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HomeMy WebLinkAbout04-10-2013 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT MEETING Wednesday, April 10, 2013 — 5:15 PM City Hall — Emma J. Harvat Hall AGENDA A. Call to Order B. Roll Call C. Consider the March 13, 2013 Minutes D. Special Exception Items 1. EXC13-00003: Discussion of an application submitted by The Crisis Center of Johnson County for a special exception to establish a General Community Service Use in the Intensive Commercial (CI- 1) zone at 1105 South Gilbert Court. 2. EXC13-00005: Discussion of an application submitted by JMK Holdings LC for two Historic Preservation special exceptions to allow multi -family residential units at or below street level, and a special exception to reduce the off-street parking requirements for property located in the Central Business Support (CB-5) zone at 529 South Gilbert Street. E. Other F. Board of Adjustment Information G. Adjourn NEXT BOARD OF ADJUSTMENT MEETING: May 8, 2013 r r �pCITY OF IOWA CITY '- `�10 lu`1 MEM R.ANDCa1VI Date: April 5, 2013 To: Board of Adjustment From: Sarah Walz, Associate Planner Re: EXC13-00003 Crisis Center The Board voted to keep open the public hearing and defer to its April 10 meeting final consideration of the Crisis Center's application for a General Community Service Use in the CI- 1 zone. The Board requested additional information regarding traffic and parking on Gilbert Court as well as information about vandalism and loitering in the neighborhood. Attached is a memo from Darian Nagle-Gamm, Traffic Engineering Planner addressing parking and traffic issues. I have requested information from the Police Department and anticipate a report before your April 10 meeting. On April 8, Iowa City Neighborhood Services will host a meeting for business and property owners in the area, including the Crisis Center and other Community Service uses, to discuss issues of concern. I will be able to report on information gathered from this event at the public hearing. CITY OF I O WA CITY MEMORANDUM Date: March 21', 2013 To: Sarah Walz, Associate Planner From: Darian Nagle-Gamm, Traffic Engineering Planner Re: Gilbert Court Traffic Related Information You had asked for traffic related information regarding Gilbert Court based on a Board of Adjustments inquiry. Below is a summary of general traffic conditions, parking, and collision history on the street. General Conditions • Gilbert Court is a 33 foot wide commercial collector street; slightly wider than the current 31 foot collector street standard. • Gilbert Court is stop controlled at Kirkwood Avenue and Highland Avenue. • Highland Court is stop controlled at Gilbert Court. • Sidewalks are provided on both sides of Gilbert Court, except for the southernmost 200 feet where sidewalks are missing from both sides. • Traffic count data is not available for Gilbert Court; however our observations indicate that this is not a high volume street. Parking • Parking is allowed on the west side of the street and prohibited on the east side. • There is enough room for two vehicles to comfortably pass each other in the opposite direction when vehicles are parked on -street. • On -street parking peaks during the day as adjacent parking lots become full. An observation of parking on Thursday, March 141h at 4:00 PM and at 5:45 PM indicates only a few vehicles remain parked on -street in the late afternoon / early evening. • Businesses and organizations have an opportunity to report any vehicles parked on - street more than 48 hours in the same location by calling the routine police business line. • Parking is prohibited within five feet of a commercial driveway; however businesses and organizations must report vehicles in violation by calling the routine police business line. • Further reducing any available on -street parking would likely increase traffic speeds and could push on -street parking to other streets in adjacent neighborhoods. Collisions There have been three mid -block collisions on Gilbert Court in the last five years. This is considered to be a low number of collisions for a commercial street in this timeframe. Two collisions involved vehicles failing to yield to oncoming traffic when turning left into a business drive. The other was a single vehicle collision with a legally parked car. None of the collisions were attributed to visibility issues caused by on -street parking. This indicates that there is not a significant safety issue caused by on -street parking on Gilbert Court. STAFF REPORT To: Board of Adjustment Prepared by: Sarah Walz Item: EXC13-00003 Date: 13 March 2013 1105 Gilbert CT. (Crisis Center) GENERAL INFORMATION: Applicant: The Crisis Center of Johnson County 1121 Gilbert Court Iowa City Contact: BecciReedus 319-351-2726 ext.lo9 Property Owner: Crisis Center of Johnson County Requested Action: Special exception to allow a General Community Service Use in the Intensive Commercial (CI-1) zone. Purpose: To allow an expansion of the Crisis Center onto adjacent property previously owned by Johnson County. Location: 1105 Gilbert Court Size: Approximately 34,000 square feet Existing Land Use and Zoning: Public Surrounding Land Use and Zoning: North: Office and Vehicle Repair Use; Community Commercial (CC-2) South: Community Service (Crisis Center); Intensive Commercial (CI-1) East: Office/Retail Use and Community Service Uses (Salvation Army) Intensive Commercial (CI-1) West: Railroad and Commercial uses; Intensive Commercial (CI-1) Applicable code sections: 14-4B-4D-4, Specific Criteria for General Community Service Uses in the CI-1 Zone; 14-413-3A, General Criteria forall special exceptions. File Date: 8 February 2013 2 BACKGROUND: The Crisis Center of Johnson County is seeking to establish a General Community Service Use in the Intensive Commercial (CI-1) zone at 1105 Gilbert Court. The property was formerly the Johnson County Public Health Office and is currently zoned Public (P-1) to reflect local government ownership. When the County consolidated its offices at a new administrative building on South Dubuque Street, the subject property was put up for sale and has remained vacant since 2010. The County has agreed to sell the property to the Crisis Center; the change in ownership will result in the property being rezoned to CI-J.. Community Service uses are allowed in the CI-1 zone by special exception. The Crisis Center currently operates the adjacent property to the south at 1121 Gilbert Court, which is also in the CI-1 zone. In partnership with the Domestic Violence Intervention Program (DVIP), the Iowa City Free Lunch Program (FLP), and National Alliance on Mental Illness (NAMI) of Johnson County, the Crisis Center proposes to use the property as part of a collaborative "human services" campus in order to improve service and pool resources. The two properties will share parking. Together with the Crisis Center property at 1121 Gilbert Ct., the development will provide 79 parking spaces. The existing office building will undergo major renovation to accommodate the new use. Though plans for the interior are not finalized, the present draft plan shows seven offices, two meeting/conference rooms, storage room, a commercial kitchen, and an 1,800 square foot meeting space/dining area. The Free Lunch Program (FLP) will occupy approximately 3,840 square feet of space. FLP provides a free self-service breakfast of coffee and toast in addition to a hot meal served at noon, six days a week. Lunch is served from noon until 1 PM each day. On average, FLP serves 110 meals per day. The Domestic Violence Intervention Program (DVIP) will occupy 1,380 square feet of space, with 3 offices and a meeting room to conduct outreach and counseling services. (No shelter services are proposed or allowed by code on this site.) The National Alliance on Mental Illness and the Crisis Center will occupy approximately 1,550 square feet of space with 4 offices and a meeting/conference room. Proposed uses for the property include support group meetings, educational programs, and community training. (See description of day-to-day use of the property included with the application materials.) 