dallas Robertson
4293 Maureen Terrace
Iowa City, IA 52240
David Robertson
2260 Balsam Court
Iowa City, IA 52240
Requested Action: Special Exception to allow an expansion of an
existing drive -through facility in the Community
Commercial (CC-2) zone.
Purpose:
Location:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
Applicable code sections:
Convert the existing single -lane drive -through
facility to provide side -by -side order board lanes.
804 S. Riverside Drive
Approximately 1 acre
Commercial (CC-2)
North: Vacant (CC-2) and Public Park (P-1)
South: Commercial (CC-2)
East: Vacant (CC-2)
West: Commercial (CC-2)
14-4B-3A (General Criteria), 14-4C-2K (Drive -
through criteria)
File Date: June 16, 2011
BACKGROUND:
The McDonald's restaurant at the corner of South Riverside Drive and Benton Street is
requesting a special exception to expand its current drive -through facility. The applicant
proposes to eliminate 10 parking stalls at the rear (east) property line in order to convert the
existing single -lane drive -through facility to provide side -by -side order board lanes. Based on the
square footage of the building, McDonald's would be required to provide 28 parking spaces; the
proposed site plan shows 47 parking spaces.
The drive -through circulates around the rear of the restaurant, where the order boards would be
located. The pick-up window is located on the north side of the building. The drive -through lane
provides space for approximately 6 stacking spaces at the window with a combined 6 stacking
spaces at the order board. Additional cars would stack along the south side of the building.
The special exception to establish the current drive -through facility was approved in 1998. At
that time the Board of Adjustment expressed some concern about the high level of traffic at
Riverside Drive and Benton Streets, but chose not to restrict two-way access to Riverside Drive.
In the findings they noted: "The situation at this intersection may result in delays, but if delays
are experienced by customers trying to access and leave the site, this may serve to discourage
use of the site at peak traffic time, and, in a sense, be a self-regulating mechanism to keep
vehicle trips at the restaurant at acceptable levels." Riverside Drive and Benton Street are
considered arterials streets.
Drive -through uses are permitted by special exception only. Drive —through facilities associated
with restaurants are allowed only in the CC-2, Commercial Highway (CH-1) Central Business
Services (CB-2) zones.
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 specific criteria included for Section 14-4C-2K pertaining to Drive -Through Facilities, in
addition to the general approval criteria for special exceptions as set forth in Section 14-4B-3A.
The applicant's comments regarding each of the general standards are included on the attached
application form. Staff comments related to the specific and general approval criteria are set forth
below.
Specific Standards (14-4C-2K)
a. The number of drive -through lanes, stacking spaces and paved area necessary for the
drive -through facility will not be detrimental to adjacent residential properties or detract
from or unduly interrupt pedestrian circulation or the commercial character of the area
where it is located. To promote compatibility with surrounding development, safe
pedestrian access, and efficient and safe vehicular circulation on the site, the Board of
Adjustment may require certain conditions, including, but not limited to, restricting the
location of the drive -through to rear or side access, requiring directional signage,
limiting the number of lanes and/or amount of paving, and limiting or prohibiting the use
of loudspeaker systems.
Staff believes the application satisfies these criteria based on the following findings:
• The proposed site plan shows space for at least 5-6 cars to stack at the order
boards in order to improve the efficiency of the drive -through.
• There is adequate pace for 5 cars to stack on the north side of the building in the
pick-up lane.
• The drive -through order boards are located at the rear of the site, behind the
building, and pavement markings along and traffic islands demarcate the drive -
through lanes from other vehicle circulation areas on the site.
• This property is surrounded by commercial properties and is not readily visible from
residential zones.
• The site plan shows that the pavement along the drive -through will be marked with
directional arrows, and signs are posted at the entrance to the drive -through.
• The site plan shows that pedestrian access is provided from the Riverside Drive
right-of-way. Pavement markings are shown on the site plan and are a requirement
of the parking area design standards.
b. The transportation system is capable of safely supporting the proposed use in
addition to the existing uses in the area. Evaluation factors include street capacity and
level or service, effects on traffic circulation, access requirements, and pedestrian safety.
An adequate number of stacking spaces must be provided to ensure that traffic safety is
not compromised.
Staff believes the application satisfies this criterion based on the facts provided under
criterion "a" (above) and the following findings:
• The property is accessed via curb cuts along Benton Street and South Riverside
Drive, which are both arterial streets. The intersection of Benton and Riverside is a
controlled intersection with turning lanes.
• Because the drive -through is located to the rear of the building, there is sufficient
space for vehicles to stack before reaching the entrance from Riverside Drive.
• The drive -through circulation is not in conflict with pedestrian access to the
restaurant —the site plan shows that entrances to the restaurant are provided on
the south side of the building. Pedestrian access is therefore appropriately from
Riverside Drive.
