HomeMy WebLinkAbout12-12-2012 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, December 12, 2012 — 5:15 PM
City Hall — Emma J. Harvat Hall
AGENDA
A. Call to Order
B. Roll Call
C. Consider the November 14, 2012 Minutes
D. Special Exception Item
1. EXC12-00013: Discussion of an application submitted by Hy-Vee Stores, Inc. for a pharmacy and
grocery drive-thru for property located in the Community Commercial (CC-2) zone at 1109 & 1123
North Dodge Street.
2. EXC12-00014: Discussion of an application submitted by Hy-Vee Stores, Inc. for a drive -up window
for property located in the Community Commercial (CC-2) zone at 1109 & 1123 North Dodge
Street.
E. Other
1. Discussion of updated BOA Procedural Rules.
2. Election of Board Officers for 2013.
F. Board of Adjustment Information
G. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING: January 9, 2013
STAFF REPORT
To: Board of Adjustment Prepared by: Sarah Walz
Item: EXC12-00013 and Date: December 14, 2012
EXC12-00014
GENERAL INFORMATION:
Applicant: Hy-Vee Stores, Inc.
5820 West Town Parkway
West Des Moines, Iowa 50266
jbrehm@hy-vee.com
Contact:
Kelly Beckler
MMS Consultants
1917 South Gilbert Street
Iowa City, Iowa 52240
k.beckler@mmsconsultants.net
319-351-8282
Property Owner:
Roberts Dairy Company
Requested Action:
Special exceptions to allow two drive -through
facilities in the CC-2 zone.
Purpose:
To allow two drive -through facilities as part of a
commercial redevelopment: a pharmacy drive -
through associated with the grocery store building;
and a drive -through for an eating establishment
associated with a convenience store/gas station.
Location:
The corner of Prairie Du Chien Road and North
Dodge Street, currently the Roberts Dairy site.
Size:
8.21 acres
Existing Land Use and Zoning:
Robert's Dairy distribution facility, vacant, City radio
tower; CH-1, RS-8 and P1
Surrounding Land Use and Zoning: North: Residential (RS-8)
South: Residential and commercial (CC-2)
East: Commercial (current Hy-Vee) (CN-1)
West: Residential (RS-8)
Applicable code sections: 14-4C-2K, specific criteria for drive -through facilities
14-4B-3A, general criteria for special exception
File Date: October 17, 2012
BACKGROUND:
Hy-Vee is proposing to relocate their North Dodge Street store to an 8,21-acre property located at
the northeast corner of Prairie du Chien Road and North Dodge Street. The site consists of a
number of parcels, including the Roberts Dairy facility, and is in the process of being rezoned to
Planned Development Overlay Community Commercial (OPD-CC-2) zone. At its December 6
public meeting, the Planning and zoning Commission voted unanimously to recommend approval
of a conditional rezoning. A copy of their conditional zoning recommendation is attached. City
Council will consider the conditional rezoning at its December 18 meeting. In advance of applying
for the rezoning, the applicant held a good neighbor meeting and incorporated changes
suggested by the neighborhood into the commercial development proposal.
As part of the development plan, the St. Clements Street right-of-way, which serves 9 homes
located north of the dairy site will be re-routed and constructed to City standards. St. Clements
Street currently bisects the dairy property, running north -south from Dodge Street, and has no
curbs or markings to distinguish the street from the staging area for trucks accessing the Roberts
Dairy facility. The street is essentially part of the dairy parking lot. The re-routed section of the
street will run east west along the northern boundary of the Hy-Vee site and connects into Prairie
du Chien Road.
Hy-Vee has requested two special exceptions for two separate drive -through facilities. Drive-
throughs are an accessory use allowed by special exception in the Community Commercial
(CC-2) zone.
The North District Plan has the following to say about commercial uses in this area:
"The Dodge Street Commercial area between Prairie du Chien Road and Dubuque Road
is intended to provide neighborhood -serving businesses. Uses such as the Hy-Vee and
the Hilltop Tavern are considered important elements to livability in the North District.
As properties develop or re -develop in this area, main street design principles should
be encouraged. However, in order for this commercial area to function like a main
street, the underlying zoning and transportation system and the mixture of land uses it
fosters may need to be re-examined. When Dodge Street is reconstructed in 2003, it will
be important to re -analyze carefully how changes in the transportation system will effect
this commercial node. Sensitive site design that encourages pedestrian activity and
captures the attention of drivers passing through on Dodge Street, would help to
cultivate this area for more neighborhood -serving uses over time."
Additional information from the North District Plan about the re -development of this area is
attached.
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 14-413-pertaining to 14-4C-2K 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 specific and general standards are included on
the attached application forms. Staff comments related to the specific and general approval
criteria are set forth below.
Separate evaluations for the two drive-throughs are attached
Application EXC12-00013 requests a drive -through for a quick service coffee shop associated
with a convenience store/ gas station to be located near the intersection of Prairie du Chien Road
and North Dodge Street. Coffee shops are classified under "eating establishment" in the zoning
code. The convenience store is a 4,500 square foot building; the proposed coffee shop will occupy
approximately 1,300 square feet of floor area.
