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HomeMy WebLinkAbout2020-12-09 BOA Decisionpotloop sgnawre venficanon: Fe e 1111111 111111 111 IIIII IINI IINI IIIII IIIII INII IIIII VIII ulll B� VIII IIII NII Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319-356-5230 Doc ID: 027934640020 Type: GEN Kind: DECISION Recorded: 12/18/2020 at 12:49:36 PM DECISION Fee Amt: $102.00 Page 1 of 20 Johnson county Iowa IOWA CITY BOARD OF ADJUSTMENT Kim Painter County Recorder WEDNESDAY, DECEMBER 9, 2020 BK 6151 PG514-533 ELECTRONIC MEETING — ZOOM MEETING PLATFORM MEMBERS PRESENT: Gene Chrischilles, Zephan Hazell, Bryce Parker, Amy Pretorius MEMBERS ABSENT: Ernie Cox STAFF PRESENT: Sue Dulek, Kirk Lehmann, Anne Russett OTHERS PRESENT: Cady Gerlach, Kirsten Frey, Ryan Wade, Kevin Monson, Detre McFall- Wallerich, Calisse McPherson, Katie Ford SPECIAL EXCEPTION ITEMS: 1. EXC20-0004: A public hearing regarding a special exception application submitted by J+M Civil Design, LLC to allow a drive-through facility in a Community Commercial (CC -2) zone for the purpose of reusing a vacant building with a coffeeshop and apartment at 1120 N. Dodge Street. The Board concludes that the following specific standard found at 144C-2Ka will be met. 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. This is based on the following findings for each sub -criterion: 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. • The site plan shows a one-way internal access drive entering from an existing curb cut on North Dodge Street and exiting to St. Mathias Alley to the south. A condition be imposed for substantial compliance to the submitted site plan in Attachment 3 of the staff report to ensure adequate circulation. • The one-way drive-through lane is entered from the internal access drive and exits onto S. Mathias Alley on the east. 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. 0 The proposed use utilizes existing curb cuts on North Dodge Street. Dail op signature verification: • A condition be imposed that St. Mathias Alley be improved to City standards as part of this project to accommodate increased traffic and allow adequate flow to and from the site. • Two new access points are proposed to St. Mathias Alley, one to the south and one to the east. 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 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). • The site plan shows stacking space for 6 vehicles, which meets the minimum number required. • The entrance to the drive-through lane is more than 100 feet from North Dodge Street, which provides room for spillover traffic. • The proposed use is for pick-up only and not for ordering and this be imposed as a condition. • Research indicates that coffee shop uses can produce long maximum queues, in excess of 10 cars in high traffic areas. • The nature of the business and room for spillover traffic provides enough stacking spaces for the proposed use. 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. • The site plan shows directional arrows at the entrances and throughout the site, in addition to "do not enter' signs at all exits. A condition be imposed for substantial compliance to the submitted site plan in Attachment 3 of the staff report to ensure adequate signage and pavement markings. • Pedestrian paths are clearly demarcated. The Board concludes that the following specific standard found at 14-4C-2Kb will be met regarding Location. This is based on the following findings for each sub -criterion: 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. • The drive-through lanes and service windows are not on a street -facing facade. dodo p signature venlicavon: 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. The site plan shows the proposed drive-through lane on the east side of the property with no setback from St. Mathias Alley. Because this project reuses an existing building in a CC -2 zone that is not historic, the criterion will need to be waived through the Commercial Reuse Exception provision (See EXC 20-006 below). Should the Commercial Reuse exception be approved, a condition be imposed that adequate separation and/or screening be required between the drive-through lane and the property to the east, as determined by the City Engineer and Director of Neighborhood and Development Services. The Board concludes that the following specific standard found at 14-4C-2Kc will be met. Design Standards: The number of drive-through lanes, stacking spaces, and paved area necessary for the drive-through facility will not be detrimental to adjacent residential 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. This is based on the following findings for each sub -criterion: 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. The site is surrounded by Community Commercial (CC -2) zones to the north and west, and by Low -Density Multi -Family Residential (RM -12) zones to the east and south. Surrounding uses include commercial (Hy -Vee), institutional (St. Joseph Cemetery), and a single-family residence. Generally, these uses are compatible with the proposed use. The site plan shows a single 9- to 9.5 -foot wide drive-through lane which is loc4ted at the south and east sides of the property, limiting impacts on the streetseape and on the single-family use to the west. The sidewalk along North Dodge Street and the continuous pedestrian route through the site do not cross the drive-through lane. 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. To preserve the pedestrian oriented character of streets in the CB -2 zone and the riverfront crossings district, the board may require the drive-through to be incorporated within the building or be screened with masonry street walls and landscaping. Street walls shall be a minimum of five feet (5) in height and shall be designed to complement the principal building on the site. • The drive-through lane is adjacent to property zoned RM -12 to the east and south, which would require screening to the S3 standard. However, these properties contain a cemetery use rather than a residential use. dotloop signature verification: Because this project reuses an existing, non -historic building in a CC -2 zone, the criterion will need to be waived through the Commercial Reuse Exception provision (see EXC 20-006 below). Should the Commercial Reuse exception be approved, a condition be imposed providing for separation and/or screening between the drive-through lane and the property to the east, as determined by the City Engineer and Director of Neighborhood and Development Services prior to issuance of a building permit. 