HomeMy WebLinkAbout06-14-2017 Board of Adjustmentiel-WROKS,�
CITY OF IOWA CITY
IOWA CITY BOARD OF ADJUSTMENT
June 14, 2017
5: 15 P.M.
Emma Harvat Hall
A11111'E+1;K01 V
Department of Neighborhood & Development Services
Wednesday, June 14, 2017 — 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
t ►RG
C. Consider the May 10, 2017 minutes
D. Special Exception Item
EXC17-00004: Discussion of an application submitted Mukunda Kantameni to amend
the conditions of a previously approved special exception to allow removal of a
barrier/gate located in the Community Commercial (CC-2) zone at 1410 Waterfront
Drive.
E. Board of Adjustment Information
F. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING:
Wednesday, July 12, 2017
If you will need disability -related accommodations in order to participate in this meeting,
please contact Sarah Walz, Urban Planning at 319-356-5239 or at Sarah-walz@iowa-
city.org. Early requests are strongly encouraged to allow sufficient time to meet your
access needs.
Fir_\��i=1Z�I
To: Board of Adjustment
Item: EXC17-00004
GENERAL INFORMATION:
Prepared by: Sarah Walz
Date: June 14, 2017
Applicant: Mukundu Kantamneni
1950 Brown Deer Trail
Coralville, IA 52241
319-339-7850
Requested Action: To amend a previously approved special exception.
Purpose: To remove a condition requiring barrier to access
on Waterfront Drive
Location: 1410 Waterfront Drive
Size: 26,374 Square Feet
Existing Land Use and Zoning: Community Commercial (CC-2); Vehicle Repair
Surrounding Land Use and Zoning: North: Highway 6
South: Intensive Commercial (CIA)
East: CC-2; Retail Shopping Center
West: CC-2; Retail Shopping Center
File Date: May 11, 2017
BACKGROUND: In 1997, the property at 1410 Waterfront Drive was granted a special
exception (EXC97-00003) to allow a vehicle repair use. At the time of the special exception, the
City was also in the process of vacating a portion of Waterfront Drive right-of-way as part of an
effort to assemble land for a trunk sewer line that connects to south Iowa City. The vacation
separated the east -west leg of Waterfront Drive from the north -south leg, which runs parallel to
the railroad tracks.
The Waterfront Drive intersection with Gilbert Street (between lots 1404 and 1406 in aerial
photo A) was located close to the high -volume intersection of Highway 6 and Gilbert Street and
was poorly aligned with the opposing driveway for Hills Bank (on the west wide of Gilbert St.).
These factors contributed to a high collision rate. For this reason, a condition of the original
special exception required a six inch (6") curb to be established along a designated portion of
the property at 1410 Waterfront Drive in order to reduce the amount of cut -through traffic
between Waterfront Drive and Gilbert Street. The following year, the applicant received an
amendment to the original special exception, which removed the requirement for a 6-inch curb
and instead required the applicant to install "a physical traffic barrier [gate] ... to prevent the
property from becoming an access between the two portions of Waterfront Drive (EXC98-00029).
19
Aerial photo A:
Shows the commercial area
prior to the vacation of the
east -west leg of Waterfront
drive and re -subdivision. Note
location of the gate at 1410
shown in the yellow rectangle.
In 2016, the commercial area was re -subdivided to allow for redevelopment (this is the area
where the New Natural Grocers and Carols O'Kelly's are located). The City vacated the
remaining east -west leg of Waterfront Drive. The developer was required to reconfigure access
from the east side of Gilbert Street to better align with the opposing driveway at Hills Bank on
the west side of Gilbert Street (see Aerial photo B). The re -aligned access drive, which includes
a public access easement, is designed to provide safe access across the site to neighboring
commercial properties, including those to the south and west. Because the gate no longer
serves its intended purpose to block access to Waterfront Drive, the applicant is requesting that
the 1998 special exception be amended to remove the requirement for the gate.
�I
I
Laame
Aerial photo B:
Shows the commercial area
during redevelopment with the
elimination of the east -west leg
of Waterfront Drive and the
new access drive that aligns
with the entrance to Hills Bank
on the west side of Gilbert St.
Note location of the gate at
1410 shown in the yellow
rectangle,
q
ANALYSIS: As noted above, the purpose of the gate was to reduce cut -through traffic from
adjacent commercial development from using an access point with a high collision rate. With the
2016 vacation of the east -west leg of Waterfront Drive and redevelopment of the larder property,
the gate no longer serves its intended function —it is obsolete. Further, the new development has
located and designed an access point that aligns with the Hills Bank driveway on the west side of
Gilbert Street. The private drive provides safe access to and from the busy Gilbert Street corridor
and enables traffic to flow between commercial properties, including those to the east and south
of the new commercial development. For this reason, staff believes the special exception should
be amended to remove this requirement for a traffic barrier.
A memo from the City Attorney along with the documents related to the vacation of Waterfront
Drive and the 1998 special exception for the vehicle repair are attached for reference. As noted in
the memo, if the Board approves this amendment, staff will present a resolution to the City
Council approving the termination of the 1999 agreement to install the traffic barrier.
STAFF RECOMMENDATION: Staff recommends an amendment to the decision regarding
EXC98-00029 to remove a condition requiring "a physical traffic barrier . .. to prevent the
property from becoming an access between the two portions of Waterfront Drive."
ATTACHMENTS:
1. Location map
2. Memo from the City Attorney with supporting documentation
3. Application materials
Approved by: f ,/4 X
John Yapp, Coordinator,
Department of Neighborhood and Development Services
CITY OF IOWA C1
�• r�rytynvA; .- e
An application submitted by Mlukunda Kantamneni
a revoke a special exception granted to ATI properties
11999, which is now outdated, as the City has vacated
north end of Waterfront Drive and the property merged
r
CITY OF I O W A CITY
..;...._ '� MEMORANDUM
DATE: 6/5/2017
TO: BOARD OF ADJUSTMENT
FROM: SUSAN DULEK, ASSISTANT CITY ATTORN
RE: EXC17-0004 / 1410 WATERFRONT DRIVE
Introduction
On the agenda for the June 14 meeting is an application by Makunda Kantamneni to amend a special
exception granted in the late 1990's. This memo supplements the staff report by providing additional
historical detail.
Discussion
1998 Vacation,
In Ordinance No. 98-3824, the City vacated a portion of Waterfront Drive directly to the
south of 1410 Waterfront Drive. This was due to the City needing to acquire land for the Wastewater
Treatment Connection Project. In lieu of condemnation, the City agreed to vacate the mid -portion of
Waterfront Drive and convey it to adjacent property owners, and the owners in turn granted the City a
permanent sanitary sewer easement.
EXC97-0003. During the time the City was finalizing the vacation of Waterfront Drive, Boyrum
Properties, the owner of 1410 Waterfront Drive, applied for a special exception for a proposed muffler
and brake shop. The proposed business was Car-X Muffler & Brake (Car-X). Attached is the decision
from the BOA meeting on March 12, 1997. In Item No. 2, the Board approved EXC97-0003 to permit
an auto and truck orientated use subject to four conditions. It is the fourth condition that is at issue in
the pending special exception, namely "a six inch (6") curb being incorporated into the paved area at
the southern end of the site to prevent vehicular access from this site to any properties to the south."
This condition was to prevent excessive cut -through traffic on Waterfront Drive, and to minimize the
amount of traffic using the Waterfront Drive / Gilbert Street intersection, which at the time had a high
collission rate.