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 14-4B-4D-4 pertaining to General Community Service Uses in the Intensive Commercial (CI-1) zone 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 form. Staff comments related to the specific and general approval criteria are set forth below. Specific Standards (14-413-41D-4) The proposed use will not significantly alter the overall character of the zone and will not inhibit future development of uses for which the zone is primarily intended. The Board will consider such factors as size and scale of the development, projected traffic generation, and whether adequate transportation, transit, and pedestrian facilities exist to support the proposed use. Staff believes that the application satisfies this criterion based on the following findings: • The surrounding CI-1 zone is home to a mix of consignment stores, vehicle and other repair uses, offices, and general community service uses. General Community Service uses already in the neighborhood include the Salvation Army (located directly across the street from the subject property) and the Mayor's Youth Empowerment Program (located across the street from the Crisis Center at the intersection of Gilbert Court and Highland Court). On -street parking is in high demand in the neighborhood and, due to the number of curb cuts along Gilbert Court, is very in limited supply. The two Crisis Center properties together will accommodate 79 parking spaces. The minimum off-street parking requirement for the two buildings, based on square footage and proposed use, is 49 spaces. The neighborhood is served by three transit lines: the Lakeside and Broadway stops are located approximately 1-2 blocks away at South Gilbert Street and Kirkwood Avenue intersection. The Mall bus route has a stop two blocks to the East near the Kirkwood Avenue and Diana Street. Staff believes the minimum bicycle parking required by code is insufficient for the proposed use: The Free Lunch Program generates significant bicycle traffic. Observations indicate that similar services, such as Shelter House, have overflowing bike racks. Staff therefore would recommend increasing the required bicycle parking beyond the minimum required by code. Staff recommends apply the vehicle parking calculation (1 space per 150 square feet of floor area) to determine an appropriate number of bicycle spaces. Based on the currently proposed dining room size, this would amount to 24 spaces of bicycle parking. A final determination on the amount of bicycle parking would be made by the Building Official at such time as the applicant submits a final draft of the building plan for the interior space. In order to ensure efficient bicycle parking, Staff additionally recommends that the type of bicycle rack be approved by the Transportation Planner. General Standards (14-413-3) 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 based on the following findings: • The two Crisis Center properties together provide nearly twice the required minimum parking for the use proposed. • The neighborhood is well served by public transit-3 bus routes have stops within two blocks of the site. • Sidewalks are in place along Gilbert Court and Kirkwood Avenue to serve pedestrians. • By increasing the amount of bicycle parking based on the size of the cafeteria/dining room, the applicant can provide an appropriate level of bicycle parking 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. Staff believes the application satisfies this based on the finding in #1 above and the following finding: • The applicant will be required to bring the property into compliance with requirements for pedestrian access and layout for the parking area. The plan for the parking area includes providing drives that circulate behind both building to connect the various parking areas on the 1105 and 1121 Gilbert Court properties and combining the two existing drive entrances (curb cuts) located between the buildings into one, narrower drive entrance. This will not only improve vehicle circulation for the Crisis Center parking areas, but will also improve safety and increase on -street parking for vehicles on Gilbert Court. In addition, the applicant will install terminal islands on the parking rows, which makes vehicle movement within the parking area safer. 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 based on the findings provided above under general criteria #1 and #2. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Staff believes the application satisfies this based on the following finding: All necessary utilities and facilities are already in place for this property and the neighborhood. 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 based on the following finding: As stated above under general criterion 42, the applicant will be constructing circulation drives behind the buildings at 1121 and 1105 Gilbert Court in order to connect the various parking areas associated with the two properties. The applicant will also combine the two current driveways from Gilbert Court, located between the 1105 and 1121 buildings, into one driveway. This will improve ingress and egress on a street that has many curb cuts with insufficient separation. This will be of some benefit to on -street parking as well. (The two drives currently occupy approximately 60 feet of curb space; the new drive will occupy less than 30 feet of curb space.) 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. As part of the site plan review process the applicant is required to bring some aspects of the property into compliance with the commercial site development standards, including parking area layout, bicycle parking, and pedestrian access. The applicant is not required by code to come into compliance with the landscape and screening standards for the parking area, however, given the amount of paving on the site, Staff recommends installation of shade trees in accordance with the Parking area standards to the extent possible given the constraints of the property. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. Staff believes the application satisfies this based on the following finding: • The Comprehensive Plan supports the efficient provision of human services. STAFF RECOMMENDATION: Staff recommends approval of EXC13-00003 an application for a General Community Service Use in the Intensive Commercial (CI-1) zone at 1105 Gilbert Court, subject to the following conditions: 1. The applicant will provide 1 bicycle parking space per 150 square feet of floor area, based on the size of the cafeteria/dining area. The Building Official will calculate the requirement based on the floorplan submitted with the building permit application. 2. The bike rack design must be approved by Transportation Planning staff. 3. Installation of parking area shade trees to the extent possible given the constraints of the lot. ATTACHMENTS: 1. Location map 2. Parking area plan 3. Application materials 4. Correspondence Approved by;�srry °✓ Robert Miklo, Senior Planner Department of Planning and Community Development -- \n a O ? J M o oll II ICI _Y ¢l O I I I 153 U 1S �VJVIa u, w z --- dlI is d�lsolm -- - wl Pco n 1� ONVT-- _ V1 _ N3afl9 y�, II cq � ® Q U U w�.ID o o II ICI z ICI I Uo C � o7; '�✓ In 47 �� 000 l 0�7 � o N o ,1 Cr- Q P- .. L! l �W LU �� �I - APPLICATION TO THE BOARD OF ADJUSTMENT -SPECIAL EXCEPTUN DATE: _ — A�// 3 PROPERTY PARCEL NO. PROPERTY ADDRESS: _ �� �� I &) PROP ERTYZONE: �e'd(�aem6- - PROPERTY LOT SIZE: APPLICANT: Name: �22 %lSG��C!l2d �b/i�zL;cCze Address: Phone: 6103% 2 7 Z{, CONTACT PERSON: Name: L5,e'eA %�ePtLc�2� (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. kf 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-watza( Iowa -city org. Purpose for special exception: ( //_L Z%% U/ I4L Q Date of previous application or ap peal filed, if any: AGENCY GSF FLP 3,840 DVIP 1,380 CRISIS CENTER / NAMI 1,550 FLOOR FLAN JARIUARY 18, 20V cti SOCIAL SERVICES BUILDING - - - 1105 GILBERT COURT IOWA CITY, IOWA The Crisis Center of Johnson County, through The 1105 Project will establish a collaboration of social services agencies including the Free Lunch Program (FLP), Domestic Violence Intervention Program (DVIP), and National Alliance on Mental Illness — Johnson County (NAMI-JC). The 1105 Project will have numerous positive outcomes for county residents: Sustainability of the Free Lunch Program, the only local agency providing free self -serve breakfasts and hot noon meals 6 days a week. FLP's current facility in lacks adequate ADA accessibility for clients and has numerous barriers for the 900+ volunteers who support the program. ® Outreach, youth and prevention education services provided by Domestic Violence Intervention Program. Without 1105, these critical needs for victims of abuse will continue to go unmet in our community. ® Increased programs for individuals in crisis and those living with mental illness through support groups, educational programs, and community trainings provided by The Crisis Center and NAMI-JC. Without 1105, both agencies are limited in ability to offer and grow these types of services. ® Commercial kitchen and meeting space for use by the local foods industry and other organizations. Opportunities to explore innovative collaborations of the kind that will be. fequired for non -profits not just to survive, but to thrive as we continue meeting tk e growing demand for services. Description of each agency: The Crisis Center of Johnson County is located at 1121 Gilbert Coufrt in Iowa City, a 7,763 square foot facility that is home to all of our program servl6es — the 24-Hour Crisis Line call center, which also houses Crisis Chat; the Food Bank & Emergency Assistance program and warehouse; community intervention programs such as suicide prevention training and the monthly Suicide Survivors Support Group; natural disaster recovery programs when needed by the community; and administrative functions. We are proud to be a partner agency of the United Way of Johnson County. The Domestic Violence Intervention Program (DVIP) was founded on the believe that everyone has the right to live free of fear and harm. DVIP provides support and resources to individuals battered by their partner or loved ones. Programming includes 24 hours safe shelter and hotline, advocacy with law enforcement, courts, medical services and social services, counseling and support groups, youth support services and community education. Free Lunch Program provides noon meals, free of charge, six days a week to anyone in need. A self -serve breakfast of coffee and toast is offered in the mornings, and lunch is served Monday through Saturday from noon to 1 pm. Meals are served by 37 different volunteer groups. National Alliance on Mental Illness — Johnson County is a grassroots organization and offers