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HomeMy WebLinkAbout10-11-2017 Board of Adjustmenta, �w CITY OF IOWA CITY IOWA CITY BOARD OF ADJUSTMENT October 11, 2017 5: 15 P.M. Emma Harvat Hall STAFF REPORT CITY OF IOWA CITY Department of Neighborhood & Development Services IOWA CITY BOARD OF ADJUSTMENT MEETING Wednesday, October 11, 2017 — 5:15 PM City Hall, 410 East Washington Street Emma Harvat Hall AGENDA A. Call to Order B. Roll Call C. Consider the July 12, 2017 minutes D. Special Exception Items 1. An application submitted by Hilton Garden Inn for a special exception to expand the hours of operation for a Rooftop Service Area m the Riverfront Crossings -South Downtown Sub -District at 328 S. Clinton Street. (EXC17-00006) 2. An application submitted by RKM Investments LLC for a special exception to allow a drive -through facility in the Community Commercial (CC-2) zone at 1075 Highway 1 West. (EXC17-00007) E. Board of Adjustment Information F. Adjourn NEXT BOARD OF ADJUSTMENT MEETING: Wednesday, November 8, 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. STAFF REPORT To: Board of Adjustment Item: EXC17-00006 328 South Clinton Street GENERAL INFORMATION: Applicant: Contact: Property Owner: Prepared by: Sarah Walz Date: October 11. 2017 Hilton Garden InnlVue Rooftop Restaurant 328 South Clinton Street Michael Wilson 319-743-5597 Kinseth Iowa City LLC 2 Quail Creek Circle North Liberty, IA 319-626-5600 Requested Action To allow a rooftop service area to operate outside of the hours of 10:00 AM to 10:00 PM, Sunday through Thursday, and 10:00 AM to Midnight, Saturday and Sunday. Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Applicable code sections: File Date: 328 South Clinton Street approx. 82 x 150 sq. ft. Hotel with rooftop restaurant and bar, Riverfront Crossings -South Downtown Sub -district (RClSDT) North: Vacant, Riverfront Crossings -South Downtown Sub -district (RClSDT) South: Mixed Use (RCISDT) East: Public Parking (P1) West: University of Iowa School of Music (102) 14AS-3A, (Generai Criteria) September 8, 2017 BACKGROUND: Iowa City's zoning code permits Rooftop Service Areas (RSAs) as a provisional use' accessory to Hospitality -Oriented Retail (i.e, hotel) in accordance with the following hours of operation: 10:00 AM to 10:00 PM Sunday -Thursday and 10 AM to 12:00 midnight Friday and Saturday. To operate outside these hours requires a special exception. ' Provisional uses are permitted, subject to the additional requirements listed contained in the Zoning Code. Typically the "provisions" are identical to the specific criteria for special exceptions. However, provisional uses do not require approval by the Board of Adjustment z The applicant, Hilton Garden Inn/Vue Rooftop Restaurant, is seeking a special exception to allow a planned RSA to extend its hours of operation to 12:00 AM (midnight) Sunday through Thursday and to 2:00 AM on Friday and Saturday. The RSA will be located on the 12�h floor of the newly constructed hotel building, As shown in the floor plan, the facility is an L-shaped patio consisting of approximately 2,100 square feet of patio space, facing west toward Clinton Street and north toward now -vacant properties at the corner of Clinton and Burlington Streets. The adjacent properties are proposed for development as a 7-story mixed use building at the corner and a 7-story extended stay hotel at midblock. A 30-foot public alley runs between the Hilton Garden Inn and the proposed extended stay hotel. The applicant has submitted floor plans and elevations that must conform with all zoning regulations related to the use. These includes ADA accessibility, setbacks, safety wall and screening surrounding the use, lighting, etc. The applicant proposes an 8-foot tall glass wall to surround the RSA. A portion of the RSA will be covered by decorative canopy 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 general approval criteria for special exceptions as set forth in Section 14-413-3A. The applicant's comments regarding each of the specific and general standards are included on the attached application form. Staff comments related to the specific and general approval criteria are set forth below. Because Rooftop Service Areas are considered provisional uses when accessory to a hotel, the RSA Itself does not require a special exception; only the extension of hours of operation to remain open later than 10:00 PM Sunday through Thursday and later than midnight on Friday and Saturday require a special exception. However, staff considers other aspects of the RSA, including setbacks, screening, lighting, and sound as well as the location of the RSA in relation to other uses and properties to be relevant to the expansion of hours requested as these characteristics apply to the general standards. 