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. • The site plan shows a single pick-up window because the proposed use is pick-up only. This will reduce the amount of idling on the site. 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. Automobile traffic is directed through one-way drives on the site, while pedestrian access is provided on sidewalks, which minimizes onsite conflicts. Where the drive-through lane exits onto St. Mathias Alley, drivers must cross potential inbound traffic. However, St. Mathias Alley experiences limited use because it is not currently connected to the west. In addition, the exit is curved to limit head-on conflicts and St. Joseph's Cemetery has additional access points. Stacking spaces, driveways, and drive-through windows are generally hidden from the streetscape. 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. • Staff shall review any new lighting for the site in compliance with current code standards as part of the site plan review process. 6) (Repealed.) 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. • There are no loudspeakers or intercom systems. A condition be imposed that the drive-through remain pick-up only. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: dotloop signature verification: • The proposed multi -family use and related waivers from zoning standards will have no effect on health, safety, comfort, or general welfare. • The proposed drive-through and related exceptions will increase vehicular traffic to the site, but access to, through, and around the site will be enhanced due to site and alley improvements. • Conflicts may be created where the drive-through lane exits onto St. Mathias Alley, but these are mitigated through careful design, signage, and pavement markings. • It may be difficult in the morning for vehicles leaving St. Mathias Alley to tum left towards Iowa City due to in -bound traffic, but no more so than it would be for other potentially allowed uses in a CC -2 zone. • Effects of decreased screening and setbacks on the east side of the site are partially mitigated by existing landscaping and buildings at St. Joseph's, and they will be further mitigated by the conditions imposed. • The site plan shows the removal of two trees. The City declared a state of climate crisis and established carbon emission reduction goals on August 6, 2019. Trees are important to climate mitigation and adaptation, so a condition is imposed that any trees removed be replaced onsite as approved by the City Forrester. • Overall, the exceptions will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The Board concludes that 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 based on the following findings: • The proposed uses are compatible with those of nearby properties. • The proposed site developments and occupancy of the proposed site will not diminish or impair property values in the neighborhood. • Screening and/or separation on the east property line, as determined by the City and as a condition imposed, will mitigate impacts to the cemetery. • The proposed exceptions will not injure the use or enjoyment of nearby properties. The Board concludes that 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 based on the following findings: The surrounding area is already fully developed with a mix of institutional, commercial, and residential uses in commercial and multi -family zones, and only the property to the east currently utilizes the alley. A mixed-use coffeeshop with a multi -family unit is compatible with these uses and zoning districts Offsite improvements to St. Mathias Alley will benefit property owners that utilize the alley through improved circulation. Abutting properties will be separated by adequate setbacks so as not to affect any future work on their property, and requested exceptions for uses and waivers will not impede normal and orderly redevelopment of surrounding properties. ' The Board concludes that adequate utilities, access roads, drainage and/or necessary, facilities have been or are being provided based on the following findings: - _ " dotloop signature verification. Sufficient utilities, primary streets, and necessary facilities are established for this neighborhood and can meet the proposed site requirements. Proposed internal circulation will be sufficient for vehicular and pedestrian access to the renovated building, with improvements to St. Mathias Alley (which will include but is not limited to obtaining a temporary construction easement from the adjacent property owner). Stormwater must be mitigated per City Code to avoid downslope impacts to the south (which will include but is not limited to obtaining a permanent stormwater drainage easement from the adjacent property owner). The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • The one-way drive through the site and the exits onto St. Mathias Alley consolidate potential conflicts on North Dodge and provide for adequate ingress and egress. • St. Mathias Alley will carry two-way traffic, so clear signage and pavement markings as shown on the site plan are necessary to control traffic. • The development will increase traffic to the site. However, the design minimizes impacts on North Dodge Street by concentrating outbound traffic to a single point at St. Mathias Alley. The Board concludes that 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 based on the following finding: • Staff will ensure the site design conforms with all other applicable zoning standards and regulations during the site plan review, and additional reviews by the City Engineer and Director of Neighborhood and Development Services. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use Map of the Comprehensive Plan designates this area for General Commercial. The Future Land Use Map of the North District Plan designates this area for Retail/Community Commercial. • The Comprehensive Plan supports commercial development in "defined commercial nodes, including small-scale neighborhood commercial centers" and encourages retaining and expanding local businesses. • The North District Plan supports locating medium -density housing "in areas with good access to arterial streets" that are "close to neighborhood commercial areas". It also encourages focusing "commercial activity in existing nodes along major arterial streets" and cites the nearby mixed-use Hilltop Tavern as a desirable prototype. • The proposed land use allowed by these special exceptions is consistent with the Comprehensive and North District Plans. potloop'signature verification. DISPOSITON: By a vote of 4-0, the Board approved a drive-through facility in a Community Commercial (CC -2) zone for the property located at 1120 North Dodge Street, subject to the following conditions: 1. Substantially comply with the site plan dated November 3, 2020 (which will include but is not limited to obtaining a permanent stormwater drainage easement from the adjacent property owner as required by the City's stormwater management code); 2. Prior to site plan approval, obtain a temporary use of right-of-way permit with the City along the west side of St. Mathias Alley for the length of the drive-through lane, as specified by the City Engineer and approved by the City Attorney's Office; 3. Plant at least one new tree onsite for every tree removed, the location and species of which must be approved by the City Forester prior to site plan approval; 4. Improve St. Mathias Alley abutting the property to the east and south, and any sidewalk crossings, as determined by the City Engineer prior to site plan approval. Improvements must be accepted by the City Engineer prior to issuance of a Certificate of Occupancy (which will include but not is not limited to obtaining a temporary construction easement from the adjacent property owner); 5. Provide for screening to the east and/or separation between the drive-through lane and St. Mathias Alley, as determined by the City Engineer and approved by the Director of Neighborhood and Development Services prior to site plan approval. These must be accepted by the City Engineer prior to issuance of a Certificate of Occupancy; 6. No loudspeaker or order board for the drive-through use may be installed; and 7. The drive-through must remain pick-up only. 2. EXC20-0005: A public hearing regarding a special exception application submitted by J+M Civil Design, LLC to allow a multi -family use in a Community Commercial (CC -2) zone for the purpose of reusing a vacant building with a coffeeshop and apartment at 1120 N. Dodge Street. The Board concludes that the proposed dwelling units will be located above the street level floor of a building, except as provided in subsections A7e and Alf of this section based on the following finding: • The dwelling unit is proposed to be above the street level floor of the building. The Board concludes that the proposed use complies with the residential density standards for multi -family uses in commercial zones as stated in section 14-2C4, "Dimensional Requirements", table 2C -2(c) of this title based on the following findings: • The minimum lot area per unit is 2,725 square feet for efficiency, one -bedroom, and two-bedroom units and is 1,315 for three-bedroom units. • The property is 12,320 square feet and will contain one dwelling unit, which complies with the residential density standards in Table 2C -2(c). eotloup signature verification: The Board concludes that the specific residential entrances standards found at 14 -4B -4A -7c will be met based on the following findings for each sub -criterion: (1) To provide safe access for residents within a mixed use building, any building containing a residential use must have at least one door on the exterior of the building that provides pedestrian access to the dwelling units within the building. Said entrance must be located on a building wall that faces a street, public sidewalk, or pedestrian plaza and is visible from and easily accessed from said street, sidewalk, or plaza. Access to dwelling units must not be solely through a parking garage or from an alley. The building has an exterior door that faces the street, but it does not provide access to the dwelling unit. The entrance to the dwelling unit does not face a street, public sidewalk, or pedestrian plaza, but it is easily accessed from the street by a private sidewalk on the property that provides safe access for residents. Because this project reuses an existing building in a CC -2 zone that is not historic, this criterion will need to be waived through the Commercial Reuse Exception provision (See EXC 20-006 below). (2) Access to entrance doors of any individual dwelling units located above the ground level floor of a building must be provided from an enclosed lobby or corridor and stairway. Unenclosed or partially enclosed exterior stairways are prohibited. However, the city may allow exterior fire egress structures on existing buildings that cannot otherwise reasonably meet code requirements, provided the fire egress structure is not located on a wall of a building that faces a street. • Access to the entrance of the dwelling unit is enclosed. (3) To facilitate commercial uses at the street level, the ground level floor height should be no more than one foot (1') above the level of the abutting sidewalk or pedestrian plaza. On sloping building sites and for existing buildings, the city may adjust this requirement. However, on sloping sites at least a portion of the ground level floor height of any new building must be located no more than one foot (1') above the level of the abutting sidewalk or pedestrian plaza, and the floor height of the ground level floor of the building must be no more than three feet (3') above the level of the abutting public sidewalk or pedestrian plaza at any point along a street -facing building facade. • The ground level floor height is approximately 1 foot above the level of the abutting sidewalk, though this requirement may be adjusted due to it being an existing building and the slope of the site. • No portion of the ground level is proposed to be more than 3 feet above the level of the abutting public sidewalk. The Board concludes that the specific standards for ground level floor of building found at 14 -4B -4A -7d will be met based on the following findings for each sub -criterion: -(1) On the ground level floor, the floor to ceiling height must be at least fourteen feet (14'). 