A single drive -through lane circulates around the back side of the convenience store building,
coming within approximately 15 feet of the Prairie Du Chien Road right-of-way. The drive -through
is located approximately 70 feet from the nearest residential property to the west and 200 feet
from the nearest residential property to the north. The site plan shows a 5-foot tall brick wall with
additional low growing shrubs as a way of screening views of the drive -through from the Prairie du
Chien right-of-way and from the adjacent residential property to the west. The site plan shows
three stacking spaces at the order board and three more at the pick-up window. The order board
is shown facing north in a location screened by the proposed wall. The applicant has requested
hours of operation beginning at 5 AM.
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 lane and/or amount of paving, and limiting or prohibiting the use
of loudspeaker systems.
Staff believes the application satisfies this criterion based on the following facts:
• The drive -through is located at the intersection of two arterial streets.
• The site plan shows a single lane drive -through, which limits the potential intensity of its
use.
• Pedestrian access routes to the convenience store are located to the north and south of
the building and do not conflict with the drive -through.
• A 5-foot brick wall and landscaping screens the drive —through from the residential
property to the west.
• The order board is oriented to face north and is located in an area adjacent to the wall,
this will minimize noise escape from the property.
b. The transportation system is capable of safely supporting the proposed use in
addition to the existing uses in the area. Evaluation of factors includes 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.
In addition to the findings above, staff believes the application satisfies this criterion based on
the following facts:
• The transportation system now sustains the Robert's Dairy distribution facility in addition
to the existing Hy-Vee store to the east.
• Though traffic volume may increase with the grocery and convenience store proposal,
North Dodge Street is a major arterial street constructed with the capacity to handle
high traffic volume. Prairie du Chien Road is an arterial that can support the level of
anticipated traffic.
• The relocation and improvement of St. Clements Street is intended to disperse traffic
from the development. The entrance to St. Clements Drive is located nearly 300 feet
from the intersection in compliance with access standards in the code.
• Curb cuts along North Dodge Street are located no closer than 150 feet from the
intersection in compliance with the arterial street access standards in the zoning code.
• Multiple entrances to the development are provided in order to disperse traffic efficiently
and to avoid congestion and conflicts with the intersection.
• The site plan includes the required pavement markings to direct traffic one-way into the
drive -through.
c. The drive -through lanes must be set back at least 10 feet from the 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.
in addition to the findings above, staff believes the application satisfies this criterion based on
the following facts:
• At its closest point the drive -through is located approximately 15 feet from the street
right-of-way
• A 5-foot tall brick wall between the convenience store drive -through lane and Prairie du
Chien Road will screen noise, headlight glare, and views of the drive -through and paved
areas. This satisfies the S3 standard in the code.
d. Lighting for the drive -through facility must comply with the lighting standards set forth
in Article 14-5G and must be designed to prevent light trespass and glare onto
neighboring residential properties.
• All outdoor lighting for the commercial development must be reviewed and approved by
the Building Official as part of the building permit process.
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:
• Though traffic may increase with the grocery and convenience store proposal, North
Dodge Street is a major arterial street constructed with the capacity to handle high traffic
volume. Prairie du Chien Road is an arterial with the capacity to serve this development.
• Curb cuts along North Dodge Street are located at least 150 feet from the intersection in
compliance with the arterial street access standards in the zoning code.
• Multiple entrances are provided in order to improve traffic circulation.
• The entrance to St. Clements Street is located approximately 300 feet from the
intersection in compliance with code standards.
• The site plan for the drive -through includes required pavement markings to direct traffic
through the drive -through.
• The site plan shows designate pedestrian routes to the convenience store building.
These routes are not in conflict with the drive -through.
• As mentioned above, the installation of a 5-foot tall brick wall along drive -through, will
screen glare and noise associated with the drive -through. This satisfies the S3 standard
for complete screening.
The proposed drive -through is intended to serve a coffee -shop, which is categorized as an "eating
establishment' under the zoning code. Given the proximity of drive -through lane to the residential
property, staff believes it is appropriate to limit the intensity of the use. A coffee shop would not
have the sort of intensity (traffic generation, litter, etc.) typically associated with other fast food
restaurants. In order to limit the intensity of the drive -through use, staff recommends that approval
of the drive through be limited to an eating establishment whose principal product sales are coffee
and other beverages, with food sales being incidental and accessory.
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 concludes that the following finding supports this criterion:
• The proposed wall and screening along the drive -through effectively screen glare and
noise from the drive through.
A drive -through has the potential to create disturbance to neighboring residential property if the
hours of operation are not limited. Staff believes that limiting the hours of operation to 5 AM to 9
PM weekdays and 5 AM to 10 PM weekends will support the criterion. Likewise, traffic and litter
associated with some drive -through restaurants would have the potential to create disturbance for
surrounding residential properties. Staff recommends that the approval of the drive -through be
tied to an eating establishment use whose principal product sales are coffee and other beverages
with food sales being incidental and accessory.
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 findings articulated above regarding stacking spaces, access, and screening
support this criterion. Limiting the size of the restaurant for which the drive -through is accessory
and restricting the hours of operation will reduce the potential for conflicts with the neighboring
residential properties.
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:
• Provision of adequate utilities, drainage and other necessary facilities are being
addressed in larger redevelopment project at this site.
• Adequate access roads are being provided through the portion of road being
dedicated to the City and the two new curb cuts on N. Dodge Street.
