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Home My WebLink AboutBOA Packet 7.10.19.pdfIOWA CITY BOARD OF ADJUSTMENT MEETING Wednesday, July 10, 2019 – 5:15 PM City Hall, 410 East Washington Street Emma Harvat Hall AGENDA A. Call to Order B. Roll Call C. Consider the May 8, 2019 minutes D. Special Exception Item 1. EXC19-05: An application submitted by MidAmerican Energy for a special exception to allow for a basic utility in a Commercial Office (CO-1) zone to build an electric substation located at the southwest corner of the Prairie du Chien overpass of Interstate 80. 2. EXC19-06: An application submitted by ImOn Communications Company for a special exception to allow for a basic utility in a Community Commercial (CC-2) zone to build a telecommunication hub located at 2211 F St. G. Adjourn NEXT BOARD OF ADJUSTMENT MEETING: Wednesday, August 14, 2019 If you will need disability-related accommodations in order to participate in this meeting, please contact Jesi Lile, Urban Planning at 319-356-5240 or at jessica-lile@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. 1 STAFF REPORT To: Board of Adjustment Prepared by: Jesi Lile, Associate Planner Item: EXC19-05 Date: July 10, 2019 Parcel Number: 0734486001 GENERAL INFORMATION: Applicant: Christopher Pose on behalf of MidAmerican Energy Company PO Box 657 Des Moines, IA 50306 515-243-8157 cpose@lolaw.com Contact Person: Jon W. Austin 106 E 2nd St, Davenport, IA 52801 563-333-8890 jwaustin@midamerican.com Property Owner: Foster Road Developers, LLC 340 Herky Street, North Liberty, IA 52317 319-351-2028 gstiltner@stillnerelectric.com Requested Action: Special exception to construct a basic utility consisting of an electric substation in a Commercial Office (CO-1) zone Purpose: To provide a reliable base of electric power to the area Location: The southwestern corner of the Prairie du Chien overpass of Interstate 80 Location Map: 2 Size: 3.11 Acres Existing Land Use and Zoning: Vacant, Commercial Office (CO-1) Surrounding Land Use and Zoning: North: Residential; County Residential (R) East: Residential; Low Density Single-Family Residential (RS-5) Residential; Rural Residential (RR) South: Vacant/Residential; High Density Single Family Residential (RS-12) Residential; Low Density Multi-Family Residential (RM-12) West: Vacant; High Density Single Family Residential (RS-12) Applicable Code Sections: 14-4B-3A, General Criteria for Special Exceptions 14-4B-4D(1B), Basic Utilities in Commercial and Industrial Zones File Date: June 6, 2019 BACKGROUND: Mid-American Energy is seeking a special exception to build an electric substation off of Prairie du Chien Road just south of Interstate 80 on Lot 1 of the Forest Hill Estates Subdivision. The property is zoned Commercial Office (CO-1). Basic Utilities are allowed in Commercial Office zones by special exception, and must meet certain screening and compatibility requirements. The purpose of this electric substation is to provide a more reliable base of electric power to the surrounding area in order to provide for increased growth and increased demand for electricity. There are currently seven other substations in Iowa City, the earliest installed in the 1960s and the latest in 2003. Electric substations provide a necessary utility for the surrounding area, and must be located near the area where they are supplying power so they can tie into existing transmission lines. MidAmerican held a Good Neighbor Meeting on Wednesday, June 26. Ten people attended, and while they understood the need for a new substation, issues were raised about noise and making sure the neighboring property owners at 1823 Prairie du Chien Rd were compensated adequately. MidAmerican representatives told the neighbors they were in negotiations with the property owners with hopes to buy their property, and that the noise from the substation would not be noticeable over the noise from the interstate. Neighbors were also told about the proposed landscaping plan and had no issues with the planned screening. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare; to conserve and protect the value of property throughout the city; and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the specific criteria included for Section 14-4B-4D(1B), pertaining to Basic Utilities is Commercial and Industrial Zones as well as the General Standards laid out in Section 14-4B-3. 3 In order for the Board of Adjustments to grant this special exception request, each of the following criterion below must be met. The burden of proof is on the applicant, and their comments regarding each criterion may be found on the attached application. Staff comments regarding each criterion are set below. Specific Standards: 14-4B-4D(1b2): Basic Utilities in Commercial and Industrial Zones And ID-C, ID-I, and ID-RP Zones: b. Basic Utilities Not Enclosed Within a Building: (2) In all commercial zones, the RDP and ORP zones, and the ID-C and ID-RP zones, basic utilities not enclosed within a building are permitted only by special exception. Proposed uses must be screened from public view and from view of any adjacent residential zones to at least the S3 standard. In addition, the applicant must provide evidence that the proposed use will be compatible with surrounding structures and uses with regard to safety, size, height, scale, location, and design, particularly for facilities that will be located close to or within view of a residential zone. For uses located in highly visible areas, the board may consider additional design elements