HomeMy WebLinkAbout10-14-2015 Board of Adjustments ARIP-1
CITY OF IOWA CITY
IOWA CITY BOARD OF ADJUSTMENT
October 14, 2015
5: 15 P.M.
Emma Harvat Hall
STAFF REPORT
CITY OF IOWA CITY
Department of Neighborhood & Development Services
IOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, October 14, 2015 — 5:15 PM
City Hall —Emma Harvat Hall
AGENDA
A. Call to Order
B. Roll Call
C. Consider the September 9, 2015 Minutes
D. Special Exception Item
EXC15-00011: Discussion of an application submitted by Hidalgo Properties, LLC, for a special
exception to allow residential uses above first floor commercial in the Community Commercial (CC-2)
zone located at 1950 S. Gilbert Street.
E. Other
F. Board of Adjustment Information
G. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING:
Wednesday, November 18, in
Meeting Room A. of the Recreation Center
STAFF REPORT
To: Board of Adjustment
Item: EXC15-00011
GENERAL INFORMATION:
Prepared by: Sarah Walz
Date: October 14, 2015
Applicant Hidalgo Properties, LLC
1930 South Gilbert Street
Iowa City, IA
Contact: Richard Arthur
893 McCollister Court
Iowa City, IA
Property Owner:
Requested Action:
Purpose:
Locatlon.
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Applicable code sections
File Date:
Kennedys, LLC
1043 Briar Drive
Allow multi -family dwellings in the CC-2 zone.
Development of a mixed -use building.
1950 S. Gilbert Street
0.51 acres
Vacant. CC-2
North: Vacant, CI-1
South: Vacant, CI-1
East: Vacant, CI-1
West: Commercial (CC-2);
14-413-3A, (General Criteria); 14-4B-4A-7 Multi-
family dwelling units in the CC-2 zone.
June 10. 2015
BACKGROUND: The applicant, Hidalgo Properties, is seeking a special exception to allow
multi -family residential units above commercial space in the Community Commercial (CC-2)
zone. The subject property is located at the northeast comer of South Gilbert Street and
Southgate Avenue. The applicant proposes a 2-story structure with 3-4 commercial spaces on
the ground floor and 8 one -bedroom apartments above, on the second floor. Multi -family uses
are allowed in the CC-2 zone by special exception only.
CC-2 zoning extends along both side of South Gilbert Street from Highway 6 to Southgate
Avenue. A number of the properties along the east side of the street include second floor multi-
family uses, including the abutting property at 1930 S. Gilbert Street, which is owned by the
applicant and used as the an office for his business.
Properties located east and south of subject lot are zoned for Intensive Commercial (CI-1) uses
but remain undeveloped. To the north east commercial property along both sides of Stevens
Driveast of Gilbert Street —and property along Waterfront Drive north of Stevens Drive were
rezoned from Intensive Commercial (CI-1) to Community Commercial (CC-2) in 2006. Since that
time, the CI-1 zone has been amended to allow more general commercial uses including some
retail and office uses.
The subject property is located in the 500-year floodplain and therefore must comply with the
floodplain regulations. Properties to the east and south are located within the 100-year
floodplain. The zoning code allows development within the floodplain so long as the ground floor
of the building is elevated a minimum of one foot above the flood hazard elevation or flood -
proofed to such a level (14-5J-7D).
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-4A-7 pertaining to Multi -family Uses in the CC-2
zone in addition to the general approval criteria for special exceptions as set forth in Section
14-4B-3A.
The applicant's comments regarding each of the specific and general standards are included on
the attached application form. Staff comments related to the specific and general approval criteria
are set forth below.
Specific Standards (14-48-4A-7). Multi -Family Uses In CO-1, CN-1, CC-2, CB-2, CB-5, and
CB-10 Zones:
a. Location: The proposed dwellings must be located above the street level floor of a
building, except as provided in subsection A7e of this section.
FINDING: The applicant is proposing to locate multi -family (apartment) units on the second
floor of a two-story building.
b. Maximum Density: The residential density standards for multi -family uses in
commercial zones are stated in section 14-2C-4, "Dimensional Requirements," table 2C-
2(c) of this title.
