HomeMy WebLinkAbout06-15-2016 Board of AdjustmentCITY OFIOWA CITY
IOWA CITY BOARD OF ADJUSTMENT
June 15, 2016
5:15 P.M.
MPOJC Office
Lower Level - City Hall
IOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, June 15, 2016 — 5:15 PM
City Hall
Lower Level, MPOJC Office
A. Call to Order
B. Roll Call
C. Consider the April 13, 2016 Minutes
D. Special Exception Item
1. EXC16-00003: Discussion of an application for a special exception submitted on behalf of
the King of Glory Church to allow expansion of an existing daycare center located in the
Low Density Single -Family (RS-5) zone at 2024 G Street and 931 Third Avenue.
2. EXC16-00004: Discussion of an application submitted on behalf of Little Creations
Academy to allow the establishment of a daycare center in the Low Density Single -Family
(RS-5) zone at 2929 East Court Street.
E. Other
EXC16-00002: Approval of the decision to allow a Rooftop Service Area for property located
In the Central Business District (CB-10) zone at 115 and 117 Iowa Avenue.
F. Board of Adjustment Information
G. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING:
Wednesday, July13, 2016
Emma Harvat Hall, City Hall
STAFF REPORT
To: Board of Adjustment
Item: EXC16-00003
2024 G Street
and 931 V Avenue
GENERAL INFORMATION:
Prepared by: Sarah Walz
Date: May 11, 2016
Applicant: King of Glory International Church
921 3rd Avenue
Iowa City, IA 52245
Contact: Thomas McInerney
1208 Marcy Street
Iowa City, IA
Requested Action: Special exception to expand an existing daycare
center in the Low -Density Single -Family Residential
(RS-5) zone and to reduce the required parking.
Location: 2024 G Street and 921 3 d Street
Size:
Existing Land Use and Zoning:
24,629 square feet (>0.5 acre)
Low -density Single-family (RS-5)
Surrounding Land Use and Zoning: North: Residential (RS-8)
South: Residential (RS-5)
East: Religious Assembly (RS-5)
West: Residential (RS-5)
Applicable code sections: General Criteria for Special Exceptions (14-413-3A);
Specific Criteria for caycare uses (144B-4D-6);
Specific Criteria for a reduction in minimum parking
requirements for unique circumstances (14-5A-4F-5)
File Date:
April 15, 2016
BACKGROUND: The King of Glory International Church is seeking a special exception to
expand an existing daycare center to allow up to 64 children at 2024 G Street and to reduce the
required parking based on unique circumstances. In 2013, the church applied for and was
granted a special exception for a daycare allowing up to 16 children. In 2015, the church applied
for and was granted a special exception to expand the daycare to allow 33 children. The
daycare was also granted a reduction in the required parking based on a finding that the church
and daycare do not operate at the same hours. The daycare has now been in operation for
nearly 4 years. The existing daycare operates on the first floor of the house at 2024 G Street,
with the main entrance directly off the parking area.
The house is under the same ownership and functions as part of the church facility at 921 Third
Avenue —the daycare is operated by church members. The current proposal would expand the
daycare to include the basement level of the church.
Vehicle access to the parking area is provided from a single curb cut on G Street. A pedestrian
access from G Street was created as part of the previous special exception. The outdoor play
area is located behind the house and provides 1,966 square feet of play space.
The applicant is once again seeking a reduction in the required parking due to a unique
circumstance: the proposed daycare center and the adjacent church share the parking area and
do not operate during the same hours. In addition, many of the children served by the daycare
are brought to the site by van.
The zoning code standards for interior floor area and outdoor play areas are based on
requirement of the Iowa Department of Human Services, which licenses daycare centers.
ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and
general welfare, to conserve and protect the value of property throughout the city, and to
encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full
use and enjoyment of property in a manner that does not intrude upon adjacent property. The
Board may grant the requested special exception if the requested action is found to be in
accordance with the specific criteria included for Section 14-4B-4D-6 pertaining to Daycare
uses; 14-5A-4F-5 pertaining parking reductions for unique circumstances, in addition to the
general approval criteria for all special exceptions as set forth in Section 14-4B-3A.
The applicant's comments regarding each of the specific and general standards are included on
the attached application form. Staff comments related to the speck and general approval criteria
are set forth below.
Specific Standards (14-4B-4E-6).
a. Required Interior Activity Areas: Childcare centers must contain at least 35 square feet of
usable interior floor space per child. Reception areas, kitchens, storage areas, offices,
bathrooms, and hallways are excluded when calculating the required floor area. The dining
area may only be included in the square footage calculation if used by daycare participants
for activities other than meals. When co -located in a facility that houses other uses or
services, the proposed daycare use must have its own separate identifiable space for
program activities.
FINDINGS:
• A daycare center for 64 children requires a minimum floor area of 2,240 square feet.
• The first floor of the house on G Street provides more than 2,000 square feet of floor
area; an additional 1,190 square feet space is to be provided in the lower level of the
church building. A floor plan of the church is provided.
b. Required Outdoor Areas: Child daycare uses must provide a fenced outdoor play area of
not less than one hundred (100) square feet per child based on the maximum number of
children that will be using the outdoor play area at any given time. The outdoor play area
must meet the following standards:
(1) Playground equipment is not permitted within the front and side setbacks.
(2) Outdoor play areas must be well drained, free from hazards, and readily accessible to the
daycare center. In residential zones, outdoor play areas must be completely enclosed by a
fence at least four feet (4') in height.
FINDINGS:
• The existing outdoor play area is located to the rear of the daycare house. That play
area consists of approximately 1,966 square feet of outdoor play space within a chain
link fence 4 feet in height.
• With the expansion into the church building, the applicant proposed to provide an
additional 1,289 square feet of play space adjacent to the ramped entrance to the lower
level daycare. This would be located along the Muscatine Avenue frontage.
• The total area for play space will allow half of the children to be outdoors at one time.
• The applicant's site plan indicates that this new area will be surrounded by a 4-foot high
chain link fence.
c. Vehicular Circulation: The daycare use must provide a drop off/pick up area in a location
that is convenient to or has good pedestrian access to the entrance to the facility. This drop
off/pick up area must contain sufficient stacking spaces and/or parking spaces to ensure that
traffic does not stack into adjacent streets or other public rights -of -way. To promote safe
vehicular circulation, one-way drives are encouraged.
FINDINGS:
• Vehicle access to the shared parking area is provided via a curb cut from G Street
• The State of Iowa requires daycare operators to provide a minimum number of
caregivers based on the ages of the children in its care. The church has indicated that
they anticipate 10 employees based on the ages for the children they will accept into
their care (see age schedule in the attached application).
o With 10 employees and 64 children, the daycare is required to provide a
minimum of 16 parking spaces + 3 stacking spaces.
a The parking area shared by the church and daycare provides 20 parking spaces
and sufficient space for 3 cars to stack adjacent to the entrance from the parking
area (60 + feet).
• Given the size and configuration of the lot, it is possible that at peak hours some
vehicles may park on the street or experience some delay in entering or exiting the
parking and drop-off area. While there is adequate on -street parking available to support
the demand generated by the daycare, it is important to the integrity of the neighborhood
to minimize the reliance on on -street parking. The applicant has indicated that most of
the children served by the daycare are provided with pick-up service and are delivered to
the site by van, which reduces the number of vehicles coming to the lot. This is an
important factor in considering a daycare of this size at a constrained site. While a
requirement that the daycare provide van service would be difficult to enforce, staff
believes that limiting the special exception to this specific applicant would be effective in
ensuring that such service is provided.
d. Pedestrian Circulation: A sidewalk is provided to main entrance of the existing daycare
house. Entry to the new daycare space in the lower level of the church is provided from a
ramped walkway that may be accessed from the parking area or from the sidewalk that connect
to the adjacent public right-of-way. Pedestrian access must be clearly separated or distinguished
from vehicular circulation areas to minimize the extent to which users of the facility are required
to walk across drives or aisles to gain access to the daycare center.
FINDINGS:
• A 5-foot wide pedestrian route connects the public sidewalk on G Street to the main
entrance of the daycare. The route is marked to distinguish it from the adjacent parking
area.
A handicapped accessible entrance (ramp) to the expanded daycare space in the lower
level of the church building may be accessed directly from the parking area or from the
public sidewalk along Muscatine Avenue and Third Street. Pedestrians using the
pedestrian route from the sidewalk are not required to cross drives or aisles in order to
access the daycare entrance.
e. Site Development Standards: If the proposed use is located in a Residential Zone or in the
Central Planning District, it must comply with the Multi -Family Site Development Standards as
set forth in Section 14-213-6.
This is a somewhat unusual situation as the church property was established on a parcel that
fronts on three streets: G Street, Muscatine Avenue, and Third Avenue. The Multi -family site
development standards require parking areas to be located behind the building and to provide
setback from the property line. The existing parking lot extends beyond the front fagades of the
church and the daycare center building —there is no setback from between the parking area and
the front property line along G Street. The site is constrained such that there is limited space to
provide both the required parking in addition to the required setbacks and screening.