0 The ground level floor -to -ceiling height is 8.5' in this building. Aoticri signature verification • Because this project reuses an existing, non -historic building in a CC -2 zone, this criterion will need to be waived through the Commercial Reuse Exception provision (See EXC 20-006 below). (2) For the ground level floor of the building, construction must meet the building code specifications for commercial uses. • The building is an existing structure. • Staff will ensure that any improvements that require a building permit meet the building code specifications for commercial uses. • Sprinklers will be required as part of the building permit process. (3) In the CB -10 zone, for the first two (2) floors of a building, construction must meet the building code specifications for commercial uses. • The property is not zoned CB -10, so this criterion is not applicable The Board concludes that the following criteria is met: In the CB -5 and CB -10 zones, except as provided in subsection A7e(4) of this section and except as allowed by subsection A7f of this section, the board of adjustment may grant a special exception for multi -family dwellings to be located on or below the street level floor of a building, provided that additional criteria found at 14 -4B -4A -7e are met. This is based on the following finding: The property is not zoned CB -5 or CB -10, so these criteria are not applicable. The Board concludes that the following criteria is met: For properties zoned CB -5 located within the area bounded by Gilbert Street, Van Buren Street, Burlington Street and the midblock alley south of Jefferson Street, residential uses are allowed on the ground level floor of buildings, provided that additional criteria found at 14 -4B -4A -7f are met. This is based on the following finding: • The property is not zoned CB -5, so these criteria are not applicable. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The proposed multi -family use and related waivers from zoning standards will have no effect on health, safety, comfort, or general welfare. • The proposed drive-through and related exceptions will increase vehicular traffic to the site, but access to, through, and around the site will be enhanced due to site and alley improvements. • Conflicts may be created where the drive-through lane exits onto St. Mathias. Alley, but these are mitigated through careful design, signage, and pavement markings. • It may be difficult in the morning for vehicles leaving St. Mathias Alley to turn left towards Iowa City due to in -bound traffic, but no more so than it would be for other potentially allowed uses in a CC -2 zone. dotloop signature verification: Effects of decreased screening and setbacks on the east side of the site are partially mitigated by existing landscaping and buildings at St. Joseph's, and they will be further mitigated by the conditions imposed. The site plan shows the removal of two trees. The City declared a state of climate crisis and established carbon emission reduction goals on August 6, 2019. Trees are important to climate mitigation and adaptation, so a condition is imposed that any trees removed be replaced onsite as approved by the City Forrester. Overall, the exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The Board concludes that 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 based on the following findings: • The proposed uses are compatible with those of nearby properties. • The proposed site developments and occupancy of the proposed site will not diminish or impair property values in the neighborhood. • Screening and/or separation on the east property line, imposed as a condition and, a: determined by the City, will mitigate impacts to the cemetery. • The proposed exceptions will not injure the use or enjoyment of nearby properties. The Board concludes that establishment of the spec 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 based on the following findings: The surrounding area is already fully developed with a mix of institutional, commercial, and residential uses in commercial and multi -family zones, and only the property to the east currently utilizes the alley. A mixed-use coffeeshop with a multi -family unit is compatible with these uses and zoning districts Offsite improvements to St. Mathias Alley will benefit property owners that utilize the alley through improved circulation. Abutting properties will be separated by adequate setbacks so as not to affect any future work on the properties, and requested exceptions for uses and waivers will not impede normal and orderly redevelopment of surrounding properties. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • Sufficient utilities, primary streets, and necessary facilities are established for this neighborhood and can meet the proposed site requirements. • Proposed internal circulation will be sufficient for vehicular and pedestrian access to the renovated building, with improvements to St. Mathias Alley (which will include but is not limited to obtaining a temporary construction easement from the adjacent property owner). e . Stormwater must be mitigated per City Code to avoid downslope impacts to the south (which will include but is not limited to obtaining a permanent stormwater drainage easement from the adjacent property owner). Aotiwp signature verification. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • The one-way drive through the site and exits onto St. Mathias Alley consolidate potential conflicts on North Dodge and provide for adequate ingress and egress. • St. Mathias Alley will carry two-way traffic, so clear signage and pavement markings as shown on the site plan are necessary to control traffic. • The development will increase traffic to the site. However, the design minimizes impacts on North Dodge Street by concentrating outbound traffic to a single point at St. Mathias Alley. The Board concludes that 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 based on the following finding: • Staff will ensure the site design conforms with all other applicable zoning standards and regulations during the site plan review, and additional reviews by the City Engineer and Director of Neighborhood and Development Services. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use Map of the Comprehensive Plan designates this area for General Commercial. The Future Land Use Map of the North District Plan designates this area for Retail/Community Commercial. • The Comprehensive Plan supports commercial development in "defined commercial nodes, including small-scale neighborhood commercial centers" and encourages retaining and expanding local businesses. • The North District Plan supports locating medium -density housing "in areas with good access to arterial streets" that are "close to neighborhood commercial areas". It also encourages focusing "commercial activity in existing nodes along major arterial streets" and cites the nearby mixed-use Hilltop Tavern as a desirable prototype. • The proposed land use allowed by these special exceptions is consistent with the Comprehensive and North District Plans. DISPOSITON: By a vote of 4-0, the Board approved a multi -family use in a Community Commercial (CC -2) zone for the property located at 1120 N. Dodge Street, subject to the following conditions: 1. Substantially comply with the site plan dated November 3, 2020 (which will include but is not limited to obtaining a permanent stormwater drainage easement from the adjacent property owner as required by the City's stormwater management code); 2. Prior to site plan approval, obtain a temporary use of right-of-way permit with the City along the west side of St. Mathias Alley for the length of the drive-through lane, as, specified by the City Engineer and approved by the City Attorney's Office; - - Eotloop signature venhcanon. 3. Plant at least one new tree onsite for every tree removed, the location and species of which must be approved by the City Forester prior to site plan approval; 4. Improve St. Mathias Alley abutting the property to the east and south, and any sidewalk crossings, as determined by the City Engineer prior to site plan approval. Improvements must be accepted by the City Engineer prior to issuance of a Certificate of Occupancy (which will include but not is not limited to obtaining a temporary construction easement from the adjacent property owner); 5. Provide for screening to the east and/or separation between the drive-through lane and St. Mathias Alley, as determined by the City Engineer and approved by the Director of Neighborhood and Development Services prior to site plan approval. These must be accepted by the City Engineer prior to issuance of a Certificate of Occupancy; 6. No loudspeaker or order board for the drive-through use may be installed; and 7. The drive-through must remain pick-up only. 3. EXC20-0006: A public hearing regarding a special exception application submitted by J+M Civil Design, LLC to permit flexibility through the Commercial Reuse Exception in a Community Commercial (CC -2) zone for the purpose of reusing a vacant building with a coffeeshop and apartment at 1120 N. Dodge Street. The following standards were requested to be waived through the Commercial Reuse provision: 1. General setbacks and screening requirements for the drive-through lane on the east property line (14 -2C -6D-3 & 14 -2C -6G); 2. 10' setbacks for drive-through lanes on the east and south property line (14 -4C -2K - 3b(2)); 3. S3 screening for drive-through lanes on the east property line (14 -4C -2K -3c(2)); 4. A residential entrance on the front multi -family buildings in CC -2 zones (144B4A-7c(1)); and 5. A ground level floor -to -ceiling height of 14' for multi -family uses in CC -2 zones (14413- 4A -7d(1)). The Board concludes that the exceptions are necessary due to existing building or site constraints that make it difficult to meet those standards based on the following findings: • The existing structure was initially built in 1895 with a major addition constructed in 2003, both of which were completed prior to the City's current zoning code. • The east portion of the building was partially within the St. Mathias Alley public right-of- way. This was corrected when the City vacated a portion of the alley (VAC20-0002), approved by City Council on December 1, 2020. • The location of the building on the site makes it difficult to meet setback and screening standards for the drive-through because there is not enough space between the drive- through lane and the alley to accommodate them. • To mitigate this, a condition be imposed that separation and/or screening be provided to the east as determined by the City. Cotioop signature verikavon. • Because the building was laid out prior to the current zoning code, it is difficult to meet standards related to the ground level floor -to -ceiling height and the location of entrances required for multi -family uses. The Board concludes that the exceptions will be compatible with and/or complementary to adjacent development in terms of building mass and scale, relative amount of open space, traffic circulation, general layout, and lighting based on the following findings: • The building mass and scale, and the site layout, will not change due to the proposed project. • Open space will be reduced on the south side of the property, but it will comply with open space standards for multi -family uses. • The proposed project will improve traffic circulation because it will create a route through the site, and alley improvements will carry anticipated traffic. • A condition be imposed that the owner obtain a temporary use of right-of-way permit with the City for St. Mathias Alley to provide space to separate and/or screen the drive- through lane from the alley, as approved by the City. • Staff will review lighting during site plan review to ensure it is compatible with adjacent development. • The exceptions related to the multi -family and drive-through uses are compatible to adjacent development with the conditions imposed. The Board concludes that the exceptions will not adversely affect access, views, noise, stormwater runoff, light and air, and privacy of neighboring properties any more than would a development that satisfies the applicable standard based on the following findings: • The proposed exceptions will not affect views, noise, stormwater runoff, or light and air any more than would a development that satisfies the standards. • Access may be affected by the proposed setback exception for the drive-through lane, specifically where it exits onto St. Mathias Alley. However, it will not do so any more than a property