FINDINGS: The applicant is proposing to develop 8 one -bedroom units. The zoning code
requires 2,725 square feet of lot area for each dwelling unit. The subject property provides a
total of 0,51 acres or approximately 22,215 square feet —enough for 8 dwelling units.
c. Residential Entrances:
(1) To provide safe access for residents within a mixed use building, any building
containing a residential use must have at least one door on the exterior of the building
that provides pedestrian access to the dwelling units within the building. Said entrance
must be located on a building wall that faces a street, public sidewalk, or pedestrian
plaza and is visible from and easily accessed from said street, sidewalk, or plaza. Access
to dwelling units must not be solely through a parking garage or from an alley.
3
FINDINGS: The proposed site plan shows a building design with residential entrances on the
east and west sides of the building —the west entrance fronts onto Gilbert Street. Sidewalks
are already established along both Gilbert Street and Southgate Avenue.
In order to meet the standard for pedestrian access, the applicant should provide a sidewalk
from Gilbert Street along the north property line. There is adequate space adjacent to the
north property line. This location should not result in the elimination of any parking.
(2) Access to entrance doors of any individual dwelling units located above the ground
level floor of a building must be provided from an enclosed lobby or corridor and
stairway. Unenclosed or partially enclosed exterior stairways are prohibited. However,
the city may allow exterior fire egress structures on existing buildings that cannot
otherwise reasonably meet code requirements, provided the fire egress structure is not
located on a wall of a building that faces a street.
FINDING: Residential entrances are provided at the east and west ends of the building.
Access to the individual units will be provided from a central corridor on the second floor of
the building.
(3) To facilitate commercial uses at the street level, the ground level floor height should
be no more than one foot (1') above the level of the abutting sidewalk or pedestrian plaza.
On sloping building sites and for existing buildings, the City may adjust this requirement.
However, on sloping sites at least a portion of the ground level floor height of any new
building must be located no more than one foot (1') above the level of the abutting
sidewalk or pedestrian plaza; and the floor height of the ground level floor of the building
must be no more than three feet (3') above the level of the abutting public sidewalk or
pedestrian plaza at any point along a street -facing building fagade
FINDINGS: The property is located within the 500-year flood zone. The 0.2% flood elevation
is 646.5 feet. The grade around this building is 644 feet. The floodplain standards require
that the ground floor elevation be located 1 foot above the floodplain and flood proofed to
that level.
d. Standards for Ground Level Floor of Building:
(1) On the ground level floor, the floor to ceiling height must be at least fourteen feet
(14')•
The applicant will be required to comply with this standard in order to secure a building
permit.
(2) For the ground level floor of the building, construction must meet the building code
specifications for commercial uses. (Ord. 05-4186, 12-15-2005)
The applicant wiIJ be required to comply with this standard in order to secure a building
permit,
General Standards (14413-3)
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
FINDINGS:
• The subject property is centrally located in close proximity to commercial areas and
employment centers.
The property is served directly by a continuous sidewalk network that connects to the
Waterfront Drive commercial area to the east and to the Gilbert Street commercial area to
4
the north. A connection to the Iowa River and Highway 6 trails is located approximately a
quarter mile to the north.
• The area is served by two bus routes —Broadway and Cross Park. Both routes have stops
at the corner of Southgate and Gilbert.
• On -street parking is allowed along Southgate Avenue.
• The residential entrance at the east and of the building provides elevator access to the
second floor. This will allow the applicant to provide, upon request of a tenant, a
handicapped parking space adjacent to the entrance -
In order to promote the health, safety, and comfort of the residents, the applicant should
fence in the open space area at the east end of the building to prevent trespassing from
adjacent commercial property to the north and east. Staff recommends that the applicant
provide a functional amenity, such as a picnic table or seating, in this area. This will
allow the open space area to safely serve as private recreation space for the residents.
• The subject property is located in the 500-year floodplain and therefore must comply
with the floodplain regulations. The zoning code allows development within the floodplain
so long as the ground floor of the building is elevated a minimum of one foot above the
flood hazard elevation or flood -proofed to such a level (14-5J-7D).