Staff believes that, while it is desirable for the parking area to be brought closer into compliance
with the code requirements for screening and setbacks, it is also desirable for the church to
retain the limited off-street parking that it currently has. In staffs view, it would not be
appropriate to bring the parking area into full conformance with the setback and screening
requirements. However, the following changes will bring the parking area closer to compliance:
• As indicated in the submitted site plan, the applicant has proposed to remove a small
area of paving between the parking area and the sidewalk along G Sreet. This will be
planted with turf grass to better distinguish the edge of the parking area from the public
sidewalk. The applicant will also plant a large shade tree adjacent to this portion of the
parking area to bring the parking area closer to compliance with the standards for shade
in the code.
Along the northeast portion of the property, the site plan indicates that the applicant will
establish (S2) low landscape screening along with shade trees to screen the parking
area and play area from Muscatine Avenue.
Parking Reduction for Other unique Circumstances (14-5A-4F-6): Where it can be
demonstrated that a specific use has unique characteristics such that the number of
parking or stacking spaces required is excessive, the Board of Adjustment may grant a
special exception to reduce the number of required parking or stacking spaces by up to
50%.
RIUp tuef--1
The two properties and the church and daycare use are owned and operated by the
same entity —the King of Glory Church.
• The parking area covers a portion of both lots.
• In order to serve 64 children, the daycare is required to provide a minimum of 16 parking
spaces in addition to the 20 required for the church.
• The parking area provides 20 parking spaces in addition to 60+ feet of stacking space
along the west side of the parking area.
• The two principal uses (church and daycare) do not operate during the same hours: the
daycare will operate weekdays only, from 7 AM until 6 PM; the church is used mainly on
weekends, though some weeknight activities are possible.
General Standards (14-48-3)
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
Staff believes the application satisfies this criterion based on findings articulated above regarding
vehicle circulation and pedestrian access. By providing van service to provide pick-up and drop-off
of children, the daycare greatly reduces the demand for parking and circulation on what is a
constrained site.
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 properly
values in the neighborhood.
Staff believes the application satisfies this criterion based on findings articulated above regarding
vehicle circulation and the parking. In particular, the applicant's use of pick-up service to deliver
children to the daycare will minimize the vehicle circulation at the site. There is ample on -street
parking along G Street to absorb occasional overflow.
Additional impacts due to the more intense use of the site for the daycare are mitigated by placing
the additional play area space on the Muscatine Avenue frontage and by providing additional
screening and shade trees along this portion of the property.
To ensure that the use does not detract from the character of the surrounding residential zone,
Staff recommends a condition, limiting the hours of operation to 7:00 AM — 6:00 PM, Monday
through Friday.
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:
The daycare is located along Muscatine Avenue, an arterial street with play areas facing
toward the street.
The parking area is able to safely accommodate both uses because the church and
daycare do not operate during the same hours and because the daycare provides pick-up
and drop-off van service to many of its clients.
Given the high visibility of the play area along Muscatine Avenue, staff believes it would be
to impose a condition that the fencing be black chain link it order to present an attractive
frontage.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
All utilities, access roads, drainage and other facilities are in place to serve this property.
5. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets.
I91,11gIiplUeli
• Access to the parking area is provided via a drive entrance onto G Street, a low -volume
residential street.
A daycare for 64 children requires a minimum of 16 parking spaces plus 3 stacking
spaces. The site meets the minimum requirement for parking and stacking spaces for on
the number of daycare employees needed based on the proposed age schedule
proposed by the applicant.
By providing van service to provide pick-up and drop-off of children, the daycare greatly
reduces the demand for parking and circulation on what is a constrained site. This
reduces the number of vehicles accessing the lot during peak drop-off and pick-up times
and will minimize the likelihood of vehicles creating congestion along G Street.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
FINDINGS:
As noted above, the parking area does not comply with the code requirement for
setbacks and screening. Given the desire to maintain adequate off-street parking for the
church, staff does not believe it would be appropriate to require full compliance with the
parking area setbacks and screening at this time. However, the site plan submitted with
the application shows screening along the northeast portion of the property, which will
minimize views of the parking area. The site plan also shows removal of a small area of
paving between the parking area and the public sidewalk along G Street, which will help
to provide some separation between vehicle and pedestrian areas.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
The Comprehensive Plan does not address this situation directly, but does encourage the
location of civic uses such as churches, daycares, and schools within neighborhoods. The
Central District Plan encourages the development of businesses, institutions, and public entities
that provide services and amenities that support healthy neighborhoods.
STAFF RECOMMENDATION:
Staff recommends approval of EXC16-00003, a special exception to allow the expansion of an
existing daycare and a reduction in the required parking from 40 spaces to 20 on property
located in the Low Density Single -Family (RS 51 zone at 2024 G Street subject to the following
conditions:
• The daycare is limited to this particular applicant and does not extend to any future
owner of the property.
• Hours of operation shall be limited to 7:00 AM to 6:00 PM, Monday through Friday.
• Substantial compliance with the site plan submitted. Fencing of the play area that faces
onto Muscatine Avenue will be black chain link.
• The size of the daycare may not exceed 64 children according to the age schedule
submitted with this application.
• The applicant must secure a building permit for the proposed modifications to the church
building in order to establish the use.
ATTACHMENTS:
1. Location map
2. Photos
3. Site plan
4. Floor plan
5. Application materials
Approved by: ! e4 X y
John Yapp, Development Service Coord' ator
Department of Neighborhood and Development Services
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Thomes McInerney Architect
May 11, 2016
Special Exception for dual use of a shared parking lot
@ 2024 G Street and 931 3rd Street
Legal Description of Property: Lot 7 & E 112 Lot 6 BLK 26 & S 10' of Alley lying
adjacent East Iowa City
Specific Approval Criteria
Two properties share an existing parking lot and driveway within a RS-5 zo r, Towards
to the East, 921 3rd Street has an existing church. Towards the West, 2024 G Street
has an existing two-story residential building operating as a daycare facility. Both
properties are owned by the The King of Glory International Church. Both properties
have long operated as oral.
Currently, the daycare serves 30 children at the 2024 G Street facility. The daycare
proposes to expand the daycare's numbers by providing services across the shared
parking lot within the basement level of the existing church. The size of the area will
adequately accommodate the proposed capacity of 34 children and will bring the
potential total number of children served to 64.
The existing outdoor play area is located behind the residential building. The fence
enclosures does not encroach into the side setback and it allows 100 square feet per
child of play area in a series of separate shifts. The enclosing fence is four feet in
height. An additional playground area is being proposed North of the existing church
and alongside the proposed ramp to the church's basement. This additional play area
shall have also have a four That high fence surrounded It and be black in color.
Additional trees and landscape screening Is being proposed between the playground
and public sidewalk along Muscatine Avenue.
The existing driveway and parking lot is paved with asphalt. The pavement drains
gradually to the Northeast Into grass and to the South via the existing driveway. The
parking capacity of the lot is 20.
Page 1 of 4
Thomas IYwinerney Architect May 11, 2016
Responses to the moral Approval Criteria of the Special Exception:
I. The specficpropasedexcapWn wvli=bedetnmente/tomendargeretepubaohearth, safety,
contlort, or general welfare.
The daycare located at 2024 G Street (aka Community Serving Community
Childcare or CSC Childcare) shares a paved parking and driveway area with the
adjacent lot to the East. The adjacent lot, 921 9rd Street, has a assembly type
occupancy operating as the Igng of Glory International Church. Both lots are
owned by the same entity.
The occupant load of the church is 120 which requires 20 off-street parking
stalls. The daycare will require 19 off-street parking stalls with the following age
group maximums:
16 infants
12 two year olds
12 three year olds
12 four year olds
12 five year olds (or older).
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2
3
4
5
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8
12
12
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12
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reed within the age
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Required child/Adult
4
4
6
8
12
15
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1.8
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Cbildraa'a Parents
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The table above is a spreadsheet showing the required parking.
Page 2 of 4
-r homas McInerney Architect
May tf, Witt
Both occupancies operate at different hours and do not overlap activities or
events with each other. The daycare operates during the workweek from 7AM to
6PM while the church's operation is during the weekends from 6AM to 5PM.
Currently, CSC Childcare serve 30 children. Of those 30 children, 90%are from
low-income families. Since many of the children's families have limited access to
transportation, CSC Childcare provides dairy pick-up service for the children and
delivers them to the daycare. Such a service substantially lowers the practical
need for the typical required off-street parking of a childcare facility.
A special consideration is requested to allow the amount of off-street parking
requirements to be limited to the most demanding of the two occupancies. The
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.
CSC Childcare shall not substantially diminish or impair property values.
