HomeMy WebLinkAbout01-08-2014 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, January 8, 2014 — 5:15 PM
City Hall — Emma J. Harvat Hall
AGENDA
A. Call to Order
B. Roll Call
C. Consider the December 11, 2013 Minutes
D. Special Exception Item
EXC13-00016: Discussion of an application submitted by King of Glory International Church to allow a
Daycare Center for up to 16 children at 2024 G Street and for a parking reduction to allow shared
parking with the adjacent church property at 921 Third Avenue.
E. Board of Adjustment Information
F. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING: February 12, 2014
STAFF REPORT
To: Joint Staff
Item: EXC13-00016
2024 G Street
GENERAL INFORMATION:
Applicant:
Prepared by: Sarah Walz
Date: January 8, 2014
King of Glory International Church
921 3rd Avenue
Iowa City, IA 52245
Contact: Thomas McInerney
1208 Marcy Street
Iowa City, IA
Requested Action: Special exception to allow a daycare center in the
Low -Density Single -Family Residential (RS-5)
zone.
Location: 2024 G Street
Size: 9,600 square feet
Existing Land Use and Zoning: Low -density Single-family (RS-5)
Surrounding Land Use and Zoning: North: Residential (RS-8)
South: Residential (RS-5)
East: Religious Assembly (RS-5)
West: Residential (RS-5)
Applicable code sections: 14-413-3A, (General Criteria), (Specific Criteria for
Daycare uses in single-family residential zones.
File Date: December 13, 2013
BACKGROUND: The King of Glory International Church is applying for a special exception to
allow the establishment of a daycare center for up to 16 children at 2024 G Street. The property
is a single-family home that is associated with and under the same ownership as the adjacent
church building at 921 Third Avenue.
The daycare service will be located on the first floor of the house in an area to the rear of the
original portion of the house (see site plan), with the main entrance directly off the parking area.
Vehicle access to the parking area and the proposed daycare site is provided from a curb cut on
G Street. A pedestrian access from G Street will be created using brick pavers.
The applicant is also seeking to reduce the required parking for the daycare due to unique
circumstances: the proposed daycare center and the adjacent church share the parking area.
Daycare Uses are required to provide 1 parking space per employee based on the maximum
number of employees at the site at any one time plus one parking space for each 10 children or
clients served, based on the maximum number that will be present on the site at any one time,
plus one stacking space for each 20 children or clients served based on the maximum number
that will be present on the site at any one time.
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-6 pertaining to Daycare
uses; 14-5A-4F-5 pertaining parking reductions for unique circumstances, in addition to the
general approval criteria for all special exceptions as set forth in Section 14-4B-3A.
The applicant's comments regarding each of the specific and general standards are included on
the attached application form. Staff comments related to the specific and general approval criteria
are set forth below.
Specific Standards (14-4B-4E-6).
a. Required Interior Activity Areas: Child daycare centers must contain at least 35 square feet
of usable interior floor space per child. Reception areas, kitchens, storage areas, offices,
bathrooms, and hallways are excluded when calculating the required floor area. The dining area
may only be included in the square footage calculation if used by daycare participants for
activities other than meals. When co -located in a facility that houses other uses or services, the
proposed daycare use must have its own separate identifiable space for program activities.
Staff believes the applicant has satisfied the standard based on the following findings:
• A daycare center for 16 children requires a minimum floor area of 560 square feet.
• The first floor of the existing home provides more than 1,600 square feet of floor area.
The daycare will be situated in the rear addition, which is approximately 896 square
feet.
• The church is in the process of modifying the first floor of the house to serve the
daycare and is required to apply for a building permit to establish the use. The actual
square footage for the daycare will be conflrmeded as part of the permitting process.
b. Required Outdoor Areas: Child daycare uses must provide a fenced outdoor play area of not
less than one hundred (100) square feet per child based on the maximum number of children that
will be using the outdoor play area at any given time. The outdoor play area must meet the following
standards:
(1) Playground equipment is not permitted within the front and side setbacks.
(2) Outdoor play areas must be well drained, free from hazards, and readily accessible to the
daycare center. In residential zones, outdoor play areas must be completely enclosed by a fence
at least four feet (4) in height.