S. 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 findings listed under general criterion 1 above also satisfy this criterion.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
The applicant must apply for a building permit to establish the use. All other elements of the
building and site plan not specifically discussed here, including lighting and signage, will be
reviewed for compliance with the zoning code.
7. The proposed use will be consistent with the Comprehensive Plan, as amended
The North District Plan future land -use map shows this area as appropriate for retail/community
commercial use. However, the Plan qualifies the land use map with text indicating the
redevelopment of the dairy property should be in a "Main Street' style that is compatible with the
adjacent residential neighborhood. The North District Planning Principles emphasize commercial
site design that is sensitive to adjacent residential areas.
The Comprehensive Plan describes a "Main Street' commercial center as having buildings that
are close to the street with parking lots to the rear or sides; the use of street trees and pedestrian
level lighting and street furniture such as benches, to improve the pedestrian environment; public
or semi-public spaces such as plazas and squares. The Planning and Zoning Commission has
recommended a conditional zoning agreement for the redevelopment that is intended to make the
development compatible with the adjacent residential neighborhood and to assure compliance
with the Comprehensive Plan policies.
STAFF RECOMMENDATION : Staff recommends approval of EXC12-00013, a special
exception to allow a drive -through in the Community Commercial (CC-2) zone subject to the
following conditions:
• Substantial compliance with the site plan submitted, including screening, location
of pedestrian access points, and order board.
• Hours of operation are limited to 5 AM to 9 PM weekdays and 5 AM to 10 PM
weekends.
• The drive -through use is limited to an eating establishment whose principal product
sales are coffee and other beverages, with food sales being incidental and
accessory.
Application EXC12-00014 requests a drive -through to serve the Hy-Vee pharmacy as part of the
proposed 51,770 square foot Hy-Vee grocery store to be developed on the site. The drive -through
would be located adjacent to the main entrance (on the west side) of the proposed grocery store.
The proposal is similar in design to the drive -through that was approved for the Waterfront Hy-Vee
in 2009, although that drive -through included a second lane for grocery pick-up.
The site plan shows the proposed pharmacy drive -through lane separated from the main
circulating road by an 8.5-feet wide median, which would feature a transaction tube for the
pharmacy. One car may access the pneumatic tube system with space for one car to stacking
behind. The width of the sidewalk between the drive -through lane and the building is
approximately 7 feet. The applicant has agreed to install bollards between the sidewalk and the
drive -through lane.
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 land and/or amount of paving, and limiting
or prohibiting the use of loudspeaker systems.
Staff believes the application satisfies this criterion based on the following facts.
• The location of the drive -through service and pneumatic tube is more than 150 feet from
the nearest residential property to the north and from the curb cut onto Dodge Street to
the south.
• A green space to the north of the Hy-Vee building includes a row of existing trees, which
will be preserved. In addition, the site plan shows a number of evergreen trees are
proposed in this area. These will screen views of the drive through from residential
properties to the north.
• The speaker system would be pointed toward the building and away from the residential
neighborhood to the north.
• The proposed site plan shows space for one car to access the drive -through service
(pneumatic tube system) with one stacking space. Given the anticipated levels of service
for these uses at grocery store, staff believes that adequate stacking spaces are
provided and will not interrupt traffic circulation along the main drive in front of the store.
Any additional stacking would be along Hy-Vee's private drive and would not interfere
with St. Clements Street or the North Dodge Street rights -of -way.
• A 7-foot wide sidewalk is provided between the building and the drive -through. Bollards
will separate the drive -through from the sidewalk.
b. The transportation system is capable of safely supporting the proposed use in
addition to the existing uses in the area. Evaluation of factors includes 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.
In addition to the findings above, staff believes the application satisfies this criterion based on
the following facts:
• The transportation system now sustains the Robert's Dairy distribution facility in addition
to the existing Hy-Vee store to the east.
• Though traffic volume may increase with the grocery and convenience store proposal,
North Dodge Street is a major arterial street constructed with the capacity to handle such
high traffic volume. Prairie du Chien Road is an arterial with the capacity to support the
traffic generated by this commercial development.
• Staff does not anticipate that the presence of the pharmacy drive -through will generate
significant traffic for the development.
• Curb cuts along North Dodge Street are located no less than 150 feet from the
intersection in compliance with the arterial street access standards in the zoning code.
• The entrance to St. Clements Drive is located nearly 300 feet from the intersection.
• Multiple entrances to the Hy-Vee are provided in order to disperse traffic efficiently in
order to avoid congestion and conflicts with the intersection.
• The site plan includes the required pavement markings to direct traffic one-way into the
drive -through.
c. The drive -through lanes must be set back at least 10 feet from the 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 zones Residential, it must be
screened from view of these properties to a t 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 findings provided above under
criteria a and b.
d. Lighting for the drive -through facility must comply with the lighting standards set forth
in Article 14-5G and must be designed to prevent light trespass and glare onto
neighboring residential properties.
• All outdoor lighting for the commercial development must be reviewed and approved
by the Building Official as part of the building permit process.
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:
• Though traffic may increase with the grocery and convenience store development,
North Dodge Street is a major arterial street constructed with the capacity to handle
high -traffic volume. Prairie du Chien Road is an arterial streets with the capacity to
serve this development.
• The pharmacy drive -through is not anticipated to generate significant levels of traffic
to the development.
• Curb cuts along North Dodge Street are located 150 feet from the intersection in
compliance with the arterial street access standards in the zoning code. Multiple
entrances are provided in order to improve traffic circulation.