Page 3 of 4
Thomas McInerney Architect May 11, 2016
2. Establishmerl ordxr spec'dc proposed excepion well nottmpede the memat a d Ord"deveMpment
and hc%vmvrnent or the sunamrrMg property rm uses panNaed M the draMGFM whrdl such propany
Is Located
No significant exterior modifications are being proposed; therefore, CSC
Childcare operations shall not impede the normal and orderly development and
improvement of the surrounding property for uses permitted in the district.
A ramp with a guard rail will be added to provide accessibiiity to the church's
basement.
3 Adequate uatittes, acxxiss wads, onmage aM/orneoaseary tact8des have been mere baMg
povtded.
The CSC Childcare facilities currently comply with requirements such as a
distinguishable path to the daycare entrances, an existing bike rack and trash
enclosure.
4. Adequate measures have been or wigbe taken to povide inpeea magrees demurred m minhnLa
trathccongesaon on public sheets.
CSC Childcare shall utilize existing infrastructure Including the off-street parking
area and shared driveway entrance.
6. Except for Me specficregulations a dstandards appNcabre to Me apedat excepion being
considered. the spedgcpropmed exception M ad other respoM conforms m the eppticabre
wgNedmta makmderda of the Zone M wtxch itts to bB bc86W.
CSC Childcare shall conform to the applicable regulations and standards of a
RS-5 zone.
6. The proposed use WN be consistent wren the C,omprehenmve Plan ofire C.ay.
The use of CSC Childcare facilities shall conform with Comprehensive Plan of
the City.
Page 4 of 4
1
To: Board of Adjustment
Item: EXC14-00004
GENERAL INFORMATION:
Applicant:
Contact:
Prepared by: Sarah Walz
Date: June 15, 2016
Little Creations Academy
2929 East Court Street
Iowa City, IA 52245
Pastor Anthony Smith
319-654-4624
Property Owner: New Creations International Church
2929 East Court Street
Iowa City, IA 52245
Requested Action: Special Exception
Purpose: To allow the establishment of a daycare center to
serve up to 30 children.
Location: 2929 East Court Street
Size: 42,645 square feet
Existing Land Use and Zoning: Religious Assembly; Low Density Single -Family
(RS-5) zone
Surrounding Land Use and Zoning: North: Residential (RS-5)
South: Residential (RS-5)
East: Residential (RS-5)
West: Residential (RS-5)
Applicable code sections: General Criteria for Special Exceptions (14-413-3A);
Specific Criteria for daycare uses (14-4B4D-6)
File Date: May 20, 2016
BACKGROUND: The Little Creations Daycare seeks a special exception to establish a daycare
center providing care for up to 42 children at 2929 East Court Street. The daycare center would
be housed in a portion of the church building --the program is affiliated with the church
ownership. It is the intent of the applicant to start the daycare with fewer than 20 children and to
grow the service to 42 children over time. Daycare centers and churches are allowed in
residential zones by special exception only.
The church property fronts on East Court Street, with vehicle access and parking provided from
Raven Street, a 24-foot residential street. The entrance to the proposed daycare, which is at
grade, is from the rear of the church; the daycare space is located on the lower level of the
church building. Daycare Uses are required to provide 1 parking space per employee based on
the maximum number of employees at the site at any one time plus one parking space for each
10 children or clients served, based on the maximum number that will be present on the site at
any one time. In addition, one stacking space must be provided for each 20 children or clients
served based on the maximum number that will be present on the site at any one time. The
current parking area provides approximately 44 spaces.
The zoning code standards for interior floor are and outdoor play are based on requirements of
the Iowa Department of Human Services.
ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and
general welfare, to conserve and protect the value of property throughout the city, and to
encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full
use and enjoyment of property in a manner that does not intrude upon adjacent property. The
Board may grant the requested special exception if the requested action is found to be in
accordance with the specific criteria included for Section 14-4B-4D-6 pertaining to Daycare
uses.
The applicant's comments regarding each of the specific and general standards are included on
the attached application form. Staff comments related to the specific and general approval criteria
are set forth below.
Specific Standards (14-4B-4E-6).
a. Required Interior Activity Areas: Childcare centers must contain at least 35 square feet of
usable interior floor space per child. Reception areas, kitchens, storage areas, offices,
bathrooms, and hallways are excluded when calculating the required floor area. The dining area
may only be included in the square footage calculation if used by daycare participants for
activities other than meals. When co -located in a facility that houses other uses or services, the
proposed daycare use must have its own separate identifiable space for program activities.
FINDINGS:
• The proposed daycare is located at the lower level of the church building with an at -
grade entrance from the parking area.
• A daycare center for 42 children requires a minimum floor area of 1,470 square feet.
• Based on the submitted floor plan, the interior area proposed for the daycare consists
of more than 2,000 square feet.
b. Required Outdoor Areas: Child daycare uses must provide a fenced outdoor play area of
not less than one hundred (100) square feet per child based on the maximum number of
children that will be using the outdoor play area at any given time. The outdoor play area must
meet the following standards:
(1) Playground equipment is not permitted within the front and side setbacks.
(2) Outdoor play areas must be well drained, free from hazards, and readily accessible to the
daycare center. In residential zones, outdoor play areas must be completely enclosed by a
fence at least four feet (4') in height.
I1INAPLC'ii
• The proposed outdoor play area is located on the southeast of the church building.
91
• The proposed play area consists of approximately 3,000 square feet of outdoor play
space.
• The applicant's site plan indicates that this area will be surrounded by a 4-foot high
fence.
• This space is adequate to serve 30 children at a given time.
c. Vehicular Circulation: The daycare use must provide a drop off/pick up area in a location
that is convenient to or has good pedestrian access to the entrance to the facility. This drop
off/pick up area must contain sufficient stacking spaces and/or parking spaces to ensure that
traffic does not stack into adjacent streets or other public rights -of -way. To promote safe
vehicular circulation, one-way drives are encouraged.
FINDINGS:
• Vehicle access to the parking area is provided via 2 existing curb cuts from Raven
Street.
• The State of Iowa requires daycare operators to provide a minimum number of
caregivers based on the ages of the children in its care. The proposed daycare will
provide services for infants and children up to five years of age. With 42 children, the
daycare would be required to provide no more than 15 parking spaces + 3 stacking
spaces.
• The parking area provides 44 parking spaces with additional space for cars to stack
along the aisle.
• Given the size and configuration of the lot, cars are unlikely to back into the street
and there is adequate space to turn around in the parking area.
d. Pedestrian Circulation: Pedestrian Circulation: A sidewalk must be constructed connecting
the main entrance of the center to the adjacent public right of way. Pedestrian access must be
clearly separated or distinguished from vehicular circulation areas to minimize the extent to
which users of the facility are required to walk across drives or aisles to gain access to the
daycare center.
IM211110
• Two (2) paved walkways are established through the parking areas connecting the
public sidewalk to the entrance for the daycare at the lower level of the church
building.
e. Site Development Standards: If the proposed use is located in a Residential Zone or in the
Central Planning District, it must comply with the Multi -Family Site Development Standards as
set forth in Section 14-213-6.
FINDINGS:
• The church property was established on a double -fronting lot: the parcel fronts on Court
and Raven Streets. The Multi -family site development standards require parking areas to
be located behind the building and to provide 10-foot setback from the property line and
landscape screening between the parking area and the street and along any portion of
the lot that faces a residential property line.
• The existing parking lot is established facing onto Raven Street. Setbacks between the
parking lot and the street right-of-way are approximately 5 feet. To meet the setback
standard may require removing 3 parking spaces. However, the parking area could likely
be restriped to meet the current parking space standards while achieving additional
spaces.
Because the daycare will generate additional use of the non -conforming parking area —more
cars and more parking throughout the week —Staff recommends that the applicant be
required to come into closer compliance with the code requirements. This requires
expanding the current setback from the sidewalk to 10-feet and installing low landscape
screening (S2) between the sidewalk and the parking area. Bicycle parking should also be
brought into compliance. In addition, installing 4 to 5 small trees in the area along the west
side of the parking area will screen parking area from adjacent residential properties to the
west. These changes will bring the property into closer compliance with the zoning code
standard for churches located in the residential zone.
General Standards (14-413-3)
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
Staff believes the application satisfies this criterion based on findings articulated above regarding
vehicle circulation and pedestrian access.
2. The specific proposed exception will not be injurious to the use and enjoyment of other
property in the immediate vicinity and will not substantially diminish or impair property
values in the neighborhood.
Staff believes the application satisfies this criterion based on findings articulated above regarding
vehicle circulation and the parking along with the following:
By bringing the parking area into closer compliance with the setback and screening standards, the
special exception will reduce views of the parking area along the street and from adjacent homes
to the west and provide better separation between the public sidewalk and the parking area.
The addition of a daycare use to the site, will increase traffic, parking, and noise at the site. Staff
believes these impacts may be minimized with the following conditions:
• Shifting the northern boundary of the play area such that it is 15 to 20 feet south of the
adjacent home at 3005 Court Street. There are dense, tall hedges along the east property
line that will provide visual screening of the play area. The Board may wish to consider a
privacy fence (solid fence) along this portion of the play area to provide additional buffering
of sound. Fences should be located 5 feet off the property line to allow for maintenance.