EXC98-0029. After the 1997 special exception, Auto Tech Iowa L.C. purchased 1410 Waterfront
Drive. The owner of Auto Tech Iowa L.C. was Makunda Kantamneni, who established the Car-X
business. Mr. Kanamneni requested an amendment to the curb condition of the 1997 special
exception. Attached is the decision from the BOA meeting on January 13, 1999. In Item No. 2, the
Board approved EXC98-0029 to "delete condition #4 of EXC97-0003 ... and replace it with ... 'A
physical traffic barrier ... to prevent the property from becoming an access between the two portions of
Waterfront Drive....'"
1999 Agreement. Attached is an agreement from 1999 between the City and ATI Properties, L.L.C.,
(f/k/a Auto Tech Iowa L.G.) which fulfilled the Board's decision in EXC98-0029 to allow a traffic barrier
other than a six-inch curb. Attached as Exhibit A to the Agreement is a site plan that depicts the
location of the traffic barrier.
2016 Vacation/Resubdivision. 1410 Waterfront Drive was initially platted in Southgate Addition, Part 1.
On June 6, 2016, the City Council in Resolution No. 16-187 approved a resubdivision of a portion of
Southgate Addition Part 1, including Lot 3 containing Car-X. As part of the resubdivision, City Council
in Ordinance No. 16-4664 vacated the remaining east -west leg of Waterfront Drive that intersects with
S. Gilbert St. and conveyed it to an adjacent property owners.
The City vacated Waterfront Drive for safety reasons. With the redevelopment of the surrounding
property (Natural Grocers and Carlos O'Kelleys) the City had the opportunity to vacate and close this
segment of Waterfront Drive. Because the Hills Bank entrance/exit onto S. Gilbert Street was offset
from the Waterfront Drive/S. Gilbert Street intersection, this area had been the scene of many
collissions. As part of replatting, property owners granted a public access easement on the area south
of the vacated Waterfront Drive. Because the Hills Bank entrance/exit now aligns with the access
easement onto S. Gilbert St., this provides a safer path for vehicular traffic.
EXC17-0004. Mr. Kantamneni, on behalf of ATI Properties, L.L.C., has filed an application to "revoke°
the earlier special exception. However, in an email exchange with John Yapp, the City's Development
Services Coordinator, Mr. Kantamneni clarified that he is requesting that the Special Exception be
amended (rather than revoked) to delete the requirement of the traffic barrier. The email exchange Is
attached.
Issue
The issue before the Board is whether to amend EXC97-0003 and EXC98-0029 to delete the traffic
barrier condition. If the Board amends the special exceptions, staff will present a resolution to City
Council approving the termination of the 1999 Agreement.
Attachments
Copy to:
Sarah Walz-w/att.
Mukunda Kantamneni-w/att.
rt�
Prepared by: Melody Rockwell, Associate Planner
DECISIONS
_ J
CD
„
410 E. Washington, Iowa City, IA 52240; 31918131525LJ
VE .
Gn
J
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, MARCH 12, 1997 - 4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS 017208
7208
MEMBERS PRESENT: Susan Bender, Lowell Brandt, Kate Corcoran, P4t(k:J#, E:Ckhardt,_.___.__
William Haigh iilC
MEMBERS ABSENT: None IS97111AR 26 A','§ 8:
STAFF PRESENT: Sarah E. Holecek, Scott Kugler, Melody Rockwell, Trq.towrdj:� :i',?
OTHERS PRESENT: Kevin Kidwell, John Cruise, Greg Apel
SPECIAL EXCEPTION ITEMS:
EXC96-0023. Public hearing on a request submitted by Kevin Kidwell and John Cress
for a 60 day extension of a September 11, 1996, Board of Adjustment decision to
permit a filling station and one -bay car wash and for an amendment to the decision to
allow the car wash to be relocated on the site for property located in the Neighborhood
Commercial ICN-1) zone at 370 Scott Court.
Findings of Fact: The Board finds that there has been no change in the surrounding
neighborhood or in code requirements such that it would alter the Board's previous
findings in granting approval for the four gas pump islands and one -bay car wash. The
relocation of the one -bay car wash will visibly improve the site and make it more
compatible with its residential neighbors. By consolidating the buildings on the site
and eliminating the east portion of the east drive, the site will have more green space
and less paving. Placing the car wash building adjacent to the east wall of the
convenience store and incorporating windows into the east wall of the car wash will
create a more interesting and residentially compatible east facade facing Scott
Boulevard.
Conclusions of Law: The Board concludes in accordance with City Code subsection
14-46-5E, that the applicants have shown good cause for the extension, and it is
prudent and reasonable for the Board to grant the 60-day extension. The Board also
concludes that the relocation of the car wash results in an improved site plan; that the
specific standards for establishing a filling station/car wash in the CN-1 zone, as set
forth in City Code subsection 14-6E-2D3, continue to be satisfied. The Board further
concludes that with the conditions of approval, the applicants continue to meet the
general standards for granting a special exception, as set forth in City Code subsection
14-4B-4B.
a 2243 ?AQ 85
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, MARCH 12, 1997 �t - -:i;;
PAGE 2 > a f
Disposition: On a vote of 5-0, the Board approved a 60-day extensio%tip MEW 3
1997, of EXC96-0023. a September 11, 1996, decision of the Board ju! (merft
approving, with conditions, a special exception to permit four gas purrillEislands and
a one -bay car wash, and approved an amendment to the prior decision td'allow a car
wash to be located adjacent to the east wall of the convenience store, subject to the
applicants additionally 1) installing windows on the east wall of the car wash, 2)
lengthening and fully landscaping the planting area located on the west side of the
carwash entry drive to demarcate a separation between the car wash drive and other
convenience store traffic, 3) minimizing paved areas and maximizing planted areas
equal to or above what is shown on the site plan date -stamped March 6, 1997, and
4) if a sidewalk is installed along the north boundary of the property, providing a
minimum, five-foot wide planting area between the sidewalk and the paved car wash
stacking spaces. The conditions of the prior decision, as well as the above conditions,
must be satisfied by the applicants.
2. EXC97-0003. Public hearing on an application submitted by Boyrum Partners for a
special exception to permit an auto and truck oriented use on property located in the
Community Commercial (CC-2) zone at 1410 Waterfront Drive.
Findings of Fact. The Board finds that the proposed muffler and brake shop will
provide a good commercial use for an irregularly shaped, commercially zoned property
that has been vacant for a number of years. The building design will add to the
upgrading of commercial property in the area. The conditions of approval are needed
to ensure screening of an intensive commercial use from a major entryway and to
alleviate concerns about traffic congestion and cut -through traffic.
Conclusions of Law. The Board concludes that with the applicant's willingness to
accept the conditions of approval, the establishment of the proposed auto and truck
oriented use in the Community Commercial (CC-2) zone, as permitted under City Code
subsection 14-6E-5D1, satisfies the intent of the Zoning Chapter and meets the
specific requirements for such a use. The Board also concludes that the applicant
meets the general standards for granting a special exception, as set forth in City Code
subsection 14-4B-4B.