• The site plan for the drive -through includes required pavement markings to direct
traffic.
• Using bollards to separate the drive -through from the pedestrian area will ensure the
safety of pedestrians using the sidewalk along the drive -through.
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 concludes that the findings articulated above regarding distance from the residential
neighborhood, screening, and anticipated traffic all support this criterion.
3. Establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the zone
in which such property is located.
Staff believes the findings articulated above regarding distance from the residential property,
stacking space, street access, and screening support 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 finding.
• Provision of adequate utilities, drainage and other necessary facilities are being
addressed in larger redevelopment project at this site.
• Adequate access roads are being provided via the re-routed St. Clements Street
and the two new curb cuts on N. Dodge Street.
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 findings listed under general criterion 1 above also satisfy this criterion.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
The applicant must apply for a building permit to establish the use. All other elements of
the building and site plan not specifically discussed here, including lighting and signage,
will be reviewed for compliance with the zoning code.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
The North District Plan future land -use map shows this area as appropriate for
retail/community commercial use. However, the Plan qualifies the land use map with
text indicating the redevelopment of the dairy property should be in a "Main Street' style
that is compatible with the adjacent residential neighborhood. The North District Planning
Principles emphasize commercial site design that is sensitive to adjacent residential areas:
The North District Plan future land -use map shows this area as appropriate for
retail/community commercial use. However, the Plan qualifies the land use map with
text indicating the redevelopment of the dairy property should be in a "Main Street' style
that is compatible with the adjacent residential neighborhood. The North District Planning
Principles emphasize commercial site design that is sensitive to adjacent residential areas.
The Comprehensive Plan describes a "Main Street' commercial center as having buildings
that are close to the street with parking lots to the rear or sides, the use of street trees and
pedestrian level lighting and street furniture such as benches, to improve the pedestrian
environment; public or semi-public spaces such as plazas and squares. The Planning and
Zoning Commission has recommended a conditional zoning agreement for the
E
redevelopment that is intended to make the development compatible with the adjacent
residential neighborhood and to assure compliance with the Comprehensive Plan policies.
STAFF RECOMMENDATION: Staff recommends approval of the drive -through subject to the
following conditions:
• Substantial compliance with the site plan submitted.
• Installation of bollards between the sidewalk and drive -through lane; this aspect of
the site plan to be approved by planning staff.
ATTACHMENTS:
1. Location map showing proposed rezoning.
2. Aerial view of the site.
3. Conditional zoning recommended by the Planning and Zoning Commission.
4. Site plans for the drive-throughs and commercial redevelopment.
5. Views of the screening for the convenience store drive -through.
6. Application materials.
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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Conditional Zoning Recommendation
Approved by the Planning and Zoning Commission on December 6, 2012
The Planning and Zoning Commission recommended 1) approval of REZ12-00026 subject
to a Conditional Zoning Agreement that provides for an appropriate transition and buffer
between the proposed development and the neighborhood to the north and west as
detailed below; 2) approval of SUB12-00012 a 2-lot 8.21-acre commercial subdivision; 3)
approval of VAC12-00004, the vacation of a portion of St. Clements Street subject to
relocation of utilities or the retention of necessary easements and dedication of an
alternative street right-of-way.
1) A buffer area generally consistent with the attached plan shall be established
along the western property line of the parcel rezoned to CC-2. This buffer must
be screened to the S3 standard. Wherever the buffer area is less than 35 feet
a masonry wall shall be provided consistent with the attached plan.
2) No signs shall be permitted within the 35 foot buffer or on the north and west
sides of the convenience store facing the residential development except for a
monument sign at the intersection of Dodge Street and Prairie Du Chien Road.
There will be no more than two (2) free standing signs permitted along the
Dodge Street frontage. Other fascia and monument signs are permitted as per
the code.
3) Any building or structure including canopies should be of a quality design
appropriate for property abutting a residential neighborhood, including features
such as stone and masonry materials, standing seam metal roofs, and muted
colors. The Design Review Committee shall approve the design of buildings
as well as associated structures and facilities.
4) Preservation of existing evergreen screening and mature trees along the
northwest side of the property where possible.
5) Construction of a bus pull off within the Dodge Street right-of-way.
6) Development and landscaping shall be generally consistent with the attached
plan. Where the code requires greater landscaping it shall be provided.
7) A parapet wall shall be provided on the northwest wall.
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APPLICATION TO THE
BOARD OF ADJUSTMENT
..
SPECIAL EXCEPTION
DATE: October 16, 2012PROPERTY PARCEL NO. See Attached ALTA Survey
PROPERTY ADDRESS: 1 109 & 1123 North Dodge Street
PROPERTY ZONE: CH1, RS8, P
PROPERTY LOT SIZE: 8.21 Acres
APPLICANT:
Name:
Hy-Vee Stores, Inc.
5820 West Town Parkway
Address:
West Des Moines, IA 50266
Phone:
515-453-2795
CONTACT PERSON:
Name: Kelly J. Beckler; MMS Consultants, Inc.