• Bring the parking area into compliance with the setback and screening standard along
the Raven Street frontage as described above and establish a row of small trees in the
area to the west of the parking area.
To ensure that the use does not detract from the character of the surrounding residential zone,
Staff recommends a condition, limiting the hours of operation to 7:00 AM — 5:00 PM, Monday
through Friday.
3. Establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the zone
in which such property is located.
Staff believes the application satisfies this criterion based on findings articulated above regarding
vehicle circulation and pedestrian access and by adopting additional recommended conditions
P
regarding the outdoor play area and setback and screening of the parking area as described
above.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
All utilities, access roads, drainage and other facilities are in place to serve this property.
S. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets.
Iy1►171kLe&3
• Access to the parking area is via a two curb cuts onto Raven Street, a low -volume
residential street.
• The minimum parking requirement for daycare for 42 children will be no more than 15
spaces. The church parking area provides more than 40 spaces with ample space to
stack along the parking aisles.
• Given the size and configuration of the parking area, vehicles should be able to circulate
within the lot without creating congestion on the public street.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
FINDINGS:
• The church meets its minimum parking requirement.
• As noted above, the parking area does not comply with the code requirement for
setbacks and screening. Adopting the recommendations of staff regarding the parking
setback and screening along Raven Street and planting low trees along the wet border
of the parking area will bring the parking area closer to compliance with the zoning
standard.
7. The proposed use will be consistent with the Comprehensive Plan, as amended
The Comprehensive Plan does not address this situation directly, but does encourage the
location of civic uses such as churches, daycares, and schools within residential
neighborhoods. The Central District Plan encourages the development of businesses,
institutions, and public entities that provide services and amenities that support healthy
neighborhoods.
STAFF RECOMMENDATION:
Staff recommends approval of EXC16-00004, a special exception to allow the establishment of a
daycare center for up to 42 children on property location in the Low Density Single -Family (RS-5)
zone at 2929 E. Court Street subject to the following conditions:
• Substantial compliance with the site plan submitted with some modification to the play
area location, shifting the northern boundary south 15-10 to allow greater separation
between the daycare use and the adjacent residence to the east.
• Hours of operation shall be limited to 7:00 AM until 6:00 PM, Monday through Friday.
• Retain the shrubs along the east side of the outdoor play area and install privacy fence
in this area ( a 5-6 foot solid fence).
• Establish the required 10-foot setback between the parking area and sidewalk on Raven
Street and install low (S2) shrub screening as required by code.
• Install 4-5 small trees along the west side of the parking lot to serve as screening for the
parking area.
• Establish required bicycle parking.
• A building permit is required in order to establish the use.
1. Location map
2. Site plan
3. Floor plan
4. Application materials
Approved by:
John Yapp, Development Servic s Coordinator
Department of Neighborhood and Development Services
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APPLICATION TO THE
BOARD OFADJUSTMENT
SPECIAL EXCEPTION ----
DATE: PROPERTY PARCEL NO.I r31�
PROPERTY ADDRESS:. ;2%29 15 .OUc l
PROPERTYZONE:
PROPERTY LOT SIZE: _ Cy
APPLICANT, Name:
Address:s a
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CONTACT PERSON: Name: t + nTT ~
(If other than applicant) �" .
Address:
Phone:
PROPERTY OWNER: Name: 1 6 ',
(if other than applicant)
Address:
Phone: _.
Specific Requested Special Exception; please list the description and section number in
the zoning code that addresses the specific special exception you are seeking. If you
cannot find this information or do not know which section of the code to look in, please
contact Sarah Walz at 356-5239 or e-mail sarah-wa/z@bmcW,org.
Purpose for special exception:
Data of previous application or appeal filed, if any:
Little Creation Academy Summary
Little Creations will provide childcare services for age's infants to 60 months
(5yrs).The centers maximum capacity is 30 children The centers hours of operation
are 6:30 am-5:30pm Monday — Friday.
Interior Area
The center Is located in the lower level of New Creations International Church. The
center will consist of six 12x17ft classrooms that are equipped with retractable
partitions, a nursery 15X18ft and a computer lab 15X17, a 19 X29ft indoor play
area and a 17X20 kitchen.
Exterior Area
Entrance to the center leads directly to the parking lot. There are sidewalks leading
to the center entrance. Access to the outside play area is at the entrance to the
center. Staff parking is on the west parking area and pickup and drop off parking is
on the east parking area.
r
fir CITY OF IOWA CITY
..;I it MEMORANDUM
Date: June 9, 2016
To: Board of Adjustment
From: Sarah Walz, Associate Planner
Re: Approval of the proposed BOA decision in EXC16-00002
At its April meeting, the Board approved a special exception for a Rooftop Service Area for
Joe's Place at 115 and 117 Iowa Avenue.
In reviewing the application there was considerable discussion regarding live music and live
performance, during which I introduced an error regarding the regulation. I stated that live music
was prohibited. In fact, the code states "Live entertainment using amplified sound is not
allowed."
In the staff report, we recommend a prohibition on live music and performance altogether, and
the applicant did not object to this condition. The Board adopted the prohibition on live music or
performance as a condition of approval, however it is possible that you based this upon my
misstatement regarding what the code allowed.
The City Attorney recommended that we review this aspect of the decision so that you could
determine whether you indeed wish to keep this condition "No live music or performance is
permitted." If you choose to strike this condition, the applicant would be allowed the right to have
live entertainment as part of the RSA so long as the entertainment did not use amplified sound
(e.g. acoustic music) in accordance with the zoning code language.
The draft decision is attached for your review with the various references to the prohibition
highlited.
Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-6230
DECISION
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, APRIL 13, 2016
EMMA J. HARVAT HALL
MEMBERS PRESENT: Larry Baker, T. Gene Chrischilles, Connie Goeb, Tim Weitzel
MEMBERS ABSENT: Becky Soglin
STAFF PRESENT: Sue Dulek, Sarah Walz
OTHERS PRESENT: Brian Flynn, Pat Barton, Aaron Doubet
SPECIAL EXCEPTION ITEMS:
EXC16-00002: Discussion of an application for a special exception submitted on behalf of Joe's
Place to allow a Rooftop Service Area for property located in the Central Business District (CB-
10) zone at 115 and 117 Iowa Avenue.
The Board concludes that the Rooftop Service Area (RSA) will meet all building and fire code
requirements and be ADA compliant based on the following findings:
The proposed plan for the RSA is designed to be ADA compliant with elevator access
and accessible restrooms.
• The site plan provided by the applicant indicates two means of access to the service
area —an interior stairwell and elevator. An accessible route between the first floor front
entrance and the elevator must be verified through the building permit and inspection
process. Likewise an accessible route from the elevator to second floor restrooms and
bar will be required.
• The exterior staircase, located at the back of the building, is intended for emergency
egress only. The exterior staircase exits at the ground level just outside the fenced beer
garden, behind the ground floor level of 119 Iowa Avenue. The plan indicates a gated
door with crash bar for exit only.
• An additional stairway access from the enclosed area at the northwest side of 115 Iowa
Avenue —will be secured and is for access to the business office, which is located at the
front of the second story portion of the building overlooking Iowa Avenue. This stairwell
could be used as additional emergency egress.
The Board concludes that the RSA shall be designed in an attractive manner that will not detract
from adjacent uses, and will prevent nuisance and safety issues based on the following findings:
• The site plan provided by the applicant shows the layout of the proposed RSA to be
located atop a wooden deck on the rooftop of the 1-story portion of the buildings at 115
and 117 Iowa Avenue.
• The outdoor seating area will be set back more than 45 feet from the front of the building
(on Iowa Avenue) and partially screened by existing or proposed extensions of the
second floor structure that houses the restrooms and stairwell.
• Along the remaining portion of the north perimeter and the east perimeter, the outdoor
service area will be screened by 5-foot high solid panels mounted to the top of a low
parapet wall (approx.1.5 feet in height). Along the south perimeter a 10-foot portion of
the RSA is screened by the elevator shaft. Along the west perimeter the RSA faces a
solid masonry wall.
• Along the remaining perimeter area, railings 4 feet in height will prevent customers from
falling or entering onto other rooftop areas or adjacent structures.
• The site plan indicates a "canopy" covering a portion of the seating area. The structure is
precluded by code from having a solid rooftop —as that would be considered a horizontal
expansion of the non -conforming Drinking Establishment. The applicant has indicated
that he is contemplating a pergola type, open roof structure.
The Board concludes that the RSA will be located directly above the use to which it is
accessory and there are no other uses located on floors in between the RSA and the use to
which it is accessory based on the following findings:
• As shown in the site plan, the second floor interior floor area will be used for bathrooms,
elevator and stairwell, and the bar service area only.
• All customer areas are exterior to the second story structure. No solid roof may be
permitted above the bar area as this would constitute a horizontal expansion.