such as masonry or brick facades, and walls or fencing to improve public safety and to soften the visual impact of the proposed use. Water and sanitary sewer pumps or lift stations approved by the city as part of subdivision or site plan approval do not require special exception approval from the board of adjustment. FINDINGS: • The applicant has shown screening above S3 on the landscaping plan submitted. This plan has been reviewed by the Development Regulations Specialist and City Horticulturalist. Staff recommends a condition that the proposed substation must adhere to the landscaping plan submitted, dated June 20, 2019 (Attachment 5). o At the time of planting, 31 trees will be six feet tall with additional plantings that are shorter. o At the time of maturity all of the plantings will be eight feet or taller, with 23 of the trees over 40 feet. • The proposed site for the substation is currently surrounded by mainly vacant land. There is one house currently occupied located at 1823 Prairie du Chien Rd and plans for townhomes to the southwest of the proposed substation as well as a senior living currently being constructed. See below for and updated location with adjacent existing and future residential development. 4 • The proposed substation would have a 158’ by 210’ footprint. • The proposed substation would have two 50’ high dead-end structures that would receive transmission lines as well as 50’ high shield masts. • The senior living currently under construction will have 53 units be three stories tall (approx. 35 feet) • The residence at 1823 Prairie du Chien is a one-story home with just over 1,100 square feet of living area. • The proposed substation would be at approximately the same elevation as the surrounding properties. • The proposed substation is larger in both footprint and height than surrounding residential development, but the applicant is attempting to mitigate these impacts through landscaping, and has been in contact with the property owners of 1823 Prairie du Chien Road about purchasing the property. • The proposed substation fence will be approximately 32 feet from the south property line and approximately 55 feet from the east property line. • The applicant proposes surrounding the substation with a seven-foot high chain-link fence with 3 strands of barbed wire on top, making the fence eight- feet tall in total. Approx. Proposed substation site 1823 Residence Senior living currently under construction Potential Future Development 5 General Standards: 14-4B-3: Special Exception Review Requirements: In order for the Board of Adjustments to grant this special exception request, each of the following criterion below must be met. The burden of proof is on the applicant, and their comments regarding each criterion may be found on the attached application. Staff comments regarding each criterion are set below. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. FINDINGS: • The proposed substation will provide a reliable base of power to the surrounding area. • There are other substations in Iowa City near residential areas that have operated without reported health and safety issues. 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 applicant provided sound estimates at distances from the transformer to the property line: o North Property Line (approx. 30 meters) – 43 dB o East Property Line (approx. 35 meters) – 42 dB o South Property Line (approx. 48 meters) – 39 dB o West Property Line (approx. 90 meters) – 34 dB o For comparison, 40dB is approximately the level of noise of a library, bird calls, and ambient urban noise. • Staff measured sound coming from the interstate from the west side sidewalk along Prairie du Chien nearest the proposed substation location and found that the noise levels at 1:45 pm were approximately 65 dB. • While sound in cumulative, the addition of anything that has a difference of more than 10 dB results in the higher noise level being the total noise level. • Foster Road Development owns the majority of the land in the immediate area. • The land to the southwest and further west along the Foster Rd extension was recently rezoned to allow for residential development, including both townhomes and a larger-scale senior living facility. These projects are not being built by the current property owner. The senior facility is currently under construction, and the property owner is in negotiations with another developer for townhome construction to the south of the proposed substation. The substation fence would be approximately 32 feet from the property line. 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. FINDINGS: • Past substation projects have shown that residential and other development continues in the surrounding vicinity. The applicant has submitted photos of other 6 substation sites in the Iowa City area that show residential development abutting substations (Attachment 6). o The substation at 1630 Lower Muscatine Rd was built in 1962, and residences directly next to the substation were built in 1962, 1963, 1964, & 1965. The closest residence is approximately 60 feet from the substation fence. o The substation at 1120 Mormon Trek Blvd was built in 1980, and residences directly next to the substation were built in 1987. 1988, 1990, and 1996. The closest residence is just over 20 feet away from the substation fence. • The closest residence to the proposed substation is approximately 100 feet from the substation fence and over 120 feet from the proposed transformer. • The Foster Rd extension is currently being built and Foster Road Developers plans to exchange property with MidAmerican if the substation is approved. • There is a senior living project currently under construction on Foster Road to the southwest of the proposed substation. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: • The proposed site would be accessed off of the Foster Rd extension. • The proposed substation would be installing electricity to serve the area. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • The future intersection of Foster Rd and Prairie du Chien Rd will be controlled by a stop sign on Foster Rd. • Post-construction the proposed substation will produce minimal traffic – typically one truck a month and more if there are issues with the substation. What traffic it does produce would be routine maintenance and inspections on site, not a permanent employee presence. 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. FINDINGS: • The Commercial Office (CO-1) zone is intended for offices, businesses, apartments, and certain public & semipublic uses. • The proposed substation exceeds the minimum setback requirements. • Aside from the special exception required for a basic utility, the lot meets all other requirements of the Commercial Office (CO-1) zone. 7 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: • The Comprehensive Plan supports Iowa City coordinating with private utilities in order to serve areas under development. STAFF RECOMMENDATION: Staff recommends approval of EXC19-05, a special exception to allow a basic utility in a Commercial Office (CO-1) zone to build an electric substation with the following condition: 1. The landscaping and screening around the substation must adhere to the landscaping plan submitted, dated June 20, 2019 prior to the issuance of a Certificate of Occupancy. ATTACHMENTS 1. Location Map 2. Zoning Map 3. Application Materials 4. Major Site Plan 5. Landscaping Plan (6/20/19) 6. Aerial View of Other Substations Approved by: _________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services PRAI RI E DU CHI EN RD NEOAKES DRKENRUTHCIR NEBURESH AVE B R I S T O L D R OAKLAWN AVEBANBURY CIR NEKYLE D R N E P R A I R I E D U C H I E N R D ST ANNE'S DR INTERSTATE 80INTERSTATE 80 EXC19-05On the Southwestern corner of the Prairie du Chien overpass of Interstate 80µ 0 0.08 0.160.04 Miles Prepared By: Jade PedersonDate Prepared: June 2019 An application submitted by Christopher Pose on behalf of MidAmerican Energy Company for a special exception allowing the construction of an electric substation. PRAI RI E DU CHI EN RD NEOAKES DRKENRUTHCIR NEB U R E S H A V E B R I S T O L D R OAKLAWNAVEBANBURY CIR NEKYLE D R N E P R A I R I E D U C H I E N R D INTERSTATE 80INTERSTATE 80 RS12 RS5 RS5 RS5 RS5 RS5 RS12 RS5 RS12 RR1 RS5 RS5 RS5 RS5 RS5 RS5 RS5 RS5 RS5 RS5 RS5 RS5 RS5 RS5RS5 RS12 RS12 RS5 RS5 RS5 RS5 RS5 RS5 RS12 RS12 RR1 RS5 RS12 RR1 RS5 RS5 RS5 RS5 RS5RS12 RS5 RS5 RS5 RS12 RR1RS5 RS5 RS5 RS5 RS5 RS5 RS5 RS5 RS12 RS5 RS5 RS5 RS5 RS12 RS5 RS5 RS5 RS12 RS12 RS5 RM12 RS5 RR1 RS5 RS12 RS5 RS5 RS5 RR1 RS5 RS5 RS5 RS5 RS12 RS12 RS12 RS5 RS5 RS5 RR1 RS5 RS5 P1RS5 RS5 RS5 RS5 RS5 RS12 RS5 RS5 RS5 RS5 RS5 RS12 RS5 RS5 RR1RS5 RS5 RS5 RS5 RS5 RS5RS5 RR1 RS5 RS12 RS5 EXC19-05On the Southwestern corner of the Prairie du Chien overpass of Interstate 80µ 0 0.08 0.160.04 Miles Prepared By: Jade PedersonDate Prepared: June 2019 An application submitted by Christopher Pose on behalf of MidAmerican Energy Company for a special exception allowing the construction of an electric substation. H1H2H3X0X1X2X314579H1H2H3X0X1X2X314579SDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SDSDSDSDSDSDSDSDSDSDSDSD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SDSDSDSDCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCO CO CO CO CO CO CO CO CO CO CO CO COSITE OVERALL LAYOUT PLAN & NOTES C21-40 CEC Civil Engineering Consultants, Inc. 2400 86th Street . Unit 12 . Des Moines, Iowa 50322 515.276.4884 . Fax: 515.276.7084 . mail@ceclac.com DATE: DESIGNED: DRAWN: APPROVED: SCALE:DESCRIPTIONAPPDFTRDATEREV 01 02 03 04 0510 09 08 07 06 REV DATE DFTR APP DESCRIPTION ___ ___ ___ _____-__-____ __-__-____ __-__-__________ ___ ___ ___ ___ ___ ___ ___ _____-__-____ __-__-____ __-__-____ __-__-____ ________-__-_______ ___ ___ ___ ___ ___ ___ ___ 06-05-2019 MMD MMD JWA 1" = 30' CONFIDENTIAL: THIS DOCUMENT SHALL BE MAINTAINED CONFIDENTIALLY AS CRITICAL ENERGY INFRASTRUCTURE INFORMATION AND IS AVAILABLE TO MIDAMERICAN ENERGY COMPANY EMPLOYEES, BUT NOT TO MIDAMERICAN ENERGY COMPANY EMPLOYEES WORKING IN THE UNREGULATED RETAIL SERVICES DIVISION. PRIOR WRITTEN AUTHORIZATION IS REQUIRED FOR ACCESS BY ANY OTHER PERSON. N___ _____-__-_______ 1st CITY SUBMITTAL 06-05-2019 I IFRFOSTER ROAD SUBSTATION IOWA CITY, IOWA F R___ _____-__-_______Q:\E-FILES\E-8000\E8152\_C3D Drawings\Construction Plans\E8152 Site Layout.dwg, 6/5/2019 11:58:08 AM, mdostalik, 1:206-05-2019 H1H2H3X0X1X2X314579H1H2H3X0X1X2X314579SDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SDSDSDSDSDSDSDSDSDSDSDSD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SDSDSDSDCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCO CO CO CO CO CO CO CO CO CO CO CO COGRADING & DRAINAGE PLAN C24-10 CEC Civil Engineering Consultants, Inc. 2400 86th Street . Unit 12 . Des Moines, Iowa 50322 515.276.4884 . Fax: 515.276.7084 . mail@ceclac.com DATE: DESIGNED: DRAWN: APPROVED: SCALE:DESCRIPTIONAPPDFTRDATEREV 01 02 03 04 0510 09 08 07 06 REV DATE DFTR APP DESCRIPTION ______ ________-__-____ __-__-____ __-__-__________ ______ ______ ______ ________-__-____ __-__-____ __-__-____ __-__-____ ________-__-_______ ___ ___ ___ ___ ___ ___ ___IFRFOSTER ROAD SUBSTATION IOWA CITY, IOWA 06-05-2019 MMD MMD JWA 1" = 30' CONFIDENTIAL: THIS DOCUMENT SHALL BE MAINTAINED CONFIDENTIALLY AS CRITICAL ENERGY INFRASTRUCTURE INFORMATION AND IS AVAILABLE TO MIDAMERICAN ENERGY COMPANY EMPLOYEES, BUT NOT TO MIDAMERICAN ENERGY COMPANY EMPLOYEES WORKING IN THE UNREGULATED RETAIL SERVICES DIVISION. PRIOR WRITTEN AUTHORIZATION IS REQUIRED FOR ACCESS BY ANY OTHER PERSON. N 1st CITY SUBMITTAL 06-05-2019 ________-__-_______ ________-__-_______ I F RQ:\E-FILES\E-8000\E8152\_C3D Drawings\Construction Plans\E8152 Grading.dwg, 6/5/2019 11:59:21 AM, mdostalik, 1:2 SDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SDCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCO COCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO DRIVEWAY PLAN, PROFILE & DETAILS C24-15 CEC Civil Engineering Consultants, Inc. 2400 86th Street . Unit 12 . Des Moines, Iowa 50322 515.276.4884 . Fax: 515.276.7084 . mail@ceclac.com DATE: DESIGNED: DRAWN: APPROVED: SCALE:DESCRIPTIONAPPDFTRDATEREV 01 02 03 04 0510 09 08 07 06 REV DATE DFTR APP DESCRIPTION ______ ________-__-____ __-__-____ __-__-__________ ______ ______ ______ ________-__-____ __-__-____ __-__-____ __-__-____ ________-__-_______ ___ ___ ___ ___ ___ ___ ___IFRFOSTER ROAD SUBSTATION IOWA CITY, IOWA 06-05-2019 MMD MMD JWA 1" = 30' CONFIDENTIAL: THIS DOCUMENT SHALL BE MAINTAINED CONFIDENTIALLY AS CRITICAL ENERGY INFRASTRUCTURE INFORMATION AND IS AVAILABLE TO MIDAMERICAN ENERGY COMPANY EMPLOYEES, BUT NOT TO MIDAMERICAN ENERGY COMPANY EMPLOYEES WORKING IN THE UNREGULATED RETAIL SERVICES DIVISION. PRIOR WRITTEN AUTHORIZATION IS REQUIRED FOR ACCESS BY ANY OTHER PERSON. N 1st CITY SUBMITTAL 06-05-2019 ________-__-_______ ________-__-_______ I F RQ:\E-FILES\E-8000\E8152\_C3D Drawings\Construction Plans\E8152 Drive Details.dwg, 6/5/2019 12:00:34 PM, mdostalik, 1:2 H1H2H3X0X1X2X314579H1H2H3X0X1X2X314579SDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SDSDSDSDSDSDSDSDSDSDSDSD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SDSDSDSDSDCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCO CO CO CO CO CO CO CO CO CO CO CO COLANDSCAPE PLAN C24-40 CEC Civil Engineering Consultants, Inc. 2400 86th Street . Unit 12 . Des Moines, Iowa 50322 515.276.4884 . Fax: 515.276.7084 . mail@ceclac.com DATE: DESIGNED: DRAWN: APPROVED: SCALE:DESCRIPTIONAPPDFTRDATEREV 01 02 03 04 0510 09 08 07 06 REV DATE DFTR APP DESCRIPTION ______ ________-__-____ __-__-____ __-__-__________ ______ ______ ______ ________-__-____ __-__-____ __-__-____ __-__-____ ________-__-_______ ___ ___ ___ ___ ___ ___ ___IFRFOSTER ROAD SUBSTATION IOWA CITY, IOWA 06-05-2019 MMD MMD JWA 1" = 30' CONFIDENTIAL: THIS DOCUMENT SHALL BE MAINTAINED CONFIDENTIALLY AS CRITICAL ENERGY INFRASTRUCTURE INFORMATION AND IS AVAILABLE TO MIDAMERICAN ENERGY COMPANY EMPLOYEES, BUT NOT TO MIDAMERICAN ENERGY COMPANY EMPLOYEES WORKING IN THE UNREGULATED RETAIL SERVICES DIVISION. PRIOR WRITTEN AUTHORIZATION IS REQUIRED FOR ACCESS BY ANY OTHER PERSON. N 1st CITY SUBMITTAL 06-05-2019 ________-__-_______ ________-__-_______ I F RQ:\E-FILES\E-8000\E8152\_C3D Drawings\Construction Plans\E8152 Landscaping.dwg, 6/5/2019 12:08:05 PM, mdostalik, 1:2 H1H2H3X0X1X2X314579H1H2H3X0X1X2X314579SDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SDSDSDSDSDSDSDSDSDSDSDSD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SD SDSDSDSDSDCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCOCO CO CO CO CO CO CO CO CO CO CO CO COLANDSCAPE PLAN C24-40 CEC Civil Engineering Consultants, Inc. 2400 86th Street . Unit 12 . Des Moines, Iowa 50322 515.276.4884 . Fax: 515.276.7084 . mail@ceclac.com DATE: DESIGNED: DRAWN: APPROVED: SCALE:DESCRIPTIONAPPDFTRDATEREV 01 02 03 04 0510 09 08 07 06 REV DATE DFTR APP DESCRIPTION ______ ________-__-____ __-__-____ __-__-__________ ______ ______ ______ ________-__-____ __-__-____ __-__-____ __-__-____ ________-__-_______ ___ ___ ___ ___ ___ ___ ___IFRFOSTER ROAD SUBSTATION IOWA CITY, IOWA 06-20-2019 MMD MMD JWA 1" = 30' CONFIDENTIAL: THIS DOCUMENT SHALL BE MAINTAINED CONFIDENTIALLY AS CRITICAL ENERGY INFRASTRUCTURE INFORMATION AND IS AVAILABLE TO MIDAMERICAN ENERGY COMPANY EMPLOYEES, BUT NOT TO MIDAMERICAN ENERGY COMPANY EMPLOYEES WORKING IN THE UNREGULATED RETAIL SERVICES DIVISION. PRIOR WRITTEN AUTHORIZATION IS REQUIRED FOR ACCESS BY ANY OTHER PERSON. N 2nd CITY SUBMITTAL 06-20-2019 ________-__-_______ ________-__-_______ I F RQ:\E-FILES\E-8000\E8152\_C3D Drawings\Construction Plans\E8152 Landscaping.dwg, 6/20/2019 3:51:35 PM, mdostalik, 1:2 MidAmerican Energy Company Iowa City Substations Near Residential Developments June 19, 2019 1630 Lower Muscatine Road 708/709 S. Capitol Street 1120 Mormon Trek Blvd 2200 Heinz Rd. 1 STAFF REPORT To: Board of Adjustment Prepared by: Jesi Lile, Associate Planner Item: EXC19-06 Date: July 10, 2019 Parcel Number: 1014194004 GENERAL INFORMATION: Applicant: ImOn Communications LLC 101 3rd Ave SW Suite 400 Cedar Rapids, IA 52404 (319) 200-6300 www.imon.net Contact Person: Joe Meyers 101 3rd Ave SW Suite 400 Cedar Rapids, IA 52404 (319) 533-2319 joe.meyers@imon.net Property Owner: Thomas Rogers 2211 F St Iowa City, IA 52245 (319) 337-5126 Requested Action: Special exception to construct a basic utility consisting of a telecommunications hub in a Community Commercial (CC-2) zone Purpose: To provide internet and cable services Location: 2211 F St Location Map: 2 Size: 6,000 Square Feet Existing Land Use and Zoning: Commercial, Community Commercial (CC-2) Towncrest Overlay District Surrounding Land Use and Zoning: North: Residential; Low Density Single-Family Residential (RS-5) East: Commercial, Community Commercial (CC-2); Towncrest Overlay District South: Commercial, Community Commercial (CC-2); Towncrest Overlay District West: Commercial, Community Commercial (CC-2); Towncrest Overlay District Applicable Code Sections: 14-4B-3A, General Criteria for Special Exceptions 14-4B-4D(1B), Basic Utilities in Commercial and Industrial Zones File Date: June 10, 2019 BACKGROUND: ImOn is a telecommunications company located in Cedar Rapids that provides internet and cable services. They are seeking to expand into Iowa City, and propose setting up a telecommunication hub in a 12’ x 16’ shelter at the southeast corner of the property located at 2211 F Street. Currently, the site is non-conforming with regard to screening requirement of the parking lot. ImOn would be required to bring the parking lot into conformance with S2 screening, which requires enough shrubs to form a landscape screen ranging between two and four feet in height. The screening requirements in Commercial zones require S2 screening between surface parking areas and both the public right-of-way and abutting properties. The plans submitted by ImOn show a landscaped area between the public right-of-way and 2223 F St, with specific plant material to be decided during the site plan review process. The hub itself is required to conform to S3 screening standards, and the applicant proposes to place a fence around the area. Additionally, since this site is in the Towncrest Overlay District, it will have to go through a staff design review process. The staff design review committee will evaluate the project for material quality, screening, and how the building aesthetics fit into the vision for the Towncrest area. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare; to conserve and protect the value of property throughout the city; and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the specific criteria included for Section 14-4B-4D(1B), pertaining to Basic Utilities is Commercial and Industrial Zones as well as the General Standards laid out in Section 14-4B-3. 3 In order for the Board of Adjustments to grant this special exception request, each of the following criterion below must be met. The burden of proof is on the applicant, and their comments regarding each criterion may be found on the attached application. Staff comments regarding each criterion are set below. Specific Standards: 14-4B-4D(1b2): Basic Utilities in Commercial and Industrial Zones And ID-C, ID-I, and ID-RP Zones: b. Basic Utilities Not Enclosed Within a Building: (2) In all commercial zones, the RDP and ORP zones, and the ID-C and ID-RP zones, basic utilities not enclosed within a building are permitted only by special exception. Proposed uses must be screened from public view and from view of any adjacent residential zones to at least the S3 standard. In addition, the applicant must provide evidence that the proposed use will be compatible with surrounding structures and uses with regard to safety, size, height, scale, location, and design, particularly for facilities that will be located close to or within view of a residential zone. For uses located in highly visible areas, the board may consider additional design elements such as masonry or brick facades, and walls or feeing to improve public safety and to soften the visual impact of the proposed use. Water and sanitary sewer pumps or lift stations approved by the city as part of subdivision or site plan approval do not require special exception approval from the board of adjustment. FINDINGS: • The proposed project is located in the Towncrest Overlay District and must go through the staff design review process that evaluates material quality, screening, and neighborhood compatibility. • The applicant has shown S3 screening and plans to surround the building with a six-foot opaque fence. • The proposed building is 10 feet tall, and not out of scale with the surrounding structures as they are all taller. Additionally, the southern portion of the site abuts a 20-foot retaining wall, making the commercial uses to the south at a much higher elevation. This would provide screening for the proposed structure. • The applicant has submitted renderings that show the proposed structure with a brick façade. • The proposed structure would be located at the rear of the lot and not highly visible from the public right-of-way. • The proposed structure is not adjacent to any residential zones. 4 General Standards: 14-4B-3: Special Exception Review Requirements: In order for the Board of Adjustments to grant this special exception request, each of the following criterion below must be met. The burden of proof is on the applicant, and their comments regarding each criterion may be found on the attached application. Staff comments regarding each criterion are set below. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. FINDINGS: • The proposed communication system is a low voltage (48 volt) system. • The system will be enclosed in a structure with a locked door, preventing access to those not authorized and eliminating public health and safety issues. • The proposed system would provide internet and cable options to Iowa City residents, improving comfort and general welfare. 