Disposition: On a vote of 5-0, the Board approved EXC97-0003a special exception
to permit an auto and truck oriented use, that is, an eight -bay muffler and brake shop,
in the CC-2 zone at 1410 Waterfront Drive, subject to 1) the outer walls of the
structure being constructed predominantly of brick, 2) evergreen shrubs, spaced no
more than four feet apart on -center, being planted to screen the parking area at the
north end of the site, 3) no vehicular access being provided between the north and
south portions of Waterfront Drive, and 4) a six inch (6") curb being incorporated into
the paved area at the southern end of the site to prevent vehicular access from this
site to any properties to the south.
3. EXC97-0004. Public hearing on an application submitted by Gerry Ambrose and Greg
Apel for a special exception to permit an auto and truck oriented use on property
located in the Community Commercial (CC-2) zone in Wardway Plaza at the southwest
corner of Highway 1 and Riverside Drive.
v-,- 2243 PAcf %
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, MARCH 12, 1997
PAGE 3
Findings of Fact. The Board finds that the proposed used car business is appropriate
for the site. The business will make use of existing, vacant commercial facilities, no
paving will be added and the traffic associated with the proposed business should be
minimal. Negative impacts on surrounding properties are not anticipated. The
business may help to contribute to revitalization of this commercial area.
Conclusions of Law. The Board concludes that the proposed auto and truck use;
namely, a used car sales lot as permitted under City Code subsection 14-6E-5D1, is
appropriate for the Wardway Plaza site. The Board further concludes that the applicant
meets the general standards for granting a special exception, as set forth in City Code
subsection 14-413-4B.
Disposition: On a vote of 5-0, the Board approved EXC97-0004, a special exception
to allow an auto and truck oriented use, more specifically a used car sales lot with 500
square feet of office space, to be established on property located in the CC-2 zone in
Wardway Plaza at the southwest corner of Highway 1 and Riverside Drive.
TIME LIMITATIONS:
All orders of the Board, which do not set a 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 order of decision. City Code Section 14-4B-5E, City
of Iowa
'� City, Iowa.
Patricia Eckhardt, Chairperson
A b
.c
City torne ffice
3-21-97
STATE OF IOWA I
JOHNSON COUNTY
I, Marian K. 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 12th day of March,
1997, as the same appears of record in my Office.
Dated at Iowa City, Iowa, thi{ J I.J/% 1997.
.,—., az� CORPORATE S'L
cs T Wd q2 W 7�
x:. nanCity Clerk
ppdedmiftoa3-12.de
VA.2243 MIA 87
Page 1 of 2 Yee,
/toy
RysN by John YOM Aqua F1~, City of loon C VAW E Wutdr, o Wm Clly, 1A6224o; 31e1868a247
DECISIONS
IOWA CITY BOARD OF ADJUSTMENT MEETING
WEDNESDAY, JANUARY 13, 1999
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESIINT: Susan Bender, (Late Corcoran and Mike Paul
MEMBERS ABSENT: Lowell Brandt, T.J. Brandt
STAFF PRESENT: Ann Schulte, Dennis Mitchell, John Yapp
OTHERS PRESENT: Mark Donnelly, John Rummethart, Sanjay Jant
SPECIAL X PTION ITEMS;
DOD D N0. PAtaE w
99FED 17 Pn 2: 11
dDlffrPl
¢{@Jpt Y RECORDER
—p tOR'
IT%IOWA
i1
.e
Y
cn
1. EXCBB-0028, public hearing on an application submitted by Mark and Tamis Donnelly
for a special exception to permit a front yard modification for property located in the
Medium Density, Single -Family Residential III") zone at 619 North Governor Street.
Findings of Fact: The Board finds that the house at 019 North Governor Street
currently site approximately six feet from the Govarror Street right-of-way to the east,
and three test from akey dgMwf-way to the south. The applicant's proposal to move
the house three feet to the forth, in conjunction with the reconstruction of the house' a
foundation and other Improvements to the structure, wgi move the house outside of
the required five-foot side yard setback. The Board finds thatthere would be practical
difficulty with moving the house 14 feet to the west to meet the modem 20-foot front
yard setback requirement. The proposed placement of the house and porch will not
Inhibit visibility along 66verrwr Street, the alley to the south, or any sklowalks or
driveways. The Board finds that the site end configuration of an attached garage
proposed by the spjdicant Is only possible with the from yard reduction. Therefore the
Board finds that It is appropriate to require that the exterior appearance of the attached
garage be compatible with the Northside and Goosetown Neighborhoods, to be
approved by the Department of Planning and Community Development prior to a
building permit being Issued for It. With the condition requiring staff approval of the
exterior appearance of the attached garage, the Board finds that the interest of Justice
Would be served by allowing this structure at 619 North Governor Street to remain
within 6 feet of the Governor Street right-of-way.
Conclusions of Law: The Board concludes that the applicant meets the specific
requirements for allowing an exception to an established setback, as set forth in City
Code Subsection 14.8G4B, and the general standards for granting a special exception,
as set forth in City Code Subsection 14-48.4B.
Dilutgajtia0: By a vote of 3-0, the bard approved EXC99.0028, a special exception to
permit a front yard reduction of 14 feet along the 32-fact wWth of the proposed house
and porch for property In the Medium Density, Single -Family Residential IRS-81 zone at
619 North Governor Street, subject to Department of Planning and Community
11t I
Book: 2679 Page: 106 Seq: 1
Page 2 of 2
Development approval of the exterior appearance of the attached garage being
compatible with the Nortlaide and 0oosatown Neighbors pdar to a building permit
being issued for the garage.
2. EXC95-0029. Public hearing on a request submitted by MuKunda Kardamneni and
Auto Tech Iowa L.C./Cw-X to amend a March 12, 1997 special exception IEXC97-
0003) to revise the condition requiring that a six inch curb be located at the southern
and of the site for property in the Community Commercial JOC-21 zone at 1410
Waterfront Drive.
Findings of Fact: The Board finds thin the CC-2 zone Is Intended to provide for major
business districts which generate largo amounts of traffic, and that the proposed
muffler shop is compatible with the outomobil"riemed stopping district south of
Highway 6 and seat of t3ilbest Strew. Requiring a physical traffic barrier instead of a
six inch curb allows the property owner some flexibility in how to keep the traffic from
becoming a cut -through route between the north and south portions of Waterfront
Drive. The proposal. by the applicant to use a gate and speed bump Is a reasonable
alternative to a curb. The Board finis that Allowing the property to be accessed from
two directions Instead of just one will disperse traffic traveling to the site, which is
beneficial to traffic circulation In the area. The legal agreement Proposed by the
applicant specifies that the traffic border will only allow the business employees to
move vehicles across the barrier in the normal course of business operations, In the
event the property does become a cut -through route for traffic, the City may notify the
property owner of the violation and give the property owner time to rectify the
situation. If the property continues to provide some between the two portions of
Waterfront Drive for through traffic, the City may erect a bander along the south
boundary of the property to prohibit traffic from entering or exalting the property from
the south.
Conclusions of low: The eoerd concludes that the proposed auto and truck -oriented
use, a muffer shop, continues to be an appropriate use In the CC-2 zone at this
location, and continues to meet the general standards for a special excWion, as set
forth in City Cote gubsectiOn 14.49-48. The Board further concludes that it is
reasonable to delete the condition that required a six-inch curb at the south end of the
property at 1410 Waterfront Drive, and to replace it with a condition that a physical
traffic barrier is required to prevent the property from becoming an access between the
two portions of Waterfront Drive.