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.
FINDINGS:
• Other properties in the immediate vicinity have residential units above the commercial
level, include the following properties:
0 1840 S. Gilbert St. (5 one -bedroom units)
o 1910, S. Gilbert St. (3 two- and three -bedroom units)
0 1930 Gilbert St. (5 one -bedroom units). Also 130 Stevens Drive (1 two bedroom
unit) and 228 Stevens drive (2 two -bedroom units).
o 130 Stevens Drive (1 two -bedroom unit).
0 228 Stevens Drive (2 two -bedroom units)
• North of Highway 6 along Gilbert Street additional multi -family development is anticipated
as part of Riverfront Crossings.
• Other residential uses in the area include single-family housing at Hilltop Mobile Home
Court. A block to east is Shelter House, Four Oaks, and MECCA, which are all social
service uses that provide housing on a temporary basis.
• Property to the north and west are zoned CC-2 and include a mix of office, repair, and
warehouse uses. Most activities are indoor in nature.
• Property to the south and east are undeveloped and currently zoned CIA but are
contemplated for mixed -use development in the draft of the South District Plan currently
before City Council.
• The proposed development provides more than the minimum parking required for the
commercial and residential uses (28 spaces are required; 32 spaces are proposed). On -
street parking is allowed along Southgate Avenue, east of Gilbert Street.
5
• In order to develop the property, a common driveway access should be provided from
Southgate Avenue. This will require the applicant to locate a shared curb cut/driveway
along the east property line and to provide a cross access easement so that vehicles may
move between properties once the abutting property develops. The applicant should also
establish a cross access easement between the subject property and the CC-2 property to
the north (which is under the same ownership). This will ensure continued cross access
should either property change ownership or redevelop. Cross access minimizes the
number of curb cuts onto the adjacent streets and thereby reduces traffic conflicts.
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.
FINDINGS: In addition to the findings provided under general criteria 1 and 2 above, the
current draft of the South District contemplates mixed -use development in this area. Given the
close proximity of this area to general commercial uses, employment centers, trails, and parks,
this area is appropriate for residential uses.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS: All access roads and other facilities are in place, including sidewalks. Gilbert
Street is a 4-lane arterial street designed to serve large traffic volumes. Southgate Avenue is
also a wide street, constructed to serve high volumes of commercial traffic.
5. Adequate measures have been or will betaken to provide ingress or egress designed
so as to minimize traffic congestion on public streets.
FINDINGS: The property provides ingress and egress from Gilbert Street via a shared
access drive from the property to the north —a cross access easement will ensure that this
arrangement remains in place should either property change ownership or redevelop in the
future.
A single curb cut is proposed from the right-of-way on Southgate Avenue. A shared access
easement that is already in place on the property requires an entrance drive to be
constructed on the east property line. The establishment of this shared drive and cross
access arrangement will help to minimize curb cuts along this commercial street and thereby
reduce traffic conflicts. When the property to the east develops, it will share access from this
drive.
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.
FINDINGS
• In order to obtain a building permit, the final plan must demonstrate that the property
meets the floodplain regulations.
• The property owner was required to dedicate 10-feet along Southgate Avenue to the
ROW. As a result, the south property line is already approximately 11 feet from the
sidewalk. If the applicant is unable to achieve a 10-foot setback along the south side of
the parking lot, a minor modification would be required. Given the distance from the
sidewalk and the fact that the south portion of the parking area shows a single row of
parking facing inward, toward the building, staff believes a minor modification would be
an appropriate request.
I
• The building provides tenant entrances on the east and west ends of the building.
Pedestrian access should be provided between Gilbert Street and the west entrance.
There is room to add a sidewalk along the north property line without reducing the
number of parking spaces.
• 28 parking spaces are required for the proposed development: 8 spaces for residential
uses and 20 spaces to meet the 1 space per 250 sq. feet standard for the commercial
uses. The site plan shows 32 spaces. Two handicapped parking spaces are located
adjacent 10 the east end of the building where an elevator entrance is provided for
residential uses. One handicapped space should be located adjacent to the one of the
commercial store entrances. The applicant is required to provide an additional
handicapped space adjacent to the east entrance if requested by a tenant.
