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HomeMy WebLinkAboutBOA 8.8.18 PacketMINUTES PRELIMINARY BOARD OF ADJUSTMENT JUNE 13, 2018 – 5:15 PM EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Gene Chrischilles, Connie Goeb, Ryan Hall, Bryce Parker, Tim Weitzel MEMBERS ABSENT: NONE STAFF PRESENT: Susan Dulek, Sarah Walz OTHERS PRESENT: Barik Kuku, Brian Skay CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Chrischilles outlining the role and purpose of the Board and the procedures that would be followed the meeting. CONSIDER THE MAY 9, 2018 MINUTES: Goeb moved to approve the minutes of May 9, 2018, with correction. Parker seconded the motion. A vote was taken and the motion carried 5-0. SPECIAL EXCEPTION ITEM EXC18-00006: Discussion of an application submitted by Sudanese Community Center to locate a General Community Service use in the Intensive Commercial (CI-1) zone at 536 Southgate Avenue. Walz began the staff report showing an aerial view of the commercial neighborhood, noting the major streets around the area are Keokuk and Boyrum Streets and Southgate Drive. Walz noted there is no parking allowed on any of those streets. The area on Keokuk does transition to more of a general commercial zone, the same is true along Highway 6, but the surrounding properties of the subject property are CI-1 (Intensive Commercial) properties. The Sudanese Community Center is seeking to locate in the Intensive Commercial (Cl-1) zone and Community Service uses are allowed in the Cl-1 zone by special exception, this community center falls under a classification of general community service use, there is also another community service use of community service shelter (i.e. Shelter House). The general community service use includes community centers; neighborhood centers; youth club facilities; some social service facilities; vocational training facilities for the physically or mentally disabled; etc. The zoning code notes that this use is distinct from religious institutions and private clubs and lodges (i.e. Elks, VFW), which are classified as religious/private group assembly uses. The building Board of Adjustment June 13, 2018 Page 2 of 7 was previously used as an office, the applicant is proposing to use the space as the main center for their organization, which provides language classes, citizenship, and cultural classes (such as music and stories), a library, and general assistance and counseling for new immigrants and refugees settling in the Iowa City area. Most activities for the organization take place in the evening or on weekends. The purpose of the Intensive Commercial (Cl-1) zone is to provide areas for those sales and service functions and businesses whose operations are typically not high traffic generating and have a need for outdoor storage such as repair and sales of large equipment or motor vehicles. Properties that surround the proposed site include vehicle repair and contractor storage and back office uses related to building trades. To allow for the Community Service Use there is only one specific standard which is: The proposed use will not significantly alter the overall character of the zone and will not inhibit future development of uses for which the zone is primarily intended. The Board will consider such factors as size and scale of the development, projected traffic generation, and whether adequate transportation, transit, and pedestrian facilities exist to support the proposed use. Based on the applicant's statement Staff had recommended approval as the principal use of the property will be for classes and community outreach to assist new immigrants and refugees with settlement in the area. Large events and general assembly were not proposed as a regular function of the use, although the applicant did note on occasion they may wish to hold some gatherings at the site. The property meets the minimum parking requirement of 7 spaces for the community service use based on the square footage of the building: 1 space per 300 square feet of building area. Two additional spaces could be stacked along the drive east of the building. This amount of parking should be sufficient for most small group uses—those requested on the applicant's statement. The property does not have adequate off-street parking for large group events. Parking is prohibited on Southgate Avenue and Boyrum Street and is not allowed on adjacent private properties. Given the limited amount of off-street parking on the site and the restrictions on on- street parking on Southgate Avenue, Boyrum Street, and Olympic Court, staff recommends that the applicant provide a plan for communicating to its members alternatives (e.g. bus or carpooling to events) as well as where off-site parking may be found in the neighborhood. Walz stated the applicant is currently occupying the property with a temporary use permit. In the few weeks they have been on site there have been a few large events that have caused some concern for the neighbors in terms of the need for overflow parking, so for that reason Staff is recommending deferral of this application for one month to explore parking options for larger events and also get clarification from the applicant on their proposed use of the property. While staff agrees the site is appropriate for the smaller events described in the application, larger events at this site should be limited due to the size of the property and the real limitation on parking in the area. Walz added staff did feel since the surrounding businesses uses have a lot of outdoor storage there were some security issues for this area. She noted the outdoor area to the rear of the building is fenced on two sides, providing separation and security for outdoor storage areas on the adjacent sites. Fencing around the perimeter of this area (north, east, and west sides) is needed to separate incompatible uses and to discourage trespass on to adjacent Cl-1 properties where outdoor storage of materials and vehicles are a common use. Staff also feels a fence will ensure only the correct driveways are used for the Center and surrounding businesses. Staff recommends deferral of EXC18-00006, an