Disposition; By a vote of 3-0, the Board approved cma-0026, a special exception to
delete condition #4 of E907-0003, a special exception to permit an auto and truck
and oriented use for -property located in the Community Connmarcial zone at 1410
Waterfront Drive, and replace it with the following: -A physical traffic bender is
required to prevent the property from becoming an access between the two portions
of Waterfront Drive, subject to staff approves of associated legal papers' that are tied
to the special exception request.
o -n
—u
-YI' T nee
000107.E a
Y en
Book: 2679 Page: 106 Seq: 2
AGREEMENT
This agreement is made and entered into by and between ATI -Properties, L.LC. (hereinafter
'ATI") and the City of Iowa City, Iowa (hereinafter "City') dated this 30ttrday of4enusty, 1999.
March
WITNESSETH
WHEREAS, ATI is the assignee from Auto Tech Iowa, L.G. of the purchase agreement and is
the intended purchaser of the real estate designated as Auditor's Parcel 98-030 (hereinafter
"Property'); and
WHEREAS, Auto Tech Ionia, L.C. has requested that the Board of Adjustment of the City of
Iowa City amend a special exception granted on March 12, 1997 concerning said Property; and
WHEREAS, the Board of Adjustment granted ATI's request on January 13, 1999, subject to AT]
and City entering into a legal agreement on terms acceptable to the City which requires ATI to
install, repair, maintain and operate a suitable traffic barrier to inhibit traffic from using said.
Property as a through way from the location where Waterfront Drive accesses the southern
portion of the Property to the location where Waterfront Drive accesses the northern portion of
the Property; and
WHEREAS, ATI and the City of Iowa City wish to set forth this agreement in writing.
NOW, THEREFORE, In consideration of the mutual covenants and conditions contained herein,
the parties agree as follows:
1. Installation of Traffic Barrier. As a condition to the special exception granted by the Iowa
City Board of Adjustment on January 13, 1999, All agrees to Install and maintain a traffic
barrier across the Property from the southwest comer of the proposed building to the west
boundary line as depicted on Exhibit A attached hereto. The traffic barrier shall consist of
one of the following:
a) a six-inch concrete curb;
b) a six-inch concrete or asphalt speed bump in connection with a gate extending
across the length of the speed bump; or
c) a combination of a) and b).
AT! shall be responsible for installing, repairing, and maintaining the curb, speed bump
and/or gate.
2. Ooeration of Traffic Barrier. ATI shall operate and maintain the traffic barrier in such a
manner as to prohibit vehicles from traversing the Property (i.e., use the Property as a
through way) from the locaton where Waterfront Drive accesses the south portion of the
Properly to the location where Waterfront Drive accesses the north portion of the Property,
subject to ATI's right to move customer vehicles across the traffic barrier in the normal
course of Us business operations. It shall be deemed a violation of this agreement if
vehicles, other than ATI moving customer vehicles across the traffic barrier in the normal
course of its business operation, use the Properly as a through way as described in this
paragraph.
3. MA Enforceability of ATI's Obliga hn. The City shall have the right to enforce the
obligations of ATI pursuant to this agreement without the necessity of court action in the
event that ATI fails to install, repair, maintain or operate the traffic barrier in accordance with
the terms of this agreement. In the event of such failure by ATI, the City shall notify ATI in
writing of the violation and provide ATI with a fourteen (14) day period to cure such violation.
If ATI fails to cure said violation within the fourteen (14) day period or subsequently violates
the terms of this agreement again within six (6) months of written notification of the initial
violation, the City shall have the right, at Its option, to erect a traffic barrier at the point where
Waterfront Drive accesses the southern portion of the Property. ATI shall be responsible for
the costs of any traffic barrier Installed by City pursuant to this paragraph.
4. Successors and Assigns. This agreement shall be binding upon the parties' respective
successors and assigns, and shall be recorded with the special exception granted by the
Board of Adjustment on January 13,1999 and run with the Property.
5. Governing Law. This agreement shall be construed and enforced in accordance with and
governed by the laws of and in the Courts of the State of Iowa.
IN WITNESS WHEREOF, the parties have executed this agreement as of the date above
written.
6 _•_ OF •
WA CITY
I A�:a a
014-r�'
,`
STATE OF IOWA I
)as:
JOHNSON COUNTY I
9
On this 10th day of March 1998, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Nukunda Keniamneni to me
personally known, who, being by me duly swom, did say that that person is President
of said ATI Properties, L.L.C. and that the instrument was signed on behalf of ATI
Properties, L.L.C. by authority of its managers and the said Nukunda Kantamneni
acknowledged the execution of the instrument to be the voluntary act and deed of the ATI
Properties, L.L.C., by it voluntarily executed.
NOTARIAL SEAL
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this Zte r`day of abt�vve nama3 cou,1999_, before me, the undersigned, a Notary
Public in and for the nty and state, personally appeared Ernest W. Lehman
and Marian K. Karr, to me personally known, who being by me duly swum, did say that they are
the Mayor and City Clark, respectively, of said municipal corporation executing the within and
foregoing Instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of City
Council of said municipal corporation; and that the said Emest W. Lehman and Marian K. Karr
acknowledged the execution of said instrument to be the voluntary act and deed and said
municipal corporation, by it and by them voluntarily executed.
dsnr49%n p d=
Notary Public In and for the State of Iowa
NOTARIAL SEAL
t1j
7
01F!l L.I;i1p96
M
BAD RR t OR
G ATF.
t
Q
Y
�6
Sue Dulek
From:
Sarah Walz
Sent:
Tuesday, May 23, 2017 2:51 PM
To:
Sue Dulek
Subject:
FW: Special Exception
From: Mukunda Kantamneni [mai]to:mukunda@iccar-x.com]
Sent: Tuesday, May 23, 2017 2:50 PM
To: John Yapp
Cc: Sarah Walz
Subject: RE: Special Exception
Good afternoon John. You are right; we want to remove the curb and the gate. In fact, Equity
Ventures already removed the curb (towards Carlos O'Kellys property), and we want to remove the
electric gate as it serves no purpose in light of the new subdivision layout.
I did not quite follow the highlighted, but I am assuming we are accomplishing what we needed
here. Please let me know if you require any additional information.
Thank you.
P.S: I will be out of town starting May 25 through June 04, FYI (will have access to e-mail)
From: John Yapp [mailto:John-Yapp@iowa-city.org)
Sent: Tuesday, May 23, 2017 10:55 AM
To:'Mukunda Kantamneni' <mukunda@iccar-x.com>
Cc: Sarah Walz <Sarah-Walz@iowa-city.org>
Subject: Special Exception
Mukunda — We wanted to confirm something about your application. You are just asking for the requirement for the
gate and curb be eliminated, correct?
We do not recommend revoking the entire special exception as it is what allowed the vehicle repair use.
Let me know if this makes sense,
John Yapp
Development Services Coordinator I City of Iowa City, IA
319.356.5252 1 john-vapp@iowa-citv.org
CKC1-7-oaao y
APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE: 5/9117
PROPERTY PARCEL NO. 1015392001
PROPERTY ADDRESS: 1410 Waterfront Drive, Iowa City, IA 52240
PROPERTY ZONE: CC2
PROPERTY LOT SIZE: 26,374 sf
APPLICANT: Name: Mukunda Kantamneni
Address: 1950 Brown Deer Trail, Coralville, IA 52241
Phone: (319)339-7850
CONTACT PERSON: Name: _
(if other than applicant)
Address:
Phone:
PROPERTY OWNER: Name: ATI Properties, LLC
(if other than applicant)
Address: 1950 Brown Deer Trail, Coralville, IA 52241
Phone: (319)339-7850
Specific Requested Special Exception; please list the description and section n►ffiber in
the zoning code that addresses the specific special exception you are sgeklnlplf you
cannot find this Information or do not know which section of the code tolojo it leaseii
contact Sarah Walz at 355-5239 or e-mail saran-walkgows-clty.otly.
