HomeMy WebLinkAbout03-12-2014 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, March 12, 2014 — 5:15 PM
City Hall — Emma J. Harvat Hall
AGENDA
A. Call to Order
B. Roll Call
C. Consider the January 8, 2014 Minutes
D. Special Exception Items
1. EXC14-00001: Discussion of an application submitted by Hy-Vee Stores, Inc. for a pharmacy drive-
thru for property located in the Community Commercial (CC-2) zone at 1109 & 1123 North Dodge
Street.
2. EXC14-00002: Discussion of an application submitted by Hy-Vee Stores, Inc. for a drive -through
associated with a coffee shop located in the Community Commercial (CC-2) zone at 1109 & 1123
North Dodge Street.
E. Board of Adjustment Information
F. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING: April 9, 2014
STAFF REPORT
To: Board of Adjustment
Item: EXC14-00001 and
EXC14-00002
North Dodge Street
and Prairie du Chien Road
GENERAL INFORMATION:
Prepared by: Sarah Walz
Date: March 12, 2014
Applicant: Hy-Vee Stores, Inc.
5820 West Town Parkway
West Des Moines, Iowa 50266
jbrehm@hy-vee.com
Contact: Paul Anderson
MMS Consultants
1917 South Gilbert Street
Iowa City, Iowa 52240
k.beckler@mmsconsultants.net
319-351-8282
Requested Action:
Special exceptions to allow two drive -through
facilities in the CC-2 zone.
Purpose: Establish two drive -through facilities as part of a
commercial redevelopment: a pharmacy drive -
through associated with the grocery store building;
and a drive -through for an eating establishment
associated with a convenience store/gas station.
Location: The corner of Prairie Du Chien Road and North
Dodge Street, formerly the Roberts Dairy site.
Size: 8.21 acres
Existing Land Use and Zoning: Vacant: Community Commercial (CC-2)
Surrounding Land Use and Zoning: North: Residential (RS-8)
South: Residential and commercial (CC-2)
East: Commercial (current Hy-Vee) (CN-1)
West: Residential (RS-8)
Applicable code sections: 14-4C-2K, specific criteria for drive -through facilities
14-4B-3A, general criteria for special exception
File Date: February 12, 2014
BACKGROUND:
Hy-Vee is in the process of relocating their North Dodge Street store to 8.21-acres of property
located at the northeast Cromer of Prairie du Chien Road and North Dodge Street. The site was
formerly home of the Roberts Dairy facility and has been rezoned to Planned Development
Overlay Community Commercial (OPD-CC-2) zone in anticipation of redevelopment by Hy-Vee.
As part of the development plan, the St. Clements Street right-of-way, which serves 9 homes
located north of the site will be re-routed and constructed to City standards —the former right -of
way was indistinguishable from the Roberts Dairy truck lot. The re-routed section of the street will
run east west along the northern boundary of the Hy-Vee site and connects into Prairie du Chien
Road.
Hy-Vee has requested two special exceptions for two separate drive -through facilities. Drive-
throughs are considered an accessory use and are allowed by special exception in the
Community Commercial (CC-2) zone.
The North District Plan has the following to say about commercial uses in this area
"The Dodge Street Commercial area between Prairie du Chien Road and Dubuque Road is
intended to provide neighborhood -serving businesses. Uses such as the Hy-Vee and the Hilltop
Tavern are considered important elements to livability in the North District. As properties develop or
re -develop in this area, main street design principles should be encouraged. However, in order for
this commercial area to function like a main street, the underlying zoning and transportation system
and the mixture of land uses it fosters may need to be re-examined. When Dodge Street is
reconstructed in 2003, it will be important to re -analyze carefully how changes in the transportation
system will effect this commercial node. Sensitive site design that encourages pedestrian activity
and captures the attention of drivers passing through on Dodge Street, would help to cultivate this
area for more neighborhood -serving uses over time."
In 2013, Hy-Vee applied for, and was granted by the Board of Adjustment, special exceptions to
establish the two drive-throughs now being proposed. Due to delays with the purchase of the site,
the applicant was unable to begin the building permit process within the six-month term of the
special exception and did not request an extension from the Board. For this reason the applicant
is required to seek a new special exception.
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-pertaining to 14-4C-2K in addition to the general
approval criteria for special exceptions as set forth in Section 14-413-3A.
The applicant's comments regarding each of the speck and general standards are included on
the attached application forms. Staff comments related to the specific and general approval
criteria are set forth below.
Separate evaluations of the two drive-throuahs applications are attached
REPORT: Drive -through Pharmacy
Application EXC14-0001 requests a drive -through to serve the Hy-Vee pharmacy as part of the
proposed 51,770 square foot Hy-Vee grocery store being developed on the site. The drive -
through would be located adjacent to the main entrance (on the west side) of the proposed
grocery store building. The proposal is similar in design to a drive -through that was approved for
the Waterfront Hy-Vee in 2009, although that drive -through included a second lane for grocery
pick-up.
The site plan shows the proposed pharmacy drive -through lane separated from the main
circulating drive by an 8.5-feet wide median, which would feature a transaction tube for the
pharmacy. One car may access the pneumatic tube system with space for another car to stack
behind. The width of the sidewalk between the drive -through lane and the building is
approximately 7 feet. The applicant has agreed to install bollards between the sidewalk and the
drive -through lane —bollards are shown on the site plan.