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 proposed hub will allow for another internet service provider in Iowa City and increase bandwidth capabilities. • The proposed hub will be small and located in the rear southeast corner of the property. • The structure will go through design review to ensure compatibility with the neighborhood. • The proposed hub would require a small generator to power it. Any noise it gives off would be mitigated by the proposed fence and existing retaining wall. Additionally, this site does not abut residential properties. 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. FINDINGS: • The lot where the structure is being proposed is fully developed, as are the surrounding lots. • The structure will follow all setbacks and is proposing landscaping improvements to the site. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: • The area is fully developed with access to utilities and other necessary facilities. 5 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • The proposed structure is located on a lot that has adequate circulation and parking. • This use would not increase traffic in the area substantially as it would only need occasional maintenance. 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: • This property is in compliance with the zoning code in all aspects aside from the parking lot landscaping, which the applicant has addressed. • There are no parking or other vehicle requirements for this use. • This project complies with the Community Commercial (CC-2) standards in all other aspects. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: • The Central District Plan encourages the development of businesses that provide goods, services and amenities to the neighborhood. STAFF RECOMMENDATION: Staff recommends approval of EXC19-06, a special exception to allow a basic utility in a Community Commercial (CC-2) zone in order to build a telecommunication hub located at 2211 F Street. ATTACHMENTS 1. Location Map 2. Zoning Map 3. Application Materials Approved by: _________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services G ST 3RD AVES 1ST AVE2ND AVEWADE STMUSCATINE AVE F ST EXC19-062211 F Stµ 0 0.025 0.050.0125 Miles Prepared By: Jade PedersonDate Prepared: June 2019 An application submitted by ImOn Communications LLC for a special exception allowing the placement of a 12' x 16' shelter on this property to housecommunication equiptment. G ST 3RD AVES 1ST AVE2ND AVEWADE STMUSCATINE AVE F ST CC2 CC2 RS5 RS5 CC2 CC2 RS5 CC2 CC2 RS5 RS5 CC2 RS5 RS5 RS5 CC2 RS12 RS5 RS5RS5RS5 RS5 RS5 RS5 CC2 CC2 CC2 CC2 RS5 CC2 CC2 CC2 RS5 RS5 CC2RS5 RS5 CC2RS5 RS5 RS5 RS5 RS5 RS5 RS5 RS5 CC2 RS5 RS5 CC2 RS5 RS5RS5 RS5 CC2 RS5 RS5 RS5 CC2 RS5 RS5 CC2 RS5 RS5 CO1 RS5 EXC19-062211 F Stµ 0 0.025 0.050.0125 Miles Prepared By: Jade PedersonDate Prepared: June 2019 An application submitted by ImOn Communications LLC for a special exception allowing the placement of a 12' x 16' shelter on this property to housecommunication equiptment. MINUTES PRELIMINARY BOARD OF ADJUSTMENT MAY 8, 2019 – 5:15 PM EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Ernie Cox, Connie Goeb, Ryan Hall, Zephan Hazell, Amy Pretorius MEMBERS ABSENT: STAFF PRESENT: Susan Dulek, Jesi Lile OTHERS PRESENT: Tim Waldron CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Goeb outlining the role and purpose of the Board and the procedures that would be followed the meeting. CONSIDER THE APRIL 10, 2019 MINUTES: Pretorius moved to approve the minutes of April 10, 2019. Hall seconded the motion. A vote was taken and the motion carried 5-0. SPECIAL EXCEPTION ITEM EXC19-04: An application submitted by Faith Baptist Church for a special exception to allow for an approximately 2,600 square-foot addition onto the existing Church located in a Medium Density Single Family Residential (RS-8) Zone with a Planned Development Overlay (OPD) located at 1251 Village Road. Lile began the staff report showing an aerial view of the site and a zoning map showing the church is surrounded by single family residential. Faith Baptist Church has been at this location since the early 1970’s. The applicant hosted a Good Neighbor Meeting on April 30, 2019. Two neighbors attended with questions and concerns about potential stormwater management issues. Pastor Waldron was able to address the neighbors’ concerns. The proposed request is to add a 2,600 square foot addition to the southeast corner of the building in order to construct two new classrooms, an elevator and additional restrooms. Lile noted that religious and private group assemblies can add additions up to 500 square feet through the minor modification process but since this is an expansion of more than 500 square feet a special exception is needed. The applicant is also proposing site improvements to the parking lot on the south side of the building including paving, landscaping and drainage improvements. Board of Adjustment May 8, 2019 Page 2 of 6 Lile stated the role of the Board is to approve, approve with conditions or deny this application based on the facts presented. In order to approve the special exception the Board must find the application meets all the approval criteria for the specific criteria pertaining to Religious/Private Group Assembly as well as the General Standards for all special exceptions. With regard to the specific standards, first the following setbacks are required in lieu of the setbacks specified in the base zone. However, the board of adjustment may reduce these setbacks, subject to the approval criteria for setback adjustments as specified in subsection 14- 2A-4B5, "Adjustments To Principal Building Setback Requirements", of this