The Board concludes that the RSA will be set back from adjacent upper floor uses and the edge
of the roof and screened and completely enclosed within a decorative fence or wall built of high
quality, durable materials based on the following findings:
• The proposed RSA is set back more than 40 feet from the front of the building and
screened from view of Iowa Avenue by the existing second story structure and 5-foot
perforated metal panels.
• The nearest second story use is located approximately 21 Y east of the RSA (the Basta
building at 121 Iowa Avenue). Panels, 5-feet in height, will be mounted atop a 1.5 foot
parapet wall to screen views to the apartment windows. To the west, the RSA faces a
solid brick wall on the nearest second story of an adjacent building.
• The portion of the outdoor seating area located above 115 Iowa Avenue is set back
approximately 30 feet from the rear of the building, which faces onto a private alley.
The Board finds that a lighting plan has not been submitted, but is a required element of for the
building permit and must be reviewed and approved as part of the building permit process. In
order to meet the City's lighting standard, any lights must be downcast and shielded so that light
is only directed into the RSA and not outward toward adjacent properties and the lights must be
turned off when the RSA is not in operation.
The Board finds that no signs are being proposed for the RSA and thus none are permitted.
The Board concludes that there is a management plan in place. The Board finds that the
applicant's submitted management plan indicates the following:
Hours of operation from 3 PM to 2 AM with no amplified sound after midnight. (The
applicant indicated verbally, that the RSA may occasionally open early for events such
as football Saturdays and the Board was agreeable to this.)
• All customers will be carded at entry into the bar.
• All customers will only be able to access the roof area from the interior stair [or elevator]
• At least two to eight employees will staff the upper bar at all times.
• A floating crowd control manager will be monitoring entire bar.
To ensure the RSA is managed appropriately over time the Board concluded that it was
appropriate to reiterate, as a condition of approval, the criterion language from Zoning Code
language condition that states "if nuisance or safety issues arise, the City may require
immediate changes to the management plan and/or the number of monitors to remedy the
situation and reserves the right to suspend or revoke the [O]SA permit." This makes clear to
the applicant and any future owner, that if the OSA is not managed in an appropriate
manner that changes may be required, up to and including revocation of the OSA permit
allowing the use.
The Board finds that the property does not abut any residential property or any property that
includes residential uses on the second floor and there is no public alley adjacent to the
property. The Board finds that the subject property is not located within 300 feet of a residential
zone —the nearest residential zone being located east of Jefferson Street, approximately 500
feet away.
The Board finds that food service is provided as described in the management plan. Food
service will be concession style; there is no kitchen indicated in the plans, and a kitchen is not
required for the food being served.
The Board concludes that the design of the RSA will minimize the carry of noise across property
boundaries based on the following findings:
• As noted above, portions of the north and east perimeters of the RSA are screened from
adjacent second floor uses by portions of the second floor structure or 5-foot high
panels.
• The applicant has provided a Sound Mitigation Plan indicating the locations at which
speakers will be installed. Speakers will be angled downward and directed away from
nearby second floor uses to minimize sound escape. The sound system will not have
any subwoofers and will be on an automated system that adjusts automatically and turns
off at midnight.
• As noted in the Sound Mitigation Plan, the speaker system will need to be adapted to the
building materials used —in this case the metal panel screens and open ceiling (no solid
roof). The applicant has indicated willingness to provide additional acoustical materials
behind the screen wall if necessary.
• No live entertainment shall be allowed.
The Board finds that amplified sound is permitted by an annual temporary use permit. A
temporary use permit may be denied or rescinded at the discretion of the City if noise
becomes a nuisance or terms of the temporary use permit or the special exception
conditions are violated. Live performance using amplified sound is prohibited.
The Board concludes that the specific proposed exception will not be detrimental to or endanger
the public health, safety, comfort or general welfare based on the following findings:
• The RSA must meet all building and fire code requirements and be ADA compliant.
• As shown in the site plan, the RSA will be setback more than 40 feet from the street. The
outdoor area will be surrounded by a combination of the 5-foot high metal panels or 4-
foot high railing to prevent occupants from accessing other rooftop areas.
Access to the rooftop is from an interior stairwell and elevator. All customers must
present ID before entering the bar. The exterior stairwell at the rear of the RSA is for
emergency exit only and is secured to allow exit only.
• The applicant has provided a management plan that indicates that 2-8 staff will be
present on the rooftop at a time. Additional support will be provided by a floating crowd
control manager who oversees the entire bar.
While staff is not aware of any proposed heat sources being proposed at this time, heat
sources will be required to meet Fire Code and Building Code, and will be inspected.
The Board concludes that 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 based on the following findings:
• The site plan provided by the applicant shows the service area set back more than 40
feet from the front of the building (on Iowa Avenue) and partially screened by existing or
proposed extensions of the second floor structure that houses the restrooms and
stairwell. Where not screened by the building itself, the RSA will be screened by 5-foot
high perforated metal panels.
• Along the east side of the outdoor service area, 5-foot high perforated metal panels
mounted to the top of a low parapet wall (approx.1.5 feet in height) will screen the use
from nearby second story uses at 121 Iowa Avenue.. Along its south end, a portion of
the RSA it is screened by the elevator shaft. Along the west side the property the RSA is
screened by a solid brick wall —there are no upper story windows on the building to the
west.
• Railings 4 feet in height will prevent occupants from entering onto portions of a lower
rooftop that includes HVAC equipment.
• Amplified sound is allowed by temporary use permit only and may not extend beyond
midnight. Live performance using amplified sound is prohibited.
The Board concludes that the 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 based on the following findings:
• The subject property is located in the Downtown District and is zoned Central Business
District (CB-10) zoning, which is intended to allow for a high density mixed use
development and entertainment area in Iowa City.
• Rooftop Service Areas were added as an allowed use in the zone in order to create
more diverse seasonal opportunities, similar to sidewalk cafes.
The Board concludes that the application is consistent with the Comprehensive Plan, as
amended based on the following findings:
• The Downtown District and CB-10 zone are intended to provide high -density, compact
development with a mix of uses. One goal of the Comprehensive Plan is to maintain a
strong and accessible Downtown with a strong and distinctive cultural, commercial, and
residential character.
• The Comprehensive Plan encourages investment in the Downtown to ensure its place
as the center of arts, culture, entertainment, commercial and civic activity for the city and
the metro area.
• The Riverfront Crossings Master Plan calls for maintaining Downtown Iowa City as the
focal point of the region, encouraging a variety of uses and activities within the
Downtown core.
• As Iowa City's population grows along with the University population, new or unique
entertainment venues help to maintain Downtown Iowa City as a center of
entertainment.
• The recent success of rooftop areas, such as that at 30-Hop in Coralville's Iowa River
Landing, demonstrate that RSAs, much like sidewalk cafes, can add vibrancy to a mixed
use area.
DISPOSITION: By a vote of 3-1 (Chrischilles voting no; Soglin absent) the Board approved
EXC16-00002, a special exception to allow at Rooftop Service Area in the Central Business
(CB-10) zone located above 115 and 117 Iowa Avenue subject to the following conditions:
• Substantial compliance with the site plan submitted.
• No solid roof shall be constructed over any portion of the outdoor service area.
• Amplified sound is allowed by temporary use permit only.
• No live music or live performance shall be allowed Live performance using amplified
sound is prohibited.
• Live performance using amplified sound is prohibited.
• A lighting plan must be in compliance with the Zoning Ordinance and approved by the
Building Official prior to issuance of a building pen -nit.
• Handicapped accessible routes must be maintained between the front entrance and
elevator, between the elevator and second floor restrooms, and between the elevator
and the RSA.
• Substantial compliance with the management plan, requiring no fewer than 2 employees
present on the rooftop at all times, and one crowd control manager for the entire
bar/business.
o If nuisance or safety issues arise, the City may require immediate changes to the
management plan and/or the number of monitors to remedy the situation and
may suspend or revoke the Outdoor Service Area permit.
• Food service must be provided during all hours of operation.
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action, shall
expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall
have taken action within such time period to establish the use or construct the improvement
authorized under the terms of the Board's decision. City Code Section 14-8C-1 E, City of Iowa
City, Iowa.
Approved by:
Larry Baker, Chairperson
City Attorney's Office
STATE OF IOWA
JOHNSON COUNTY
I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment
Decision herein is a true and correct copy of the Decision that was passed by the Board of
Adjustment of Iowa City, Iowa, at its regular meeting on the 13'h day of April, 2016, as the same
appears of record in my Office.
Dated at Iowa City, this day of 20_
Marian K. Karr, City Clerk
MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
APRIL 13, 2016 — 5:15 PM
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Larry Baker, Gene Chrischilles, Connie Goeb, Tim Weitzel
MEMBERS ABSENT: Becky Soglin
STAFF PRESENT: Susan Dulek, Sarah Walz
OTHERS PRESENT: Brian Flynn, Pat Barta, Aaron Doubet
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Baker outlining the role and purpose of the Board and
the procedures that would be followed the meeting.