Specific Standards (14-4C-2K)
a. The number of drive -through lanes, stacking spaces and paved area necessary for
the drive -through facility will not be detrimental to adjacent residential properties or
detract from or unduly interrupt pedestrian circulation or the commercial character of
the area where it is located. To promote compatibility with surrounding development,
safe pedestrian access, and efficient and safe vehicular circulation on the site, the
Board of Adjustment may require certain conditions, including, but not limited to,
restricting the location of the drive -through to rear or side access, requiring
directional signage, limiting the number of land and/or amount of paving, and limiting
or prohibiting the use of loudspeaker systems.
Staff believes the application satisfies this criterion based on the following facts:
• The location of the drive -through service and pneumatic tube is more than 150 feet from
both the nearest residential property to the north and from the curb cut onto Dodge
Street to the south.
• A green space to the north of the Hy-Vee building includes a row of established trees.
The site plan shows a number of additional evergreen trees are proposed in this area.
Trees will screen views of the drive through from residential properties to the north.
• The speaker system would be pointed toward the building and away from the residential
neighborhood to the north.
• The proposed site plan shows space for one car to access the drive -through service
(pneumatic tube system) with one stacking space behind. Given the anticipated levels of
service for these uses at grocery store, staff believes that adequate stacking spaces are
provided and will not interrupt traffic circulation along the main drive in front of the store.
Any additional stacking would be along Hy-Vee's private drive and would not interfere
with St. Clements Street or the North Dodge Street rights -of -way.
• A 7-foot wide sidewalk is provided between the building and the drive -through. Bollards
will separate the drive -through from the sidewalk.
b. The transportation system is capable of safely supporting the proposed use in
addition to the existing uses in the area. Evaluation of factors includes street capacity
and level of service, effects on traffic circulation, access requirements and pedestrian
safety. An adequate number of stacking spaces must be provided to ensure that traffic
safety is not compromised.
In addition to the findings above, staff believes the application satisfies this criterion based on
the following facts:
• Though traffic volume may increase with the grocery and convenience store proposal,
North Dodge Street is a major arterial street/state highway constructed with the capacity
to handle high traffic volumes. Prairie du Chien Road is an arterial street with the
capacity to support the traffic generated by this commercial development.
• Staff does not anticipate that the presence of the pharmacy drive -through will generate
significant additional traffic for the development.
• Curb cuts along North Dodge Street are located no less than 150 feet from the
intersection in compliance with the arterial street access standards in the zoning code.
• The entrance to St. Clements Drive is located nearly 300 feet from the intersection.
• Multiple entrance drives to the Hy-Vee parking lot are provided in order to disperse traffic
efficiently and to avoid congestion and conflicts with the intersection.
• The site plan includes the required pavement markings to direct traffic one-way into the
drive -through.
c. The drive -through lanes must be set back at least 10 feet from the adjacent lot lines
and public rights -of -way and screened from view to the S2 standard. If the drive -through
is located adjacent to a residential use or property zones Residential, it must be
screened from view of these properties to at least the S3 standard. The Board of
Adjustment may Increase or reduce these standards according to the specific
circumstances affecting the site.
Staff believes the application satisfies this criterion based on the findings provided above under
criteria a and b.
d. Lighting for the drive -through facility must comply with the lighting standards set forth
in Article 14-5G and must be designed to prevent light trespass and glare onto
neighboring residential properties.
• All outdoor lighting for the commercial development must be reviewed and approved by
the Building Official as part of the building permit process.
General Standards (14-4B-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:
• Though traffic may increase with the grocery and convenience store development, North
Dodge Street is an arterial streettstate highway constructed with the capacity to handle
high traffic volume. Prairie du Chien Road is an arterial street with the capacity to serve
this development.
• The pharmacy drive -through is not anticipated to generate significant levels of traffic to
the development.
• Curb cuts along North Dodge Street are located 150 feet from the intersection in
compliance with the arterial street access standards in the zoning code. Multiple
entrances are provided in order to improve traffic circulation.
• The site plan for the drive -through includes required pavement markings to direct traffic.
• Using bollards to separate the drive -through from the pedestrian area will ensure the
safety of pedestrians using the sidewalk along the drive -through.
2. The specific proposed exception will not be injurious to the use and enjoyment of other
property in the immediate vicinity and will not substantially diminish or impair property
values in the neighborhood.
Staff concludes that the findings articulated above regarding distance from the residential
neighborhood, screening, and anticipated traffic all support this criterion.
3. Establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the zone
In which such property is located.
Staff believes the findings articulated above regarding distance from the residential property,
stacking space, street access, and screening support this criterion.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
Staff believes the application satisfies this criterion based on the following finding:
• Provision of utilities, drainage and other necessary facilities are being addressed in
the redevelopment of this site.
• Adequate access roads are being provided via the re-routed St. Clements Street
and from North Dodge Street.
5. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets.
Staff believes the findings listed under general criterion 9 above also satisfy this criterion.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
The applicant must apply for a building permit to establish the use. All other elements of
the building and site plan not specifically discussed here, including lighting and signage,
will be reviewed for compliance with the zoning code.
. ... :. .: . . . .:.
The North District Plan future land -use map shows this area as appropriate for
retaillcommunity commercial use. However, the Plan qualifies the land use map with
text indicating the redevelopment of the dairy property should be in a "Main Street" style
that is compatible with the adjacent residential neighborhood. The North District Planning
Principles emphasize commercial site design that is sensitive to adjacent residential areas.