education, support and advocacy for persons with mental illness and their families. Evidenced -based educational classes are provided for families/significant others, consumers, care providers and the general public. Peer support is available by phone, at group meetings or individually. NAMI advocates at the local, state, and national levels to improve the lives of all those affected by mental illness. Description of day -today use of the property. The concept of 1105 is to create efficiencies, not only to utilize space but to share space. Instead of each agency having a conference/board room, all four agencies use the same conference/board room. The sarne conference/board room will be adjoining the dining room to allow for the Free Lunch Program (FLP) to have some special program projects working with the clients. In addition, the conference/board room can be used for support groups, training and meeting spaces. The FLP runs daily from morning through early afternoon. FLP anticipates needing the kitchen/dining room/bathrooms for free lunch activities from approx 8:00 a.m. until 2:00 p.m. Monday through Saturday. The only time FLP serves a meal on Sunday is if Christmas day falls on Sunday. There is a proposal for the commercial kitchen to be made available to local food producers or for classes on nights and weekends — but those details have not yet been confirmed. Additionally, there will likely be at least an afternoon or 2 or 3 per month when one of the serving teams needs to use the kitchen to start meal preparation for the next day, and will be scheduled that on an as - needed basis. FLP may, from time to time, schedule auxiliary sessions in the adjacent conference room (accessible through a doorway from the dining room) for free medical services (i.e, flu shots) and perhaps visits by dental hygienists. These and other activities that meet various needs of our free lunch guests may occur occasionally during free lunch hours some days — not regularly. The Domestic Violence Intervention Program (DVIP) will have administrative staff daily during regular business hours. Outreach staff will meet with clients for counseling appointments or to facilitate support groups. The applicant anticipates that DVIP group events will likely happen 2-3 times a week, counseling could happen 3-5 times daily. DVIP space may he used for meetings with funders, community organizations, staff meetings, etc. DVIP has youth activities that generally run after 3:00 p.m, during the school year, but could run anytime during the summer. Activities (whether that is support group, education or play) are generally 2 hours or less. Children will be brought to site by their mothers, or as a group (17 passenger van) by staff. The applicant anticipates youth activities three days a week —these could go as late as 8:30 p.m, in the evening and an occasional weekend activity. Most of our activities at 1105 will be art or education based. The National Alliance on Mental Illness (NAMI) will have administrative staff daily on site daily during business hours. NAMI will have various group activities --support groups, education, community training. Support groups meet on Tuesday and Thursday. Approximately 12 people attend these meetings. NAME Board meetings occur once each month and 18 people attend those. In the future, NAMI will have training on the weekends, but does not anticipate more than 20 people to attend. The Crisis Center has one office room in the 1105 building and plans to use it daily for various meetings during business hours. The Crisis Center also plans to use space for training and some of our training falls on nights and weekends — however we currently use 1121 Gilbert Court for the same activities. Sarah Walz From: Tom <tbender@assurancepm.com> Sent: Wednesday, March 06, 2013 12:22 PM To: Sarah Walz Cc: Becci Reedus, 'Rob Phipps' Subject: Request for rezoning for 1105 S. Gilbert Ct Sarah I am writing to support the application by the Crisis Center to rezone 1105 S. Gilbert Ct. I own 321-331 Kirkwood Ave with Rob and Jean Phipps and manage the property, The proposed rezoning and Pavement Replacement Plan, coupled with the proposed additional lighting will undoubtedly improve the appearance of the area and add security to rear of our properties on Kirkwood Ave. The improved efficiency gained from the project will allow the Crisis Center to more effectively serve residents of Johnson County. Your approval will further demonstrate that our local governmental bodies can cooperate effectively for the benefit of everyone in our area. Regards, Tom Thomas J Bender Assurance Property Management 319-530-7333 1 STAFF REPORT To: Board of Adjustment Item: EXC13-00005 529 S. Gilbert Street GENERAL INFORMATION: Prepared by: Sarah Walz Date: April 10, 2013 Applicant: JMK Holdings, LC Kitty Lake 330 East Prentiss Street Iowa City, IA 52245 319-631-6067 Requested Action: A Historic Preservation Special Exception to allow multi -family dwelling units at street level in the CB-5 zone; and A Historic Preservation Exception to reduce the required off-street parking requirement. Purpose: Allow re -use of an Iowa City Historic Landmark property to include 12 one-bedroom/studio apartments. Location: 529 South Gilbert Street Size: 49 x 77 square feet Existing Land Use and Zoning: Commercial, Central Business Support (CB-5) Surrounding Land Use and Zoning: North: Commercial (CB-5) South: Multi -family residential (RM-44) East: Historic Landmark (CC-2) West: Mixed -use (CB-5) Applicable code sections: 14-46-3A, General Criteria for special exceptions, 14-4B-4A-7e, Specific Criteria for multi -family dwellings to be located at or below street level; 14- 2B-8A-1 Specific Criteria to waive or modify any site development standards for an Iowa City Landmark. File Date: March 12, 2013 BACKGROUND: The subject property, located at the northwest corner of Gilbert and Prentiss Streets, is in the process of being designated as an Iowa City Historic Landmark. The Historic Preservation Commission and the Planning and Zoning Commission unanimously recommended landmark status; the City Council will consider the designation at its April 9 meeting. If approved, the property will be re -zoned as Historic Landmark Overlay -Central Business Support (OHD-CB5) to reflect the historic significance of the building. Once designated as a Historic Landmark, the building is subject to Historic Preservation Guidelines and may not be demolished, moved, or have modifications made to its exterior without the approval of the Historic Preservation Commission. Constructed c. 1905, the building at 529 South Gilbert Street is considered historically significant for its association with two early twentieth-century manufacturing facilities that operated from Iowa City's original railroad industrial corridor. Originally a factory for the Hawthorn Glove and Novelty Company, the building later housed the Shrader Drug Company/Howell Shrader Drug Company. Both manufacturers took advantage of a north -south railroad spur that once ran along the west side of the building. The location of the former railroad right-of-way is now Maiden Lane, which provides rear access to properties located along this portion of South Gilbert Street. The existing building is somewhat unusual in that it has two "street levels" due to the change in grade along Prentiss Street. Also, the footprint of the building occupies the entire property — there are no setbacks. The applicant has owned the property since 1983 and has indicated that the Gilbert Street level has been mostly vacant for the past 10 years. Upper floors have been used for as many as 20 artist studios. The applicant proposes to renovate the building, retaining the existing commercial use (the Vine Tavern) at the Prentiss Street (lower) level, and converting upper floor space into one- bedroom/studio apartments (12 units total). In order to accomplish this, two historic preservation special exceptions are being requested: 1. An exception to allow multi -family residential units (apartments) at the Gilbert Street level' of the property. In the CB-5 zone street level space is restricted to commercial uses. 2. An exception to reduce the off-street parking requirement for residential uses. The zoning code provides a special exception for properties designated as Iowa City Landmarks in order to encourage preservation of the historic, aesthetic, or cultural attributes of the property. While the doorway entrance on the Gilbert Street side of the building will be retained for historic reasons, all apartments will have primary access via a stairwell and elevator tower to be constructed along the north side of the building. This tower addition must be approved by the Historic Preservation Commission. The Zoning Code requires parking for all residential uses in the CB-5 zone: one parking space is required for each one -bedroom unit (12 spaces total). However, because the subject property is located within the Near Southside Parking Facility District, up to 75% of the required parking spaces may be addressed through a one-time fee of $7,879 per parking space. The fee contributes directly to the construction cost for planned municipal parking facilities within the parking district. A parking facility is planned approximately 2 blocks from the site. The applicant must pay the parking fee for 75% of the required spaces (9 spaces). The special exception seeks relief from the remaining 3 required spaces. The property is located within the Riverfront Crossings District, an area that is undergoing planned transition to higher density residential and mixed uses. While the property is currently subject to CB-5 zoning, a new form -based code is being drafted for this area that will encourage more variety in the size and design and location of residential spaces. ' Apartments on the second and third floors are allowed by right and do not require a special exception. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare, to conserve and protect the value of property throughout the city, and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the specific criteria included in 14-4B-4A-7e, pertaining to multi -family dwellings located at or below street level in the CB-10 and CB-5 zones; and 14-2B-8A-1, allowing the modification or waiver of site development standards to allow preservation of an Iowa City Landmark, 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 for Multi -Family Dwellings at Street Level in the CB-5 zone 14-4B-4A-7e: In the CB-10 and CB-5 zone, except as prohibited in subparagraph (4), below, the Board of Adjustment may grant a special exception for Multi -Family Dwellings to be located on or below the street level floor of a building, provided that the following criteria are met. 1. The proposed dwellings will be located on a property designated as an Iowa City Historic Landmark. A rehabilitation plan for the property has been reviewed and approved by the Iowa City Historic Preservation Commission. The rehabilitation of the property must be completed according to this plan before an occupancy permit is granted. Staff believes the application will satisfy this criterion if the following actions take place: • The Iowa City Historic Preservation Commission (HPC) and the Planning and Zoning Commission voted unanimously to recommend Iowa City Historic Landmark status for 529 South Gilbert Street as an Iowa City Historic Landmark. City Council will begin its review of this request at its April 9 meeting. • HPC will review the historic rehabilitation plan for the building at its April 11 agenda. Staff is recommending approval of the rehabilitation plan. Approval of the requested special exceptions must be contingent upon the applicant securing City Council approval for the Historic Landmark designation and HPC approval of a Certificate of Appropriateness for the rehabilitation plan. 2. The proposed dwelling will not will not significantly alter the commercial character of the CB-5 zone. Staff believes the application satisfies this criterion based on the following. • The property will retain its existing commercial use (the Vine Tavern) within the lowest floor along Prentiss Street. Terracing along the Prentiss Street right-of-way (between the building and the sidewalk) will allow exterior seating along the south side of the building, giving the building more commercial presence along this frontage. • The building's appearance along Gilbert Street will remain as it is now, with the existing "street level" entrance providing secondary access to a single apartment unit. Primary access to all apartments will be provided from a stairwell and elevator tower to be constructed on the north side of the building. 3. There are site conditions or building characteristics that make the street level of the subject building or buildings unsuitable for other uses allowed in the CB-10 zone. Staff believes the application satisfies this criterion based on the following: • The building lacks an "at grade" entrance —street level along Gilbert Street is actually 4 feet above grade. At grade entrances are not only characteristic of commercial spaces, but are also required by the zoning code and desired by most commercial users. • The building was originally constructed for manufacturing uses and is not conducive to many of the commercial uses that are allowed in the CB-5 zone. • Modifying the building to provide the storefront windows currently required by code would diminish the historic character of the building. 4. If an existing building on a landmark property includes three or more of the following commercial storefront characteristics, dwellings are prohibited on or below the street level floor of the building: a) The main entrance is at or near grade. [No, it is 4 feet above grade] b) The front fagade of the building is located within 10 feet of the front property line. [Yes, the property is set at the front property line.] c) The front fagade of the buildings contains ground floor storefront or display windows. [No, the property does not have store -front windows as required by code.] d) The street level floor of the building was originally constructed to accommodate Sales -oriented and Personal Service -Oriented Retail Uses and/or has historically been used for these purposes. [No, the building was designed for manufacturing uses.] Staff believes the application satisfies the criterion based on the following: The only storefront characteristic of the Gilbert Street fagade of the building is its setback, which is zero. All other aspects of the building are not of the commercial character associated with the CB-5 zone. Specific Standards for reducing the off-street parking requirements 14-2B-8A-1: The Board of Adjustment may grant a special exception to waive or modify any dimensional or site development standards listed in this Article or in Chapter 14-5 or any approval criteria listed in Article 14-4B of this Title that would prevent the use or occupancy of property designated as an Iowa City Landmark or registered on the National Register of Historic Places. In addition to the general special exception criteria, the following approval criteria must be met: a. The modification will help preserve the historic, aesthetic, or cultural attributes of the property. Staff believes the following findings support this criterion: • Without the opportunity to earn a reasonable return on the property through reuse, it is likely that the building will not receive the level of investment necessary for long-term maintenance. There is also the possibility of the building being demolished to allow redevelopment similar to other properties along this portion of South Gilbert Street. • The applicant is proposing to rehabilitate the property within the historic guidelines. Substantial investments are necessary to make all floors of the handicapped accessible and to renovate the building in a way that will preserve its historic integrity. • Because the structure occupies the entire property there is no opportunity to provide surface parking on the site. • The applicant has owned the property since 1983. The first floor (25% of the building) has remained mostly vacant for the last ten years. The street level is 4 feet above grade and is not handicapped accessible and does not have commercial storefront windows. b. The applicant must obtain a certificate of appropriateness from the Historic Preservation Commission. Approval of the special exception is subject to the applicant obtaining a Certificate of Appropriateness for the preservation plan from the Historic Preservation Commission. 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. Staff believes the application satisfies this criterion based on the following findings: • It is unlikely that conversion of the Gilbert Street level of the building to one -bedroom or studio apartments will have any impact on the public health, safety, comfort, or general welfare. • Regardless of what uses are present on the property, there will be some demand for parking. Staff believes that at this time, the only way to address the demand for parking is to require the applicant to pay the parking impact fee, which contributes directly to planned facilities in the parking district. 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 findings listed above under general criterion #1 and the following. • The proposed renovation of the building will increase the value of the property and thus contribute to its continued preservation and maintenance. • It is in the public interest that buildings be occupied and provide a reasonable return on investment. • Staff believes parking demand for the property can best be addressed by requiring the applicant to pay the parking impact fee for all required spaces that cannot be provided on site, including the 3 spaces that are part of this application. The parking impact fee contributes directly to construction costs for planned municipal parking structures within the parking district. • The property is located within the Riverfront Crossings District, a redevelopment area that does not designate this property for required storefront uses. Parking within this district will be addressed through planned municipal parking facilities. • The property is in a walkable, pedestrian oriented area, close to downtown and the university and is served by the bus system. 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 criterion based on the findings listed above under general criterion 41 and the following: • Current City policy acknowledges that residential development in this area will create increased demand for parking, however "due to the neighborhood's proximity to the Downtown, it is undesirable to devote significant portions of development sites to parking in the Near Scuthside Neighborhood, since it is in the public interest to develop land now available in the Neighborhood for more intensive residential uses." The imposition of an impact fee for parking not provided on site, contributes directly to the construction of planned parking facilities. • It is not in the public interest for portions of the building to remain vacant or under-utilized. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. • All utilities, access roads, and other facilities are already in place to serve development for this property. The only lacking facility is off-street parking. While there is no space on the property to provide parking , Staff believes all spaces should be addressed through the parking impact fee, which contributes directly to the construction of planned municipal parking facilities. 5. Adequate measures have been or will betaken to provide ingress or egress designed so as to minimize traffic congestion on public streets. The property is located between Maiden Lane, South Gilbert Street, and Prentiss Street. However, there is no vehicle access onto the property from any of these 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. The final rehabilitation plan must be reviewed and approved by the Historic Preservation Commission. All aspects of the development not directly addressed in this report will be reviewed by the Building Official for compliance with the zoning code. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. There are two specific areas of the Comprehensive Plan that appear to apply to this proposal: 1.) the Historic Preservation Plan and 2.) the Downtown & Riverfront Crossings Master Plan: • The Historic Preservation element of the Comprehensive Plan encourages the identification and preservation of historic resources significant to Iowa City's past. There are few remaining structures from Iowa City's industrial and manufacturing past. • The Downtown & Riverfront Crossings Master Plan identifies 529 South Gilbert Street as a Key Historic Building in Riverfront Crossings District. Key Historic Buildings, together with Contributing Historic Buildings and buildings of potential historic significance, provide character and ambiance to the district, and as such are important to identify and protect. • The Downtown & Riverfront Crossings Master Plan encourages a variety of apartment types, including one -bedrooms and studios, which are in short supply and tend to attract more permanent or long-term residents. The property is located within the "South Downtown District' of the Riverfront Crossings Within this district, the plan calls for "residential and office uses to predominate" with retail storefronts required only in strategic locations. This property is not identified as an appropriate location for required retail storefront. The Plan indicates that "In order to achieve the desired level of development within the South Downtown District, the City must address parking demand through a parking district approach, Instead of addressing parking on a project -by -project or site -by --site basis, which diminishes the urban nature of a particular area, parking must be provided on a district wide basis. This means utilizing district serving parking structures, shared parking, and demand pricing to address the demand.' STAFF RECOMMENDATION Staff recommends approval of EXC13-00005, a historic preservation special exception to allow multi -family dwellings at street level of the building and another historic preservation special exception to waive the minimum parking requirements for residential uses to be established at 519 South Gilbert Street subject to the following conditions: • All apartments will be one -bedroom or studio apartments. • Historic Landmark status (rezoning to historic overlay) for the building must secure final approval from City Council. • The applicant must secure a Certificate of Appropriateness for the historic rehabilitation of property from the Historic Preservation Commission. • The applicant must pay the Near Southside Parking District Impact fee for all required parking spaces not provided on -site (12 total). 1. Location map. 2. Photos. 3. Elevations and floorplan. 4. Application materials. 5. Correspondence. Approved by:�`� Robert Miklo, Senior Planner, Department of Planning and Community Development N z♦♦ Q'a U n c u z W : AQj ui Ln z 0 v 0 W V) i� 66 7tJl'dtl 033l b1tl ;§!e��i ��l f4S�� ypa �€ ej° emo�'Qp emo! ]aanS uagl!�J 4!�S6Z5 j$� Me45'i u4of Iy�alM1f�ly £� E ¢ y l VUTA 041 I IS : I ails ai 91 e. ' I 3 i f i 9 I: r #. 7 ._ I , P. I � �nl'avaa�'vw d t, S$ fs & y armor Rl!O e,mo� 1aa11S l�aQl!°J 41noS 6Z9 Ila m? m^e4S'd u4nf GUTA aul w ! F INI'dV C211'V,V fY �� //[ 2M0l 6J!0 EMOl )B2Jj^� }1B(jJ!E� LIj Il05` 6Z5 rneyg .i uyof ;Da}iyDly aUTA 04l 3 # o a^ 5 � a a9a5 h o � oz gO.� O �t O O 1 � � a r �N N m w LT J g w k � z l a r _..f ���� C I G! j O Ln p 0 O O ' I O \, Rh P lid �w WOK aw'de oast b'�e �' qN ( emot'Aip emol jeeils Page 41ao5 6Z9 Me45 'j uyo� aoaliy»y e {3 s s auin a41 F 1. K E z _ C7, `. r f Z J� . \ 5 ` ` ` / \ \ &< \\\ \ \ ^ ` ul \1`` y.4; \}}, :a I\II ƒ ol co 4 V �`34a emol RyioemGul/1,a41`J 41noS 6CS I Ilse Iga I d'N. JNId4' a]T'tll C me4S'd u4of 3aaD » I�� z m O w U w O w 0 v> �fz &_ �I w �7 i� z w w NN [71 U 1711 ❑I� x a 'Ni'avaa3\'vly ��= Ri ve sa F�. enrol 6110 emal 1aw151'agl!e yinoS BZS g metSlloallyaiy - t: I_ sx� OUTA 041 g�, o ao; � O U K K W C � r a� E O - z � w a I �Yia C7 ° ��,.... fiOF I_N �., LL L— _ v I J ' i. �.... �l `� IL� III ❑ ��. 1 I III , I 4 a r ¢� DATE: 03/12/2013 PROPERTY PARCEL NO. 1015132007 PROPERTY ADDRESS: _ 529 S Gilbert Street Iowa Citv IA PROPERTY ZONE: _ CB-5 PROPERTY LOT SIZE: 49' x 77' APPLICANT: Name: JMK Holdinos LC Address: c/o Ms. Kitty Lake 330 E. Prentiss St. Iowa Citv IA 52240 Phone: 319-631-6067 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 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@_ owa-ci .or . for special exception: Date of previous application or appeal filed, if any: is to be located on the Gilbert Street around floor A. Legal Description of Property -c e 6 All that part of Lot A, block 5, Lyon's First Addition to low? City, Iowa, lying North of Prentiss Street, and 1.2-1/2 feet off the South side of Lot 7 in Block 5, Lyon's First Addition,to Iowa•City, lowa, also described and being one and the same as: Commencing at the. ntersection of the North line of Prentiss Street with the east line of Lot 8, Block 5, Lyon's first Addition to Iowa City, Iowa; thence• running north on east line of said Lot, 35.72 feet to the Northeast corner of said Lot; thence west along the north line of said lot to the northwest corner thereof; thence south along the west line of said lot, 35.72 feet to the north line of Prentiss Street;;;: thence east along the north line of Prentiss Street to the place of beginning. Also the South 12-1/2 •feet•ofi' Lot 7, block 5, Lyon's First Addition to Iowa City, Iowa. 6- (VOTE: Conditions. In permitting a special exception, the Board may impose appropriate conditions and safeguards, including but not limited to planting screens, fencing, construction commencement and completion deadlines, lighting, operational controls, improved traffic circulation requirements, highway access restrictions, increased minimum yard requirements, parking requirements, limitations on the duration of a use or ownership or any other requirement which the Board deems appropriate under the circumstances upon a finding that the conditions are necessary to fulfill the purpose and intent of the .Zoning Chapter. (Section 14-8C-2C 4, City Code). Orders. Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the date the written decision is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. (Section 14-8C-1E, City Code). Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter, or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. (Section 14-8C-11F, 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: / aecs'`_ I 2013 Date: ppd.dn�.In apphcairom hoasc d,, r� 4gnae(s 4Aplicant(s) Signature(s) of Property Owner(s) if Different than Applicant(s) ❑ � I, Il a d _ KH LLJ w O Q co O7 .1 W. Qco ELL i I rn W W p W zzpw y W U woW W N d yZ00 133N1 S.16'387/J S z o WIC ttaO —Z 0 d3wo I ❑ ❑ ❑ © I� I. S W w� m ❑ ❑ Wcl O ❑ N � O❑O u �'.W W Z' U- r; s urw`=,6:e Wwof U Ijj Yw ¢z a00 pK a0 w� 1. ., F� zLLJ U ." . Z mzg EXHIBIT B O m O HOLLAND & ANDERSON LLP 123 N. Linn St., Suite 300 P.O. Box 2820 Iowa City, IA 52244-2820 (319) 354-0331 (319) 354-0559 April 2, 2013 VIA E-MAIL Sarah Walz City of Iowa City C. Joseph Holland ihollandOicia law. corn Lars G. Anderson land erson-�icialawxoin RE: Special Exception for 529 S. Gilbert building Dear Sarah: Thanks for calling me back yesterday, I appreciate it. I am getting back to you with some additional information as you requested relating to City ordinance 14-2B- 8A-1. I understand from you that we need to amend the application to add that ordinance in. We would still like to keep a request for an exception pursuant to 14- 5A-4F.5 at this time. You also asked for information in support of a special exception pursuant to 14-213-8A-1, and specifically how granting the parking related special exception would further historic preservation of the building. Our client has owned the building since 1983, and appreciates its historic character. Unfortunately, the first floor of the building, 25% of the total space, has not been used for at least 10 years now. It is not handicapped accessible (nor are the upper floors), nor is it well suited for commercial use generally. The building was originally constructed as a factory and warehouse. The Gilbert Street first floor