(if other than applicant)
1917 South Gilbert Street
Address:
Iowa City IA 52240
Phone:
319-351-8282
C J
PROPERTY OWNER:
Name: _
Roberts Dairy Company
(if other than applicant)
2901 Curving Street
Address:
_QmNE 68131 - c
Phone:
402-344-4321 _
Specific Requested Special Exception; please list the description and section number in
the zoning code that addresses the specific special exception you are seeking. If you
cannot find this information or do not know which section of the code to look in, please
contact Sarah Walz at 356-5239 or e-mail sarah-walz@iowa-city.org.
Purpose for special exception: Construction of a drive -up window for a convenience
store/gas station within a proposed CC-2 zone.
Date of previous application or appeal filed, if any: N/A
-3-
®. General Approval Criteria: In addition to the specific approval criteria addressed in
"C", the Board must also find that the requested special exception meets the
following general approval criteria or that the following criteria do not apply. In
the space provided below, or on an attached sheet, provide specific information,
not just opinions, that demonstrate that the specific requested special exception
meets the general approval criteria listed below or that the approval criteria are
not relevant in your particular case.
The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or general welfare.
The proposed drive -up provides adequate stacking length on -site and will part of the
Hy-Vee Site Plan submittal. The Site Plan will be designed and constructed according to
the current Iowa City Design Standards and will be reviewed and approved by City Staff.
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 Site Plan involves the removal of an existing industrial site and commercial
sites. Screening and buffering is proposed adjacent to the drive -up according to the
current Iowa City Zoning Ordinance.
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 drive -up facility is contained within the drives and parking of the entire
proposed Site Plan and will not have direct access to the Public Right -of -Way.
Screening and buffering is proposed adjacent to the drive -up according to tha.purrent
Iowa City Zoning Ordinance.
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4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
The proposed drive -up is contained within the Site Plan for the entire Hy-Vee project.
The utilities: access roads, drainage and other facility improvements will be submitted
with the Site Plan, and then reviewed and approved by Iowa City Staff.
-4-
5. Adequate measures have been or will be taken to provide Ingress or egress
designed to minimize traffic congestion on public streets.
The proposed drive -up is contained within the Site Plan for the entire Hy-Vee project.
The utilities, access roads, drainage and other facility improvements will be submitted
with the Site Plan, and then reviewed and approved by Iowa City Staff.
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 14-48 as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K).]
The proposed drive -up is contained within the Site Plan for the entire Fly-Vee project.
The screening, buffering, lighting and dimensional requirements will be submitted with the
Site Plan, and then reviewed and approved by Iowa City Staff.
The proposed use will be consistent with the Comprehensive Plan of the
City.
The entire site is currently being considered for rezoning to CC-2 simultaneously with the
consideration of a preliminary plat. Hy-Vee is also requesting a revision to the
Comprehensive Plan to allow the proposed use.
DATE: October 16, 2012 PROPERTY PARCEL NO. See Attached ALTA Survey
PROPERTY ADDRESS: 1109 & 1123 North Dodge Street
PROPERTYZONE: CH1, RSB, P
PROPERTY LOT SIZE: 8.21 Acres
APPLICANT: Name: Hy-Vee Stores, Inc.
5820 West Town Parkway
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Address: West Des Moines, IA 50266
VAC?
Phone:
Ccvv"
515-453-2795
Name: Kelly J. Beckler; MMS Consultants, Inc.
1917 South Gilbert Street
Address: Iowa CItV IA 52240
—
Phone: 319-351-8282
r
G�btil`oi-sc�t u�5' Name: Roberts Dairy Company
} 2901 Cunning Street
Address: Omaha, NE 681 1
Phone: 402-344-4321
Specific Requested Special Exception; please list the description and section number in
the zoning code that addresses the specific special exception you are seeking. If you
cannot find this information or do not know which section of the code to look in, please
contact Sarah Walz at 356-5239 or e-mail Sarah-walz@iowa-cify.org.
Purpose for special exception: Construction of a pharmacy and grocery drive-thru for a
proposed grocery within a proposed CC-2 zone.
Date of previous application or appeal filed, if any: NIA
-3-
D. General Approval Criteria: In addition to the specific approval criteria addressed in
"C", the Board must also find that the requested special exception meets the
following general approval criteria or that the following criteria do not apply. In
the space provided below, or on an attached sheet, provide specific information,
not just opinions, that demonstrate that the specific requested special exception
meets the general approval criteria listed below or that the approval criteria are
not relevant in your particular case.
The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or general welfare.
The proposed drive-thru provides adequate stacking length on -site and will part of the
Hy-Vee Site Plan submittal. The Site Plan will be designed and constructed according to
the current Iowa City Design Standards and will be reviewed and approved by City Staff.
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 Site Plan involves the removal of an existing industrial site and commercial
sites. Screening and buffering is proposed adjacent to the drive-thru according to the
current Iowa City Zoning Ordinance.
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 drive-thru facility is contained within the drives and parking of the entire
proposed Site Plan and will not have direct access to the Public Right-of-Wqy'
Screening and buffering is proposed adjacent to the drive-thru acca8ng to t13O current
Iowa City Zoning Ordinance. `
1
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4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
The proposed drive -up is contained within the Site Plan for the entire Hy-Vee project.
The utilities, access roads, drainage and other facility improvements will be submitted
with the Site Plan, and then reviewed and approved by Iowa City Staff.
-4-
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
The proposed drive-thru is contained within the Site Plan for the entire Hy-Vee project.