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. FINDINGS: The proposed rooftop service area will be located on the 12"' floor of a newly constructed hotel. • The RSA will be surrounded by an 8-foot tall glass wall, • The RSA is ADA accessible. • Stairways and elevators provide access to the use.. • The hotel building has a step back such that the upper floors of the building are set back 10 feet from the Clinton Street right-of-way 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. FINDINGS: • The RSA is screened from the view of adjacent properties to the east and south by portions of the building —the indoor portion of the restaurant and elevator tower • To the west, across Clinton Street, is the University of Iowa Voxman Music Building, a 6- story non-residential structure. ■ The Clinton Street right-of-way is 100 feet wide, and the 10 floor is setback 10 feet from the right-of-way. Property immediately to the north is currently vacant, but is proposed for the development of a 7-story extended stay hotel. A 30-foot alley separates the subject property and the property to the north. • An 8-foot high glass wall surrounds the perimeter of the RSA. • RSAs associated with hospitality uses are allowed to have amplified sound, but must comply with the City's noise ordinance. Amplified sound is not permitted after midnight. 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: See findings for general criteria 1 and 2 above. Surrounding uses are set at a much lower height: the tallest adjacent building will be 7 stories; the RSA will be located on the 121" story of the Hilton Garden Inn. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: All necessary access roads are already constructed in this portion of Iowa City. 5. Adequate measures have been or will betaken to provide ingress or egress designed so as to minimize traffic congestion on public streets. FINDINGS: Ingress and egress from the site are not applicable to the hours of operation, however, ingress and egress are provided from an alley to the north of the building and via the City -owned parking facility. 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: All other aspects of the RSA must meet the standards in the code, including lighting, sound, management plan, and other criteria related to the RSA use. 7. The proposed use will be consistentwith the Comprehensive Plan, as amended. FINDINGS: The subject property falls within the South Downtown Sub -district of the Downtown and Riverfront Crossings Master Plan. This area is recognized as an extension of the Downtown (the Downtown being north of Burlington Street). The plan describes South Downtown Sub - District, as "the most urban district outside the Downtown") in terms of development intensity and entertainment character. STAFF RECOMMENDATION: Staff recommends approval of EXC17-00006, a special exception to extend the hours of operation for a Rooftop Service Area at 318 South Clinton to 10:00 AM to midnight Sunday through Thursday and to 10:00 AM to 2:00 AM on Friday and Saturday, subject to the following conditions: • General conformance with the site plan submitted with regard to the size and location of the RSA. The RSA will be located on the 12'' floor of the hotel and be surrounded by an 8- foot high glass wall. All aspects of the RSA must conform with code standards, including lighting, sound, and management plan. ATTACHMENTS: 1. Location map 2. Floor plan for the proposed RSA. 3. Application materials Approved by: Tracy Hightshoe, Interim ktrctor, Department of Neighborhoo and Development Services I l _¢imIncp . III• s ril MWW ,1 � __ p p q0 p 11 p �► �iBp G�1 ee I 11 p Qa � O p n J F1 Cd q � P©H 11 I� a pp a�l «O a p u HAI �la.suo ,1 4 d, qOH �I l iimii g A p p 9 6 p Eli i n AI � 0 60 pip (full fu `©pCip u H tl J O Annnl u B � g1lYuYl --- N 11 4•Q • N i�'u0 �iid � �_� L - C: Specific Design Review Criteria: Our request for extended hours for the Vue rooftop Idining area) to coincide with state set hours is based an our belief that our establishment conforms to Iowa City zoning code allowing for special exemption for rooftop service hours not operating past set hours (10 pm Sunday -Thursday and 12:00 am (midnight) Friday and Saturday) in the city of Iowa City. In zoning code 14-4b 4 there is no mention of commercial use of roof top service area. Since there is no mention of roof top service area In the general sense of use, or the specific hours, we maintain there is interpretation that an extended hours exemption can be made. Our Rooftop is a unique element in Iowa City, being the only rooftop dining planed and designed for the specific purpose of rooftop dining. This purpose