• There is adequate space for bike parking on both the east and west ends of the building.
Tenant bike parking should be provided at the east end of the building.
• A dumpster location should be provided at the east end of the property —away from the
Southgate right-of-way. This may reduce the number of parking spaces. However, by
providing more compact spaces, such as along the west side of the parking area, the
applicant should be able to retain 32 spaces.
• A landscape plan showing the required parking area screening and trees will be required
in order to secure a building permit —east end for tenant use; west end for commercial
use.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
FINDING: The current Comprehensive Plan shows this area as appropriate for commercial
development. The draft of the South District Plan contemplates mixed -use development in
this area.
STAFF RECOMMENDATION: Staff recommends approval of EXC15-00011, a special
exception to allow residential units (up to 8 bedrooms) above the ground floor commercial on
property located in the Community Commercial (CC-2) zone at 1950 South Gilbert Street
subject to the following conditions:
• Substantial compliance with the site plan and elevations submitted, with the following
adjustments:
a 10-foot setback between the west property line and the parking area.
o Bike parking to be provided for residential and commercial uses, parking for residential
uses to be located at the east end of the building.
o Pedestrian access to the west entrance from Gilbert Street.
o One handicapped parking space should be located directly adjacent to one of the
commercial entrances.
o Curb cut/driveway access from Southgate Avenue must be provided along the east
property line in compliance with a common access easement in place on the properties.
o Open space area to the east of the building should be enclosed by a fence along the
north and east property line. For the benefit of the residents, the applicant should
provide some functional amenity such as a picnic table or seating within this area.
• Applicant must secure a minor modification to reduce the parking setback along the south
property line.
Applicant must provide a cross access easements with the commercial properties the north
and east.
• Building must meet the standards for development located in the floodplain.
• The ground floor of the building must meet the ground floor commercial building standards.
ATTACHMENTS:
1. Aerial view of the proposed location.
2. Location map
3. Site plan
4. Elevations
5. Floor plan
6. Easement information
7. Application materials
8. Correspondence
—7 /
Approved by:
John Yapp, Development Services Coordinator,
Department of Neighborhood and Development Services
Aerial view of 1950 S. Gilbert Street.
SPECIAL EXCEPTION EXHIBIT
KENNEDY'S WATERFRONT ADDITION - PART FOUR, LOT 1
IOWA CITY, IOWA
ar
l
zou�
s>�
m.n a
sa r
� v
nniewcaruucrexcncx
- owoevi 1m. s
P±�GfCvu�e�a
�l+m
KAouxk
i .m vnr. s
mTk vmw Hamm - m
O.S acaE
M
M
LAND PL4MM
urosmEM
WMA°ENUtrEGTS
ei.x umms-
vxn Ii�NacOE
w 1 a..r..
SPECIAL EXCEPTION
EXHIBIT
REMYS WATERFRONT
AMMON - PART FOUR,
LOT 1
IOWA Cl Y
JOHNSON COUNTY
10WA -
MM5 CONSULTANTS.
9794COl
1 11 11 11 IIEI■,--1■■W■■
11
;n
]
.
._
. , .. , _ .
?.
,_
§ \ \�
PROP0,5ED UPPER L.EvIEL F-Lc)OR PLAN
L�t14:�F�
T-,57.,W
�ti4.76'
C�+tl9#'47'tp'W
1 I'- ,—:— _tilt .
1 u:p'Fi h�
OTY U FpR
REID (f{ClfS-(1F-1MpY
EL+es 3F)
x7" .
aea xc -y
Y m" CQ6(�i41N A 6 I r r 7W K W 2&.
JGC4cNA.W1�M�
it - I � e•4•••
— jf
1
3%IW 9F-- ..+f
aao AC [ 1
syaE GSY a, IOrq C1f1' wzLim6P W,C�}p�[ 1. !'!! i • R�ffi l�l: 9A�4
r
i
f
N
O
APPLICATION TO THq-
BOARD OF ADJUSTME fi.;
SPECIAL EXCEPT104
[v
DATE: Coln - 10 - t j PROPERTY PARCEL NO. i 0 d a a 0005
PROPERTY ADDRESS: 19.50 'S, G^ ODe�rt '�>t.