The utilities, access roads, drainage and other facility improvements will be submitted
with the Site Plan, and then reviewed and approved by Iowa City Staff.
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 144B as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through I{).]
The proposed drive-thru is contained within the Site Plan for the entire Hy-Vee project.
The screening, buffering, lighting and dimensional requirements will be submitted with the
Site Plan, and then reviewed and approved by Iowa City Staff.
The proposed use will be consistent with the Comprehensive plan of the
City.
The entire site is currently being considered for rezoning to CC-2 simultaneously with the
consideration of a preliminary plat. Hy-Vee is also requesting a revision to the
Comprehensive Plan to allow the proposed use.
PROCEDURAL RULES
Iowa City Board of Adjustment
December 12, 2012
ARTICLE I. AUTHORITY
The Iowa City Board of Adjustment shall have that authority which is conferred by
Chapter 414 of the Code of Iowa; City Code Title 14, , Chapter 7, entitled
"Administration," Article A, entitled "Board of Adiustment." entitled
1)8V8I9.,. 8Rt " PtiGle Q eRt,tled ' QGa4, and through the adoption of
these procedural rules stated herein.
ARTICLE II. MEMBERSHIP:
Section 1. Qualifications. The Board of Adjustment shall consist of five (5) members
appointed by the City Council. All members of the Board shall be qualified electors of the
city of Iowa City, Iowa. A majority of the members of the Board shall be persons
representing the public at large; a m eF t„ of the RAard and shall not be involved in the
business of purchasing or selling real estate.
Section 2. Compensation. Members shall serve without compensation, but may be
reimbursed for expenses incurred for travel outside the city on designated Board
business. Such expenses must be submitted to the City Manager.
Section 3. Orientation for New Members. Prior to the first regular meeting following
their appointment, a new member shall be provided with a copy of the City Zoning
Chapter, the Comprehensive Plan, the Board's procedural rules, and other information
that would be useful to Board members in carrying out their duties. Each new member
shall be given an orientation briefing by City staff.
Section 4. Absences. Three consecutive unexplained absences of a Board member
from regular Board meetings may result in a recommendation to the City Council from
the Board to discharge said member and appoint a new Board member. Members shall
be removable for cause by the City Council upon written charges after a public hearing.
Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-
term illness, disqualification, or removal shall be filled for the unexpired term by the City
Council after at least thirty (30) calendar days of public notice of the vacancy.
Section 6. Terms. Members shall be appointed for terms of five years. No members
shall be appointed to succeed themselves. However, a member appointed to fill an
unexpired term with one year or less remaining may also be appointed concurrently for
one full five (5) year term.
Section 7. Resignations. Resignation should be submitted in writing to the Board
Secretary, who will transmit the resignation to the Mayor with copies to the City
Manager, the Director of Planning and Community Development, and the Board
Chairperson, preferably at least sixty (60) days prior to the date of intended departure.
ARTICLE III. OFFICERS:
Section 1. Number. The officers of the Board shall be a Chairperson and a Vice -
Chairperson, each of whom shall be elected by a majority vote of the members of the
Board. The Board Secretary shall be a staff person, who is appointed by the Director of
Planning and Community Development.
Section 2. Election and Term of Office. The Chairperson and Vice -Chairperson shall
be elected annually at the first regular meeting of the Board each year.
Section 3. Vacancies. A vacancy in the office of Chairperson or Vice -Chairperson
because of death, resignation, removal, disqualification, or other cause shall be filled by
election from the members of the Board for the unexpired portion of the term.
Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings,
call special meetings, and in general perform all duties incident to the office of a
Chairperson, and such other duties as may be prescribed by the members from time to
time. Such Chairperson may administer oaths and compel the attendance of witnesses.
Section 5. Vice -Chairperson. When the Chairperson is absent or abstaining, the Vice -
Section 6. Acting Chairperson. In the absence and/or due to the abstention of both the
Chairperson and Vice -Chairperson, the remaining three -member Board may elect a
member to serve as Acting Chairperson. The Acting Chairperson shall perform the
duties of the Chairperson and when so acting shall have all the powers of and be subject
to all the restrictions upon the Chairperson.
Section 7. Secretary. The appointed staff person, who serves as the Board's Secretary,
shall be responsible for maintaining the office of the Board, receiving and filing Board
decisions and orders, posting and publishing notices as required by law, and for
maintaining minutes and other records of the Board's proceedings.
ARTICLE IV. APPLICATIONS:
Section 1. Application Forms. Any application for a request or appeal to the Board of
Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the
Board. The Secretary's office is located in the Department of Planning and Community
Development. Forms are also available in the office of the City Clerk. In the appropriate
cases, the Building Inspector shall transmit to the Secretary all documents constituting a
record, upon which the Board shall act.
Section 2. Application Submittal. Applications or appeals to the Board shall be filed
with the City Clerk within a reasonable time period, not to exceed 390 calendar days
after the action appealed from, and shall specify the grounds for such appeal. An appeal
from a decision by the Building Inspector to issue a building permit shall not be deemed
to have been filed within a reasonable time if such appeal is filed more than ten (10)
business days after construction work pursuant to such permit is observable from
adjacent properties of the public right-of-way or ten (10) business days after an alleged
violation of the zoning code is similarly observable. Applicants may appeal a denial of s
after a Resolution of Denial is filed by the Commission.