built indoor/outdoor dining venue deserves special consideration as no other building in Iowa City can adequately compare to what we are trying to accomplish in terms of service, style and execution. Vue Rooftop also conforms to all other zoning policy In place for proposed buildings. Our facility complies with all rules and regulations In reference to alcohol service in Iowa City (Title 4—Alcoholic Beverages), With the exception of the hours limitation stated in Iowa City zoning for which this exemption is being requested. We also believe that our facility at Vue Rooftop conforms to the design review criteria 14-3C-3 in regard to a well -constructed, state of the art building with aesthetic appeal and economic growth in terms of tourism and indlvidual growth through up to 120 full time jobs wfth benefits. In addition to design review criteria we assert that our building also meets criteria for general approval In Iowa City (14-4-C1), Vue Rooftop is a destination dining establishment requesting to extend our hours to the state set hours not to provide another drinking establishment; but to allow residents and tourists of Iowa City to more fully appreciate the atmosphere that Iowa City has to offer. Vue Rooftop is a unique piece of the Iowa City skyline and these hours will only enhance the opinion that all people will have of downtown Iowa City in the years to come. k ~ _V ®� \ !\ ' a _m ,__ Oil_ 2 IND , \ go§; ._ &. . . , ■ §§ §� 2 ) 4 9 [ u q _ % � ƒ ■ ) ! ) "/■ - ; | � . E; 2 Hi �/•|R . � !| |, Purpose of exception: We are efforting to make Vue Roof Top an the HNton Garden Inn to be exempt to the RFC -SD which stipulates that roof top service areas (RSA) are not to be operated after 12:00 AM. Our reasoning in requesting the exception is to operate Vue Roof Top outdoor patio with state regulated hours for established bars. We anticipate that our rooftop restaurant and bar will be very popular and drive new tourism visitors to downtown Iowa City, with the hotel itself expect to host over 54,000 sleeping room guests each year, with thousands more visiting the one of a kind rooftop. Section D, 1. All service staff will be trained to do ID checks for custamer coming into the restaurant Staff will also be trained to actively evaluate customers consuming alcohol and re -checks ID if proper identifying markings are not present (wrist -bands). The service staff will also actively monitor alcohol consumption of any individuals judged less than 40 years of age. All beverages containing alcohol will be measured accurately to Insure each alcoholic beverage consumed has the requiste amount of alcohol. Measurement will be done with Jiggers (spirits, cordials, liquors), graduated flask (wine) and containers of known volume (beer). We would also like to specifically state that this will not be a college bar type of atmosphere. 2. Vue rooftop is constructed with enhanced noise mitigating insulation to lessen the transfer of noise to hotel rooms below. A glass wall reaching 8' above the patios surface is in place around the perimeter of Vue Rooftop to deaden the transfer of noise to surrounding buildings and decrease the incident of objects being thrown off of the patio. Policy will be in place warning patrons that any attempt to throw objects of the roof will result in removal from the restaurant and successful attempts would initiate a call to ICPD, who would detain the individual until It could be ascertained that no damage was done by the projectile ejected from the roof, Quiet hours for the hotel immediately below the rooftop begin at 10:00 PM and as such, we have the expectation that late night noise coming from the rooftop will not be an issue for any neighboring facilities. 3. Vue Rooftop is a self contained structure and will be maintained, repaired and improved as needed to minimize any negative interaction with surrounding buildings 4. Vue Rooftop patio has a fully functional drainage system for the deck surface so no standing water will be present. Vue Rooftop has water supply to allow for the surface to be cleaned as needed. Three state certified elevators are In place to carry guests from Vue Rooftop to the 2nd floor where guests can exit to a parking garage. There are 7 stairwells serving Vue Rooftop in addition to the 3 elevators. 5. We expect many Vue Rooftop guests will also be guests of the Hilton Garden Inn itself, or of the other downtown Iowa City hotels. Vue Rooftop guests can walk using public streets, use public transit, or ride share service to arrive at the 328 S. Clinton where the building is located. Guests can park in the Dubuque Street Parking Ramp (325 5, Dubuque St.) and cross using a sky bridge to the Elevator landing that will take them to the Vue Rooftop 6, Vue Rooftop complies with all Heath, Fire and Safety codes in place. This is a newly built, state of the art building, in terms of all life safety expectations. 