The Comprehensive Plan describes a "Main Street' commercial center as having buildings
that are close to the street with parking lots to the rear or sides; the use of street trees and
pedestrian level lighting and street furniture such as benches, to improve the pedestrian
environment; public or semi-public spaces such as plazas and squares. In order to ensure
that the development meets the intent of the language in the Comprehensive Plan, the
City Council approved a conditional zoning agreement for the redevelopment that controls
the design of the building and places requirements for buffers and landscape screening
and limits the number of signs and their placement on the site.
STAFF RECOMMENDATION : Staff recommends approval of the drive -through subject to the
following conditions:
• Substantial compliance with the site plan submitted.
• Installation of bollards between the sidewalk and drive -through lane; this aspect of
the site plan to be approved by planning staff.
REPORT: Drive -through coffee shop
Application EXC14-00002 requests a drive -through for a quick service coffee shop associated
with a convenience store/ gas station to be located near the intersection of Prairie du Chien Road
and North Dodge Street. Coffee shops are classified under "eating establishment" in the zoning
code. The convenience store is a 4,500 square foot building; the proposed coffee shop will occupy
approximately 1,300 square feet of floor area.
A single drive -through lane circulates around the back side of the convenience store building,
coming within approximately 15 feet of the Prairie Du Chien Road right-of-way. The drive -through
is located approximately 70 feet from the nearest residential property to the west and 200 feet
from the nearest residential property to the north. The site plan shows a 5-foot high brick wall
with additional low growing shrubs as a way of screening views of the drive -through from the
Prairie du Chien right-of-way and from the adjacent residential property to the west. The site plan
shows three stacking spaces at the order board and three more at the pick-up window. The order
board is shown facing north in a location screened by the proposed wall. The applicant has
requested hours of operation beginning at 5 AM.
Specific Standards (14-4C-2K)
a. The number of drive -through lanes, stacking spaces and paved area necessary for the
drive -through facility will not be detrimental to adjacent residential properties or detract
from or unduly interrupt pedestrian circulation or the commercial character of the area
where it is located. To promote compatibility with surrounding development, safe
pedestrian access, and efficient and safe vehicular circulation on the site, the Board of
Adjustment may require certain conditions, including, but not limited to, restricting the
location of the drive -through to rear or side access, requiring directional signage,
limiting the number of lane and/or amount of paving, and limiting or prohibiting the use
of loudspeaker systems.
Staff believes the application satisfies this criterion based on the following facts.
• The drive -through is accessed from the larger development parking area and is located
near the intersection of two arterial streets.
• The site plan shows a single drive -through lane, which limits the potential intensity of the
drive -through use.
• Pedestrian access routes to the convenience store are located to the north and south of
the building and do not conflict with the drive -through stacking areas.
• A 5-foot brick wall and landscaping screens the drive —through from the residential
property to the west.
• The order board is oriented to face north and is located in an area adjacent to the wall,
which should minimize any noise escape from the property.
b. The transportation system is capable of safely supporting the proposed use in
addition to the existing uses in the area. Evaluation of factors includes street capacity
and level of service, effects on traffic circulation, access requirements and pedestrian
safety. An adequate number of stacking spaces must be provided to ensure that traffic
safety is not compromised.
In addition to the findings above, staff believes the application satisfies this criterion based on
the following facts.
• The transportation system previously supported the Robert's Dairy shipping facility in
addition to the existing Hy-Vee store to the east.
• Though traffic volume will likely increase with the grocery and convenience store, North
Dodge Street is an arterial street/state highway and is constructed with the capacity to
handle high traffic volume. Prairie du Chien Road is an arterial that can support the level
of anticipated traffic.
• The relocation and improvement of St. Clements Street will help to disperse traffic from
the commercial development onto Prairie du Chien Road. The entrance to St. Clements
Drive is located nearly 300 feet from the intersection with Prairie du Chien Road and
complies with the access standards in the code.
• Curb cuts along North Dodge Street are located no closer than 150 feet from the
intersection in compliance with the arterial street access standards in the zoning code.
• Multiple entrances to the development are provided in order to disperse by allowing
multiple points of entry and exit. This will help to ensure safe ingress and egress and
avoid congestion and conflicts with the intersection.
• The site plan includes the required pavement markings to direct traffic one-way into the
drive -through.
As part of the site plan review process for this development, the applicant will be required to
provide a clear and unobstructed pedestrian route from the North Dodge Street right-of-way to
the entrance of the convenience store. Commercial site development standards require that
pedestrian routes are "continuous, clear of obstructions, and easily identifiable as protected
routes. Landscaping, curbing, raised paving, bollards, distinctive paving materials, and other
similar means may be used to separate and protect pedestrian routes from vehicle traffic" (14-
2C-6F-1 and 4). In this location on the site plan a pedestrian way is shown; however, it passes
through a parking space and thus does not conform to the above standard. Staff recommends
that the Special Exception be granted with the condition that a pedestrian route will be provided
in this location, and that the pedestrian route be four feet in width and separated from the
parking area by two curbed landscaped medians — each median four feet in width and planted
with permanent groundcover.
c. The drive -through lanes must be set back at least 10 feet from the adjacent lot lines
and public rights -of -way and screened from view to the S2 standard. If the drive -through
is located adjacent to a residential use or property zoned residential, it must be screened
from view of these properties to at least the S3 standard. The Board of Adjustment may
increase or reduce these standards according to the specific circumstances affecting the
site.