• The addition of a second drive -through lane is intended to provide more efficient
service, minimizing the amount of time that cars are stacked along the south side of
the building.
There are larger, long-term concerns about traffic flow and access requirements in this area,
which are addressed in the recommendation under General Criteria #4 below.
c. The drive -through lanes must be set back at least 10 feet from adjacent lot lines and
public rights -of -way and screened from view to the S2 standard. If the drive -through is
located adjacent to a residential use or property zoned residential, it must be screened
from view of these properties to at least the S3 standard. The Board of Adjustment may
increase or reduce these standards according to the specific circumstances affecting the
site.
Staff believes the application satisfies this criterion based on the following findings:
4
• The drive -through lanes meet the required set back standards on all sides of the
property.
• The submitted site plan shows the required S2 screening along Benton Street and
Riverside Drive.
• Because S2 screening is present on the Staples side of the south property line,
staff recommends no additional screening . The site plan indicates additional shade
trees in this area to satisfy the parking area standards.
• Staff recommends waiving the requirement for S2 screening along the east
property line as the existing retaining wall and change of grade serves as an
effective buffer and separation from the adjacent property to the east.
d. Lighting for the drive -through facility must comply with the outdoor lighting standards
set forth in Article 14-SG and must be designed to prevent light trespass and glare onto
neighboring residential properties.
Staff believes the application will satisfy this criterion based on the following findings:
• Staff recommends that the property lighting be reviewed by the Building
Department as part of the building permit process. All lighting standards must be
met in order for a building permit to be issued.
• The drive -through area location and traffic circulation for the drive -through are
directed behind the building and are not in view of residential zones.
General Standards (14-4B-3)
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
In addition to the findings provided under specific criteria above with regard to vehicle
access, drive -through location, and directional signage and markings, staff believes the
application satisfies this criterion based on the following findings:
• Riverside Drive and Benton Street are designed to accommodate the levels of
traffic generated by CC-2 uses.
• The drive -through lanes are located more than 100 feet from the entrance on
Riverside Drive.
• Access to Benton Street provides an alternative entry and exit point during peak
traffic times.
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 findings provided under the specific standards and general standard 1,
staff believes the application satisfies this criterion based on the following findings:
• The proposed drive -through facility is located at the rear of the building and the
subject property is surrounded by commercial (CC-2) uses.
• Views of the drive -through will be minimized by installation of S2 screening along
the Benton Street and Riverside Drive rights -of -way.
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 provided above regarding circulation, setbacks, and screening,
staff believes the application satisfies this criterion.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
Staff believes the application satisfies this criterion based on the following findings:
• All necessary utilities and drainage are available at this site. Any changes effecting
storm water drainage must be approved by the City Engineer.
• Benton Street and Riverside Drive are designed to support these sorts of intense
commercial uses.
At this time, the adjacent property to the east (the Mumm's property) and the northern
portion of the Staples site are vacant. Further to the south, on property formerly
occupied by Wendy's, a hotel is planned for development in the near future. As these
sites develop they will add to traffic congestion along the adjacent sections of Benton
Street and Riverside Drive.
One of the long-term goals expressed in the Southwest District Plan is to consolidate
curb cuts as properties redevelop. Consolidation of curb cuts relies on opportunities for
cross access between properties —these and changes fall into place over time and do
not happen at once. Because it is unlikely that the McDonald's property will redevelop
any time in the near future, the Board should consider the impacts of the site and the
intensity of the use on vehicle circulation for the larger commercial neighborhood and
frontage where it is located.
The access management standards in the zoning code state: "If a property with frontage
along an arterial street is proposed to be subdivided, developed, or redeveloped for an
Multi -family, Group Living, Commercial, or Industrial Use, a cross access easement
must be provided by the property owner to all adjoining properties that front on the same
arterial street that are or may be developed as Multi -Family, Group Living, Commercial,
or Industrial Uses."
At the time that the Staples property to the south was developed, the City required the
owner to provide cross access easements along both their north and south property line
in order to allow traffic to circulate between and across properties rather than relying on
multiple curb cuts along the arterial streets. The cross access easement agreement with
Staples provides opportunity for two access points along the property line shared with
McDonald's. One point would be located near McDonald's Riverside Drive entrance
drive at the southwest corner of the lot. The other shared access point would be at the
rear of the southeast corner of the McDonald's parking area.
Staff has reviewed these cross access points and, given the intensity of traffic near the
Riverside and Benton intersection, would not recommend requiring the cross access at
the southwest end (front) of the McDonald's lot unless the entrance drive from Riverside
Drive is closed and/or consolidated with the entrance drive to the Staples lot. It is staff's
view the cross access at the southwest (rear) corner of the McDonald's lot could be
opened to improve vehicle access across sites without jeopardizing safety for either
property. To be clear, this cross access is not required by code at this time because the
expansion of the drive -through is not considered "redevelopment." However, if the
property is ever redeveloped, these cross access points it will be required. If the board
thinks it is appropriate, it may make this cross access a condition of the special
exception.