title. Front must be twenty feet (20'); side must be twenty feet (20') and; rear must be fifty feet (50'). Lile stated the existing building and proposed addition will meet all required setbacks. Next, the proposed use will be designed to be compatible with adjacent uses. The board of adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The board of adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Lile stated there is no change in use with the proposed addition and the applicant is not expecting new membership with this addition. The maximum occupancy for the main auditorium is capped at 292 people. The building scale will be larger but there will be additional screening to mitigate some of the impact with additional landscaping and site improvements. Next, given that large parking lots can seriously erode the single-family residential character of these zones, the board of adjustment will carefully review any requests for parking spaces beyond the minimum required. The board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. Lile stated this proposed addition will add eight additional parking spots however the parking lot itself will not expand, the required number of parking spots is 49, and the applicant is proposing to provide 67 vehicle spots and 4 bicycle parking spots. The required parking for Religious/Private Group Assembly are 1/6th of the occupant capacity of the main auditorium, which again is 292 people. The applicant also proposes to pave part of the gravel portion of the lot and bring it up to City standards. Next criteria is that 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. Faith Baptist has limited hours of operation with services throughout the day Sunday and into the early evening, as well as on Wednesday evenings. Most events take place inside and are not typically noisy or disruptive to neighbors, especially late at night and the proposed addition will not change the amount of noise, lights, hours of operation, odors and litter from the site currently. The building official may grant approval for the following modifications to a religious/private group assembly use, without approval from the board of adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located if it is an accessory storage building less than five hundred (500) square feet in size or a building addition of less than five hundred (500) square feet, provided the addition does not Board of Adjustment May 8, 2019 Page 3 of 6 increase the occupancy load of the building. Lile stated since this proposed addition is more than 500 square feet and not eligible for the minor modification process; thus must go before the Board of Adjustment. Final specific standard states if the proposed use is located in a residential zone or in the central planning district, it must comply with the multi-family site development standards as set forth in section 14- 2B-6 of the City Code. The church is located in a residential zone, and must conform to all multi-family site development standards, which is verified during the site plan review process. Lile next reviewed the general standards. First, the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The church has operated in this location since the early 1970’s without reported health, safety, or welfare issues and the proposed expansion would not change the function or status of this site. 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. Lile noted this expansion will not change the use or enjoyment of other property in the neighborhood, nor will it diminish property values because it is not changing the use or function of the site. The only changes visually will be to the roofline, south entrance, and part of the parking lot and the parking lot improvements will make this property more attractive and more compliant with the code. The current parking lot does not meet landscaping and screening requirements. With the proposed site changes, the applicant will be required to meet the S3 screening standards of the Code where abutting residential properties. 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. Lile stated all of the adjoining property is fully developed and any proposed improvements to adjoining properties will not be impacted by this expansion. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Lile stated the property is currently serviced with adequate utilities and roads, this expansion will not alter that. The proposed site improvements will address drainage issues on the south side of the property and the applicant is proposing a conveyance to run stormwater to the east and discharge it into the street rather than flow onto properties to the south. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. Lile noted currently the church operates with two driveways accessing Village Road on either side of the parking lot, and there are no proposed changes with this expansion and there is not any anticipated increase in traffic. 