In addition to the findings above, staff believes the application satisfies this criterion based on
the following facts.
• At its closest point the drive -through is located approximately 15 feet from the street
right-of-way.
• A brick wall, 5 feet in height screens views of the drive -through lane from Prairie du
Chien Road minimizing noise and headlight glare that would otherwise detract from the
adjacent residential neighborhood. The proposed wall satisfies the S3 screening
standard in the code.
d. Lighting for the drive -through facility must comply with the lighting standards set forth
in Article 14-5G and must be designed to prevent light trespass and glare onto
neighboring residential properties.
• All outdoor lighting for the commercial development must be reviewed and approved by
the Building Official as part of the building permit process.
General Standards (14-413-3)
1. The specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare.
Staff believes the application satisfies this criterion based on the following findings:
• Though traffic may increase with the new grocery and convenience store, North Dodge
Street is a major arterial street/state highway constructed with the capacity to handle
high traffic volume. Prairie du Chien Road is an arterial street with the capacity to serve
this development.
• Curb cuts along North Dodge Street are located at least 150 feet from the intersection in
compliance with the arterial street access standards in the zoning code.
• Multiple entrances are provided in order to improve traffic circulation.
• The entrance to St. Clements Street is located approximately 300 feet from the
intersection in compliance with code standards.
• The site plan for the drive -through includes required pavement markings to direct traffic
through the drive -through.
• The site plan shows designated pedestrian routes to the convenience store building.
These routes are not in conflict with the drive -through, however the route from the
Dodge Street right-of-way must be designed to code standard as described above under
specific criteria W.
• As mentioned above, the installation of a 5-foot tall brick wall will screen glare and noise
associated with the drive -through. This satisfies the S3 standard for complete screening.
The proposed drive -through is intended to serve a coffee -shop, which is categorized as an "eating
establishment" under the zoning code. Given the proximity of drive -through lane to the residential
property, staff believes it is appropriate to limit the intensity and hours of operation for the use In
order to limit the intensity of the drive -through use, staff recommends that approval of the drive
through be limited to an eating establishment whose principal product sales are coffee and other
beverages, with food sales being incidental and accessory. In stairs view, a coffee shop does not
have the sort of intensity (traffic generation, litter, etc.) typically associated with fast food
establishments.
2. The specific proposed exception will not be injurious to the use and enjoyment of other
property in the immediate vicinity and will not substantially diminish or impair property
values in the neighborhood.
Staff concludes that the following finding supports this criterion:
• The proposed wall and screening along the drive -through effectively screen glare and
noise associate with drive-throughs.
A drive -through has the potential to create disturbance for nearby residential property if the hours
of operation are not limited. Staff believes that limiting the hours of operation to 5 AM to 9 PM
weekdays and 5 AM to 10 PM weekends will support the criterion. Likewise, traffic and litter
associated with some drive -through restaurants would have the potential to detract from
surrounding residential properties. As indicated above, staff recommends that the approval of the
drive -through be tied to an eating establishment use whose principal product sales are coffee and
other beverages with food sales being incidental and accessory.
3. Establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the zone
in which such property is located.
Staff believes the findings articulated above regarding stacking spaces, access, and screening
support this criterion. Limiting the size of the restaurant for which the drive -through is accessory
and restricting the hours of operation will reduce the potential for conflicts with the neighboring
residential properties.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided.
Staff believes the application satisfies this criterion based on the following findings.
Provision of utilities, drainage and other necessary facilities are being addressed in
larger redevelopment project at this site.
Adequate access roads are being provided through the portion newly constructed St.
Clements that will be dedicated to the City.
5. Adequate measures have been or will be taken to provide ingress or egress
designed so as to minimize traffic congestion on public streets.
Staff believes the findings listed under general criterion 1 above also satisfy this criterion.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
The applicant must apply for a building permit to establish the use. All other elements of the
building and site plan not specifically evaluated here, including signage, will be reviewed for
compliance with the zoning code. The applicant will be required to provide the pedestrian
access required under item "b" in the specific criterion.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
The North district Plan future land -use map shows this area as appropriate for retail/community
commercial use. However, the Plan qualifies the land use map with text indicating the
redevelopment of the dairy property should be in a "Main Street" style that is compatible with the
adjacent residential neighborhood. The North District Planning Principles emphasize commercial
site design that is sensitive to adjacent residential areas.
The Comprehensive Plan describes a "Main Street" commercial center as having buildings that
are close to the street with parking lots to the rear or sides; the use of street trees and pedestrian
level lighting and street furniture such as benches, to improve the pedestrian environment; public
or semi-public spaces such as plazas and squares. IN 2012, the Planning and Zoning
Commission recommended approval of a conditional zoning agreement for the redevelopment
that is intended to make the commercial area compatible with the adjacent residential
neighborhood and to ensure compliance with the Comprehensive Plan policies.
v
STAFF RECOMMENDATION : Staff recommends approval of EXC14-00002, a special
exception to allow a drive -through in the Community Commercial (CC-2) zone subject to the
following conditions:
• Substantial compliance with the site plan submitted, including screening, location
of pedestrian access points, and order board.