application for a General Community Service Board of Adjustment June 13, 2018 Page 3 of 7 Use in the Intensive Commercial (Cl-1) zone at 536 Southgate Avenue until the next meeting. Parker asked if the temporary permit will expire before the Board meets again. Walz assured the Board that the permit would not expire. Chrischilles asked what was happening at 1925 Boyrum Street, a building with a large parking lot. Walz said it is owned by Plumb Supply and they have fenced in the area to store outdoor supplies. Parker asked what business was at 525 Olympic Court. Walz replied that one of those building was the GymNest, an indoor recreational use classification. Hall asked if the deferral was for staff to have more time to explore the parking issues. Walz confirmed that was the case, and the overall application became a bit more complicated than they originally thought. Staff felt additional time would allow the applicant and staff a better understanding of how the property can be used to make sure they are making the right recommendation. Weitzel asked if there would be any residential aspect of this building and Walz stated there would not be any residential component. Chrischilles asked about the larger gatherings and what was the concern from those gatherings. Walz explained there was concern was the impact on neighbors regarding parking in their lots, which needs to be discouraged, and that the principal use of the property as proposed in the application was smaller uses such as classroom uses, etc. Larger assemblies should be irregular occurrences. Weitzel noted if there was to be occasional large group events, it is recommended the applicant seek a temporary use permit. Walz stated with a temporary use permit it would allow staff to work with the community center to create a plan for overflow parking and communication, as well as dealing with litter and trash, especially if outdoor events. Walz noted it is not uncommon to have other community service uses in CI-1 zones and using temporary use permits and management plans to avoid conflicts. Weitzel asked about the temporary use permit process. Walz said it only takes a few days, especially if a management plan is in place, but temporary use permits should be occasional in nature—not frequent. Hall is concerned about several of the neighbors’ comments and noted he has been to a number of Sudanese events and they are quite large so he is concerned about them finding another location outside of the community center to hold the events. Walz said for regular large events, this would not be an appropriate site, for occasional large events if may be okay. Staff reviewed this application looking at the site for the small classroom use needs of the applicant, not the large events, if they will have regular large events then staff doesn’t feel the site is appropriate. It is up to the Board to decide if the use fits into this zone, the responsibility is to the zone and what the intended uses in the zone are. Parker asked if there was a way to permit street parking. Walz stated that is something staff can discuss over the next month and see if appropriate use of a temporary use permit. The City has allowed temporary use permits for street parking (such as for churches and use during funerals). She noted Southgate Drive is listed in the Bicycle Master Plan as a bicycle route so staff would need to see if it would be appropriate to accommodate on street parking in that area. Hall asked what the building capacity for this subject property is. Walz said the occupancy is 40 (1 person per 50 square foot). Board of Adjustment June 13, 2018 Page 4 of 7 Chrischilles asked if there has ever been a situation where the City has put a limitation on the number of temporary use permits a business or organization can have. Dulek said staff can research that and provide that information at the next meeting. Chrischilles opened the public hearing and invited the applicant to come forward. Badrik Kuku came forward on behalf of the Sudanese Community Center. He stated they have only been residents of Iowa City for six or seven years but want to integrate more into the Iowa City Community. He understands parking is the issue, he noted some of the community are not familiar with the area and can end up in areas where they are not supposed to go and he said they are working with people to orient them to the area and the rules. In response to a question from the Board, the applicant said the Sudanese community in Iowa City is around 5,000 to 6,000 but he understands their facility only has the occupancy of 40 to 50 and they are working hard to address attendance at events. Hall asked if there are other venues the Sudanese community could use for larger events. The applicant stated they do use Kirkwood Community College spaces or the Rec Center and also the public parks. He noted they do not have budgets to rent spaces like hotels or conference centers. Weitzel asked if the Sudanese Community Center requires a membership. The applicant said when they moved from South Dubuque Street to Southgate Drive they had about 450 members but not all are active, they have created a steering committee to organize better. Chrischilles asked if they have religious services at their facilities. The applicant said they normally do not practice religious services, as Muslim believers they practice the five times prayers daily. Chrischilles asked what they use the Center for, just language classes and citizenship classes. The applicant added he is a certified coach and coaches the children in soccer as most cannot afford other avenues to play and learn soccer. Brian Skay (1936 Boyrum Street) is the owner of Skay Auto Services, he started his business almost 20 years ago, and bought the property and then six years ago bought an adjoining property and expanded his business services. When he was looking to expand his business six years ago the City told him he would not have adequate parking to do so they had to remove part of an existing building to increase the parking. Additionally, to meet the Code, they had to do some buffer strips, add external lighting over