Staff believes the applicant has satisfied these standards based on the following findings:
• The proposed outdoor play area is located to the rear of the daycare. The submitted
site plan shows that the area consists of approximately 1,600 square feet.
• The applicant has indicated that no play equipment will be located within the required
5-foot side setback.
• The site plan indicates a chain link fence, 4 feet in height to surround the play area.
c. Vehicular Circulation: The daycare use must provide a drop off/pick up area in a location
that is convenient to or has good pedestrian access to the entrance to the facility. This drop
off/pick up area must contain sufficient stacking spaces and/or parking spaces to ensure that
traffic does not stack into adjacent streets or other public rights -of -way. To promote safe
vehicular circulation, one-way drives are encouraged.
Staff believes the applicant has satisfied the standard based on the following findings:
• Vehicle access is provided via a curb cut from G Street.
• In order to serve 16 children, the daycare is required to have a minimum of 4-6
parking spaces based on the age of the children in its care, plus one stacking space.
• The parking area provides 20 parking spaces and more than 70 feet of stacking
space along the west side of the parking area.
• Given the size and configuration of the lot, no cars will be required to back into the
street and there is adequate space to turn around in the parking area.
• The site plan shows a pedestrian route from the sidewalk on G Street to the main
entrance to the daycare.
e. Pedestrian Circulation: A sidewalk must be constructed connecting the main entrance of the
center to the adjacent public right-of-way. Pedestrian access must be clearly separated or
distinguished from vehicular circulation areas to minimize the extent to which users of the facility
are required to walk across drives or aisles to gain access to the daycare center.
Staff believes the applicant has satisfied the standard based on the following findings:
• The site plan shows a 5-foot wide pedestrian route to the from the sidewalk on G
Street to the main entrance of the daycare.
• The sidewalk will have distinctive paving (the site plan shows brick pavers) to
distinguish it from the adjacent parking area.
• Pedestrians using the pedestrian route are not required to cross drives or aisles in
order to access the daycare entrance.
f. Site Development Standards: If the proposed use is located in a Residential Zone or in the
Central Planning District, it must comply with the Multi -Family Site Development Standards as
set forth in Section 14-2B-6.
This is a somewhat unusual situation as the church property was established on a parcel that
fronts on three streets: G Street, Muscatine Avenue, and Third Avenue. The Multi -family site
development standards require parking areas to be located behind the building and to provide
setback from the property line. The existing parking lot extends beyond the front fagade of the
church and the daycare and has no setback from the front property line along the G Street
frontage. The site is constrained such that there is limited space to provide both the required
parking in addition to the required setbacks and screening.
While staff believes that, while it may be desirable for the parking area to be brought closer into
compliance with the code requirements for screening and setbacks, it is also desirable for the
church to maintain its off-street parking. in staffs view, it is not appropriate to bring the parking
area into conformance with the setback and screening areas at this time.
• The proposed daycare is limited in size —it does not exceed the size of an in -home
daycare, which is allowed to provide care for up to 16 children.
• The applicant is not proposing an addition to the building as part of this proposal,
however the applicant has indicated that it is a goal of the church to expand the
daycare in the future.
• If the daycare expands beyond 16 children, the church will be required to seek a new
special exception and at that time the board should give careful consideration to
requiring the parking area to come closer into compliance with the setback and
screening standards in the code.
Parking Reduction for Other Unique circumstances (14-5A-0-5): Where it can be
demonstrated that a specific use has unique characteristics such that the number of
parking or stacking spaces required is excessive, the Board of Adjustment may grant a
special exception to reduce the number of required parking or stacking spaces by up to
60%.
Staff believes the applicant satisfies this criterion based on the following findings
• The two properties and the two uses are under the same ownership.
• The parking area covers portions of both lots,
• In order to serve 16 children, the daycare is required to provide a minimum of 4-6
parking spaces in addition to the 20 required for the church.
• The parking area provides 20 parking spaces in addition to 70 feet of stacking space
along the west side of the parking area.
• The two uses (church and daycare) do not operate during the same hours: the
daycare will operate weekdays only, from 7 Am until 6 PM; the church is used mainly
on weekends, though some weeknight activities are possible.
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 findings articulated above regarding
vehicle circulation and pedestrian access.
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 findings articulated above regarding
vehicle circulation and the parking.