that would satisfy the requirement. • Privacy may be affected by the proposed waiver for drive-through screening to the east. However, cemetery buildings and existing trees buffer the drive-through lane from the cemetery, meaning that the exceptions will not adversely affect privacy any more than would a development that satisfies this standard. • To further ensure privacy, a condition be imposed that separation and/or screening be provided to the east as determined by the City. The Board concludes that the exceptions are not contrary to the intent of the standards being waived or modified based on the following findings: • Proposed waivers for standards related to multi -family uses in commercial zones are intended to provide safe access for residents within a mixed-use building (front entrance location) and to facilitate commercial uses at the street level (ceiling height). • Waiving the front entrance door location maintains the intent of providing safe access from the dwelling to the right-of-way. • Waiving the ceiling height maintains the intent of facilitating commercial uses at thin street level because the applicant has a commercial tenant willing to occupy the.-,, building, and improvements to the site facilitate future commercial uses. Oofloop signature verification. • Setbacks are intended to maintain light, air, separation for fire protection, and access for firefighting; provide opportunities for privacy between dwellings; reflect the general building scale and placement of structures in the city's neighborhoods and commercial areas; promote a reasonable physical relationship between buildings and between residences; and provide flexibility to site a building so that it is compatible with buildings in the vicinity. • Approximately 20 feet will still be provided between the drive-through lane and adjacent property to the east and south, which meets these intentions. • Screening is intended to improve the appearance of Iowa City streetscapes for the benefit of its residents; to create aesthetically pleasing and functional living environments; to protect and enhance property values; and to provide for transitions between dissimilar uses. • Existing trees and buildings effectively screen the drive-through from adjacent cemetery uses, and the drive-through is beside the proposed building, which maintains the appearance of the streetscape. A condition be imposed that adequate separation and/or screening be provided to the east as determined by the City to further ensure these intentions are met. The Board concludes that the exceptions will be in the public interest based on the following findings: • The property has remained vacant for several years, and the parking lot and alley are constructed of gravel. • Occupying the property with neighborhood commercial and residential uses, and improving the site's circulation, parking lot, and alley are in the public interest. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The proposed multi -family use and related waivers from zoning standards will have no effect on health, safety, comfort, or general welfare. • The proposed drive-through and related exceptions will increase vehicular traffic to the site, but access to, through, and around the site will be enhanced due to site and alley improvements. • Conflicts may be created where the drive-through lane exits onto St. Mathias Alley, but these are mitigated through careful design, signage, and pavement markings. • It may be difficult in the morning for vehicles leaving St. Mathias Alley to turn left towards Iowa City due to in -bound traffic, but no more so than it would be for other potentially allowed uses in a CC -2 zone. • Effects of decreased screening and setbacks on the east side of the site are partially mitigated by existing landscaping and buildings at St. Joseph's, and they will be further mitigated by the conditions imposed. • The site plan shows the removal of two trees. The City declared a state of climate crisis and established carbon emission reduction goals on August 6, 2019. Trees are important to climate mitigation and adaptation, so a condition is imposed that any trees removed be replaced onsite as approved by the City Forrester. • Overall, the exceptions will not be detrimental to or endanger the public health, safety, comfort, or general welfare. aotloop signature verification: The Board concludes that 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 based on the following findings: • The proposed uses are compatible with those of nearby properties. • The proposed site developments and occupancy of the proposed site will not diminish or impair property values in the neighborhood. • Screening and/or separation on the east property line, as determined by the City, will mitigate impacts to the cemetery. • The proposed exceptions will not injure the use or enjoyment of nearby properties. The Board concludes that 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 based on the following findings: The surrounding area is already fully developed with a mix of institutional, commercial, and residential uses in commercial and multi -family zones, and only the property to the east currently utilizes the alley. A mixed-use coffeeshop with a multi -family unit is compatible with these uses and zoning districts. Offsite improvements to St. Mathias Alley will benefit property owners that utilize the alley through improved circulation. Abutting properties will be separated by adequate setbacks so as not to affect any future work on the properties, and requested exceptions for uses and waivers will not impede normal and orderly redevelopment of surrounding properties. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: Sufficient utilities, primary streets, and necessary facilities are established for this neighborhood and can meet the proposed site requirements. Proposed internal circulation will be sufficient for vehicular and pedestrian access to the renovated building, with improvements to St. Mathias Alley (which will include but is not limited to obtaining a temporary construction easement from the adjacent property owner). Stormwater must be mitigated per City Code to avoid downslope impacts to the south (which will include but is not limited to obtaining a permanent stormwater drainage easement from the adjacent property owner). The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: The one-way drive through the site and exits onto St. Mathias Alley consolidate potential conflicts on North Dodge and provide for adequate ingress and egress. St. Mathias Alley will carry two-way traffic, so clear signage and pavement markings as shown on the site plan are necessary to control traffic. The development will increase traffic to the site. However, the design minimizes impacts on North Dodge Street by concentrating outbound traffic to a single point at St. Mathias Alley. — . o CoOooP signature verification: The Board concludes that 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 based on the following finding: • Staff will ensure the site design conforms with all other applicable zoning standards and regulations during the site plan review, and additional reviews by the City Engineer and Director of Neighborhood and Development Services. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use Map of the Comprehensive Plan designates this area for General Commercial. The Future Land Use Map of the North District Plan designates this area for Retail/Community Commercial. • The Comprehensive Plan supports commercial development in "defined commercial nodes, including small-scale neighborhood commercial centers" and encourages retaining and expanding local businesses. • The North District Plan supports locating medium -density housing "in areas with good access to arterial streets" that are "close to neighborhood commercial areas". It also encourages focusing "commercial activity in existing nodes along major arterial streets" and cites the nearby mixed-use Hilltop Tavern as a desirable prototype. • The proposed land use allowed by these special exceptions is consistent with the Comprehensive and North District Plans. DISPOSITON: By a vote of 4-0, the Board approved flexibility through the Commercial Reuse Exception in a Community Commercial (CC -2) for the property located at 1120 North Dodge Street, subject to the following conditions: 1. Substantially comply with the site plan dated November 3, 2020 (which will include but is not limited to obtaining a permanent stormwater drainage easement from the adjacent property owner as required by the City's stormwater management code); 2. Prior to site plan approval, obtain a temporary use of right-of-way permit with the City along the west side of St. Mathias Alley for the length of the drive-through lane, as specified by the City Engineer and approved by the City Attorney's Office; 3. Plant at least one new tree onsite for every tree removed, the location and species of which must be approved by the City Forester prior to site plan approval; 4. Improve St. Mathias Alley abutting the property to the east and south, and any sidewalk crossings, as determined by the City Engineer prior to site plan approval. Improvements must be accepted by the City Engineer prior to issuance of a Certificate of Occupancy (which will include but not is not limited to obtaining a temporary construction easement from the adjacent property owner); 5. Provide for screening to the east and/or separation between the drive-through lane and St. Mathias Alley, as determined by the City Engineer and approved by the Director of Neighborhood and Development Services prior to site plan approval. These must be accepted by the City Engineer prior to issuance of a Certificate of Occupancy; ,Cotloop signature verification: 6. No loudspeaker or order board for the drive-through use maybe installed; and 7. The drive-through must remain pick-up only. 4. EXC20-0007: A public hearing regarding a special exception application submitted by Neumann Monson Architects to allow a 60 percent parking reduction for a mixed-use renovation of existing structures and a new multi -family construction at 109, 111, 113-115, 117-119, 121, and 127 East College Street. The Board concludes that the following criterion is met: Where it can be demonstrated that a specific use has unique characteristics such that the number of parking or stacking spaces required is excessive or will reduce the ability to use or occupy a historic property in a manner that will preserve or protect its historic, aesthetic, or cultural attributes, the Board of Adjustment may grant a special exception to reduce the number of required parking or stacking spaces by up to fifty percent (50%) (up to 100 percent for properties designated as a local historic landmark, listed on the National Register of Historic Places, or listed as key or contributing structures in a Historic District or Conservation District Overlay Zone). This is based on the following findings: • The applicant has requested the exception to preserve the historic, aesthetic, or cultural attributes of a local historic landmark. City Council is currently considering a local historic landmark designation for the property, which would allow a parking reduction of up to 100 percent of the required minimum number of parking spaces. • The local historic landmark designation must be approved for the requested parking reduction to be requested. Therefore, a condition is imposed that the special exception be contingent upon the adoption of the local historic landmark rezoning. • The proposed redevelopment includes renovation of historic structures on the pedestrian mall and a new multi -family building behind them on the alley. • The historic properties are being preserved as part of this project whereas they could otherwise be demolished under the current zone. Without approval of the project, and the related historic rezoning, the developer would not be required to preserve the buildings in the future. • The gap analysis submitted for Tax Increment Financing (TIF) shows that additional costs, such as increased parking requirements, would increase the financing gap. • The renovation will invest in the historic properties to preserve their important historic and aesthetic attributes. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: The applicant has proposed 0.49 parking spaces per dwelling unit, which is similar to other recent downtown projects including Augusta Place (0.45) and Market House (0.5). 