PROPERTY ZONE: CC Z
PROPERTY LOT SIZE: . !a t 4XC.vr't S
APPLICANT: Name: N';*L-L^D 71-oa'rt' fS
Address: Vg50 S. QAV;7Cv* 5V.
Phone: (.314) Sat- $ lw'►
CONTACT PERSON: Name: 9�(-A NLp ( CLry'"fL
(if other, than applicant)
Address: �M3 McCpltCjted Cf•
Phone:
PROPERTY OWNER: Name: 4Y%11e4yS LLL
(if other than applicant)
Address:
Phone: 1
Specific Requested Special Exception; please list the description and section number in
the zoning code that addresses the specific special exception you are seeking. If you
cannot find this information or do not know which section of the code to look in, please
contact Sarah Walz at 356-5239 or email Sarah-walz@iowa-city.org.
Purpose for special exception: b JID av Al^ftf
riVY �Gw !' C4rnatlrLi A� D+� M0.�r1 IU �! A
Ftr..t'CS
rLbdJe
Date of previous application or appeal filed, if any:
e2
D. General Approval Criteria: In addition to the specific approval criteria addressed In
"C", the Board must also find that the requested special exception meets the
following general approval criteria or that the following criteria do not apply. In
the space provided below, or on an attached sheet, provide specific information,
not just opinions, that demonstrate that the specific requested special exception
meets the general approval criteria listed below or that the approval criteria are
not relevant in your particular case.
1. The specific proposed exception wilt not be detrimental to or endanger the
public health, safety, comfort, or general welfare.
1 d.u,-' * "A V lJ t 'Ny i n aQ . tvnA .ia
as ttn'S\k[ w'%\\ \.e .
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.
\i..l arm S
t k lwv� 0.CPJ tVt�-A �J o"l ti..� \ca F'tepv5 w��tJ
COv.►h-PLiL-ti i6 \aLaU.d Ox �YUHb laJ¢t• l da.`t
3. Estab ishm nt of the specific proposed exception will not impede th"�ormal
CZP
and orderly development and improvement of the surroundi gro�!ity f'"M
uses permitted in the district in which such property is located: - 1
c;—t
at `c A SQtC`<� Q ctce�+aat9 Qfia
r— M
ZX
�m v
Hiti7 scv,.—tac.,,.re mo-41n ti,•. c� 4i1'^'tQ
w
b,,.i\atws � ls.�e..�t, co.nw_rLfal bs\avJ alb wt F�rur•tS a.�W<
4. Adequate utilities, access roads, drainage andlor necessary facilities have
been or are being provided.
"Street p•,,,,,d Sa...tt.,e" . \i i % 'tn a elsvel peed•• af-eq
�F Zo.w•P, �`�F+. �...J. t4� tku tv, r n 2uvcr rr.. o f 1"t� G (vn
is �a�...It.-J ti:L',J..;tr,rc..�c�y 'Oft -'-A to.�.�\.iFru aF J
k4 \irCd3c en ►.A.L�aC\��tcJ -k 1VJ
sa
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
l is ��CocOU" ko ka�e a g- 40"C4 %)arxe.
lar say vxk %P tld t.3 Lotp.ttd k-ao 5. C^iib e+t.
'(1\.i G,G�SK+K o...tY�y QOint U+n C��bcrt wtl.ti\d \oe w4liL��
wV�.\a sic �b�.,+.+d {v+ on CRiCCYn erY t(pn b� Ulf+-1 SnwY'4+,tSL Pvt.
luF on
6. Except for the specific regulations and standards applicable to the special p
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 zqr a and
applicable site development standards (14-5A through K).] o
y_�
o s
r
LO
7. The proposed use will be consistent with the Comprehensive Plan of the
City.