the parking lot, add trees and shrubbery, enclose the dumpsters, to which they complied. Currently it is a fully functioning auto repair shop and for the past almost 20 years there has not had any problems with neighboring activities. He has kept track for the past month or so of activities at the Sudanese Community Center. On May 12 there was a large party in the backyard with a large white tent and lots of chairs. The next day he had to come to work and clean up trash in his parking lot and around his building. He has surveillance cameras around his property and witnessed many trespassers walking across his lot and parking in his lot. Skay spoke to someone from the Sudanese Community Center on May 17 and explained his issues with the trespassing, parking and trash issues. On May 20, Skay came to work to see that the Sudanese Community Center had mowed their back yard and blew the grass onto his driveway, which can be a problem because they are pulling cars into their climate control shop to perform computer diagnosis, and it also tracks into the customer cars. Again he spoke to someone at the Center (different than the previous individual) and shared the concern about the grass and shared a flyer from the City regarding grass clippings. On June 2 the Board of Adjustment June 13, 2018 Page 5 of 7 surveillance cameras showed someone looking into the windows of his shop, which was actually the Center mowing the yard at 10:30pm and the lights from the mowers were reflecting into his shop. There was also a party with more trespassing, including little kids in his parking lot, and Skay is concerned about the customer cars. He stated cars can be dropped off anytime day or night so therefore he cannot put up a fence around his property, he also said while they are mainly open 8-5:00 there are technicians that work late or on weekends to complete jobs. On June 3 he spoke again to a Center representative about the grass clippings and on June 4 he emailed Walz about the issues. On June 9 there was another party at the Center, cars were again parked in his lot and left litter. Skay wants to be a nice neighbor and continues to talk with folks from the Center and have what he feels are productive dialogues, but nothing changes. On June 10 the Center began to install a fence, while doing so they trespassed on his property and spray painted his concrete to mark poles and come to find out they did not get a permit for the fence. Skay agrees putting up a fence would help with the pedestrian traffic, but currently there is a volleyball net set up in the back yard and the fence will not keep the ball inside the yard, it could bounce over. Skay is concerned about people climbing over the fences to retrieve the balls, not only on his property but also the ImOn Communications property on the other side of the Center. Skay has pictures of the area he can share with the Board, he reiterated after talking with representatives from the Center and also Walz these are his main concerns. He added he has spoken with three different people from the Center who say they are “in charge” so he isn’t sure who is the correct person to speak with there. Skay said he has signs posted on his property that vehicles will be towed if trespassing on the property and the police have been alerted. Skay wanted to communicate that he feels the Sudanese Community Center has a great vision and needed in the community however he doesn’t feel the zoning is appropriate for that vision in this area. Allowing this application to move forward will only add to problems to his business and the overall vision of the zone. Badrik Kuku stated he did have a good conversation with Skay and therefore feels it shows this is a good neighborhood for the Center with good neighbors. He understands the concerns of Skay but feels it is too early to judge the Sudanese Community Center for things that have happened and would like an opportunity to work with the community to understand make all folks of the Sudanese Community Center follow correct guidelines. Chrischilles asked if there was more than one person in charge of the Center. The applicant stated he is the one in charge, the other two gentlemen Skay talked to did bring the issues to him and they sat as a committee and discussed it. Goeb asked when the Sudanese Community Center moved to this location. The applicant replied it was May 1, 2018. Weitzel moved to defer EXC18-00006 until the next meeting. Goeb seconded the motion. Weitzel stated deferral is the right thing to do as there are a number more issues staff needs to follow up with and it is too soon to make a decision tonight. Chrischilles agreed, more information is needed and look for other options for parking. A vote was taken and the motion carried 5-0. Chrischilles noted the public hearing for this item is still open for the next meeting. Board of Adjustment June 13, 2018 Page 6 of 7 BOARD DISCUSSION: Update on TSB Holdings, LLC, and 911 North Governor, LLC, vs. Board of Adjustment City of Iowa City. Walz provided the decision form the Iowa Supreme Court, it is complex (as was the case the Board considered), and is being provided to the Board as a point of information, it is not a time for discussion. Dulek noted this case could come back before the Board in some iteration or aspect and that is why no discussion of the case should happen. She said there were actually two lawsuits, one challenging the City’s rezoning which the Supreme Court proved (stating it was legal) and the other was an appeal of the Board of Adjustment’s denial of a site plan which was remanded back to the District Court. ADJOURNMENT: Goeb moved to adjourn this meeting. Parker seconded. A vote was taken and the motion passed 5-0 BOARD OF ADJUSTMENT ATTENDANCE RECORD 2017-2018 NAME TERM EXP. 4/12 5/10 6/14 7/12 10/11 12/11 2/14 5/09 6/13 CHRISCHILLES, T. GENE 1/1/2019 X X X X X X X X X GOEB, CONNIE 1/1/2020 X X X O/E X X O/E X X HALL, RYAN 1/1/2023 -- -- -- -- -- -- X X X PARKER, BRYCE 1/1/2022 O/E X X O/E X X X X X SOGLIN, BECKY 1/1/2018 X X X X X X -- -- -- WEITZEL, TIM 1/1/2021 X X X X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member