7. Vue Rooftop is a first of it kind in Iowa City and demonstrates the evolution of Iowa City. Vue Rooftop will supply jobs and added tax base into the city and county. As a key hospitality destination, we expect to partner with other downtown interests to ensure the downtown Iowa City area is as vibrant as can be, while also stressing safety and security to the highest possible standards. The hotel and rooftop restaurant will staff trained security personnel, who will be trained to not only ensure the safety of our guests, but also their utmost satisfaction in regards to ensuring they have a stress free evening of enjoyment, and any actions by guests who thwart the enjoyment of other guests would be dealt with quickly and professionally, E. all property within 300' of building a. State of Iowa Board of Regents (music shool), 301 S. Clinton St. b. 2500 LLC, 335 S. Clinton St. c. Johnson County, 417 S. Clinton St d. Hieronymi Partnership LLP, 314 5 Clinton St. e. 2600 LLC, 366 S. Clinton St f. 301 S. Holding Company, 301 S. Dubuque St g. City of Iowa City, 325 S. Dubuque St. h. United States of America (old post office), 28 S. 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"T STAFF REPORT To: Board of Adjustment Item: EXC17-00007 1075 Highway 1 West GENERAL INFORMATION: Prepared by: Sarah Walz Date: October 11, 2017 Applicant: RKM Investments LLC/Ryan Wear 1069 Highway 1 West, Unit B Iowa City, IA 319-331-4795 Contact: Duane Musser MMS Consulting 1917 South Gilbert Street Iowa City 319-351-8282 Requested Action: Location: Size: Existing Land Use and Zoning Special exception to allow a drive -through facility. 1075 Highway 1, West 0.919 acres Commercial eating establishment; Community Commercial (CC-2) Surrounding Land Use and Zoning: North: Highway 1, Residential (RS-5) South: Vacant, (CC-2) East: Shopping Center (CC-2) West: Shopping Center (CC-2) Applicable code sections: File Date: BACKGROUND: 14-4C-2K, specific criteria for drive-throughs:14-4B- 3A, general criteria September 15, 2012 The subject property is located in the Community Commercial (CC-2) zone along Highway 1 West. The property functions as part of a larger shopping center that includes a Walmart store and two fast food restaurants and s carwash. All uses share a main access drive (Westport Plaza) from a signalized intersection on Highway 1. The property also includes the Midtown Family Restaurant, which occupies the southern portion of the building. The northern portion of the building has been vacant for several years. The applicant is seeking to establish a drive -through facility in order to expand the market for the site, a particular use has not been proposed. A 13-foot driveway would be established between the building and the property line. The building itself would be modified (a portion of the north side of the building removed) to allow space for the drive -through lane and required setback A future use may provide potential walk-in service from the west side of the building and will use the west parking area for any required parking. Midtown Family Restaurant has its entrance and parking on the east side of the building. Entrance to the drive -through lane would be along the northeast side of the building, entering from the east parking lot and circulating back to the west side of the lot. 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 14-4C-2K pertaining to Drive -Through uses in addition to the general approval criteria for special exceptions as set forth in Section 14-413-3A. The applicant's comments regarding each of the 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 (14-4C-2K) a. Access and Circulation: The transportation system should be capable of safely supporting the proposed drive -through use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, effects on traffic circulation, access requirements, separation of curb cuts, and pedestrian safety in addition to the following criteria: (1) Wherever possible and practical, drive -through lanes shall be accessed from secondary streets, alleys, or shared cross access drives. If the applicant can demonstrate that access from a secondary street, alley, or shared cross access drive is not possible, the board may grant access to a primary street, but may impose conditions such as limiting the width of the curb cut and drive, limiting the number of lanes, requiring the drive -through bays and stacking lanes to be enclosed within the building envelope, and similar conditions. FINDINGS: Access to and from the subject property is from a shared cross access drive system