CONSIDERATION OF THE MARCH 9, 2016 MEETING MINUTES:
Chrischilles moved to approve the minutes of March 9, 2016.
Weitzel seconded the motion.
A vote was taken and the motion passed 4-0.
SPECIAL EXCEPTION ITEM (EXC16-00002):
Discussion of an application for a special exception submitted on behalf of Joe's Place to allow
a Rooftop Service Area for property located in the Central Business District (CB-10) zone at
115 and 117 Iowa Avenue.
Walz began the staff report showing an aerial view of the property indicating the zoning
designations of the surrounding properties. Joe's Place consists of three store fronts and the
proposed rooftop service area is above two of those, 115 and 117 Iowa Avenue. The opposite
side of Iowa Avenue and Clinton Street is the P-2 zone, which is the University of Iowa. Other
surrounding areas are CB-10 zones.
Walz explained this is the first application the Board has received under this new ordinance to
allow rooftop service areas. The subject property is in the Downtown District and CB-10 zone.
The purpose of the CB-10 zone is to allow for a wide range of retail, service, office and high
density residential uses and to support a healthy and vibrant commercial area and allow the
development of a mix of uses often with residential or office uses above store front commercial
uses. Walz noted that in 2015 the Zoning Code was amended to allow rooftop service areas
(RSA) as an accessory use in a number of zones and each of those zones has its own criteria
Board of Adjustment
April 13, 2016
Page 2 of 12
for the standards it has to meet to be allowed. In the CB-10 zone RSAs are allowed
provisionally for hospitality oriented uses (hotels), commercial recreational, and eating
establishments (restaurants). RSAs for drinking establishments (bars) are allowed under the
special exception process. Joe's Place is a drinking establishment.
RSAs are an accessory use —an outdoor gathering space on the rooftop, or upper floor terrace
of a building that is open to the public. If the RSA is an accessory to an establishment that is
licensed by the State to sell alcohol it is considered a type of outdoor service area, so that
brings in additional regulations that have to do with the serving of alcohol. So there can be a
RSA that doesn't serve alcohol, but when it is a rooftop service area that does serve alcohol a
number of other provisions apply.
The applicant, Joe's Place, is seeking a special exception to allow a rooftop service area above
the existing drinking establishment. Walz showed photos and sketches of the building and
where the RSA would be and the views of the surrounding areas. The applicant is proposing to
construct a wooden deck on the rooftops of 115 and 117 Iowa Avenue to provide a little over
1200 square feet of open air seating. The proposed area will be elevated slightly above the
existing roof, so that the floor area will be even across the rooftop of the two buildings. They will
be using some of the 2"' floor area of the building at 115 Iowa Avenue to create the necessary
restrooms, and the service area of the bar (where the employees would be) is in the interior of
the building as well (so it can be locked up at night) but all the area where the customers will be
served is on the exterior of the building. The proposed RSA would serve concession style food
and beverages and the proposed hours of operation would be 3 pm to 2 am with no amplified
sound after midnight. Amplified sound is permitted on the exterior of the building for rooftop
service areas by temporary permit only and live music is not permitted.
Walz next discussed the specific standards. The RSA shall meet all building and fire code
requirements, be ADA compliant, include elevator service, and have accessible restrooms
provided. There will be an elevator to make the RSA handicap accessible. The route back to
the elevator from the ground floor will be inspected at the time the building inspections are done
to confirm it is an accessible route. Access to the second floor will be via an interior stairwell
and the elevator. In terms of emergency egress there is an outdoor stairwell that would go
down by the exterior beer garden at the back of 119 Iowa Avenue. Customers won't have
access to the interior of the building but it is possible if there was an emergency there is an
additional stairwell that is shared by a neighboring building that could be accessed as well.
The RSA shall be designed in an attractive manner that will not detract from adjacent uses, and
will prevent nuisance and safety issues. The site plan that was provided shows the layout of the
proposed RSA and Walz showed some views of the outside of the buildings and explained how
the RSA would be constructed and laid out. The RSA will be setback 40 feet from the front of
the building and there will be 4 foot tall metal panels so it won't be visible from the street. The 5-
foot metal panels will also be installed on the parapet wall so the RSA will be screened from the
views of the buildings to the east. Along the remaining perimeter area, railings 4 feet in height
will prevent customers from falling or entering onto other rooftop areas or adjacent structures.
Walz also noted that the property at 113 Iowa Avenue has no upper floor use.
The RSA shall be located directly adjacent to or above the use to which it is accessory and
there shall not be other uses located on floors in between the RSA and the use to which it is
accessory. This RSA is directly above the bar area at 115 and 117 Iowa Avenue and there are
no other uses located between.
Board of Adjustment
April 13, 2016
Page 3 of 12
The RSA must be set back from adjacent upper floor uses and the edge of the roof and
screened and completely enclosed within a decorative fence or wall. Walz confirmed that is the
case on the eastern wall of the building that will face towards the Basta building.
The proposed RSA must be set back a minimum of 10 feet from the street facing edge of the
roof. Walz confirmed it will be setback more than 40 feet from the street facing edge.
The lighting must comply with the Outdoor Lighting Standards. Walz noted typically this is
included in the special exception because it is a requirement of the special exception. The
lighting plan has not been submitted yet but will be as part of the building permit process and it
must comply with the City standards.
No signs shall be allowed in or on the exterior wall or fence of the RSA that are within public
view. Walz explained that no signs are being proposed for the RSA, the applicant has indicated
that there may be television screens in the area around the bar but those should not be visible
from the public street or the adjacent residential.
For RSAs that are also outdoor service areas there must be an RSA management plan in place
and at least one employee must be designated to monitor the safety and compliance of the RSA
during hours of operation. Walz showed the Board the management plan that was submitted
with the application and it indicates the hours of operation, no amplified sound after midnight, all
customers will be carded at entry to the bar, all customers will only be able to access the rooftop
from the interior stairs or elevator, and at least two to eight employees will staff the upper bar at
all times and there will be a floating crowd control manager that monitors the entire bar. To
ensure that the RSA is managed appropriately over time, the City Code states that if nuisance
or safety issues arise, the City may require immediate changes to the management plan and/or
the number of monitors to remedy the situation and reserves the right to suspend or revoke the
RSA permit. Staff recommends reiterating this as a condition of the special exception. This is
important so that the condition is clear to the current owner, but also any future owner as the
RSA is allow to transfer with ownership.
In the CB-10 zone, where the building containing the RSA abuts or is directly across a public
alley from a property containing upper floor residential uses or hotel rooms that have windows
facing the RSA there are limits on the hours of operations. In this case the alley to the rear is
not a public alley, it is a private alley.
If alcohol is being served, food service must be provided. Prior to approval of an RSA, the
applicant must submit evidence indicating how this requirement will be met. In this situation the
applicant intends to sell food concession style, so people would order at the bar area, food
would be available in RSA but not in the lower floors of the bar.
Dulek explained the noise conditions, starting with amplified sound. The way the ordinance
reads is amplified sound is not allowed at all, only by a temporary use permit. Therefore from
the Board's standpoint, the Board cannot limit amplified sound, because it does not exist. Non
amplified sound is allowed, but there must be a plan by the applicant to address the noise. The
temporary use permit will be a City Staff decision, and it will be an annual permit review that
Staff can revoke at any time if there are nuisance issues. The Board has no jurisdiction over
that.
Goeb asked if amplified sound is permitted by the temporary use permit, why live music is not
allowed. Dulek said that was discussed during the ordinance approval process last year but did
not know the specifics.
Board of Adjustment
April 13, 2016
Page 4 of 12
Walz continued and discussed other noise outside of amplified sound. Given the distance of
this RSA and other adjacent upper floor uses, the screening to the east, and that the CB-10
zone is a zone where a certain amount of noise is anticipated, it will not create a significant
disturbance to the neighborhood.
Dulek noted the ordinance states the design of the RSA must minimize the area of noise, so it
must be designed with that in mind.
Chrischilles asked if there were apartments above the Basta restaurant. Walz confirmed there
were, and that is why the screening will be mounted on the parapet wall on the east of the RSA.
Walz noted additional special exception approval criteria for nonconforming drinking
establishments. An RSA accessory to a nonconforming drinking establishment may be allowed
by special exception provided it meets the general approval criteria and the additional approval
criteria The RSA shall be located directly above and contiguous to the licensed drinking
establishment. This RSA meets that requirement, it is directly above the bar.
There shall be no horizontal expansion of the licensed drinking establishment. The proposed
RSA is located above the existing bar area. There is no horizontal expansion of the use.
There shall be no increase in interior floor area or interior occupant load. This is met, all of the
customers, except those using the restroom (which is an allowable exception) will be on the
exterior of the building as shown on the floor plan.
Walz noted the general standards follow through from the specific standards, and can answer
questions about those if needed. She noted general criteria number 3: the 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. That is not just for what is currently there, but what could be in the area in the future.