is actually four feet above grade and does not have large windows, or other features which one would typically want or see for desirable commercial property. Not being able to use the first floor, with limited options for the above floors, present significant economic challenges to continued ownership and maintenance of a building of this age and size, especially in a manner consistent with its existing historic fabric. The two special exceptions in tandem, would allow for full use of the three above floors as studio apartments, which would in turn hopefully generate sufficient income to allow for preservation and enhancement of the existing historic building. Plans are to keep the original floors, window openings, and generally maintain the historic character of the building. The proposed residential use also would mandate sprinklers, which is not be overlooked considering that the interior of the building is framed in wood. This would not only help preserve the building in the event of a fire, but add to safety for the entire area. Obviously, any Board of Adjustment approval would be contingent upon the Historic Preservation Commission approving specific rehabilitation plans for the property. The building has been identified in the Comprehensive Plan as one to be saved and protected. Designation of the building as a historic landmark, coupled with the adaptive reuse of the top three floor as residential, will serve to protect it. The building is built on the lot lines and so there is no way to provide for parking on -site. The only way to provide on -site parking would involve demolition of the existing building. That is a step our client hopes to avoid. The request that is being made with respect to parking, is only for a waiver of three spaces. If granted, we do not believe three additional spaces will substantially increase demand for parking in the area. In light of the significant benefits to be gained by preserving this historic structure, in light of the modest nature of the request being made, we would hope that the Board would favorably look upon the request. Should you have any questions or need further information in support of the amendment to the Application, please feel free to contact me. Thank you again for your assistance. Sincerely, Lars G. Anderson LGA:scs cc: JMK IIoldings John Shaw C. Specific Approval Criteria: Section 14-4B-4A.7.e identifies 4 specific approval criteria: 1. The proposed dwelling will be located on property designated as an Iowa City historic landmark. The rehabilitation plan for the property has been reviewed and approved by the Iowa City Historic Preservation Commission. The rehabilitation of the property must be completed according to this plan before an occupancy permit is granted. The Iowa City Historic Preservation Commission has approved designation of the property as an Iowa City historic landmark. Approval by the Iowa City Council is pending. A rehabilitation plan for the property has not been reviewed and approved by the Iowa City Historic Preservation Commission as of filing the Application. Applicant is requesting that the Board approve this special exception, contingent upon designation of the property as an Iowa City historic landmark and with the requirement that rehabilitation of the property be in accordance with a rehabilitation plan reviewed and approved by the Iowa City Historic Preservation Commission, if designation and approval have not occurred prior to consideration by the Board. 2. The proposed dwelling will not significantly alter the overall commercial character of the CB-10 zone. It is anticipated that this exception will be made applicable to the CB-5 zone. The Applicant believes that the inclusion of residential units on one of two ground floors in the building will not significantly alter the overall commercial character of the zone. 3. There are site conditions or building characteristics that make the street level of the subject building or buildings unsuitable for other uses allowed in the CB-10 zone. The City has determined that the building has two ground floors, one located on Gilbert Street, and the other on Prentiss Street. The Gilbert Street ground floor is actually half a story up. Historically, the site has not been used for storefront and does not have storefront windows. These factors do not make it well suited for any other commercial uses. 4. If the existing building on a landmark property includes three (3) or more of the following storefront commercial characteristics, dwellings are prohibited on or below the street level floor of that building: The building does not include three or more of the four identified characteristics. D. General Approved Criteria: The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The use of one of two ground floors in the building for 4 one bedroom residential units will not be detrimental to or endanger the public health, safety, comfort, or general welfare. As the Gilbert Street "ground" floor is located more than four feet above the sidewalk, it is not well suited to other uses and this will allow for an appropriate adaptive reuse of this historic property, while retaining its historic character. Additionally, reducing the required number of parking spaces will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The parking demands created by the proposal will not exceed the parking demands created by the current and historic use of the building. 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. Previously, there were 20 art studios located in the upper floors of the building. The proposed exceptions will actually diminish traffic in the area and full productive use of the building will increase not only the property value of this building, but the surrounding property values as well. 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 special exceptions complies with plans for the area, including the River Crossing Development, and Comprehensive Plan. In fact, the building is identified as a structure to remain in the current plans for River Front Crossing. The proposed exceptions will allow for productive use of this historic structure. Reduction in required parking and approval of 4 one bedroom residential units will not in any way impede the development of surrounding property consistent with plans for the area and consistent with the current zoning of the property.' 4. Adequate utilities, access road, drainage and/or necessary facilities have been or are being provided. The proposed special exceptions do not entail any necessary changes to- existing utilities, access road, drainage and/or necessary facilities. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. The building located on the property encompasses the entirety of the real estate. No additional ingress or egress is contemplated or required. The Applicant does not believe that the proposed special exceptions will add to traffic congestion on the public streets, and in fact, the exceptions may lower congestion. 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) j Other than the special exceptions required, the proposed exceptions do otherwise comply with the applicable zoning code requirements. The proposed use will be consistent with the Comprehensive Plan of the City The proposed use is consistent with the Comprehensive Plan of the City. I PRESTGE Sara Walz Dept of Planning and Community Development 410 E Washington Street Iowa City, 52240 Dear Sara and the Board of Adjustments, I am writing in regards to the application for the variances for the property at 529 S Gilbert Street. I do not believe that granting the parking variance for this property is in the best interest of the neighborhood. The variance would serve to increase people living in the area without a corresponding increase in parking in a neighborhood where parking is already at a premium. hi the past year, the City passed much stricter occupancy requirements for apartments and rentals in the downtown area, in part to control parking in the area. To allow this variance in the face of the downsizing for al I other landlords is not fair and equitable treatment for all. I also ant not in favor of allowing residential rentals on the first floor with no commercial space. My own property in the next block meets the commercial requirements, and this property should be held to the same standard, The variances should not be allowed. Sincerely, Mike Oliveira General Manager Prestige Properties LLC 329 H Court St Iowa City, IA 52240 (319) 512-7616, EXT 5 329 E Court Street Suite 2 Iowa City, IA 52240 319,512.7616 a d rnin@pres t igeprop, corn MINUTES PRELIMINARY BOARD OF ADJUSTMENT March 13, 2013 — 5:15 PM CITY HALL, EMMA HARVAT HALL MEMBERS PRESENT: Brock Grenis, Gene Chrischilles, Will Jennings, Becky Soglin MEMBERS ABSENT: Larry Baker STAFF PRESENT: Sarah Walz, Sarah Holecek OTHERS PRESENT: Becci Reedus, Bill Bywater, Michael Lensing, Bill Brandt 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 Grenis outlining the role and purpose of the Board and the procedures that would be followed in the meeting. CONSIDERATION OF THE FEBRUARY 13. 