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 concludes that the application satisfies this criterion based on the following findings:
0 The daycare is limited in size, providing care for up to 16 children.
• The daycare does not operate during the same hours as the church and is therefore
able to share the parking area.
• There is no proposed expansion of the parking area or either structure.
• In the future, if the daycare wishes to expand beyond 16 children it will be required to
secure a new special exception. At such time the board should carefully consider
bringing the parking area into closer compliance with the code requirements for
setback and screening.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
All utilities, access roads, drainage and other facilities are in place to serve this property.
6. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets.
Staff finds that the application satisfies this criterion based on the following findings:
• Access to the parking area is provided via a two-way drive entrance onto G Street, a
low -volume residential street.
• A daycare for 16 children requires a maximum of 6 parking spaces.
• Given the size and configuration of the parking area, vehicles may stack in the drive
and can circulate within the lot without need to back into the public street.
6. Except for the specific regulations and standards applicable to the exception being
considered„ the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
Staff finds that the application satisfies this criterion based on the following findings:
As noted above, the parking area does not comply with the code requirement for setbacks and
screening. However, given the limited parking required for the daycare and the desire to
maintain adequate off street parking for the church, staff does not believe it would be
appropriate to require compliance with the parking setbacks and screening at this time. Should
the daycare expand beyond 16 children in the future, the applicant is required to seek a new
special exception. At that time, staff believes the board should carefully consider requiring the
parking area to come closer to complying with the setback and screening standards.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
The Comprehensive Plan does not address this situation directly, but does encourage the
location of civic uses such as churches, daycares, and schools within neighborhoods. The
Central District Plan encourages the development of businesses, institutions, and public entities
that provide services and amenities that support healthy neighborhoods.
STAFF RECOMMENDATION:
Staff recommends approval of a daycare use for property located in the Low Density Single -
Family (RS-5) zone at 2024 G Street subject to the following conditions:
• Substantial compliance with the site plan submitted.
The size of the daycare may not exceed 16 children. To increase the number of children
to more than 16 will require a new special exception.
Staff recommends a reduction in the total number of required parking spaces to serve the
church and daycare from 26 to 20 total spaces to be shared by both uses.
ATTACHMENTS:
1. Location map
2. Aerial views of the properties
3. Site plan
4. Photo
5. Application materials
Approved by: % LCI �L t/�
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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APPLICATION TO THE
BOARD OF ADJUSTMENT
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•..ADDRESS:
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APPLICANT: dame:-TAaMas (Ale 100kNE Y
Address: 11-08 Ntr rc� `Ss, t 0wa 0;71A I i,
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CONTACT PERSON: Name. K+na
(if other than applicant) rd
Address:
Phone: . I`�^ � S - 2845
PROPERTYOWNER:
Address:(if other than applicant)
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Purpose for special exception: I✓ag:L't
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Date of previous application or appeal filed, if any: NJ A
Thomas McInerney Architect
Special Exception for a Daycare
2024 G Street
Thursday, December 12, 2013
Legal Description of Property: Lot 7 & E 1/2 Lot 6 BLK 26 & S 1
adjacent East Iowa City
Specific Approval Criteria
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The property is an existing 60' x 160' (9,600 square foot) lot with a single family'''
residence within a RS-5 zone. Towards to the East and adjacent property, 921 3rd
Street has an existing church on a which shares a parking lot with the property. Both
properties are owned by the The King of Glory International Church. Both properties
have long operated as one and the daycare shall be operated by members of the
Church.
The proposed use of the existing residence is to establish a daycare in the rear portion
of the existing structure. The rear portion of the building is 853 square feet in area and
the floor elevation is near grade level. The size of the area will adequately
accommodate the proposed daycare's capacity of 16 children. The hours of operation
shall be 7AM to 6PM, Monday through Friday.
Eventually; when the daycare business thrives, the daycare intends to build an addition
to the existing residential structure to increase the capacity of the number of children
served. The intended goal of the capacity is to be under 50.
The existing driveway and parking lot is paved and drains gradually to the Northeast
into grass and to the South via the existing driveway.
The outdoor play area is proposed to be located behind the existing primary on -site
structure. The fence enclosure shall not encroach into the side setback and it will be
about 1,600 square feet in area allowing 100 square feet per child of play area. The
fence shall at least four feet in height.