Request to R"oke the spedel eveptbn (E#dbk A} granted to AT] Propaj
Purpose for special exception:
This ape" exempllon is outdated now as the City vxated north and of Waterhnnt or and the property merged vdth
Date of previous application or appeal filed, if any: N/A
-3-
D. General Approval Criteria: In addition to the specific approval criteria addressed in
"C", the Board must also find that the requested special exception meets the
following general approval criteria or that the following criteria do not apply. In
the space provided below, or on an attached sheet, provide specific information,
not just opinions, that demonstrate that the specific requested special exception
meets the general approval criteria listed below or that the approval criteria are
not relevant In your particular case.
1. The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or general welfare.
Property can no longer be used as a through way as northern portion of
the waterfront drive is vacated by the city now.
2. The specific proposed exception will not be injurious to the use and
enjoyment of other property In the Immediate vicinity and will not
substantially diminish and impair property values In the neighborhood.
Revoking the special exception will not be injurious to other properly. The
neighboring property has been redeveloped.
3. Establishment of the specific proposed exception will not Impede the normal
and orderly development and Improvement of the surrounding property for
uses permitted in the district In which such property Is located,
The proposed exception will only enhances the user friendliness of the new
development if any.
M
4. Adequate utilities, access roads, drainage and/or necessa sc
been or are being provided. ry faitiess hav
C
- CO
N/A „ r
-4-
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
N/A
6. Except for the specific regulations and standards applicable to the special
exception being considered, the specific proposed exception in all other
respects conforms to the applicable regulations or standards of the zone in
which it is to be located. [Depending on the type of special exception
requested, certain specific conditions may need to be met. The applicant
will demonstrate compliance with the specific conditions required for a
particular use as provided in the City Code section 14-4B as well as
requirements listed in the bass zone or applicable overlay zone and
applicable site development standards (14-5A through K) j
7. The proposed use will be consistent with the Comprehensive Plan of the
City.
Yes
r•-�
r.a
y
NOTE: Conditions. In permitting a special exception, the Board may Impose appropriate
conditions and safeguards, including but not limited to planting screens, fencing,
construction commencement and completion deadlines, lighting, operational controls,
Improved traffic circulation requirements, highway access restrictions, Increased minimum
yard requirements, parking requirements, limitations on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the circumstances
upon a finding that the conditions are necessary to fulfill the purpose and intent of the
Zoning Chapter. (Section 14-8C-2C-4, City Code).
Orders. Unless otherwise determined by the Board, all orders of the Board shall
expire sbt (6) months from the date the written decision is filed with the City Clerk,
unless the applicant shall have taken action within the six (6) month period to
establish the use or construct the building permitted under the terms of the
Board's decision, such as by obtaining a building permit and proceeding to
completion in accordance with the terms of the permit. Upon written request, and
for good cause shown, the Board may extend the expiration date of any order
without further public hearing on the merits of the original appeal or application.
(Section 14-8C-1E, City Code).
Petition for writ of certiorari. Any person or persons, Jointly or severally, aggrieved
by any decision of the Board under the provisions of the Zoning Chapter, or any
taxpayer or any officer, department or board of the City may present to a court of
record a petition for writ of certiorari duly verified, setting forth that such decision
is illegal, In whole or in part, and specifying the grounds of the illegality. (Section
14-8C-1F, City Code). Such petition shall be presented to the court within thirty (30)
days after the filing of the decision In the office of the City Clerk
Date: May 1
2oa
Date:
DptladmidaWi r�boase.doc
20
ATI Properies, LLC
Xignature(s) of Applicants)
Signatures) of Property Owner(s)
If Different than Applicant(s)
N
c<'a
CJ
.y
W.7- 12 '-q3q . 5*e ziJ333TV50
t:. a+�
L�*+fi31`(- A-t
FLtkJ_:f 4Y412 it
This agreement Is made and entered Into by and between ATI Properties, L.L.C. (hereinafter
"ATI") and the City of Iowa City, Iowa (hereinafter 'City") dated this 30chday of-clsrttfary, 1990.
March
WITNESSETH
WHEREAS, ATI is the assigrift from Auto Tech Iowa. L.C. of the purchase agreement and Is
the Intended purchaser of the real estate designated as Auditor's Parcel 98430 (hereinafter
"Property'); and
WHEREAS, Auto Tech Iowa, L.C. has requested that the Board of Adjustment of this City of
Iowa City amend a special exception granted on March 12,1097 concerning said Property; and
WHEREAS, the Board of Adjustment granted ATI's request on January 13, 1999, subjact to ATI
and City entering Into a legal agreement on terms acceptable to the City which requires ATI to
instsdi. repair, maintain and operate a suitable traffic banter to inhibit traffic from using said
Property as a through way from the iocatbn where Waterfront drive accesses the southern
portion of the Property to the location where Waterfront Orive accesses the northern portion of
the Property; and
WHEREAS, ATI and the City of Iowa City wish to sal forth this agreement In writing,
NOW, THEREFORE, In consideration of the mutual covenants and conditions contained herein,
the parties agree as foiiowc
1. jpgiliat+nn of Traffic Saftier. As a condition to the spacial exception granted oy the teem
City Board of Adjustment on January 13, 1999, ATI agrees to install and maintain a traffic
barrier across the Property frorn the Southwest carnar of the proposed }wilding to tna west
boundary line as depicted on Exhibit A attached hereto, The traffic barrier shall txxxist of
one of the following:
a) a six-inch concrete curb;
b) a six-inch concrete or asphalt spud bump in connection with a gate extending
across the length of the speed bump; or
c) a combination of a) and b).
ATI shalt be responsible for installing, repairing, and maintaining the curb, speed bump
"for gate,
2. Operation of Trafftn }tamer. AT[ shall operate and maintain the traffic barrier in such a
manner as to prohibit vehicles from traversing the Property (l.e„ use the Property as a
through way) from the location where Waterfront Drive accesses the south pnrti of the
Property to the location where Waterfront Drive accesses the north portion of theoparty,
Subject to ATt's right to move customer vehicles across the traffic barrier in tWnor
course of Its business operatlans. it shall be deemsd a violation of this:hgraoJ;fnent IF
vehicles, other than ATI moving customer vehicles across tns traffic barrldi t the -nor
course of Its business operation, ties the Property as a through way as aesc ibad-in tv
paragraph. s rn
-- 12 i 3A9 : : 5R � e 877F,7Z50
3. t�Ms nforr� Itty frj M Ie flan, The City shall have the right to enforce, the
obkgations of ATI pursuant to We agreement without the necessity of court action in the
event that ATI fatty to install, repair, maintain or operate the tratl9c barrier in accordance with
the terms or this agreement. In the anent of such failure by ATi, the City shelf notify ATi in
writing of the violation and provide ATI with a fourteen (1+4) day pentad to cure such violation.
If ATI falls to cure said violation within the fourteen (14) day period or subsequently vitiates
the terms of this agreement again within six (0) months of written notification of the initial
violation, the Cfty shall have the right, at its option, to erect a traffic barrier at the point where
Waterfront Drive accesses the southern portion of the Properly ATi shall be reeponstble for
the costs of any traH`ii; barrier Installed by City pursuant to this paragraph.