Section 3. Application Filing Fee. The applicant shall complete the required forms,
providing all information requested on the form, and any additional information as
requested by the Secretary of the Board. A filing fee shall be paid upon presentation of
the application. .Application
fees are established by resolution of the City Council.
Section 4. Party of Interest. Requests for a variance or special exception must be filed
on behalf of the real party in interest, such as the owner or contract purchaser.
Section 5. Case Number. An application filed according to the above procedure shall be
given a case number within five (5) business days of the filing date. Case numbers will
ARTICLE V. NOTICE:
Section 1. Notice Letters. No less than seven (7) business days prior to the public
hearing, the Secretary of the Board shall send notice by mail to all property owners of
record within 3200 feet of the subject property. Such notice shall include a description of
the action requested along with the time and location of the meeting. The applicant shall
be formally notified of the time and place of the hearing, in writing, by the Secretary of
the Board.
Section 2. Newspaper Notice.
Section 3. Notice Sign. No less than seven (7) business days prior to the public hearing.
the Applicant shall post a sign on or near the property upon which the application is
ARTICLE VI. HEARING:
Section 1. Regular Hearings. Hearings will be held as needed at a regular time and
place to be set by the members of the Board.
Section 2. Special Hearings. Special hearings or meetings of the Board may be called
by the Chairperson and shall be called by the Chairperson or Vice -Chairperson at the
request of three (3) or more members of the Board.
Section 3. Place of Hearings. All hearings and meetings of the Board shall be open to
the public and shall be in a place accessible to people with disabilities.
Section 4. Quorum. Three members of the Board shall constitute a quorum.
Section 5. Applicant Representation. The applicant may, at the time of the public
hearing, appear on their own behalf and be represented by agent and/or counsel. The
applicant or their representative may present oral argument and testimony; witnesses,
including experts; and may submit written evidence and exhibits in the form of
statements, photos, charts, or other relevant evidence. In the absence of the applicant or
their representative(s), the Board may proceed to act on the matter based on the
information provided.
Section S. Briefs. The Board may request written briefs for legal argument. Applicants
may submit written briefs if they so choose.
Section 7. Conduct of Hearing. Order and decorum shall be maintained at the hearing
by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of
evidence wherever possible. The Chair may swear witnesses and direct order of
testimony. The Chair shall avoid testimony that is overly redundant. The Chair may
provide for recesses during the deliberation, as appropriate.
Section 8. Hearing Order. The order of hearing shall be as follows:
1. Staff presentation of the facts of the case and recommendation to the board.
2. Statement by proponents of the application.
3. Statement by opponents of the application.
4. Rebuttal by proponents and then by opponents.
5. General discussion by the Board.
Section 9. Board Deliberation. After all parties have been heard, the public hearing will
be declared closed so that the Board may deliberate the case. The Board must state
findings of fact and conclusions of law. These facts and legal conclusions must be set
forth in writing as required by Iowa Law. The Board may request additional comments
from the participants. An application may be deferred or withdrawn at the request of the
applicant at any time before a decision is made by the Board.
Section 10. Board Motions. Motions may be made and seconded by any member of the
Board other than the Chair. Motions are always made in the affirmative, approving the
requested action.
Section 11. Board Voting. After a motion and discussion, the Board shall be polled for
votes. The concurring vote of three (3) members of the Board to uphold an appeal, to
decide in favor of a special exception, or to grant a variance.
shall he neGessapy
to upheld a appeal of a 7anine Ghapter inlernretetien to decide 'n
favor of then nl'e nt Inn ant a speG al a eat'e v'.derd for n.der the 7en'n
(`heater er tee ant to the Zama9 Chapter.
Voting on Board decisions will be by roll call and will be recorded by yeas and nays.
Every member of the Board, including the Chairperson, shall cast a vote on each motion.
Proxy votes are not allowed. A Board member may abstain if he or she believes there is
a conflict of interest. Any member that elects to abstain from voting shall state the
reason for the abstention at the time of voting. Prior to the discussion of the matter under
consideration, a member who plans to abstain from voting should inform the Board, and
refrain from discussion and deliberation on a case where a conflict of interest exists for
that Board member. An abstaining Board member may choose to leave the meeting
room for the duration of the proceedings for that application.
Section 12. Legal Advisor. The City Attorney or a designated representative shall act as
legal counsel to the Board.
Section 13. Conduct of Meetings. Except as otherwise provided herein, Roberts Rules
of Order Newly Revised shall be used to conduct Board hearings and meetings.
ARTICLE VII. RECORDS:
Section 1. Record of Hearings. Audio recordings shall be made for all hearings and
such recordings shall be kept for a period of no less than six (6) weeks. I
be taped and such tapes shall be kept feF a peFied of no less than six (6) weeks Minutes
shall be produced from such recordingskent by a minute t er and forwarded to the City
Council after approval by the Board or the Secretary of the Board. All minutes shall be
maintained by the Secretary of the Board, and shall also be on file at the City Clerk's
office. The applicant may request a court reporter at the applicant's own expense.
Section 2. Case Files. The Secretary of the Board shall keep a file of all cases, including
forms and additional information. Said file shall be a public record and available for
public inspection during business hours. Copies may be made available upon request, at
cost.
Section 3. Transcript. Upon request, a transcript of the audio recording of the Board's
deliberation will be made, at cost.