Page 1 of 3
Thomas McInerney Architect
Thursday, December 12, 2013
Responses to the General Approval Criteria of the Special Exception:
1. The specific proposed exception will not be detrimental to or endanger the public health, safety,
comfort, or general welfare.
2024 G Street Daycare shares a paved parking and driveway area with the
adjacent lot to the East. The adjacent lot• •- occupancy
The occupant load of the church is 120 which requires 20 off-street parking
stalls. The Daycare will require 7 off-street parking stalls. Since both
occupancies operate at different hours (daycare is during the workweek while
the church is during the weekends), a special consideration is requested to allow
the amount of off-street parking requirements to be limited to the most
demanding of the two occupancies. The King of Glory International Church
requests requiring 20 off-street parking spaces in lieu of 27.
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
2024 G Street Daycare shall not substantially diminish or impair property values.
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.
No significant exterior modifications are being proposed; therefore, 2024 G
Street Daycare shall not impede the normal and orderly development and
improvement of the surrounding property for uses permitted in the district.
4. Adequate utilities, access roads, drainage andlor necessary facilities have been
provided.
2024 G Street Daycare shall comply with requirements such as ingeish& e
path to the daycare entrance, providing a bike path and trash en 7 rq M
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5. Adequate measures have been or will betaken to provide ingress or egress design to minimize
traffic congestion on public streets. rn
2024 G Street Daycare shall utilize existing infrastructure including the off-street
parking area and shared driveway entrance.
Page 2 of 3
Thomas McInerney Architect
Thursday, December 12, 2013
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.
2024 G Street Daycare shall conform to the applicable regulations and
standards of a RS-5 zone.
7. The proposed use will be consistent with the Comprehensive Plan of the City.
The use of 2024 G Street Daycare shall conform with Comprehensive Plan of
the City.
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Page 3 of 3
MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
DECEMBER11, 2013 — 5:15 PM
CITY HALL, EMMA HARVAT HALL
MEMBERS PRESENT: Larry Baker, Gene Chrischilles, Connie Goeb, Brock
Grenis, Becky Soglin
MEMBERS ABSENT: None.
STAFF PRESENT: Sarah Walz, Sarah Holecek
OTHERS PRESENT: Jesse Allen
RECOMMENDATIONS TO CITY COUNCIL: None.
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
The reading of the opening statement was waived by the Board.
CONSIDERATION OF NOVEMBER 13, 2013 MEETING MINUTES
Chrischilles moved to approve the minutes
Goeb seconded the motion.
A vote was taken and the motion carried 5-0.
OTHER
A request from Jay Nelson to extend the term of a variance granted in May, 2013, to allow
redevelopment of property located in the Central Business Service (CB-2) zone at 211 N.
Linn Street.
Walz said the property owner is in the process of selling the property and wants to ensure that
the new owner has the same rights and obligations that the Board imposed. She said the idea is
that within six months, starting from the date of this meeting, the owner should get a building
permit and progress should be seen.
Holecek said that there were a number of conditions placed on the building to be constructed
there so those would also be transferred with the continuing variance allowance.
Grenis opened public hearing.
Board of Adjustment
December 11, 2013
Page 2 of 3
Jesse Allen of Allen Homes said he was already building a project up the street from the subject
project and got to know Nelson from being around the neighborhood. He said he purchased the
plans from the architect and plans to build the building the Board has already approved. He said
if the request to extend the term is approved, they will probably start construction in February or
March.
Grenis asked if Allen is up-to-date on the conditions the Board put on this property. Allen said
he's very familiar with this project because he's been entrenched in the neighborhood with his
other projects.
Grenis closed public hearing.
Soglin moved to approve the request for an extension of the term of variance of 211 N.
Linn Street, which is VAR13-00001.
Baker seconded the motion.
Grenis said based on the Board's extensive findings the first time this variance came before the
Board and because nothing has changed, he is comfortable approving the request.
The other Board members concurred with those findings.
A vote was taken and the motion carried 5-0.
Grenis declared the motion approved,
OTHER:
BOARD OF ADJUSTMENT INFORMATION:
ADJOURNMENT:
Chrischilles moved to adjourn.
Soglin seconded.
The meeting was adjourned on a 5-0 vote.
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