that provides vehicle circulation through the shopping center. There is no driveway from the property directly onto Highway 1. A shared drive connects to a signalized intersection at Highway 1. (2) 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 chapter 5, article C, "Access Management Standards", of this title. FINDINGS: No new curb cuts are requested. As noted above the site is served by a private drive system that connects serves the entire shopping center with access provided from Highway 1. (3) An adequate number of stacking spaces must be provided to ensure traffic safety is not compromised. A minimum of six (6) stacking spaces is recommended for drive - through facilities associated with eating establishments and a minimum of four (4) stacking spaces for banking, pharmacies, and similar nonfood related drive -through 3 facilities. "Stacking spaces" shall be defined as being twenty feet (20') in length and the width of a one lane, one-way drive. The board may reduce the recommended number of stacking spaces if the applicant can demonstrate that the specific business has unique characteristics such that the recommended number of parking spaces is excessive (i.e., a drive -through that is to be used for pick up only and not ordering). FINDINGS: The submitted site plan shows space for 2 cars to stack between the pickup window (located at the west end of building) and the order board with three additional stacking spaces at the order board. An isEand dividing the entry to the drive -through lane may provide space for an additiona4 car to stack outside the shared drive that serves the east parking area. There is ample space for additional stacking within the east parking area. (4) Sufficient on site signage and pavement markings shall be provided to indicate direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to ensure safe vehicular and pedestrian movement. FINDINGS: The site plan materials submitted by the applicant indicate directional signage at the entry to the drive through lane. Staff recommends that a directional sign for the drive -through be provided at the east drive entrance to Lot 3 to direct traffic directly to the drive -through lane. b Location: (1) In the CB-2 zone and in all subdistricts of the Riverfront Crossings district located east of the Iowa River, drive -through lanes and service windows must be located on a nonstreet-facing facade. In all other locations where drive-throughs are allowed, this location standard must be met, unless the applicant can demonstrate that a street -facing location is preferable for the overall safety and efficiency of the site, does not conflict with adjacent uses or pedestrian access, and does not compromise the character of the streetscape or neighborhood in which it is located. FINDINGS: The drive -through lane is located between the building facade and the highway. Given the current configuration of the site and building it is most logical for the drive -through to circulate around the north side of the building. The topography of the site places the drive - through lane location approximately 12-15 feet below the grade of the highway. This drive - through lane is separated from areas of property where there may be conflicts with pedestrians, The view of the drive -through lane or glare from lights will be partially screened by the change in elevation —at least from properties to the north of the highway and vehicles traveling in the westbound lanes. The S2 screening standard is intended to reduce the visibility of cars and lights at grade. Staff recommends enhanced landscaping along the northwest corner of the site, including additional trees in order to soften views of the drive -through from the street and to minimize the views of the headlights for eastbound traffic. This will also help to fulfill a goal of the South Central District Plan, which calls for enhanced landscaping along the Highway 1 entryway to Iowa City. The quality of landscaping that is established along several other commercial properties on Highway 1 (i.e. the Walmart site as well as the various car dealerships, Culvers, Aldi, etc.) should serve as a model for the subject site. (2) Drive -through lanes must be set back at least ten feet (10') from adjacent lot lines and public rights of way and screened from view according to the design standards below. FINDINGS: The proposed drive -through lane is setback more than 10 feet from the north property line (the nearest property line). c. Design Standards: The number of drive -through lanes, stacking spaces, and paved area necessary for the drive -through facility wilt not be detrimental to adjacent residential 4 properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located. The Board