4. augmmra and Aasicros. This agreement shalt be binding upon the perdes' respective
successors and assigns, and shah be recorded with the apaolal exception granted by the
Board of Adjustment on January 13,190 and run with the Property.
li, Governing Law. This agreement shall be construed and enforced In accordance with and
governed by the laws of and in the Courts of the State or Iowa.
IN WITNESS WHEREOF, the partial have executed this agreement as of the date above
written.
r• r� 4 OF ;
STATE OF IOWA t
}ea:
JOHNSON COUNTY }
9
On this jLtL day of _ starch 1998, before mc; the undersigned, a Notary
Public in and for the State of Iowa, personally appeared "vnda kantamom I to me
personally known, who, being by me duty swam, did say that that person is presigjn
of said ATI Properti•e, L.L.C. and that the instrument was signed or behalf of Art
kaperl'-ack I.L.C. by authority of its managers and the said Hukunae Nansamneni
acknowledged the execution of the instrument to be the voluntary an and deed ofA§a At i
F, opar#'ea. LL,C., by it voluntarily executed.OEZ 9;
NowfAgllc in and folkhi State 3a, fairs'""
-v
to
ra
_y
.d.
A `3
STATE OF IOWA )
JOHNSON COUNTY j
On this day of 199 5_, bafare me, the undersigned, a Notary
Pubk in and for the above -name mC unty and state. perstmaity appeared Ernest W. Lehman
and Marten K. Karr, to me personally kn&.vn, who being by me duly swam, d`ui say that they are
the Mayor and City Clerk, fespeavely, of sold murnlelpai corporation executing the within and
forogoing Instrument; that the seal affixed thereto is the oeai of said municipal eorporatlon; that
said ieWrnent was signed and awned on behalf of said munidpai corporation by authority of 04
Council of said municipal corporation; and that the said £meet W, Lehman end Marian K. Karr
acknowledged the exevAon of said Instrument to be the voluntary act and deed and said
mtinlelpal corporation, by It and by them votuntedly exeruled.
"rnartaAw",,M
Notary P-polic in and for file State of Iowa
h,T
:S
r
Fri
s
0
FINAL PLAT
—semi
a.: . rya . en I
MAJOR SITE PLAN
SOUTHGATE ADDITION, PART TWO
1402 SOUTH GILBERT STREET
IOWA CITY. KYWA
o
r-x H I a ��
MINUTES
BOARD OF ADJUSTMENT
MAY 10, 2017 — 5:15 PM
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT
CALL TO ORDER:
PRELIMINARY
Gene Chrischilles, Connie Goeb, Bryce Parker, Becky Soglin, Tim
Weitzel
Susan Dulek, Sarah Walz
Doug Bottroff, Dave McCauley
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Soglin outlining the role and purpose of the Board and the
procedures that would be followed the meeting.
CONSIDER THE APRIL 12, 2017 MINUTES:
Goeb moved to approve the minutes of April 12, 2017. Weitzel seconded the motion.
A vote was taken and the motion carried 5-0.
SPECIAL EXCEPTION ITEM EXC17-00003:
Discussion of an application submitted on behalf of Regina Catholic Educational Center to allow
the expansion of a General Education Facility in the Low Density Single -Family (RS-5) zone at
2140 Rochester Avenue.
Soglin noted that she lives on Rita Lyn Court, the cul-de-sac across the way from Regina, but has
no direct knowledge of the application and therefore there is no conflict of interest.
Walz began the staff report noting that the Board considered a special exception on this property
last month. She showed a site map of the area and noted the school is located in the RS-5 zone
and has RS-5 zoning on two sides (west and south), Hickory Hill Park is to the north, and multi-
family zones to the east. There is also some neighborhood commercial to the south and east of
the site. The Regina Catholic Educational Center is categorized as a General Education Use -a
use that is permitted in residential zones (similar to churches and daycares) by special. exception
only. In April, the Board of Adjustment approved a special exception to allow an approximately
12,900 square foot building to house an athletic training facility. The applicant is now seeking a
Board of Adjustment
May 10, 2017
Page 2 of 9
special exception to allow an 18,500 square foot addition to the school building and an expansion
of the parking areas north and south of the building. The School is requesting the special
exception first, and if approved then will begin raising funds. Therefore the expansion has not yet
been designed, but they have a basic footprint and a basic idea of what they would propose. The
addition will be on the back of the school, and not street facing. The school is also seeking to
expand its parking areas to provide 57 additional spaces-53 spaces in the south lot, which faces
onto Rochester Avenue; 4 additional spaces in the north lot, adjacent to the new athletic building.
This parking expansion will be beyond the minimum parking requirement and also as part of their
circulation requirement they are widening a curb cut onto Rochester Avenue. Walz reminded the
Board that at last month's meeting it was discussed designing a new secondary access drive to
First Avenue. The City has long encouraged Regina to provide this secondary access in order to
alleviate congestion at the intersection of First Avenue and Rochester Avenue during peak hours.
Walz noted there was a question from one of the Board members about this use, the applicant has
indicated that the goal of the expansion, and related renovations within the existing building, to
bring the school building up-to-date with modern standards for educational facilities and to allow
expansion of Regina's early childhood program. The early childhood program use is considered an
accessory use and does need a special exception, however since it will be part of this bigger
project, it is included in the overall special exception as the criteria for the expansion of a General
Education Facility exception is more strenuous than that of just having an early childhood program
in the zone.
Walz reviewed the standards required for a General Education Use facility. The first is regarding
setbacks. The Regina school buildings more than satisfy the required setbacks. Even with the
new addition they will continue to exceed the minimum required setbacks. The second specific
criteria is that the proposed use will be designed to be compatible with adjacent uses. The criteria
gives the Board a lot of latitude to look at various aspects. Walz did point out that she mentions
stormwater under the general criteria, but it probably fits better under this specific criteria. There
are some stormwater issues on the site that the City has been trying to resolve for some years, and
now is a good time with this special exception application to get those issues resolved. The City
Parks Department will work with Regina and prior to paving the south parking area, Regina will
need to come up with a plan to address the stormwater runoff issue and must be signed off by the
Director of the Parks Department.
Walz next discussed the parking issues. The applicant proposes to create 53 additional parking
spaces and have submitted a parking study to the Board. In addition to the special exception, in
order to have the parking between the street and the school building the applicant had to go
through the Minor Modification process, which they have done and secured the Minor Modification.
Walz continued by noting there are two matters to address, one is exceeding the minimum parking
and secondly the placement of the parking. Regina has indicated that they have a number of
events during which the parking demand outstrips the supply. That is pretty standard at all
schools, when there are events a certain number of parking must be accommodated on the
surrounding streets. The additional parking spaces requested are intended to more closely align
with actual current demand for parking on the site. Walz also noted that currently during large
events cars often park in the drop-off circle and fire lane and on grassy areas that line the parking
lots. Walz showed on the map how parking is accommodated on streets in the surrounding
neighborhoods. Woodridge Avenue and Winston Drive provide the nearest opportunities for on -
street parking with a pedestrian connection directly to the west edge of the Regina property, near
the athletic fields. Rita Lyn Court, an approximately 700-foot cul-de-sac provides some additional
on -street parking capacity. Most other nearby streets are located no less than a quarter mile from
Board of Adjustment
May 10, 2017
Page 3 of 9
the school building, and some (especially those to the northeast) are not easily accessible to the
site due to topography. The additional parking is being proposed on the south side of the school
because other areas are needed for stormwater management and there are other topographic
constraints. Therefore Staff does believe some additional parking is appropriate, and it is
appropriate to have it in the front of the school. Staff has requested that Regina keep as much
green space as possible between the front property line and the parking area. The parking area
will have landscape screening and a retaining wall approximately three feet in height.