Staff does recommend that the board require as a condition of the special exception that
the property owner provide a cross access easement agreement for the drive entrance
from Benton Street in order to allow the consolidation of curb cuts along Benton Street at
such time as the Mumm's property redevelops.
5. Adequate measures have been or will be taken to provide ingress or egress
designed so as to minimize traffic congestion on public streets.
Staff believes that the following findings support this criterion:
• Because the drive -through is located to the rear of the site, with traffic circulating
behind the commercial building, there is adequate space for vehicles to stack
such that this will not interfere with public streets.
• Having ingress and egress from both Riverside Drive and Benton Street will
minimize traffic congestion. Because traffic on Riverside Drive tends to be heavy
and slow -moving during peak travel times, access and exit will be self-regulating.
Staff believes that drivers will likely rely on the Benton Street exit during peak travel
times.
• To provide a safer ingress, the site plan shows that an existing parking space
directly adjacent to the drive will be removed and landscaped.
There are larger, long-term concerns about traffic flow and access requirements in this area,
which are addressed in the recommendation under General Criteria #4 above.
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.
• Areas not devoted to vehicle and pedestrian circulation are shown landscaped with
"turf, grasses, low shrubs, or other living cover." Currently some portions of the site
are covered in river rock —this includes areas near the entrance drives and the south
property line setback. The applicant will replace rock with sod and/or mulch to satisfy
the requirements of the zoning code.
• A site plan must be submitted for final site plan review and building permit. The
Building Official will review the plan to determine that all applicable zoning
requirements are satisfied. All applicable zoning requirements must be met in order
for a building permit to be issued.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
The Southwest District Plan calls for aesthetic improvements for property along the
Riverside Drive Commercial Corridor, especially landscaping. Staff believes that the
proposed site plan improves the attractive landscape features that are already present
on the site. Installing the proposed perimeter screening and shade trees and other
landscaping will minimize views of the drive -through and parking area, provide
appropriate separation between vehicle and pedestrian areas, and enhance this highly
visible intersection.
The Southwest District Plan also calls attention to traffic congestion and turning conflicts
along this portion of Riverside Drive and calls for cross access between commercial
sites and the consolidation of curb cuts. Future development in the immediate area, as
well as in the Riverfront Crossings District, will likely bring additional traffic to Benton
Street and Riverside Drive. Staff believes it is appropriate for the board to consider cross
access for this site and recommends a cross access easement for the Benton Street
entrance drive to allow a consolidated curb cut at such time as the Mumm's property to
the east redevelops.
STAFF RECOMMENDATION:
Staff recommends approval of EXC11-00005, a special exception to allow an expansion of the
existing drive -through facility in the Community Commercial (CC-2) zone, at 804 South
Riverside Drive, subject to the following conditions:
• Substantial compliance with the site plan submitted, including signage and
pavement markings indicating the one-way circulation of the drive and marking of
the pedestrian areas at the front of the store;
• Re -landscaping of areas currently covered in rock as necessary to meet the code
standard for turf or other plant covering;
• Approval by the Building Official of the final site plan, lighting plan, and any new
signage for the site; and
• A cross access easement for the drive entrance from Benton Street to allow the
consolidation of curb cuts along this arterial street at such time as the property to
the east redevelops.
ATTACHMENTS:
1. Photos of the site
2. Location map
3. Aerial view of the site
4. Proposed site plan
5. Application materials
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
E
Redevelopment sites
Location for cross access
with the Staples site.
These are locations where
Staples has already
provided cross access
easements.
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APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION -
7GG2_
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DATE: G — 15 - 2.-- %i PROPERTY PARCEL NO. 1 o (S2 S is o `f
PROPERTY ADDRESS G y `_ . �we v^ c l' u y vE
PROPERTY ZONE: CC-2 PROPERTY LOT SIZE:_
APPLICANT: Name: McDonald's USA, LLC (Brian Smith)
Address: 1650 W 82nd St, Suite 900, Minneapolis, MN 55431
Phone: 952-486-4163
CONTACT PERSON: Name: Bishop Engineering (Joel Jackson) _+
(if other than applicant)
Address: 3501 104th St, Urbandale, IA 50322 — C
Phone: 515-276-0467 Y
PROPERTY OWNER: Name: Dc I I c. s
(if other than applicant)
Address: '-1 Lcl .� ►z� u w�-e e
Phone: I L SZZ yo
DAV it'd R.c 6F-K71l0N
0 k4.4Ies l_, h*'1 1)
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@jowa-city.org.
14-4B-4 Section B-10-b: Drive-thru windows and drive-thru lanes are prohibited.
Purpose for special exception: To covert the current single lane drive-thru to a side -by -side drive-thru
Date of previous application or appeal filed, if any: N/A