of Adjustment may increase or reduce these standards according to the circumstances affecting the site. FINDINGS: The subject property is located within a commercial shopping area. The character of the area is auto -oriented. Property to the west is currently undeveloped owned by the City of Iowa City for the purpose of airport runway clearance. Property to the north is residential. Distance and a significant change in elevation provide a buffer between residential and commercial uses. The applicant has proposed a single drive -through lane along the north side of the building. Stacking to the north and, if necessary, to the northwest of the building would not conflict with pedestrian circulation. Maintaining stacking space along the north side of the building also minimizes conflict with the use that shares the site (Midtown Family Restaurant). Providing two order boards in the location of the drive -through entrance may minimize the potential for traffic to stack in the east parking area. c. Design Standards (1) To promote compatibility with surrounding development, the number of drive -through lanes should be limited such that the amount of paving and stacking space does not diminish the design quality of the streetscape or the safety of the pedestrian environment. FINDINGS: As noted above the commercial site is set at a lower elevation than the highway. Uses within the shopping center are oriented toward the interior drives rather than toward the highway. The highway commercial character is auto -oriented, however the South Central Plan calls for landscaping along commercial sites to provide a pleasing entrance to the city. This has been achieved on several other commercial sites, including the Walmart and nearby automobile dealerships. Landscaping for the site should complement and be of equal quality to these nearby uses. (2) Drive -through lanes, bays, and stacking spaces shall be screened from views from the street and adjacent properties to the S2 standard. If the drive -through is located adjacent to a residential use or property zoned residential, it must be screened from view of these properties to at least the S3 standard. FINDINGS: As noted above, S2 screening will be provided within the required 10-foot setback area along the north side of the building. Staff recommends enhanced landscaping, including several trees, along the northwest corner of the site. (3) Multiple windows servicing a single stacking lane (e.g., order board, payment window, pick up window) should be considered to reduce the amount of idling on the site. FINDINGS: There may be opportunity for the applicant to provide two order boards at the northeast entrance point to the drive -through lane. This could minimize stacking along the east side of the building at peak hours. (4) Stacking spaces, driveways, and drive -through windows shall be located to minimize potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding landscape and streetscape design of the neighborhood in which it is located. FINDINGS: The drive -through lanes are located toward the rear of the site and away from pedestrian areas and the entrance to the Midtown Family Restaurant. Recommended stacking spaces (5-6 spaces for fast food or coffee) should be provided along the north side of the building. Regular stacking to the east side of the building should be minimized as much as possible. (5) Lighting for the drive -through facility must comply with the outdoor lighting standards set forth in chapter 5, article G of this title and must be designed to prevent light trespass and glare onto neighboring residential properties. FINDINGS. Any changes to lighting for the development must be reviewed by the building official and must comply with the standards in the zoning code in order for an occupancy permit to be issued. (7) Loudspeakers or intercom systems, if allowed, should be located and directed to minimize disturbance to adjacent uses. Special consideration should be given to locations adjacent to residential uses to ensure such systems do not diminish the residential character of the neighborhood. FINDINGS: As noted above, the surrounding properties and uses are commercial. Order boards and service windows are set at a lower elevation from the highway and from residential uses to the north of the highway. The submitted site plan indicates that the 10-foot setback and required landscaping can be provided along the drive -through lane. Staff recommends enhanced screening along the northwest corner of the site. 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. FINDINGS: The drive -through is located along the north side of the building, away from the entrance of the Midtown Family Restaurant on the east side of the buildings and any future entrance for walk-in service on the west side of the building. 