The next standard, the proposed use will not have significant adverse effects on the livability of
nearby residential uses due to noise, glare from lights, late night operations, odors, and litter.
Regina functions like other school sites, there are occasional evening events, but not late night
hours. In addition they will be providing the screening for the parking and with the addition of the
new access driveway they will be reducing the impact of the parking area in neighborhoods.
Walz next discussed 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. Walz stated that because
the addition is on the back of the building they are not held to the standard for buildings. The multi-
family design standards do require that parking is behind the buildings but because this is an
existing site, and given the topography and constraints on the site, they secured a Minor
Modification to allow the parking.
Walz moved onto the General Standards. First, the specific proposed exception will not be
detrimental to or endanger the public health, safety, comfort or general welfare. There will be a
number of improvements to the site with new sidewalk connections through the parking areas.
Walz showed the pedestrian pathways and noted with the larger site there will be a new sidewalk
that will come up the access drive and that will need to be connected to the entrance of the new
addition. Walz reiterated that the goal is to maintain as much green space between the parking
screening and the sidewalks.
The second general standard, 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. By maintaining the 20 foot setback for the parking area will
assist with meeting this standard. Walz restated the stormwater runoff issue and how Regina is
working with the City to resolve that issues.
Next, 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. Walz stated that the findings under the first two general criteria meet this.
She noted the City also discussed previously how Regina is an asset to the neighborhood.
Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided. Once again the stormwater issues is being addressed, the access drive is addressing
the need to reduce congestion at the Rochester intersection.
General criteria number five is adequate measures have been or will be taken to provide ingress or
egress designed so as to minimize traffic congestion on public streets. Walz reiterated that will be
accomplished through the creation of the new access drive. Walz showed a picture of the area
and explained that the two driveways that are on Rochester Avenue have specific uses. The east
access drive is entrance only and the other is an exiting drive only. That is not a requirement of
the City, it is just what Regina has done for its own circulation needs. Regina is changing that to
Board of Adjustment
May 10, 2017
Page 4 of 9
have both drives entrance and exits and the applicant can address how that will change the
circulation on their site. Walz also explained the pedestrian crossings for access to the school, and
that crossing guards are provided.
Walz stated with the final two general criteria, first 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, there
are a number of things Regina will have to bring up to Code standard (lightening on the building
and parking lot, parking area screening, screening required along driveways, improvement of
stormwater drainage, and sidewalk access to the rear entrance). And finally the proposed use
must be consistent with the Comprehensive Plan as amended. The Comprehensive Plan
encourages educational facilities in residential zones so long as they fit within the neighborhood.
Staff recommends approval of a special exception for the expansion of a general educational
facility to allow a school building addition of approximately 18,500 square feet and expansion of the
parking areas to allow up to 300 parking spaces, subject to the following conditions:
a. Completion of a secondary drive access to First Avenue prior to issuance of a building
permit for the new school addition;
b. Substantial compliance with the plans and elevations submitted with this application;
c. The parking area setback along Rochester Avenue should be set back no less than 20
feet from the street right-of-way line (south property line) in order to preserve as many
mature trees as possible, and mature trees that are removed should be replaced in
consultation with planning staff;
d. North and south parking areas and drives must be brought into conformance with all
parking standards, including paving, screening, shade trees, pedestrian access, and
lighting;
e. Bicycle parking must be provided in conformance with code standards; and
f. Prior to paving of the south parking area (near Rochester Ave), the applicant must submit
a plan to and receive approval from the Park and Recreation Director to address
stormwater runoff concerns at the north end of the Regina property; and
g. Prior to a permit being issued for the building addition, the stormwater plan must be
implemented, inspected, and approved by the Parks and Recreation Director.
The term of this special exception should be extended to 2 years to allow Regina the opportunity
to complete the fundraising for the school expansion.
Goeb asked about the sequence of events. Walz explained Regina would first like to construct the
parking area this summer that would allow them to stage things for both the athletic facility they are
building and for the eventual addition to the school. Then hopefully in the next year to two years
build the addition and once the addition is built finish the improvements to the rear parking area.
Goeb asked when the First Avenue drive is to be completed. Walz said the intent is to do the
access drive as soon as possible, before any other improvements.
Parker asked if Staff was recommending the curb cut be widen or if that was the Applicant. Walz
stated the Applicant was requesting it and to do so they must get a permit from the City Engineer
who will address safety and other issues. It is part of the exception because it is part of the
expansion.
Soglin asked if there would be room for three lanes of traffic with that expanded curb cut and Walz
confirmed there would. The Applicant will address the traffic circulations.
Board of Adjustment
May 10, 2017
Page 5 of 9
Soglin next asked about preserving as many mature trees but there is a notation that the
evergreens will likely be taken out. Walz said some would, but perhaps not all.
Soglin opened the public hearing and asked the Applicant to come forward.
Doug Bottorff (2005 Rochester Court) represents Shive Hattery and is a Regina parent. He stated
they did hold a neighborhood meeting (Soglin stated she did not attend that meeting so there
would be no conflict of interest) and received positive feedback at that meeting. Bottorff
acknowledged the questions about traffic circulation and will also speak about the south parking
lot. He first showed the existing traffic circulation, and explained the drop off points and where
there is congestion. He then showed the proposed new routing which will help alleviate the
congestion and less traffic through the preschool age areas of the school. Additionally there will be
a new dedicate bus drop off area. With the new site circulation they will have 150 cars on First
Avenue in the morning and 200 exiting cars onto North First Avenue in the afternoon, but that
alleviates all those cars from adding to traffic on Rochester Avenue.
Soglin raised concern about the intersection with three lanes (one going in, two out exiting either
left or right) because currently if someone is at the intersection of Rita Lyn Court and Rochester
Avenue they cannot make a left hand turn onto Rochester due to all the traffic exiting Regina. She
also stated concern about the other access point on Rochester Avenue and cars exiting to the east
right into a walkway.
Bottorff showed the traffic counts for the area and noted the new system will alleviate the
concentration of traffic from just one exit.
Soglin noted that widening the curb cut allows for more traffic at that entrance/exit and now there
will be three vehicles maneuvering through the area rather than the current two. Bottorff stated by
widening the curb cut they can accommodate the bus traffic as well. Soglin asked if after this is in
place for a bit and if problems arise they will revisit and Bottorff confirmed that would absolutely
happen.
Goeb asked about the sequence of all the projects. Bottorff said they will begin with the new
access road off First Avenue, then next is the south parking lot and they hope to accomplish both
this summer. The north parking lot modifications will happen with the construction of the addition,
which they plan to start designing this fall.
Bottorff addressed the south parking lot and acknowledged they worked very hard to keep the 20
foot buffer (from the parking lot to the property line) but there is one area on the far east side where
it will only be 19 feet. However by doing that they are saving some trees.
Soglin stated Bottorff has addressed what the preferred traffic flows will be, but there is no
prohibiting mechanism for someone to use whatever entrance/exit they wish. Bottorff confirmed
that was the case, but they will communicate with the parents, students and guests the preferred
traffic flows.