• A pedestrian route will be provided from the North Dodge Street right-of-way in
conformance with code standards: four feet in width and separated from the
parking area by two curbed landscaped medians — each median four feet in width
and planted with permanent groundcover.
Hours of operation are limited to 5 AM to 9 PM weekdays and 5 AM to 10 PM
weekends.
The drive -through use is limited to an eating establishment whose principal product
sales are coffee and other beverages, with food sales being incidental and
accessory.
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
ATTACHMENTS:
1. Location map.
2. Aerial view of the site.
3. Site plan for the development showing landscaping.
4. Site plans for the two drive-throughs.
5. Application materials.
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BOARD OF ADJUSTMENT
-SPECIAL EXCEPTION
DATE: February 12, 2014 PROPERTY PARCEL NO. See Attached
PROPERTY ADDRESS: 1109 & 1123 North Dodge Street
APPLICANT: Name: Hy-Vee Stores, Inc.
5820 West Town Parkway
Address: West Des Moines IA 50266
Phone: 515-453-2795
CONTACT PERSON: Name: Paul Anderson; MMS Consultants, Inc.
(if other than applicant) 1917 South Gilbert Street
Address: Iowa City, IA 52240
PROPERTY OWNER: Name: r Fri
(if other than applicant)
Address:
v
Phone:
Special♦•
In
Purpose for special exception: Construction of a pharmacy drive thru for a
proposed grocery within a proposed CC-2 zone.
Date of previous application or appeal filed, if any: EXC12-00013 Dec 12, 2012
-2-
In order for your application to be considered complete, you must provide responses to all of the
information requested below. Failure to provide this information may delay the hearing date
for your application. A pre -application consultation with Planning staff is STRONGLY
recommended to ensure that your application addresses all of the required criteria.
As the applicant, you bear the burden of proof for showing that the requested exception should be
granted. Because this application will be presented to the Board of Adjustment as your official
statement, you should address all the applicable criteria in, a clear and concise manner.
INFORMATION TO BE PROVIDED BY APPLICANT:
A. Legal description of property (attach a separate sheet if necessary):
You can find the legal description and parcel number for your property by doing a parcel
search for your address on the Assessor's website at www.iowacity.iowaassmors.com/
or by calling 319-356-6066. o r
h M
B. Plot Plan/Site Plan drawn to scale showing all of the following informatiE19'_< T
TC) IV r-
1. Lot with dimensions; :<r-, yy
2. North point and scale; o. -� r ,4
3. Existing and proposed structures with distances from property line; `
4. Abutting streets and a!!eys; w
5. Surrounding land uses, including location and record owner of each property
opposite or abutting the property in question;
6. Parking spaces and trees - existing and proposed.
7. Any other site elements that are to be addressed in the specific criteria for your
special exception (i.e., some uses require landscape screening, buffers, stacking
spaces, etc.)
C. Specific Approval Criteria: In order to grant a special exception, the Board must find that
the requested special exception meets certain specific approval criteria listed within the
Zoning Code. In the space below or on an attached sheet, address each of the criteria that
apply to the special exception being sought. Your responses to these criteria should just
be opinions, but should provide specific information demonstrating that the criteria are
being met. (Specific approval criteria for uses listed as special exceptions are described in 14413-4
of the Zoning Code. Other types of special exceptions to modify requirements for the property are
listed elsewhere in the Code.)
IF YOU DO NOT KNOW WHERE TO FIND THE SPECIFIC CRITERIA THAT MUST BE
ADDRESSED, please contact Sarah Walz at 356-5339 or e-mail Sarah-waiz@iowa-
city.org. Failure to provide this information will constitute an incomplete application
and may lead to a delay in its consideration before the Board of Adjustment.
a. The proposed drive-thru lanes contain adequate stacking spaces based on Hy-Vee's experience with
similar sites located throughout the Midwest. It is located on the northerly side of the proposed primary
entrance to provide separation from the pedestrian circulation at the front of the store.
b. The proposed drive-thru is contained within the Hy-Vee Site Plan and is accessed from the proposed
private drives to eliminate stacking on public streets.
c. The proposed drive-thru lane is located more than 10 feet from the property lines and will be screened to
at least an S3 Standard.
d. The proposed lighting plan will be included with the Site Plan submittal along with the photometric plan
according to Article 14-5G.
-3-
D. General Approval Criteria: In addition to the specific approval criteria addressed in
"C", the Board must also find that the requested special exception meets the
following general approval criteria or that the following criteria do not apply. In
the space provided below, or on an attached sheet, provide specific information,
not just opinions, that demonstrate that the specific requested special exception
meets the general approval criteria listed below or that the approval criteria are
not relevant in your particular case.
The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or general welfare.
The proposed drive-thru provides adequate stacking length on -site and will part of the
Hy-Vee Site Plan submittal. The Site Plan will be designed and constructed according to
the current Iowa City Design Standards and will be reviewed and approved by City Staff.
2. The specific proposed exception will not be injurious to the use and
enjoyment of other property in the immediate vicinity and will not
substantially diminish and impair property values in the neighborhood.
The proposed Site Plan involves the removal of an existing industrial site and commercial
sites. Screening and buffering is proposed adjacent to the drive-thru according to the
current Iowa City Zoning Ordinance.
3. Establishment of the specific proposed exception will not impede the normal
and orderly development and improvement of the surrounding property for
uses permitted in the district in which such property is located.