7 South Linn, which has offsite parking spaces, had approximately 3540 percent of residents request parking last year, according to the applicant. A reduction in parking spaces generally decreases the number of vehicular trips to the site and increases trips by other modes of transportation, such as walking and biking. Residences close to a wide variety of employment opportunities and services, such as in downtown Iowa City, generally have a decreased demand for parking. dotloop signature verification. • Three public parking ramps totaling 2,100 spaces are within a 3 -minute walk of the proposed building. Some vehicular trips will likely be diverted to these parking ramps, which are intended to accommodate high trip volumes. • Before the pandemic, these three parking facilities were near capacity from 10 a.m. to 2 p.m., and monthly parking permits in these ramps have long wait lists. Available parking permits are typically first offered to businesses rather than residents. • Tenants will consider reduced onsite parking in their decision-making. It is likely the proposed project will attract tenants who do not require as much onsite parking. • Overall, the parking reduction will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The Board concludes that 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 based on the following findings: • Generally, downtown parking is provided in public parking facilities, rather than private surface lots or structures, to foster compact, pedestrian -oriented areas. • If there is excess demand for residential parking, it will likely not impact neighbors as there is generally enough existing parking infrastructure throughout the city to accommodate it. However, downtown parking availability may tighten as a result. • Increased pedestrian traffic around the proposed use will likely improve the commercial viability of nearby businesses. • Overall, the parking reduction will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not impair nearby property values. The Board concludes that establishment of the speck 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 based on the following findings: The downtown is already largely developed, and recent redevelopment projects have only increased the demand for additional improvements downtown. The proposed development will likely cause temporary closures of the alley or portions of the pedestrian mall as part of construction but will otherwise not impact development or improvement of surrounding properties in the long-term. Reducing parking specifically will not impede normal development. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: The existing alley provides adequate vehicular access to the proposed use, while the pedestrian mall provides adequate pedestrian access. Staff will ensure adequate utilities, drainage, and other necessary facilities are being provided through the site plan review and building permitting processes. The project is seeking tax increment financing (TIF), which will allow the project to move forward as proposed by filling the project's financing gap. TIF dollars will be rebated over 15 years but will not be limited to infrastructure improvements. ,dotloO signature verification: The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • Access to public streets is provided through a public alley which exits either east at the terminus of S. Dubuque Street or west onto S. Clinton Street at a midblock location. S. Dubuque Street intersects E. Burlington Street at a signal -controlled intersection. • Approximately 6 cars can queue on S. Dubuque Street at the signal, with additional spaces on the alley. • Depending on final trip generation characteristics, traffic signal timing at the S. Dubuque Street and E. Burlington Street intersection may need to be adjusted. • Both proposed parking level entrances are located on the alley at grade. • Adequate measures are being taken to minimize traffic congestion. The Board concludes that 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 based on the following findings: As the project progresses, staff will ensure that all applicable standards and regulations are met through the site plan review and building permitting processes. If TIF dollars are used as proposed, additional requirements will need to be met including: affordable housing (at least 15% percent of units must be affordable or a fee in lieu of units must be paid); sustainability (must meet at least LEED Silver standards); minimum improvements (such as for historic properties); and other public benefits. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use map of the Comprehensive Plan designates this area for General Commercial, and includes a goal to "preserve the historic, mainstreet character of the Downtown, while encouraging appropriate infill development to enhance the economic viability and residential diversity of the area". • The Downtown and Riverfront Crossings Master Plan includes objectives for the downtown district such as "protect historic character and key historic buildings" and "promote quality infill and redevelopment'. The development program for the area includes "residential options — new construction and rehab". • While the Master Plan does not specifically highlight this block for redevelopment, projects with limited onsite parking are generally supported downtown because "the City currently addresses parking demand through a parking district approach... instead of addressing parking on a project -by -project or site -by -site basis." • Reducing parking to promote historic preservation and provide contextual infill development is consistent with the Comprehensive Plan. DISPOSITON: By a vote of 3-1 (Chrischilles against), the Board approved a reduction in the minimum parking requirement by 60 percent for the properties located at 109,_ 111, 113-115, 117-119, 121, 127 E. College Street, subject to the following condition: Gotloop ssgnature verification 1. City Council adoption of a Historic District Overlay (REZ20-02) to designate the properties as a local historic landmark. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of Iowa City, Iowa. Q& -fii Lrar Ol]- IgC5� MfNNEK-5NEM�$PJO{Y.IL Amy Pretorius, Chairperson STATE OF IOWA JOHNSON COUNTY Approved by: City Attorney's Office I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 91" day of December, 2020 as the same appears of record in my Office. Dated at Iowa City, this day of CO fbl 20 z0 Kellie K Fruehling, City erk