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. Lile noted the proposed special exception conforms to all setbacks and there will be no changes in the maximum capacity for the main auditorium. The expansion would add new parking spaces that are paved and more compliant with the Code and the proposed site improvements must comply with parking and landscaping requirements of City Code. Finally, the proposed exception will be consistent with the Comprehensive Plan of the City. Lile Board of Adjustment May 8, 2019 Page 4 of 6 stated the Comprehensive Plan calls for stability and since this church has been located in this neighborhood for so long this addition should not impede any stability of the area. Additionally religious and private institutional uses can be allowed in any zoning district through the special exception process. Staff recommends approval of EXC19-04, a special exception to allow the expansion of a Religious Assembly Use in Medium Density Single Family Residential (RS-8) zone with a Planned Development Overlay (OPD), to build an approximately 2,600 square foot addition on the existing building in order to add additional classrooms, restrooms, and an elevator with the following condition: 1. The applicant shall install stormwater management infrastructure as shown on the major site plan dated January 9, 2019 or equivalent infrastructure subject to review and approval by the Director of Public Works or a designee. Goeb opened the public hearing. Tim Waldron (Faith Baptist Church) is the pastor and stated they consider it a great privilege to serve in the Iowa City community, they have been in the Iowa City area for about 55 years, 47 years at the current location. Through that time they have had some modest renovations and additions to the building and once again are asking permission to add to their building. Waldron stated the staff presentation summed up what the church desires, they do have a great need right now in regards to classrooms, restrooms and an elevator. They are completely out of space for classrooms on their Sunday morning and Wednesday evening ministries as well as vacation bible school. He also noted current restrooms are not sufficient for the size of the congregation right now and also for years they have used a stair lift to get people from the bottom to the top floors of the building, it works and passes inspections but really has become hard to find parts and people to repair if when needed. Waldron thanked those that have helped with this application and City staff for their assistance. Hall noted he feels the added landscaping feels minimal and will not hide the parking lot. Lile stated the requirements are being met per City Code. Cox asked which part of the parking lot would be improved, and Lile noted it is the south entrance area. Hall stated then the remainder of the parking lot would stay as gravel. Lile confirmed it would. Goeb asked about the drainage issues and said if the addition was not approved then the church would not be required to update and fix the drainage issues. Lile confirmed that was true and noted from the Good Neighbor Meeting some of the neighbors to the south were concerned about adding pavement and what that would do to stormwater onto their properties. Lile showed a diagram with a water collector area and a conveyance to the street so all the stormwater would run off into the street versus to the property to the south. Waldron added there are currently no drainage systems on the property and the water just ponds there so this will be a great improvement on their property. Goeb asked where it was ponding. Waldron said it is out near the utility easement, not near the building. He added there have never been any complaints from the neighbors regarding water issues, there were just some questions raised when the improvements were proposed. Board of Adjustment May 8, 2019 Page 5 of 6 Goeb asked if they would be able to save the two blooming trees in the front and Waldron stated they hope to. Goeb closed the public hearing. Hall asked if the Board adds the condition that staff recommends the Public Works Department will review. Lile confirmed that was the case but noted what the applicant is proposing is above what the Code requires which is why staff added the condition to make sure it happens. Pretorius stated this seems like a great project and expansion is good and especially the need for an elevator and paving part of the gravel lot will help with ADA compliances and overall better and safer for all. She understands the concern about stormwater but feels that is being handled appropriately. Pretorius moves to approve EXC19-04, a special exception to allow the expansion of a Religious Assembly Use in Medium Density Single Family Residential (RS-8) zone with a Planned Development Overlay (OPD), to build an approximately 2,600 square foot addition on the existing building in order to add additional classrooms, restrooms, and an elevator with the following condition: 1. The applicant shall install stormwater management infrastructure as shown on the major site plan dated January 9, 2019 or equivalent infrastructure subject to review and approval by the Director of Public Works or a designee. Hall seconded the motion. Hall stated that regarding agenda item EXC19-04 he concurs with the findings set forth in the staff report of May 8, 2019, and conclude the general and specific criteria are satisfied. 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. Hazell seconded the findings. A vote was taken and the motion carried 5-0. Goeb 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. ADJOURNMENT: Pretorius moved to adjourn this meeting. Hazell seconded. A vote was taken and the motion passed 5-0 BOARD OF ADJUSTMENT ATTENDANCE RECORD 2018-2019 NAME TERM EXP. 2/14 5/9 6/13 8/8 12/12 2/13 3/13 4/10 5/8 COX, ERNIE 12/31/2020 -- -- -- -- -- -- O/E X X GOEB, CONNIE 12/31/2019 O/E X X X X O/E X X X HALL, RYAN 12/31/2022 X X X X X X X X X HAZELL, ZEPHAN 12/31/2021 -- -- -- -- -- X X X X PRETORIUS, AMY 12/31/2023 -- -- -- -- -- X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member