The subject property is located in the Central Business District of the Downtown District and it is
intended to allow for high density mixed uses and to be an entertainment area in Iowa City. The
zone is intended to provide a healthy and vibrant commercial core with a mix of uses. RSAs
were added as an allowed use in the zone in order to obtain more diverse seasonal
opportunities similar to what the City has with sidewalk cafes. Staff believes with appropriate
controls and amplified sound administered through a temporary use permit the proposed use
would be compatible with surrounding development and would be an attractive development to
the downtown environment. Walz stated that this is addressed in the Comprehensive Plan, that
this be a vibrant area. Downtown is a growing area with lots of activities and as the population
grows and the university grows, providing new and unique venues is a good thing for downtown.
Staff is recommending approval of EXC16-00002, a special exception to allow at Rooftop
Service Area in the Central Business (CB-10) zone located above 115 and 117 Iowa Avenue
subject to the following conditions:
• Substantial compliance with the site plan submitted.
• No solid roof shall be constructed over any portion of the outdoor service area.
Amplified sound is allowed by temporary use permit only.
No live music or live performance permitted.
A lighting plan must be in compliance with the Zoning Ordinance and approved by
the Building Official prior to issuance of a building permit.
Handicapped accessible routes must be maintained between the front entrance and
elevator and between the elevator and second floor restrooms.
Board of Adjustment
April 13, 2016
Page 5 of 12
Substantial compliance with the management plan, requiring no fewer than 2
employees present on the rooftop at all times, and one crowd control manager for the
entire bar/business.
• As per City Code, if nuisance or safety issues arise, the City may require
immediate changes to the management plan and/or the number of monitors to
remedy the situation and may suspend or revoke the Outdoor Service Area
permit.
• Food service must be provided during all hours of operation.
Baker noted for the audience that the Board has no preparation meetings, so this is the only
opportunity the Board has to ask questions about the report in front of them. The Board is not
allowed to talk to the public or each other regarding this application outside of this meeting.
Chrischilles asked about the railings that will be 4 feet in height, what material will they be
composed of and how are they constructed. Walz showed on the applicant's packet a rendering
of the material and fencing that will be used for the railings.
Goeb asked how the hours of the RSA are decided upon and Walz explained those are the
allowable hours for a bar under the ordinance, and the currently hours of operation for Joe's
Place. Goeb asked if Joe's Place was to change their hours of operation, would that also
change the hours of operation for the RSA. Walz said yes, if the Board does not restrict the
RSA. Dulek noted that 10 am is the earliest a RSA can be open and 2 am is the latest under
the Code.
Chrischilles asked if the RSA would be a non-smoking area. Walz confirmed it would be non-
smoking.
Chrischilles noted that on page 4 of the report, item number 2, it refers to "The portion of the
outdoor seating area located above 115 Iowa Avenue is set back approximately 30 feet from the
rear of the building. Screening is not indicated in this area, which overlooks a private alley." And
wondered why there would be no screening back there. Walz said that portion of the roof will
have railings, and a large portion of the area will be screened by the elevator structure. She
also noted there is only a small part of seating in that area, most of the roof in that area will be
preserved for the HVAC units.
Goeb questioned the sturdiness of the roof with all the extra weight. Walz explained that will the
construction of the decking on top of the roof, it is almost as if they are constructing a whole new
roof that will support the additional weight.
Chrischilles asked about the standard that states "Amplified sound may be restricted or
prohibited during public events, festivals or concerts" and who determines if it will be restricted.
Dulek said the City could restrict amplified sound during times like Jazz Fest and will be noted in
the temporary use permit. Chrischilles asked how that would be enforced. Dulek said they
temporary use permit holders would be notified when the City is restricting or prohibiting their
amplified sound.
Chrischilles noted that City Staff are the only ones that can issue the temporary use permit for
amplified sound, and questioned then if City Staff could alter the permit to allow amplified sound
past midnight, or make if end at a time earlier than midnight. Dulek said that the ordinance
approved by Council says that midnight is the latest, but a temporary permit could be issued
that states amplified sound must end prior to midnight. Chrischilles asked if the Board felt that
Board of Adjustment
April 13, 2016
Page 6 of 12
midnight was too late, do they have any authority to enforce that. Dulek said the concern can
be noted in the minutes, but cannot be part of the exception.
Goeb asked how it came about that sidewalk cafes that serve alcohol have more leniency than
what is being issued to the RSA. Walz commented that the sidewalk cafes do have restrictions
placed on them in terms of hours of operation and amplified sound, and are on an annual permit
system. Dulek noted that sidewalk cafes are on City right-of-ways and not on private property
so they are regulated through an annual easement agreement and they pay for the use of that
space. Walz noted the RSA will require the property owner to make a significant financial
investment into their property and therefore it was decided they should not be on a yearly permit
basis.
Baker asked why amplified sound is allowed but not lived music. Dulek answered that was a
decision the Council made in passing this ordinance. Baker asked about other live performance.
Dulek confirmed that the Code only says "no live music" and Walz said they added the condition
of no live performance given the scale of the RSA in this application. The Board can decide to
remove that condition.
Baker asked if they could install televisions on the RSA, and Walz confirmed they may. Baker
asked if the volume of the televisions would be a separate issue than the volume of the
amplified sound. Walz said that would be considered amplified sound. Baker asked if the
televisions would be wired into the sound system. Walz said either way it is considered
amplified sound. Dulek said the volume of the televisions will be enforced through the
temporary use permit.
Baker pointed out under the design criteria 'The RSA shall be designed in an attractive manner
that will not detract from adjacent uses, and will prevent nuisance and safety issues. The
applicant shall submit a design plan with the application for an RSA that, at a minimum,
specifies and illustrates the proposed size, dimensions, setbacks from adjacent buildings and
roof edges, occupancy load, layout, landscaping elements, access routes, elevator, and
accessible bathrooms. RSAs shall meet the following minimum standards. If a special
exception is required, the board of adjustment may impose additional or more restrictive
conditions to mitigate any anticipated externalities, including, but not limited to,
restrictions on hours of operation, lighting, size, occupancy load, and setback and
screening requirements." Baker questioned why the Board has purview to change all other
conditions except sound amplification. Dulek confirmed that the ordinance is written such that
the Board is not allowed to consider amplified sound, that the City Council wished for that to be
an administrative decision.
Chrischilles asked about the temporary use permit, and when that would be issued. Dulek said
that after the Board makes a decision, regardless of the decision, no amplified sound is allowed.
If the RSA applicant wishes to have amplified sound, they must apply for a temporary use
permit. Other examples of temporary use permits used around Iowa City are for the fall Regina
Fun Festival, or for the HyVee lawn centers. These temporary permits are for a use that is not
normally allowed in the zoning code, and the zoning code does not allow a RSA to have
amplified sound. Therefore the only way to get amplified sound is to obtain a temporary use
permit. A temporary use permit is not a special exception, a special exception is permanent
whereas a temporary use permit has a finite time limit.
Baker asked how the City will measure the grounds for revoking a temporary use permit. Dulek
noted she would find the provision in the Code and share it with the Board. Chrischilles asked
Board of Adjustment
April 13, 2016
Page 7 of 12
about the rooftop at FilmScene and Walz said that was different because it is not a drinking
establishment. It is an entertainment venue, not a restaurant or bar.
Baker noted also in the standards it notes "Amplified sound may be restricted or prohibited
during public events, festivals or concerts" and asked if the applicant is operating the sound
system at a level that was approved by the staff in the temporary use permit, why would it be
prohibited during these other events. Dulek noted they could say no amplified sound at all
during such events as Jazz Fest or Arts Fest. Baker questions then if it can't be used during
those events because it can be heard and interfere with those events, then why allow it at all.
Dulek said it will depend on the event and the RSA location as to whether it will interfere with
other events. She noted that is why they use the temporary use permit process, because of its
flexibility.
Baker opened the public hearing and asked the applicant to come forward to address and
answer questions of the Board.
Brian Flynn (Joe's Place) began by stating the difference between a drinking establishment (that
serves food) and a restaurant (that serves alcohol) is that a drinking establishment is open until
2 am. Restaurant licenses only allow them to be open until midnight.
Chrischilles asked if this particular RSA is for a drinking establishment. Walz and Flynn both
confirmed that was correct. Walz noted that is why it requires a special exception.
Goeb asked about the hours of operation. She noted a drinking establishment can be open
from the hours of 6 am to 2 am but wondered what the hours of Joe's Place are. Flynn
responded that currently they open at noon, perhaps earlier on weekends especially on football
weekends which can sometimes be as early at 8 am. Goeb asked then what the hours of the
RSA would be, it appears in the report to be from 3 pm to 2 am. Walz said that was part of the
management plan submitted by the applicant. Flynn noted there are several items in that
management plan that do not work for their business operations.
The two employees on the rooftop at all times logistically doesn't work if there isn't the business
on the rooftop to support the need for two employees up there. Goeb asked more specifically
about the hours of operation for the RSA and with respect to football game Saturdays. Flynn
noted that for special events, such as football games, they might open the RSA earlier than 3
pm. Walz confirmed that if the Board approves this application without restrictions, the applicant
can have the RSA open anytime within their normal hours of operation.
