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HomeMy WebLinkAboutBOA Packet 10.11.17MINUTES PRELIMINARY BOARD OF ADJUSTMENT JULY12, 2017 EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Gene Chrischilles, Becky Soglin, Tim Weitzel MEMBERS ABSENT: Connie Goeb, Bryce Parker STAFF PRESENT: Susan Dulek, Sarah Walz OTHERS PRESENT: Vicky Stadther CALL TO ORDER: 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 during the meeting. CONSIDER THE JUNE 14, 2017 MINUTES: Chrischilles moved to approve the minutes of June 14, 2017. Weitzel seconded the motion. A vote was taken and the motion carried 3-0. SPECIAL EXCEPTION ITEM EXC17-00005: Discussion of an application submitted by McDonald's USA LLC for a special exception to allow the expansion of a drive-through facility in the Community Commercial (CC-2) zone at 1861 Lower Muscatine Road. Walz explained that the area where McDonald’s is located is part of the larger Iowa City Marketplace Shopping Center (formerly the Sycamore Mall) and the entire area is zoned C C-2. Across the street to the east is an industrial zone and other CC -2 properties. There is residential properties some distance to the north and west, but not directly adjacent. Walz showed images of the site. Access to the McDonald’s is through the Marketplace driveway system and not directly off the public street. The McDonald’s has operated in this location with a drive-through for more than two decades and there have been no issues to date. However Walz explained there are aspects of the McDonald’s site and overall Marketplace site that don’t meet current zoning standards including a lack of a setback from the public right -of-way (the current standard requires a minimum of 10 feet with landscaping to provide better separation from vehicle and pedestrian areas). Board of Adjustment July 12, 2017 Page 2 of 6 Weitzel asked if the setback was to be 10 feet from the sidewalk. Walz stated it is to be 10 feet back from the property line and currently the parking area goes right to the sidewalk (which is the property line) and there is no setback or green space. Walz continued and noted that right now there is not a pedestrian route to the restaurant (the shopping center also lacks a pedestrian route). Walz pointed out that as part of the TIF financing agreement was granted in phases and in the next phase they will be required to provide pedestrian access to the shopping center and that will need to be completed by the end of this year. She added that of all the businesses in the shopping center area, McDonald’s has probably the most landscaping. Additionally with the improvement of Lower Muscatine Road better sidewalk access and ADA curb cuts were provided. Walz discussed the specific standards beginning with Access and Circulation which states wherever possible and practical, drive-through lanes shall be accessed from secondary streets, alleys, or shared cross access drives. Access to and from the McDonald's site is from a shared driveway system that provides vehicle circulation through the shopping center. There is no driveway direc tly to Lower Muscatine Road, the adjacent public street from the McDonald’s lot. The applicant has indicated that the redesign of the drive-through is intended to discourage cars from entering the site from the north. This includes better defining the north drive by reducing the amount of paving (currently used for parking spaces), slightly extending the north landscaped area to the rear of the building, and adding the island for the second order board. The next standard is to provide for safe pedestrian movement, the number and width of curb cuts serving the use may be limited. A proposal for a new curb cut on any street is subject to the standards and restrictions in the Zoning Code. Walz noted that no new curb cuts are requested. The third standard is an adequate number of stacking spaces must be provided and a minimum of six (6) stacking spaces is recommended for drive-through facilities. The submitted site plan shows space for 6 cars to stack between the final pickup window and the order board. Two cars may access the order board with an additional two stacking behind before any parking spaces are blocked along the McDonald’s driveway. The fourth specific standard states that sufficient on site signage and pavement markings shall be provided to indicate direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, etc. Walz noted that the site plan materials submitted by the applicant indicate pavement markings and signage marking the drive through, including drive directi on. The pedestrian route across the parking area drive is marked with a 5-foot wide striped lane. The next specific standard states that in the CB -2 zone and in all subdistric ts of the Riverfront Crossings, drive-through lanes and service windows must be located on a nonstreet -facing facade. In all other locations (and this is considered an other location) where drive-throughs are allowed, this location standard must be met. The drive-through lanes are loc ated toward the rear of the building and shopping center parking areas. Service windows are located on the south side of the building, facing away from the public street. They are also providing additional landscaping. Drive-through lanes must be set back at least ten feet (1O') from adjacent lot lines and public rights of way, which is met in this situation in the area of the drive-through. It could not be done in other areas of the lot due to lose of parking spaces. They have eliminated 11 parking s paces to increase the setback area. Board of Adjustment July 12, 2017 Page 3 of 6 Walz reiterated that McDonald’s meets the standards regarding screening and windows being nonstreet-facing as well as stacking lanes to minimize car idling. Stacking spaces, driveways, and drive-through windows shall be located to minimize potential for vehicular and pedestrian conflict. Walz stated the concern is always the pedestrian areas, so Staff has suggested that the pedestrian access area being expanded such that the drive does not widen out to 18 feet until cars or trucks are clear of the pedestrian route. Walz noted the next two standards are regarding lighting and noise. The lighting must meet current design standards in the Zoning Code. Loud speakers if allowed, should be located and directed to minimize disturbance to adjacent uses. Walz stated the Board could read the general standards in the report, but noted Staff acknowledges the purpose of the extra ordering lane is to move things through efficiently so as part of a special exception they look at the site to see what can be done to bring the site as close