'� 4QartM.u.a 57fveol� wv.,��d Lug+NSF e.rt..s� `w\ly
\n AR d•�1UVY1 l 7tM.��li3• CA..M Cf tCM qe� A
Jt-Cv d-"k3
W e
4La.+ta..tivJ
l.a+c 1� tQ3fl Ji
�'�lbc rt �S
w.•r k-Lnov.t'g
vtvvlL :n
.N,_a.�iy bv.b;+.a7Sc5� t� l?,��e!
d
�.CXiC4v� R[SkP�7.i0u�
T0v y;,,�u, :�..ef2v idetglj 0+ Le I wily+ ►o 0V-,V\,Kn
�v 5 i.acd . S Cy stbu,.t wig\ t co..�"cLanstve
-o-
NOTE: Conditions. In permitting a special exception, the Board may impose appropriate
conditions and safeguards, including but not limited to planting screens, fencing,
construction commencement and completion deadlines, lighting, operational controls,
improved traffic circulation requirements, highway access restrictions, increased minimum
yard requirements, parking requirements, limitations on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the circumstances
upon a finding that the conditions are necessary to fulfill the purpose and intent of the
Zoning Chapter. (Section 14-OC-2CA, City Code).
Qrders. 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-OC-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
14-8C4 F, City Code(. Such petition shall be presented to the court within thirty (30)
days after the filing of the decision in the office of the City Clerk.
Date: Otfl— 10 20 i5 �.ct�¢�ao Ga�s�tw� 4�.ek�erD.
Qr�QCAI`a
Signature(s) of Applicant(s)
Date: . 20
Signatures) of Property Owner(s)
if Different than Applicant(s)
ppdabmir�appIImtioo-boas doc
ro
_ o
� cn
=T1 -i7
w
w
Schoenauer Property Management
Russell Schoenauer Sr.
8350 Hickman Road Ste. 201
Clive, Iowa 50325
515.251.7332
September 15, 2015
Aftention City of Iowa City officials
When I constructed my building, located at 160 South Gate Avenue, Iowa City, I was only allowed to build a
single -story commercial structure. I was informed this was due to local zoning laws and the airport. My preference
would have been to build a multi -level combination commerciallresidential building,
Since receiving a variance request (attached) to install a two to three story building including office space(s)
and residential space(s) in the same area, I have been in contact with my real estate agent and contractor. My agent
and contractor, both, have informed me Iowa City is over saturated for the commercial market. My understanding is
investors are building commercial/residential combination structures specifically to obtain apartments and include
commercial space only to fulfill the city requirements.
Allowing another commercial building to be built, in my opinion, isjustifiable to generate a competitive
market. However, per my conversation with my agent and contractor, to allow another investorto build a structure
that serves the residential and commercial market combined, allows the owner(s) of that building to drive their
commercial rent rates down so low enough not to be comparable and competitive with other commercial exclusive
buildings. Specifically, both my agent and contractor stated this to be fact in communication with other investors and
builders.
By allowing this variance, I will have a neighbor that will be allowed to be more competitive than what I can
b& t realize there is a demand for residential space, but thoroughly believe there is another way to make this fair for
all business and building owners.
Thank you for your consideration.
Sincere ,
l�
Russe au r Sr.
schoenauersrrin ya oo.com
MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
SEPTEMBERT 14, 2016 — 6:00 PM
DALE HELLING CONFERENCE ROOM, CITY HALL
MEMBERS PRESENT: Larry Baker, Gene Chrischilles, Brock Grenis, Connie Goeb,
Becky Soglin
MEMBERS ABSENT:
STAFF PRESENT: Susan Dulek, Karen Howard, Kent Ralston
OTHERS PRESENT: Shavon Harmon
CALL TO ORDER & ROLL CALL:
The meeting was called to order at 6:00 PM,
SPECIAL EXCEPTION ITEM EXC15-00013:
An application submitted by Kum and Go to establish a Quick Vehicle Service Use (gas station
and convenience store) in the Riverfront Crossings -West Riverfront Subdistrict (RFC-WR) zone
on Benton St. between Riverside Dr. and Orchard St.
Continuation of the public hearing that began on September 8, 2015.