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. FINDINGS: The surrounding uses are commercial in character and, due to their location along a busy highway, they are auto -oriented. The proposed site plan shows the required S2 landscaping along the drive -through lane. Staff recommends enhanced landscaping along the northwest corner of the site. Staff also recommends that the final plan to be approved by planning staff in order to ensure that new landscaping contributes to the aesthetic improvement of the Highway 1 entryway. Landscaping should be of equivalent quality to other uses along the highway as noted elsewhere in this report (see general criterion #7 below). 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: Seel and 2 above. 4. Adequate utilities, access roads, drainage andlor necessary facilities have been or are being provided. FINDINGS: All access roads, utilities, and drainage are in place 5. Adequate measures have been or will betaken to provide ingress or egress designed so as to minimize traffic congestion on public streets. FINDINGS: As noted above, access to and from the site is from a common driveway system that serves the shopping center. All stacking will be on the private property. The main access drive from Highway 1 is at a signalized intersection. S. 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: All other aspects of the site not specifically addressed here (e.g. lighting, signage, changes to building facade, any modifications to the parking area, etc.) will be reviewed as part of building permit and site plan process and must meet current code standard. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. FINDINGS: The South Central District Plan indicates this area as appropriate for general commercial uses. While the plan does not address this particular use, it does call for improved landscaping along Highway 1 as a main entryway to the city. Over time, with the development of the Walmart site and nearby auto dealerships as well as the Aldi site, consistent and appealing landscaping has been established. The landscaping for this property should contribute to the overall aesthetics of the highway entrance. STAFF RECOMMENDATION: Staff recommends approval of EXC17-00007 to allow a drive -through facility for property located at 1075 Highway 1 West, subject to the following conditions: • General compliance with the site plan submitted with additional recommendations of staff for screening along the north and northwest portions of the site: S2 landscaping along the north side of the drive -through lane and additional trees, including shade trees along the northwest corner of the property. A final landscape plan must be approved by planning staff_ • All lighting and signage for the property must comply with current code standards for the zone in which the property is located. • All modifications to the building must comply with current zoning code standards. • For drive -through pick up of food or beverages, the drive -through lane should provide no fewer than 5 stacking spaces along the north side of the building. ATTACHMENTS: 1. Aerial views of the proposed location. 2. Location map 3. Site plan materials 4. Application materials Approved by Tracy Hightshoe, Interim Di for Department of Neigh borhoo and Development Services 7 IK ¢h N w vl 0 0 0 0 N N a a ¢ ¢ ¢ ¢ ¢ It to 4(1 N N N It N t On I� T .E Q1 N N N v tou N N E v c E a En � �8 ��v� s w N U K N i� K K K N -. 0 d N O N N y fr N N N C (o (b N of a: N K a 11111 1 - p Z m N v OEM I w �s (7) z x —LU a 1- - I I1I LI 1r r '♦I i II I�F 11'p IM1 e5 ♦ 4- _ y�1m ,p Ia P I i I I�/ 1 , 1 \ �`1 3@N", y�l B •� \ 'tc ,9 1 tip• IN �3 APPLICATION TO THE BOARD OF ADJUSTMENT -SPECIAL EXCEPTION - DATE: 9/15/17 PROPERTY PARCEL NO. 1016366001 PROPERTY ADDRESS: 1075 Highway 1 West PROPERTY ZONE: CC2 PROPERTY LOT SIZE: 0.919 acres APPLICANT: Name: RKM Investments LLC / Ryan Wear Address: 1069 Hwy 1 West, Unit B, Iowa City CONTACT PERSON: {if other than applicant) PROPERTY OWNER: (if other than applicant) Phone: 319-331-4795 Name: Duane Musser Address: 1917 S. Gilbert St., Iowa Ci!*_' Phone: 319-351-8282 j Name: RKB Investments LLC Address: 1069 Hwy 1 W, Unit B, Iowa City Phone: 319-331-4795 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-walz@jowa-city.org. Purpose for special exception: Drive-thru facilities are allowed In Zone CC-2 if they are permitted by special exception, according to Table 4C-1 of the Zoning Code. Date of previous application or appeal filed, if any: NIA -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, providespecific information, not just opinions, that demonstrate that the specific requested special exception meets the general approval criteria listed below or that the approval criteria are not relevant in your particular case. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The proposed drive-thru lane will route the cars around the northwest side of the building. A portion of the building will be removed to maintain the required setbacks in this district. An area of raised pavement will be added to separate the driving lanes from pedestrian areas. This design will ensure the separation of pedestrian areas from vehicular areas, thereby maintaining the safety, comfort, and welfare of the public- 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. This building has always been designed for commercial uses. Adding a drive-thru lane to accommodate food service, banking, or pharmacy needs will not alter or diminish any property values. Required setbacks are being maintained and appropriate screening will be provided according to design standards. 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. This proposed special exception will not alter any proposed developmervin the area, it is consistent with other uses in the area currently. There is,a,drW'p-thra_iA lane located adjacent to the property already. —_ cn F- o M :3Z �7 :a 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Utilities are already existing on the property. A minimal amount of pavement will be added to complete this drive-thru lane, so it will not adversely affect the current drainage patterns on the site. The current secondary street access road will be utilized, so the transportation system will be capable of safely supporting the proposed drive-thru in addition to the current uses in the area. IM 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. The proposed site plan shows six stacking spaces, which will minimize traffic congestion. There is also a clear traffic pattern for the drive-thru which will allow vehicles to move efficiently through the area. Clear signage and pavement markings will direct vehicles in a safe manner. 6. Except for the specific regulations and standards applicable to the special exception being considered, the specific proposed exception in all other respects conforms to the applicable regulations or standards of the zone in which it is to be located. [Depending on the type of special exception requested, certain specific conditions may need to be met. The applicant will demonstrate compliance with the specific conditions required for a particular use as provided in the City Code section 14.413 as well as requirements listed in the base zone or applicable overlay zone and applicable site development standards (14-5A through K) j The applicant intends to work with the City to insure the requirements are met Y. The proposed use will be consistent with the Comprehensive Plan of the City. The comprehensive plan of the city identifies this area as commercial development. This proposed exception is consistent with commercial uses. N rK r 0 I MINUTES BOARD OF ADJUSTMENT JULY12,2017 EMMAJ. HARVAT HALL, CITYHALL MEMBERS PRESENT MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT CALL TO ORDER: Gene Chrischilles, Becky Soglin, Tim Weitzel Connie Goeb, Bryce Parker Susan Dulek, Sarah Walz Vicky Stadther The meeting was called to order at 5:15 PM. ROLL CALL: PRELIMINARY 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 JUNE14,2017 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 CC-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 currentzoning 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 directly 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 direction. 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 C13-2 zone and in all subdistricts 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 located 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 (10') 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 spaces 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 ortrucks 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 complywith 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 closer 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 th Soglin opened the public hearing. e 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 the 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 would 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 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. • 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. C-4 W_ W_ X X X O O a X X X X X 0 X X X X X LO w X X X X v O X X X X X v a X X X X rn X X X X cq o X X X X rn O cq N X X X X W X X X X W O X X X X 00 d X N O O CO w 0 0 0 0 0 w F w w W ~ W W } w U m J m F O U U Z w Y a 0 ~ aW W z t07 U v0i W Y