to Code as possible. In this case McDonald’s has improved the setback, added landscaping to the site, and improved the pedestrian access to the site. Staff recommends approval of EXC17-00005 to allow a second order board and lane for the drive-through for property located at 1861 Lower Muscatine Road, subject to the following conditions: • Substantial compliance with the site plan submitted with additional recommendations of staff for preserving or replacing existing large shade trees and narrowing the bypass lane in the area adjacent to the pedestrian route. • All lighting and signage for the property must comply with current zoning code standards for the zone in which the property is located. Chrischilles asked if the new setback would extend the entire length of the property. Walz confirmed that and stated that Staff felt that meeting the setbacks in the drive -through area was sufficient as to meet the setback in other areas would eliminate too much parking. Chrischilles asked if there could be a provision for a “do not enter” sign at the northern exit lane. Walz said there is an arrow directing traffic as well as an island to direct traffic flow. Chrischilles asked if there were any signage or notation of the pedestrian crossing at the southern entrance. Walz said there is pavement markings but no signage. This is standard in commercial sites. Chrischilles asked if vehicles were legally required to stop if someone is in that pavement crosswalk. Dulek replied not legally, the City’s traffic regulations are for public right-of-ways, not within private properties. Chrischilles asked about the Staff recommendation of Substantial Compliance and what defines substantial. Walz explained that means that the landscaping that is shown is provided, the setback is provided, and the walkway is designed as on the site plan. Minor modifications can happen but nothing that would change the intent of what is being approved. Soglin questioned the two ADA parking spaces and asked where the ADA spaces were previously. Walz said they used to be in front of the doorway, and are being moved to the north just a bit. Soglin asked if there was concern about those spaces being moved close r to where the stacking is for the drive-through. Walz said they only look at the issue of availability for ADA access from the vehicle to the building, if they have to wait a bit to pull in or out of the space with their vehicle that is not a concern. Board of Adjustment July 12, 2017 Page 4 of 6 Soglin asked how typical it is for the loading/unloading area next to ADA spaces also be used as a walkway for other pedestrians as a route to the entrance of a building. Walz stated it is not atypical. Soglin opened the public hearing. Vicky Stadther (McDonald’s USA, LLC) is the area construction manager out of the Midwest regional office. Chrischilles asked what the reasoning for moving the handicap spaces to the north was. Stadther stated it was to integrate it with the pedestrian walk and they like to do that where possible to keep the setbacks and the correct slopes to be ADA compliant. Weitzel asked how long this McDonald’s has been in this location. Stadther is unsure of the exact date, but thought 30-40 years. Chrischilles asked about the 18-foot driveway to the north and if they were going to make that a one-way. Stadther said it currently is a one-way, the island is angled to force one-way traffic. Soglin closed the public hearing. The Board discussed the matter briefly. Weitzel stated he understands the problems with the setbacks due to the age of th e buildings and feels it is not reasonable to require more than what is in the Staff report at this time. Chrischilles agrees but noted he would like to see signage prior to the pedestrian crossing. Soglin agrees and feels that is a prudent thing to do. She also feels there should be a do not enter sign at the north end. Weitzel is not in favor of the additional signage, stating that if someone ignores the markings on the pavement, they will also likely ignore signage. Furthermore he noted that they would also be regulating signage in an area that doesn’t normally require it. Walz explained that if the Board feels strongly about signage they can require it, it w ould not be City signage, McDonald’s could customize the signage, but it could be added. Weitzel stated he was okay with the other visual cues but he would support the signage. Weitzel moved to approve EXC17-00005 to allow a second order board and lane for the drive -through for property located at 1861 Lower Muscatine Road, subject to the following conditions: • Substantial compliance with the site plan submitted with additional recommendations of staff for preserving or replacing existing large shade tre es and narrowing the bypass lane in the area adjacent to the pedestrian route. • All lighting and signage for the property must comply with current zoning code standards for the zone in which the property is located. • Adding a sign to alert vehicles of the pedestrian crossing and flow of traffic including a “do not enter” sign at the northern drive. Chrischilles seconded the motion. Board of Adjustment July 12, 2017 Page 5 of 6 Weitzel stated that regarding agenda item EXC17-00005 he concurs with the findings set forth in the Staff report of July 12, 2017 with the addition of the signage requirements and concludes the general and specific criteria are satisfied. A vote was taken and the motion carried 3-0. 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 INFORMATION: Walz noted she doesn’t have any applications for August yet but will keep the Board posted . Chrischilles asked to add to an upcoming agenda the topic of reordering of the agenda so that there are two periods of discussion. One immediately after Staff report and before public hearing and another period of discussion after public hearing to discuss if all points were clarified. Walz said the period of asking Staff questions is the point where the Board can get clarification on the Staff report and bring up areas of concern. Dulek will review the process procedures. She noted the point of a public hearing was to gather all the information and for the Board to have a blank slate prior to the public talking. ADJOURNMENT: Weitzel moved to adjourn this meeting. A vote was taken and the motion passed 3-0. Meeting adjourned at 6:08 PM. BOARD OF ADJUSTMENT ATTENDANCE RECORD NAME TERM EXP. 8/10 9/14 9/21 9/30 10/12 11/9 12/14 1/11 4/12 5/10 6/14 7/12 PARKER, BRYCE 1/1/2022 -- -- -- -- -- -- -- X O/E X X O/E GOEB, CONNIE 1/1/2020 X X X O/E X X X X X X X O/E CHRISCHILLES, T. GENE 1/1/2019 X 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