Ralston, City Transportation Planner, addressed the Board regarding a memo he prepared
regarding this project. Currently there are two proposed access points to the property, one on
Riverside Drive and one on Orchard Street. Ralston stated he feels this will be an
improvement for the area as the bulk of the transportation access points that are there currently
will be consolidated, as well as the elimination of the existing entry point on Benton Street. The
access point on Orchard Street meets the City's standards of at least 80 feet from an
intersection and the access point on Riverside Drive will be 146 feet from the intersection.
Ralston compared the new Kum & Go property with relation to the existing Kum & Go access
points on Riverside Drive because the areas are much the same with the average daily traffic
and turning traffic. He stated that there are not many accidents at that site, only four collisions
between 2012 and 2104 which is actually low for an arterial commercial street. Ralston also
looked at the Orchard Street & Benton Street intersection and it had five collisions in that same
time frame. The average daily traffic on Riverside Drive was about 24,000 vehicles in 2014
(northbound and southbound) and Benton Street is roughly about 12,000. Ralston noted that
there was at one point a proposal for the access on Benton Street but because of the left
turning lane vehicles would be crossing a double yellow and solid white lane lines, which it to
be avoided. Overall he feels that with the access point consolidations he does not see an
issue with transportation.
Chrischilles noted that a difference from the existing Kum & Go that is north is the new location
is closer to an intersection and people will not have as much time to react, especially
Board of Adjustment
September 14. 2015
Page 2 of 5
northbound traffic. He is concerned that the Kum & Go trucks will come in off Riverside Drive
and exit onto Riverside Drive and thought a right -turn -only out onto Riverside Drive was the
only solution but took into consideration what the applicant said about possible hindrance to
their business by doing so. So therefore, could it be possible to widen the access point on
Riverside Drive to accommodate three lanes with an entrance lane, left out only, and right out
only. He also shared concern for northbound traffic entering the Riverside Drive access point.
Howard noted that the concern for widening the access point is becomes closer to the
intersection. She also stated that the number one goal of the Riverfront Crossing Plan was to
make the area more pedestrian friendly and Kum & Go has agreed to dedicate 10 feet of right-
of-way so the sidewalk can be widened along Riverside Drive and to eliminate the gigantic
access points that could be difficult for a pedestrian to walk through. Chrischilles said he feels
there should not be a left turn onto Riverside Drive allowed, but thought the three lane access
point idea would be a compromise. Ralston said his preference is to control the traffic, with a
three lane access point it adds to the lack of control and safety for both vehicles and
pedestrians.
Ralston also noted that the traffic concerns on Riverside Drive are restricted to two hours a day
during the work commute times, the other 22 hours it won't be an issue.
Soglin stated she is getting comfortable with the access issue but asked about the increased
pedestrian traffic and if changes would be made to the crosswalk at the Riverside Drive and
Benton Street intersection. Ralston said that could be adjusted.
Soglin also noted that the traffic volumes Ralston stated were historical and with the
construction of the 900 unit apartment building being constructed to the north of this site is the
area able to support that additional traffic. Ralston replied that the area can function with
almost any volume of traffic so that was not a concern. He also noted that most traffic counts
in urban areas are down over the past 10 years, which is the trend they are seeing. Howard
noted that with the new apartment complex, the concept is to make the area more pedestrian
friendly.
Chrischilles asked Ralston if he disagrees with making the access point on Riverside Drive
right -in and right -out only, and if it would be safer. Ralston agreed it would certainly be more
safe but the counter to that proposal is the traffic issues are only a couple hours per day and
the increase would then affect the residential area. So while it may be safer, he doesn't feel it
is necessary.
Chrischilles noted that after the meeting last Thursday he went to the site and exited the
property to the left five times and his average time waiting to exit was 28 seconds. Ralston
replied that is good in traffic standards. Chrischilles really feels that the traffic on Riverside
Drive is busy all day, not just in the two peak commute hours. Howard noted that this is a
commercial corridor area and it is expected to be congested, as commercial properties need
traffic to sustain their businesses.
Chrischilles asked about the southbound turn lane on Riverside Drive and asked if there was a
provision to make that turn lane dedicated for southbound traffic (by painting another arrow)
also useable for northbound traffic to access the new Kum & Go. Ralston said that could be
done.