Parker asked if there was any signage for parking along Woodridge Avenue. Walz responded that
the only signage for parking would be what the City puts up, such as prohibiting parking. Parker
asked about special events, to let the public know they can park on Woodridge Avenue. Bottorff
stated they do not use signage to direct parking to Woodridge Avenue or any surrounding
neighborhood.
Board of Adjustment
May 10, 2017
Page 6 of 9
Parker also asked Bottorff to comment on the screening around the retaining wall. Bottorff said
they are required by Code to have 35 plantings with a third of them greater than four feet with no
requirement on where they are. Bottorff said they will meet that requirement. Walz noted that the
screening requirement is for lightening and to designate an area, it is not required to block the view
of the area. so it doesn't have to be a solid screen.
Dave McCauley (420 North First Avenue) and the driveway to his condominium complex will be
right across the road from where the new access road will be. His concern is that First Avenue is
already difficult to get on and off of certain times of the day. He also drives along Rochester
Avenue and feels it is much easier to deal with than First Avenue. On First Avenue traffic is often
backed up all the way down to Hickory Hill Park. He is concerned about adding more traffic to that
area. He questions where the approval for that new access road came from, as it appears to
already be done, but before additional parking is approved for this site it would be beneficial to first
see how the traffic on First Avenue will be affected by this new access road. McCauley referenced
a mailing he received that states the secondary access drive will alleviate the congestion at the
Rochester and First Avenue intersection as only north bound traffic may enter. Walz
acknowledged that was an error, and should read only south bound traffic may enter the access
road. This access road should help with the stacked southbound traffic on First Avenue as any of
the traffic to Regina can turn into Regina at the access road rather than going up to Rochester
Avenue to enter Regina.
Soglin raised the question of where the approval for the drive comes from, as it doesn't come
through this Board. Walz stated that throughout the years Regina has come before this Board for
special exceptions for smaller projects and at each of those meetings the City has stated their
desire for Regina to provide a secondary access as the only way to the site is off Rochester
Avenue. Regina finally has acquired the property needed to achieve the secondary access. Walz
explained that this is a City directive. Soglin asked if it were ever a condition placed on a special
exception granted and Walz confirmed it was not.
Soglin asked if McCauley was able to attend the Good Neighbor Meeting. He said he did not as he
felt that was not the place to state his concern about the driveway and it should be addressed to
this Board and the City not Regina.
Chrischilles asked if McCauley was concerned about peak time traffic in the morning only.
McCauley stated there was concern for afternoon traffic as well. Walz confirmed there is a period
of the morning where First Avenue is quite backed up and the idea is that the access drive will get
those people headed to Regina off First Avenue prior to waiting to turn onto Rochester Avenue.
Soglin closed the public hearing.
Soglin noted that Staff added conditions a-g on the exception and the Board could add another
condition regarding the sidewalk. Parker acknowledged that is covered by the Code. Walz stated
the Code requires either a four or five foot sidewalk but often schools decide to build a wider
sidewalk for their own convenience.
Goeb asked about condition c and if the Board needs to do anything about the "no less than 20
feet' to acknowledge the Applicant admitted one area is only 19 feet. Dulek stated the Board
should acknowledge the 19 feet so it is on record. Walz said it could say "with the exception of an
area on the east end of the parking lot" and that should suffice. Walz said the City is most
concerned with maintaining a sense of screening and separation, and it was more of a goal to
Board of Adjustment
May 10, 2017
Page 7 of 9
preserve the trees to the west. Weitzel pointed out that there aren't many trees at that corner and
being able to save the ones there is important.
Goeb recommends approval of a special exception EXC17-000003 for the expansion of a
general educational facility to allow a school building addition of approximately 18,500
square feet and expansion of the parking areas to allow up to 300 parking spaces, subject
to the following conditions:
a. Completion of a secondary drive access to First Avenue prior to issuance of a
building permit for the new school addition;
b. Substantial compliance with the plans submitted with this application;
c. The parking area setback along Rochester Avenue should be set back no less than
20 feet from the street right-of-way line (south property line - with the exception of a
small area on the east end of the south parking lot) in order to preserve as many
mature trees as possible, and mature trees that are removed should be replaced in
consultation with planning staff;
d. North and south parking areas and drives must be brought into conformance with
all parking standards, including paving, screening, shade trees, pedestrian access,
and lighting;
e. Bicycle parking must be provided in conformance with code standards; and
f. Prior to paving of the south parking area (near Rochester Ave), the applicant must
submit a plan to and receive approval from the Park and Recreation Director to
address stormwater runoff concerns at the north end of the Regina property; and
g. Prior to a permit being issued for the building addition, the stormwater plan must be
implemented, inspected, and approved by the Parks and Recreation Director.
The term of this special exception should be extended to 2 years to allow Regina the
opportunity to complete the fundraising for the school expansion.
Chrischilles seconded the motion.
Weitzel agrees with the motion and added that traffic is always a complicated issue
Weitzel stated that regarding agenda item EXC17-00003 he concurs with the findings set forth in
the Staff report of May 10, 2017 as amended tonight in the motion, and conclude the general and
specific criteria are satisfied, particularly that the new access drive will help alleviate congestion at
the intersection of Rochester and First Avenues, the parking will be brought into compliance with
design standards, and the request to expand parking beyond the minimum is reasonable based on
information submitted to Staff. So 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.
Soglin added that the Applicant has reached out to the neighbors and neighbors have had
opportunities to share their views.
A vote was taken and the motion carried 5-0.
Soglin 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
May 10, 2017
Page 8 of 9
BOARD OF ADJUSTMENT INFORMATION
Board update regarding a previously approved special exception (EXC16-00009) allowing
expansion of an existing Quick Vehicle Servicing use located in the Neighborhood Commercial
(CN-1) zone located at 2221 Rochester Avenue. At its April meeting a board member had
requested follow up regarding the site plan that was approved vs. what was actually installed.
Walz showed the site plan approved for the project and what the site looked like prior to the special
exception. The plan did call for reduction in green space but additional screening. Soglin raised
the concern that the screening didn't look correct, there was added rock to the site, as well as
concern about amplified sound from the site. Walz stated that inspectors went out to the site and
issued a violation, the Applicant is in the process of improving the area that was filled in with rock
as well as modifying the area with the dead vegetation. The Applicant has installed the compliant
bicycle parking and turned off the amplified sound at the gas pumps. Additionally the Applicant
moved the sign that was in violation.
ADJOURNMENT:
Goeb moved to adjourn this meeting.
Weitzel seconded the motion.
A vote was taken and the motion passed 5-0
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
NAME
TERM EXP.
6/15
7113
8/10
9/14
9/21
9/30
10112
11/9
12/14
1/11
4112
5110
PARKER, BRYCE
1/1/2022
—
—
—
—
—
—
—
—
—
X
O/E
X
GOEB, CONNIE
1/1/2020
X
X
X
X
X
O/E
X
X
X
X
X
X
CHRISCHILLES, T. GENE
1/1/2019
O/E
X
X
X
X
X
X
X
X
X
X
X
SOGLIN, BECKY
1/1/2018
X
X
X
X
X
X
X
X
X
X
X
X
WEITZEL, TIM
1/1/2021
X
X
X
X
X
X
X
X
X
X
X
X
KEY: X=Present
O = Absent
O/E = Absent/Excused
-- = Not a Member