Chrischilles asked how the applicant would monitor the number of people on the rooftop. Flynn
said they use security to make sure they stay within the limits of the occupancy of the area. It
will be easily controlled since there is a single set of stairs up to the area.
Chrischilles noted that the applicant has done a good job with their proposal and planning.
However he is bothered by a couple of items. One being since this is on a roof, there is a safety
concern. The other issue is the amplified sound, however the Board has no jurisdiction on that
issue. In terms of the safety, he is concerned about the 4 foot railings and they look as if they
could easily be climbed over. Flynn noted that is the basic idea of what will be used, however
they will likely use something with more screening because the view of the HVAC systems is not
attractive. He noted that his establishment 30 Hop in Coralville has never had an issue with
someone trying to climb over the rail. Chrischilles noted the clientele is different. Walz noted
that the Board can impose conditions on the special exception to state certain materials are
used for the railings, or they must be at a certain height.
Board of Adjustment
April 13, 2016
Page 8 of 12
Chrischilles asked how far is the edge of this RSA with respect to the beer garden below (in
terms of throwing things). Walz showed the area, the RSA is directly above the beer garden.
Pat Barta (contractor) noted that with regards to the screening, the architect didn't totally
understand where the contractor wanted the perforated fence. The perforated fence is
supposed to run across the back of the RSA to screen the HVAC equipment. He also noted
there would be a masonry wall behind the bar area.
Weitzel asked if they discussed with the architects the sound ending properties of the screening
that is indicated on the drawings.
Aaron Doubet (DB Acoustics, Marion, Iowa) said the actual panel in the railing would not control
sound very well, but if there are issues an absorbent panel for sound control can be sandwiched
between the perforated panels.
Baker asked if there would be a maximum sound level set that staff could not go above. Doubet
said they would set an adaptive volume level with a maximum, he can put microphones in the
space that will measure the ambient noise of the space and that can control individual speakers.
So for example if the north end of the RSA is populated heavily the speakers in that area will
automatically be raised to a level predetermined above the ambient noise level, but other
speakers on the RSA will not change. The system is programmed so staff do not need to worry
about changes. There will be an override to turn it off, but not necessarily to turn it back on.
Doubet noted that with regards to the televisions, the sound is only controlled through the sound
system, it is not controlled at individual televisions. This will control from having a blaring
television, it is hard -wired controlled through the sound system. So the same standards and
systems that apply to the music volumes will apply to the television volumes.
Baker asked if the music upstairs would be the same music as downstairs. Doubet said it
doesn't have to be, it can be completely separate or tie in.
Doubet also explained that with the sound system they can direct sound certain ways. Where
Basta and the apartments above are, no sound will be directed towards that area, all sound will
be transferred away.
Baker asked about exit safety from the RSA and if an employee has to access the exterior
emergency exit to get people out. Barta explained that the existing outdoor patio has an 8 foot
fence that has a crash bar system for emergency exit. On the roof they will have a similar
system, there will be a gate to the exterior stairs that will have the crash bar system. Those
exterior stairs egress into the private alley. Flynn noted that staff monitors those exits to make
sure people aren't entering through those emergency exits. Baker asked about stairway widths.
Barta explained that the Code requires a minimum width for stairways depending on the
occupancy.
Weitzel asked about monitoring occupancies and the management plan, which states a
minimum of two people. Flynn responded that the number of staff on the RSA will depend on
the number of occupants. Dulek said the owner/applicant can decide what the adequate
management plan is and there is a need for reasonable flexibility. If the reasonable
expectations are not met, they may not be able to get the temporary use permit or alcohol
permit.
Board of Adjustment
April 13, 2016
Page 9 of 12
Goeb indicated the part of the staff report where it says "while staff is not aware of any proposed
heat sources being proposed at this time, heat sources would be required to meet Fire Code and
Building Code, and would be inspected" and wanted to verify that if the applicant wanted to add
propane heaters to the rooftop it would have to meet the Fire Codes. Flynn noted that at 30
Hop in Coralville they do have the propane heaters and the sprinkler system on the roof covers
that area. Walz said this language was added just for assurance that if an heat source or open
flame was added, Fire Codes would be followed, the applicant has not indicated they will use
propane heaters at this time.
Baker asked about the rooftop space and if there would be dancing space on the rooftop. Flynn
said that every year when they apply for a liquor license they need to indicate whether or not
there will be dancing at the establishment. Barta noted the floor construction would not change
if there were to be dancing, the proposed design could handle that activity.
Baker closed the public hearing.
Dulek replied to the earlier question of revocation and enforcement of the temporary use permit.
The outdoor service area, the permission to sell and consume alcohol outside, is completely
within Council discretion and if there is a violation or Council has issues with it, Staff can
recommend to Council it should be suspended or terminated, and the appeal goes through
Council. With the temporary use permit, if Staff feels the permitee is in violation of the terms,
Staff will say it should be suspended or revoked, and the appeal of that decision comes to the
Board of Adjustment.
The Board and Staff discussed the amplified noise with no live music versus live performance
issues and also the levels of decibel noise and how it will be regulated by the temporary use
permit.
Goeb moved for the approval of EXC16-00002, a special exception to allow at Rooftop
Service Area in the Central Business (CB-10) zone located above 115 and 117 Iowa
Avenue subject to the following conditions:
• Substantial compliance with the site plan submitted.
• No solid roof shall be constructed over any portion of the outdoor service area.
Amplified sound is allowed by temporary use permit only.
No live music or live performance permitted.
A lighting plan must be in compliance with the Zoning Ordinance and approved
by the Building Official prior to issuance of a building permit.
Handicapped accessible routes must be maintained between the front entrance
and elevator and between the elevator and second floor restrooms.
Substantial compliance with the management plan, requiring no fewer than 2
employees present on the rooftop at all times, and one crowd control manager
for the entire bar/business.
As per City Code, if nuisance or safety issues arise, the City may
require immediate changes to the management plan and/or the number
of monitors to remedy the situation and may suspend or revoke the
Outdoor Service Area permit.
Food service must be provided during all hours of operation.
Weitzel seconded the motion.
Board of Adjustment
April 13, 2016
Page 10 of 12
Chrischilles moved to amend the motion with an additional condition that the site plan include
the perforated metal screening is used in all areas where there is screening to be located, and
should be at least 5 feet in height above the floor.
Goeb seconded the amendment
Baker and Weitzel both understand the concern, but are not compelled to add in that condition
Weitzel noted it is an unnecessary expense and there has been no proof of a problem.
Chrischilles noted that the contractor said it would actually be cheaper since it would be
uniformity of product. Chrischilles said he does not want the railing concept shown on the
architect's site plan to be used, he feels it will open up problems of climbing over.
Weitzel also noted the Code already indicates what the minimum screening and railing is
necessary for safety and asking for the 5 feet is above the requirement.
Goeb noted that not only for safety, but for aesthetic reasons it will look better to have a consist
product around the whole rooftop.
Baker noted that once the Board opens up adding a foot to the minimum standard that then
opens up the conversation as to why not add two, and so forth. The safety standards are in
place already for a reason.
Since the amendment did not receive the support of three members of the Board, it will not be
added to the motion.
Baker called the question and asked for a finding of facts
Weitzel stated regarding agenda item EXC16-00002 he concurs with the findings set forth in the
Staff Report of April 13, 2016 and conclude the general and specific criteria are satisfied unless
amended or opposed by another Board member he recommends that the Board adopt the
findings in the Staff Report as our findings with acceptance of this proposal.
Weitzel specifically noted in the Staff report it was compelling that the specific standards
addressed everything that was required by code and other uses in the area will be preserved.
Baker noted that the inability of the Board to consider sound mitigation or amplification issues is
an issue that needs to be reconsidered. The findings of the Staff, based on the limitations the
Board have, he does concur.
Chrischilles stated he opposed based on the findings in the Staff Report because he feels they
could do a better job with regards to the safety of the project.
Goeb seconded the findings of fact.
A vote was taken and the motion passed 3-1 (Chrischilles dissenting).
Baker stated the motion declared approved, any person who wishes to appeal this decision to a
court of record may do so within 30 days after this decision is filed with the City Clerk's Office.
Board of Adjustment
April 13, 2016
Page 11 of 12
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Walz noted that the Board had drafted a letter to the City Council in January regarding rental
properties located in the flood plain and Staff has proposed a remedy for that in which Staff has
mapped out all the rental properties in the flood plain and that map will be attached to the rental
disclosure form so people can see whether the property they are renting is in a flood plain.
Baker stated with regards to the Board not being able to discuss or weigh in on the issue of
sound amplification he would like a rationale as to why.
Goeb also asked for a clarification on the live music issue.
ADJOURNMENT:
Weitzel moved to adjourn.
A vote was taken and the motion passed 4-0.
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