Grenis asked if they could add the painting of the turn lane as a conditional of approval.
Ralston said not to make it a condition, the road is a state highway and would have to have
Board of Adjustment
September 14. 2015
Page 3 of 5
DOT approval for the added arrow
Harmon said she stated all her points at the last meeting but added that she agrees with
Ralston that customers will use the Orchard Street access to avoid having to turn left onto
Riverside Drive from the property. She also reiterated that Kum & Go knows they need to
make their store convenient for customers to access or they will go elsewhere. If there was
only a right-in/right-out access point on Riverside Drive, their volumes would be reduced
significantly. Harmon also noted that if they were told they could only have a right-inlright-out
on Riverside Drive, they would not build the store.
Goeb asked about signage and if there would be signage to show all the access points to the
property. Harmon said that yes, the City has agreed to allow for directional signage. Goeb
asked where the signage would be to direct traffic to Orchard Street and Harmon replied it
would be at Orchard Street, not at the corner of Benton Street and Riverside Drive.
Grenis closed the public hearing.
Baker moved to approve EXC15-00013, a special exception to allow a Quick Vehicle
Service use in the Riverfront Crossings -West Riverfront Subdistrict (RFC-WR) zone,
subject to the following conditions:
• Compliance with the Conditional Zoning Agreement
• Design Review of final site and building design for compliance with the form -
based code, including the coordination of the wall screen and landscaping of
the north setback with the adjacent property; 53 landscaping along the west
side of the site should be located 10-15 feet from the west property line; and
the re -location of the dumpster to a more appropriate location on the site
away from the street right-of-way.
• Installation of a 4-foot, durable open -pattern fence along the north property
line. Fence may not be galvanized chain link or wood.
• No amplified sound on the exterior of the building except for customer
service intercom at the gas pumps.
• No decorative lighting or lighted signage on the north or west face of the
canopy.
Goeb seconded the motion.
Baker thanked the applicant for having patience with the process
Soglin noted that she feels the egress issue is balanced with safety but appreciates all
Chrischilles' comments and questions.
Baker agreed that this plan was probably the most workable solution for both the goals of
safety and convenience.
Grenis also supports this plan and recognizes all the thought and planning that went into it.
Baker stated that regarding EXC15-00013 he concurs with the findings set forth in the Staff
report of September 14, 2015 and conclude that the general and specific criteria are satisfied
unless amended or opposed by another Board member he recommends that the Board adopt
Board of Adjustment
September 14. 2015
Page 4 of 5
the findings in the staff report for the approval of this application
Soglin agreed that the information shared at this meeting helped address general standard 1
about safety issues, general standard 4 about access roads and being able to accommodate
traffic, and general standard 5 regarding ingress and egress to minimize congestion.
Grenis agreed with the findings and support the approval of this application.
Chrischilles noted he doesn't feel like as a group they are addressing the safety aspect of this
application and the convenience factor is given higher priority. The convenience is what he
feels will cause safety concerns.
A vote was taken and the motion passed 4-1 (Chrischilles dissenting).
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.
Goeb asked about the recommendation for the added arrow on Riverside Drive in the turning
lane. Ralston said the applicant would have to apply for a permit from the Iowa DOT for the
curb cut and can make that request at that time as well.
ADJOURNMENT:
Goeb moved to adjourn.
Chrischilles seconded the motion.
The meeting was adjourned on a 5-0 vote
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2014 - 2015
NAME
TERM EXP,
1018
11112
1114
2111
419
5MS
6110
8112
9110
BAKER, LARRY
111/2017
X
x
X
X
X
X
x
X
X
GOER, CONNIE
V112020
x
X
X
x
x
X
X
X
X
GRENIS, BROCK
111/2016
OIE
X
X
X
O!E
X
OIE
X
x
CHRISGHILLES, T. GENE
1/1/2019
O/E
X
01E
X
X
X
X
x
x
SOGLIN, BECKY
1/1/2018
x
x
X
X
X
X
}(
X
x
KEY, x=Present
0 = Absent
41E = AbsenVExcused
— = Not a Member