ARTICLE Vill. DECISIONS:
Section 1. Whenever possible, decisions by the Board shall be made at the same
hearing wherein the testimony and presentation of evidence are considered.
Section 2. Formal decisions shall be made in writing, setting forth findings of fact and
conclusions of law as required by Iowa law.
Section 3. Each decision shall be filed with the City Clerk within a reasonable time after
the Board hearing, and shall be stamped by the Clerk to indicate the date and time of
filing. The Clerk will forward the decision to the Johnson County Recorder's Office, for
recording at the city's expense.
Section 4.
A copy of said decision shall be forwarded by the Secretary of the Board to the
applicant, the Building Inspector, the City Attorney's Office and any Attorney of Record
Section 5.
Reconsideration: Upon written request the Board may reconsider a decision on a
was unavailable at the time of the original hearing. A motion to reconsider must be made
at the subsequent meeting by a member of the Board who voted on the prevailing side.
reconsidered.
ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES.
Section 1. A concurring vote of three (3) of the members of the Board shall be necessary
to amend these procedural rules. Such proposed amendments shall be presented in
writing at any regular meeting or at any special meeting called for that purpose.
Amendments shall to into effect upon approval by the City Council.
MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
NOVEMBERI4, 2012-5:15 PM
CITY HALL, EMMA HARVAT HALL
MEMBERS PRESENT: Larry Baker, T. Gene Crischilles, Brock Grenis, Will
Jennings, Caroline Sheerin
MEMBERS ABSENT: None.
STAFF PRESENT: Sarah Walz, Sarah Holecek
OTHERS PRESENT: None.
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by the Sheerin outlining the role and purpose of the Board
and the procedures that would be followed in the meeting.
CONSIDERATION OF THE OCTOBER 10, 2012 MEETING MINUTES:
Baker moved to approve the minutes with minor corrections
Jennings seconded.
A vote was taken and the motion carried 5-0.
SPECIAL EXCEPTION ITEM
EXC12-00012: Discussion of an application submitted by Dudley Brothers Co for a reduction in
the front setback requirement to allow the expansion of the front porch for property located in
the Low -Density Single-family (RS-5) zone at 1613 Spruce Court.
Walz showed the Board pictures of the Mark Twain neighborhood, where all the houses are of
traditional style with uniform setbacks, which is approximately 20 feet. She said a number of the
houses have a front deck that extends into the setback. She said she thinks that it's good to
have the front decks and porches as they indicate friendly, neighborly owners, and they also
add some articulation to these houses. She said it's a fully developed neighborhood so there is
Board of Adjustment
November 14, 2012
Page 2 of 4
nothing a setback reduction would get in the way of or infringe upon. She said the applicants
had already started to build deck, 4-17 feet, and then they decided they wanted to make this
overhang into a parch. She said this will make a setback that is different from others on the
street, but it is a pretty modest request. She said the most important specific criteria staff
considers is if it is contrary to the purpose of the setback regulations, which deal with safety,
privacy, impingement on neighbors. She said in this case, it's a modest request which will add
value and character to the house. Staff is recommending approval of the request with two
conditions: the applicant needs to secure a building permit, which the applicants are doing, and
the structure must be constructed and maintained as an open air porch.
Jennings said this is one of the standard points made by staff about porches, that they never be
considered a sideways way to build an addition. Walz said the condition is added to make that
clear. She said when property changes hands, this special exception would come up in an
abstract search and someone would be aware that the porch was granted through a special
exception. She said it would also become apparent if someone applied for a building permit.
Sheerin opened public hearing.
Sheerin closed public hearing.
Jennings said this is a pretty uniform neighborhood and in the staff report it addressed the
desirability of these sorts of structures. He said this might be something to encourage as noted
in the staff comments that this might inspire others to do the same, and that comment suggests
that porches on the front of houses makes the neighborhood more friendly, inviting more eyes
on the street and more community feeling.
Walz stated that in general, Planning encourages this kind of accessory use.
Jennings said he thinks that is something different in this proposal than the other proposals he's
seen about porches or decks in front of houses that have dealt with setback exceptions. He said
he thinks this is a positive move.
Jennings moved to approve EXC12-00012 to reduce the front principle building setback
from 20 feet to 16 feet in order to allow the applicant to construct an open air front porch
requirement for property located at 1613 Spruce Court subject to the following
conditions:
1. The applicant must secure a building permit.
2. The structure must be constructed and maintained as an open air porch.
Crichilles seconded the motion.
Baker said regarding item EXC12-00012 he concurs with the findings set forth in the staff report
of November 14, 2012, and concludes that the general and specific criteria are satisfied. Unless
amended or opposed by another Board member, he recommends that the Board adopt the
findings in the staff report as Board findings for the acceptance of this proposal.
All the other Board members concurred with Baker's statement in support of the findings listed
in the staff report.
A vote was taken and the motion carried 5-0.
Board of Adjustment
November 14, 2012
Page 3 of 4
Sheerin declared the motion for the special exception approved, noting that anyone wishing to
appeal the decision to a court of record may do so within 30 days after the decision is filed with
the City Clerk's Office.
BOARD OF ADJUSTMENT INFORMATION:
Walz said she will be sending out updated Board procedure next month's packet.
ADJOURNMENT:
Jenning moved to adjourn.
Baker seconded.
The meeting was adjourned on a 5-0 vote.
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