The proposed drive-thru facility is contained within the drives and parking of the entire
proposed Site Plan and will not have direct access to the Public Right -of -Way.
Screening and buffering is proposed within the entire site according to the current Iowa
City Zoning Ordinance.
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4. Adequate utilities, access roads, drainage and/or necessa%fi' iiRs have.
been or are being provided.
The proposed drive -up is contained within the Site Plan for the entire Fi�14e ftject.
The utilities, access roads, drainage and other facility improvements submitted
In
with the Site Plan, and then reviewed and approved by Iowa City Staf
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5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
The proposed drive-thru is contained within the Site Plan for the entire Hy-Vee project.
The utilities, access roads, drainage and other facility improvements will be submitted
with the Site Plan, and then reviewed and approved by Iowa City Staff.
6. Except for the specific regulations and standards applicable to the special
exception being considered, the specific proposed exception in all other
respects conforms to the applicable regulations or standards of the zone in
which it is to be located. [Depending on the type of special exception
requested, certain specific conditions may need to be met. The applicant
will demonstrate compliance with the specific conditions required for a
particular use as provided in the City Code section 14-4B as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K)J
The proposed drive-thru is contained within the Site Plan for the entire Hy-Vee project.
The screening, buffering, lighting and dimensional requirements will be submitted with the
Site Plan, and then reviewed and approved by Iowa City Staff.
7
The proposed use will be consistent with the Comprehensive Plan of the
City.
The entire site has recently been rezoned to OPD/CC-2 with a conditional zoning
agreement. The comprehensive plan has been revised relative to this entire site. A
preliminary plat for the entire site has been approved in the Fall of 2013.
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APPLICATION TO THE
BOARD OF ADJUSTMENT
DATE: February 12, 2014
PROPERTY PARCEL NO. See Attached
PROPERTY ADDRESS: 1109 & 1123 North Dodge Street
APPLICANT:
Name:
Hy-Vee Stores, Inc.
5820 West Town Parkway
Address:
West Des Moines IA 50266
Phone:
515-453-2795
CONTACT PERSON:
Name: Paul Anderson; MMS Consultants, Inc.
(if other than applicant)
1917 South Gilbert Street
Address:
Iowa City, IA 52240
Phone:
319-351-8282
PROPERTY OWNER:
Name:
(if other than applicant)rri
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Address:"
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Phone:
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Purpose for special exception: Construction of a drive -up window for a convenience
station within a CC-2 zone.
Date of previous application or appeal filed, if any: EXC12-00014 Dec 12, 2012
-2-
In order for your application to be considered complete, you must provide responses to all of the
information requested below. Failure to provide this information may delay the hearing date
for your application. A pre -application consultation with Planning staff is STRONGLY
recommended to ensure that your application addresses all of the required criteria.
As the applicant, you bear the burder. of proof for showing that the requested exception should be
granted. Because this application will be presented to the Board of Adjustment as your official
statement, you should address all the applicable criteria in a clear and concise manner.
INFORMATION TO BE PROVIDED BY APPLICANT:
A. Legal description of property (attach a separate sheet if necessary),
You can find the legal description and parcel number for your property by doing a parcel
search for your address on the Assessor's website at www.iowacity.iowaassors.com/
or by calling 319-356-6066. o r
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B. Plot Plan/Site Plan drawn to scale showing all of the following informatin> co
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1. Lot with dimensions; M
2. North point and scale;,
3. Existing and proposed structures with distances from property IirSs'`
4. Abutting streets and alleys; >
5. Surrounding land uses, including location and record owner of each property
opposite or abutting the property in question;
6. Parking spaces and trees - existing and proposed.
7. Any other site elements that are to be addressed in the specific criteria for your
special exception (i.e., some uses require landscape screening, buffers, stacking
spaces, etc.)
C. Specific Approval Criteria: In order to grant a special exception, the Board must find that
the requested special exception meets certain specific approval criteria listed within the
Zoning Code. In the space below or on an attached sheet, address each of the criteria that
apply to the special exception being sought. Your responses to these criteria should just
be opinions, but should provide specific information demonstrating that the criteria are
being met. (Specific approval criteria for uses listed as special exceptions are described in 14-48-4
of the Zoning Code. Other types of special exceptions to modify requirements for the property are
listed elsewhere in the Code.)
IF YOU DO NOT KNOW WHERE TO FIND THE SPECIFIC CRITERIA THAT MUST BE
ADDRESSED, please contact Sarah Walz at 356-5339 or e-mail sarah-wa/z@iowa-
city.org. Failure to provide this information will constitute an incomplete application
and may lead to a delay in its consideration before the Board of Adjustment.
a. The proposed drive -up lane contains adequate stacking spaces based on Hy-Vee's experience with
similar sites located throughout the Midwest. It is located at the rear and side of the proposed convenience
store to separate the pedestrian circulation at the front of the store.
b. The proposed drive -up is contained within the Hy-Vee Site Plan and is accessed from the proposed
private drives to eliminate stacking on to public streets.
c. The proposed drive -up lane is located more than 10 feet from the property lines and will be screened to
at least an S3 Standard.
d. The proposed lighting plan will be included with the Site Plan submittal along with the photometric plan
according to Article 14-5G.