2013 MEETING MINUTES Soglin moved to approve the minutes with minor corrections. Chrischilles seconded. A vote was taken and the motion carried 4-0. SPECIAL EXCEPTION ITEM EXC13-00003: Discussion of an application submitted by The Crisis Center of Johnson County for a special exception to establish a general community service use in the Intensive Commercial (CI-1) zone at 1105 S. Gilbert Court. Walz showed the Board a map of the area and explained that the Crisis Center is directly surrounded by properties that are zoned Intensive Commercial (CI-1). She said these zones contain businesses like auto body shops, warehouses, and other businesses that don't generate the kind of traffic associated with general retail uses, such as you might find in the CC-2 zone. She said the property is currently zoned Public (P) and the public hearing for the rezoning will Board of Adjustment March 13, 2013 Page 2 of 8 be set by the City Council next week. She explained that there are two kinds of Community Service uses, and the one before the Board is General Community Service, not Community Service Shelter, which would shelter people overnight. She said the Crisis Center is purchasing the property she indicated on the map with the intent of sharing the property with Iowa City Free Lunch, Domestic Violence Intervention Program (DVIP), and the National Alliance on Mental Illness (NAMI). She said the idea was that all these programs could share resources, as they have many of the same clients. She said within the CI-1 zone there are two other community services uses — the Salvation Army and the Mayor's Youth Empowerment Program that was established through a special exception. She showed pictures of the area and the subject properties. Walz explained that DVIP and NAMI will use the building for office use, group therapy, training, and will typically use it during regular business hours with some weekend activity. She said the most intense use will be the Iowa City Free Lunch Program, which operates six days a week. She said this zone contains businesses with fairly small lots. She explained that previously the subject property was used by the County for what would be considered a similar use as the Public Health Department. She said the building will have seventy-nine parking spaces between it and The Crisis Center, more than the 49 spaces that are the minimum requirement. She said there are many curb cuts on Gilbert Court that cause congestion and limit on -street parking and showed how the applicant plans to improve the flow of traffic on the property and make more room for on -street parking. Walz said that for the Free Lunch Program, many people come on bikes, so staff has suggested a condition that they provide additional bike parking. She said the City Transportation Planners suggested that they use the same calculation used for vehicle parking, so that would ask them to provide twenty-four bicycles parking spaces. She said both the Building Official and the Transportation Planners strongly advised that staff have approval of the bike rack and its location. Walz said that in regard to the general standards she thinks the way the applicant is addressing the parking area and the driveways will improve the situation there by improving the ease of use and the visibility. She said there isn't an issue of safety because there are sidewalks on both sides of all the streets accessing the subject building. Walz said the pedestrian access and transit access and improvement to the parking will help with limiting the impact on other businesses in the area. She said staff believes the applicant should be required to provide parking area trees, one large tree within sixty feet of each parking space or one small tree within forty feet of each parking space to make the area more comfortable and appealing to all the pedestrian traffic, as screening is not required to perhaps wanted in other areas on the site. She said staff is recommending approval of the application with the recommendations that: 1. The applicant will provide one bicycle parking space per 150 square feet of floor area based on the size of the cafeteria and dining area. 2. The bike rack design must be approved by Transportation Planning Staff, 3. Installation of parking area trees to the extent possible given the constraints of the lot. Holecek explained that this is all subject on the proposed rezoning being approved. She said if something changed with regard to the rezoning application and it was made, for instance, CC-2, the applicant would then not require a special exception. Grenis asked if this is part of the Riverfront Crossings District. Walz said it is. Board of Adjustment March 13, 2013 Page 3 of 8 Jennings asked if the bicycle parking space suggested is based on the square footage of only the cafeteria and dining room. Walz said yes. Soglin asked if the Free Lunch Program could expand and offer dinner at some point. Holecek said this special exception is not restricting them to serving lunches only. Walz said the Board could put stipulations on the special exception regarding expansion of services. Chrischilles asked if that was enough bicycle parking and wanted to know what rationale staff had used to determine that. Walz said she had asked the Transportation Planners what would be an appropriate amount to require, and that is what they had suggested. Soglin asked if that number would accommodate additional staff and volunteers. Walz said many of the volunteers come by car. She said she would anticipate staff and volunteers to demand vehicle parking and the higher bicycle demand would come from the clients. Soglin asked if it became apparent quickly that they needed more bicycle racks, could they add them. Holecek said the Board could add that to the special exception. Grenis said he didn't think it was anything that needed to be dictated, that the applicant could take care of that themselves and get more racks if they needed them. Grenis invited the applicant to speak. Becci Reedus, the Executive Director of The Crisis Center. She said she doesn't see the Free Lunch Program expanding. She said The Crisis Center really doesn't need the subject property, but they need its parking, as the number of people they serve and the volunteers required to do that, are at higher numbers than even during the flood of 2008. She said collaboration with the other organizations will enhance services. She said all of the rooms in the subject property will be used, and explained what each organization will use them for. She said combining resources will help everyone save money as funding becomes harder to get. She said they are willing to work with the City to choose suitable bicycle parking and alter it if need be. Reedus said they are putting in good security lighting due to the overnight staff at the crisis line. She said at the good neighbor meeting they held there was discussion about vagrants, and the lighting may help them not congregate and help with safety issues. Grenis opened public hearing. Bill Bywater of 621 S. Summit St. said he is the owner of 1204 S. Gilbert Street, and he represents the owners and managing partner of 1210 S. Gilbert Street. He said he attended the good neighbor meeting and was told that The Crisis Center has excellent police cooperation. He said that his tenants have not always found that to be true. He said he has had to build a fence to keep people off his property as it is on the route that many people take to and from the Homeless Shelter to downtown. He said that traffic will only increase with more lunches served at The Crisis Center. He said more lighting and fencing will be expensive, and still won't eliminate the problem. He said the people who use The Crisis Center are deserving of the services they receive, but this is right in his backyard, and he feels he has to voice his concern on behalf of his tenants and the co -owners of his property. Board of Adjustment March 13, 2013 Page 4 of 8 Michael Lensing of 605 Kirkwood said he wonders if people using the Salvation Army dinner program will linger in the area for the Free Lunch Program. He said he is worried about people not using marked crosswalks or intersections on a busy stretch of Kirkwood to get to The Crisis Center. He said when he uses Gilbert Court, there is a lot of on -street parking, with people coming out from between cars. He said he would urge the City to look at the traffic flow from a safety standpoint, especially if there are more people and children walking. He said he wondered why there wasn't even a little bit of an outdoor area on the subject property if they wanted to do an outdoor function. Bill Brandt of 1203 Highland Court said he owns two buildings on Gilbert Court. He said staff had mentioned in its staff report that there aren't many big trucks going in and out of Gilbert Court. He said early morning and mid -afternoon there are six businesses in the area that have a tremendous volume of truck traffic. He said the parking is horrendous, with all of Mayor's Youth volunteers parking on the street, as is the parking all the way down Gilbert Court, particularly when there is snow on the street and volunteers park there before it is plowed. He said this reduces the street to a little over a lane for two-way traffic. He said his concerns with this application are that there will be more litter, that more people will block driveways, that there will be more vandalism and theft, and there will be safety issues with the big trucks in the area. He said he's concerned that they are creating a campus atmosphere for people to linger, and business staff in the area are afraid to work late. He said the neighbors of The Crisis Center welcome them if they can guarantee that they will police their area and tell people to respect their neighbors. Grenis invited the applicant to respond. Reedus agreed