-3-
Q. General Approval Criteria: In addition to the specific approval criteria addressed in
"C", the Board must also find that the requested special exception meets the
following general approval criteria or that the following criteria do not apply. In
the space provided below, or on an attached sheet, provide specific information,
not just opinions, that demonstrate that the specific requested special exception
meets the general approval criteria listed below or that the approval criteria are
not relevant in your particular case.
1. The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or general welfare.
The proposed drive -up provides adequate stacking length on -site and will part of the
Hy-Vee Site Plan submittal. The Site Plan will be designed and constructed a;Wrding to
the current Iowa City Design Standards and will be reviewed and approved by55ty Staff.
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2. The specific proposed exception will not be injurious to thec "se and
enjoyment of other property in the immediate vicinity and will not
substantially diminish and impair property values in the neighborhood.
The proposed Site Plan involves the removal of an existing industrial site and commercial
sites. Screening and buffering is proposed adjacent to the drive -up according to the
current Iowa City Zoning Ordinance.
3. Establishment of the specific proposed exception will not impede the normal
and orderly development and improvement of the surrounding property for
uses permitted in the district in which such property is located.
The proposed drive -up facility is contained within the drives and parking of the entire
proposed Site Plan and will not have direct access to the Public Right -of -Way.
Screening and buffering is proposed adjacent to the drive -up according to the current
Iowa City Zoning Ordinance.
4. Adequate utilities, access roads, drainage andlor necessary facilities have
been or are being provided.
The proposed drive -up is contained within the Site Plan for the entire Hy-Vee project.
The utilities, access roads, drainage and other facility improvements will be submitted
with the Site Plan, and then reviewed and approved by Iowa City Staff.
M
5. !adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
The proposed drive -up is contained within the Site Plan for the entire Hy-Vee project.
The utilities, access roads, drainage and other facility improvements will be submitted
with the Site Plan, and then reviewed and approved by Iowa City Staff.
6. Except for the specific regulations and standards applicable to the special
exception being considered, the specific proposed exception in all other
respects conforms to the applicable regulations or standards of the zone in
which it is to be located. [Depending on the type of special exception
requested, certain specific conditions may need to be met. The applicant
will demonstrate compliance with the specific conditions required for a
particular use as provided in the City Code section 14-413 as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K)J
The proposed drive -up is contained within the Site Plan for the entire Hy-Vee project.
The screening, buffering, lighting and dimensional requirements will be submitted with the
Site Plan, and then reviewed and approved by Iowa City Staff.
The proposed use will be consistent with the Comprehensive Plan of the
City.
The entire site has recently been rezoned to OPD/CC-2 with a conditional zoning
agreement. The comprehensive plan has been revised relative to this entire site. A
preliminary plat for the entire site has been approved in the Fall of 2013.
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MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
JANUARY 8, 2014 — 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: Thomas McInerney
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 DECEMBER 11, 2013 MEETING MINUTES
Baker moved to approve the minutes.
Goeb seconded the motion.
A vote was taken and the motion carried 5-0.
SPECIAL EXCEPTION ITEM
EXC13-00016: Discussion of an application submitted by King of Glory International
Church to allow a Day care 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.
Walz showed the Board pictures of the subject property, which shows that the church functions
in conjunction with a house on the lot next door. She showed the Board the site plan for the
proposed daycare, which will operate out of an existing addition on the back of the house. She
said there is a square footage requirement for the play area sufficient for the maximum children
who will use the play area at one time, and the site plan shows that the applicant meets the
requirement for interior floor area as well as outdoor play space.
Board of Adjustment
January 8, 2014
Page 2 of 6
Walz said specific standards in the Zoning Code for daycare centers state that in -home daycare
centers can operate with up to 16 children. She said while the house serves as a residence for
someone affiliated with the church the daycare center will be operated as a separate use and is
therefore considered a commercial day care. She said that is why they need to apply for the
special exception.
Walz said there has to be good vehicle circulation. She said because the daycare center will
share parking area with the church there is plenty of circulation, with 20 parking spaces. She
said there's plenty of area for people to circulate and for cars to stack. She said a distinctive
paved area will be created as a walkway along the house to the public sidewalk along G Street.
Walz said daycare centers are required to comply with the multi -family site development
standards, which means that if this property were being developed anew, the parking would be
set behind the building. She said right now the church just meets the required minimum off-
street parking. She said if the staff recommends i reduction in required parking to allow the
church and daycare to share the parking. Staff believes that is sufficient for the small daycare
that is being proposed at this time. She said at such time that wish to expand beyond 16
children, the applicant would need to apply for a new special exception. At that time, Board and
Staff would want to carefully consider whether modifications to the parking lot are appropriate.
Walz said the reasons for allowing the shared use of the parking is that the parking area is
actually shared between the two properties and under the same ownership. The lot provides 20
parking spaces plus some stacking space. The applicant is only required six spaces for the day
care; the church requires 20 spaces. The two uses are typically not going operating at the same
time.
Walz said staff is recommending approval of the daycare use with 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.
Chrischilles asked what the current screening and setback standards would be if they were
implemented.
Walz replied that they would be required to have the parking lot set even or behind the front
facade of the building. They would lose at least three parking spaces in the area near G Street
and would probably have to relocate the curb cut and lose some stacking space.
Goeb asked if there is an existing playground. Walz said the applicant plans to make use of the
existing playground, but they will have to fence it.