that the traffic on the street is bad. She said that by having a lot the size they have, they are helping to get cars off the street. She said if The Crisis Center was not able to use the subject building's parking, that would put around fifteen to twenty cars parked on the street. She said she had talked to Transportation Planners with the city, and they may be putting up some no parking signs where large vehicle parking makes driving unsafe. She said people at the Crisis Center have to deal with many of the same issues Brandt spoke of. Reedus said they don't want anyone to suffer and are willing to meet with neighbors at any time to try and work out problems. She said they are willing to approach the new lieutenants at Salvation Army and address some of the problems the businesses in the area are having. She said she agrees that Gilbert Court is a very busy street, and she doesn't know why it hasn't been addressed before. She said The Crisis Center will be accommodating all of their flow on their own property. She said they have no interest in expanding and are actually looking for ways to serve more people off -site. Reedus said they had discussed the transient situation, and she doesn't feel comfortable saying that expanding services at the subject location won't increase it. She says they have to be ready to address it if it does. Walz said she had talked with Reedus last summer, and she had the Transportation Planners look at the area then and again when they got the application. She said they didn't see safety issues along Gilbert Court. She said there is a lot of parking, but that tends to slow down traffic. She clarified that the trucks she referred to in staff report were very large freight trucks, and what you'll see in the subject area is not the same intensity you would find in the more industrial areas. Soglin asked how the Transportation Planners studied the issue. Walz said they had no significant reports, and a planner went to the site to observe on two separate days. Reedus said that often Board of Adjustment March 13, 2013 Page 5 of 8 cars will be parked overlapping a driveway apron, and she thinks the City needs to look at exactly which businesses or people are creating this problem. Jennings said he thought one of the salient issues here is that offices and client services are offered at certain times of the day with a certain level or flow of people that is relatively manageable and consistent. He said what seems to suddenly expand this is the addition of the Free Lunch Program. He asked at what point in this process did an attempt to solve The Crisis Center's parking issue become the relocation of the Free Lunch Program. Reedus said The Crisis Center originally couldn't afford the building and really had no use for it. She said they didn't have to go out and look for other agencies to use the building. She knew well before they considered making this application that other non -profits were looking for space and that the Free Lunch Program was one of them. She said there's a problem with non-profit organizations being able to provide services at reasonable cost because the rental prices are astronomical. She said that approximately half the individuals who go to Salvation Army for their dinner also use the Free Lunch Program. She said both organizations also have the same client list. Jennings noted that what he meant was that the Free Lunch Program is a different use than sharing a combined office space. Reedus said before the building was closed, it was use by Public Health, and there was a lot of foot and vehicle traffic, and she doesn't think the Free Lunch Program will create any more than the traffic that was there before. She said with the new lieutenants at Salvation Army they can work together to solve problems that arise, like issues of people loitering during the gap between Free Lunch and the Salvation Army dinner. Lensing said he doesn't think The Crisis Center is necessarily creating a traffic problem, and he would like the City to come down and spend more than two days to look at traffic flow and the safety issues in that area to keep everyone in the area safe. Chrischilles said it seems that the two main concerns are safety of individuals due to lots of traffic in that area and the worries about the increase of transient population from the Free Lunch Program. He suggested that stop signs be put on all three corners of Gilbert Court and Highland, and that would allow for crosswalks to help with the safety issues. He said at the junction of Kirkwood and Gilbert Court they could put a stoplight on Kirkwood, which would create another crosswalk. He said he doesn't think there will necessarily be more transients. He said if there are problems at Salvation Army that's not the problem of The Crisis Center. He agreed that when the building housed Public Health, it created a lot of traffic and attracted low income people to that area. He said he doesn't think the increase in transient population will override the benefits of the combined services in one building. Jennings asked for clarification on the rezoning issue. Walz explained the building zoning is currently Public (P), and because this building will no longer be owned by the government, its zoning must change. She explained the two choices for rezoning. Soglin said she would like more information about the traffic and police reports about incidents Board of Adjustment March 13, 2013 Page 6 of 8 Jennings said the two major areas that have come up here seem to be a traffic plan and public safety concerns. He said he would like more information about the possibility of adding stop signs or other safety measures. He said he would like to hear some reports from the police. He said a client of the Free Lunch Program is as much deserving of a safe sidewalk and a safe street as anyone else. Chrischilles asked if the Board didn't feel they had enough information to decide now. He said he doesn't understand Soglin and Jennings' requests for more information and what that's going to provide to make the decision to allow the building to be occupied by the non -profits. Jennings said that staff has under the general and specific criteria stated that they believe things do meet or do not meet concerns under specific and general criteria, and part of those are based on traffic flow and public safety. He said that information tonight from the public suggests that maybe those questions have not been thoroughly addressed and staff should have the opportunity to gather more information and make a recommendation based on those specific concerns. Chrischilles said the specific concerns were raised based on conditions that already exist and not on conditions that are going to be created by the occupancy of the subject building. He said he thinks the Board is getting away from what they are supposed to be deciding. Jennings said the Board is being asked to extend an exception to a CI-1 zoning which constitutes an exception to the stated use of CI-1 zoning. Walz said that the purpose of getting more information from the Transportation Planners and the Police is to reaffirm what is in the staff report. She said from hearing what people in the neighborhood had to say tonight, it can give her an opportunity to talk to police and see what their view is of what's happening and if there a remedy for it. Walz said she understands Chrischilles' point, but hopes to bring the Board more information that will make them confident in their decision. Grenis said his sense is that the Board doesn't have confidence right now in approving what's before them, and additional information might help. Chrischilles asked why they didn't wait to see what the rezoning would be before this application was brought before this Board. Walz explained that the property doesn't meet the criteria of a CC-2 property, and the only other choice is CI-1, and she believes that it will be granted CI-1 status for a number of reasons that she explained. Jennings reiterated that he supports the services of the non -profits and is aware of their value. Holecek asked for clarification of what kind of information Soglin wants from the police. Soglin stated that Brandt had mentioned increased incidents, and she said she might like to look at reports going back five years. Board of Adjustment March 13, 2013 Page 7 of 8 Chrischilles asked how they are going to extrapolate information from the past to use for their benefit. Soglin said perhaps incidents could be correlated to changes in the area. She said she is also supportive of these services, but she doesn't think that the non -profits should be responsible for solving the issues that have been brought up. She said she's also concerned about a tipping point for safety and other problems. She said she's not comfortable making a decision tonight. Reedus reiterated that by granting approval, more parking will be in the lot on the subject property. Grenis closed the public hearing. Soglin moved to defer EXC13-00003, an application submitted by The Crisis Center of Johnson County for a special exception to establish a general community service use in the Intensive Commercial (CI-1) zone at 1105 S. Gilbert Court. Jennings seconded the motion. A vote was taken and the motion carried 3-1 (Chrischilles voting no). OTHER: BOARD OF ADJUSTMENT INFORMATION: ADJOURNMENT: Jennings moved to adjourn. Grenis seconded. The meeting was adjourned on a 4-0 vote. 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