Soglin said in the first condition, the term "substantial compliance" is vague enough to make
her wonder about what might not or would be met.
Walz explained that it means the applicant is required to comply with the site plan. She said with
this site plan the critical issues are the pedestrian walkway, the fencing of the backyard and the
location of the main entrance of the daycare. There may be minor tweaking, but all the basic
elements discussed as part of approval are required.
Board of Adjustment
January 8, 2014
Page 3 of 6
Baker asked who monitors daycares. Walz said it's the Department of Human Services.
Holecek said she believes it's DHS through the County, and it's regulated under State law.
Baker asked if there was ever a question that the limit of sixteen was violated, how would that
be handled. Walz said the City would probably hear about it through a complaint or from DHS.
Baker said the building itself can accommodate sixteen so is the problem with the exterior space
around the building on expansion. Walz said in the future, if the applicant wants to expand the
daycare, they may need to add on to the building in some way.
Goeb asked what the front part of the house is being used for currently. Walz said she believed
it's being used as a residence affiliated with the church.
Soglin asked if the use of the residence would complicate the request, as this would increase
the use of the church during the day. Walz said the "hours of operation" referred to the church
itself. It was unlikely that there would be a regular need for those twenty parking spaces in
conjunction with activities outside of the church building. Soglin said then if there were minor
church -related activities during the day so that there are four additional cars not related to the
daycare, people coming to the front of that building can be accommodated. Walz agreed and
stated that the parking for the daycare is basically for staff, as parents drop off and pick up
children during set times of the day.
Baker asked what the State requirement is on the ratio of staff to children. Walz said it depends
on age, and the highest ratio is one day care worker for every four for very young children —
infants —and decreases to one day care worker to every ten or twelve children with children that
are 4 or 5 years old.
Grenis invited the applicant to speak.
Thomas McInerney, the architect for the daycare, said the hope is to add on to daycare
eventually but right now they just need to get the cash flow started. He said the intent for the
front of the house is for an assistant minister to live on -site. He said the rear of the building
might have at one time been for wheelchair access as there is evidence of ramps going into the
building.
Chrischilles asked if the size of the current playground is 1,600 feet. McInerney said right now
they only need about half of that outdoor space because there will only be eight children using it
at one time.
Chrischilles said he really doesn't see how they have the room to expand. McInerney said the
playground doesn't have to be attached to the building so it may be moved to a different part of
the site.
Baker said if they eventually wanted to increase the number of children to thirty what is the
corresponding increase in square footage required in the building itself. McInerney said it's
about thirty-five square feet per person. Walz reminded the Board that right now they are
considering just 16 children. She said staff put language in the report to put on record for the
applicant and the Board that this is a constrained sit. There is not unlimited growth potential
here and any expansion to the daycare in the future would be reviewed very carefully with that
in mind.
Board of Adjustment
January 8, 2014
Page 4 of 6
Grenis opened public hearing.
Walz said she did hear from a resident of the neighborhood saying that he thought a daycare
was a great idea but was concerned that the City was going to make the church decrease the
number of parking spaces, rather than decrease the parking requirement.
Grenis closed public hearing.
Baker moved to approve the application EXC13-00016 to approve a day care 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 day care 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 day care from 26 to 20 total spaces to be shared by both
uses.
Chrischilles seconded the motion.
Chrischilles asked about the site plan. Walz said the things the applicants have to create are the
walkway and the fenced play area, and they will have to secure a building permit because there
are some structural things they need to do inside the building to make it safe.
Baker said regarding item EXC13-00016 he concurs with the findings set forth in the staff report of
January 8, 2014, and concludes that the general and specific criteria are satisfied. He emphasized
that staff's provision that any change in capacity will require a new special exception and that the
fenced -in playground and designated walkway are important factors as well. He said unless
amended or opposed by another Board member, he recommends that the Board adopt the
findings of the staff report for the approval of this proposal.
Grenis concurred and said he thinks this is a good fit for the neighborhood, adding a beneficial
multi -use.
Chrischilles said it seemed to be a good plan.
A vote was taken and the motion carried 5-0.
Grenis declared the motion for the special exception approved, noting that anyone wishing to
appeal the decision to a court of record may do so within 30 days after the decision is filed with
the City Clerk's Office.
OTHER:
BOARD OF ADJUSTMENT INFORMATION:
ADJOURNMENT:
Board of Adjustment
January 8, 2014
Page 5 of 6
Chrischilles moved to adjourn.
Bakerseconded.
The meeting was adjourned on a 5-0 vote.
ATTENDANCE RECORD
2013 - 2014
NAME
TERM EXP,
119
FVI
3113
4110
5/8
6112
7110
8121
9118
11/7
12MI
118
BAKER, LARRY
1/l/2017
X
X
O/E
X
X
X
X
X
X
X
X
X
GOER, CONNIE
1/112015
-_
__
m
_
__
m
_
X
X
X
X
GRENIS, BROCK
1/l/2016
X
X
X
X
X
X
X
X
X
X
X
X
CHRISCHILLES, T. GENE
1/l/2014
X
OE
X
X
X
X
X
X
X
X
X
X
JENNINGS, WILL
1/l/2015
X
X
X
X
X
—
—
—
—
SOGLIN, BECKY
1/112018
—
X
X
X
X
X
X
X
X
X
X
X
KEY: X = Present
0 = Absent
O/E = AbsenttExcused
-- = Not a Member