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Home My WebLink About2022-07-13 BOA Agenda PacketIOWA CITY BOARD OF ADJUSTMENT Wednesday, July 13, 2022 – 5:15 PM City Hall, 410 East Washington Street Emma Harvat Hall Agenda: 1. Call to Order 2. Roll Call 3. In Memory of Amy Pretorius 4. Special Exception Item a. EXC22-0005: An application submitted on behalf of MidAmerican Energy to allow a basic utility use for an electric substation south of Lehman Avenue and east of Soccer Park Road. 5. Consideration of Meeting Minutes: June 8, 2022 6. Board of Adjustment Announcements 7. Adjournment If you need disability-related accommodations in order to participate in this meeting, please contact Kirk Lehmann, Urban Planning at 319-356-5230 or at kirk-lehmann@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Board of Adjustment Meetings Formal: August 10 / September 14 / October 12 Informal: Scheduled as needed. CANCELLED (Rescheduled for July 18, 2022) IOWA CITY BOARD OF ADJUSTMENT Wednesday, July 13, 2022 – 5:15 PM City Hall, 410 East Washington Street Emma Harvat Hall Agenda: 1. Call to Order 2. Roll Call 3. In Memory of Amy Pretorius 4. Special Exception Item a. EXC22-0005: An application submitted on behalf of MidAmerican Energy to allow a basic utility use for an electric substation south of Lehman Avenue and east of Soccer Park Road. 5. Consideration of Meeting Minutes: June 8, 2022 6. Board of Adjustment Announcements 7. Adjournment If you need disability-related accommodations in order to participate in this meeting, please contact Kirk Lehmann, Urban Planning at 319-356-5230 or at kirk-lehmann@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Board of Adjustment Meetings Formal: August 10 / September 14 / October 12 Informal: Scheduled as needed. July 13, 2022 Board of Adjustment Meeting EXC22-0005 ITEM 4A ON THE AGENDA Staff Report Prepared by Staff 1 STAFF REPORT To: Board of Adjustment Item: EXC22-0005 Parcel Number: 1026476003 Prepared by: Kirk Lehmann, Associate Planner Date: July 13, 2022 GENERAL INFORMATION: Applicant: On Behalf of MidAmerican Energy Company Civil Engineering Consultants, Inc. 2400 86th Street, Unit 12 Urbandale, IA 50322 Contact Person: Marty Dostalik Civil Engineering Consultants, Inc. 2400 86th Street, Unit 12 Urbandale, IA 50322 dostalik@ceclac.com Property Owner(s): Lake Calvin Properties, LLC 2871 Heinz Road, Suite B Iowa City, IA 52240 Requested Action: Establish a basic utility use Purpose: To allow the construction of an electrical substation Location: South of Lehman Avenue & East of Soccer Park Road Location Map: Size: 3.92 acres 2 Existing Land Use and Zoning: Agriculture; Rezoning to Neighborhood Public (P-1) requested Surrounding Land Use and Zoning North: Undeveloped / Agriculture; Interim Development – Multi-Family Residential (ID-RM) East: Undeveloped / Agriculture; Interim Development – Multi-Family Residential (ID-RM) South: Undeveloped / Agriculture; Interim Development – Multi-Family Residential (ID-RM) West: Undeveloped / Agriculture; Interim Development – Single- Family Residential (ID-RS) Applicable Code Sections: 14-4B-3A: General Approval Criteria 14-4B-4D-1b: Basic Utility Uses Not Enclosed Within A Building File Date: June 9, 2022 BACKGROUND: Mid-American Energy is seeking a special exception to build an electric substation on approximately 3.9 acres of undeveloped land south of Lehman Road, east of Soccer Park Road, and west of the Sycamore Greenway (Attachment 4). The purpose of this electric substation is to provide a reliable base of power to the surrounding area as it develops and the demand for electricity increases. City Council is currently considering a request to rezone the property to Neighborhood Public (P-1) (Case REZ22-0005), which would allow basic utility uses by special exception where certain screening and compatibility requirements are met. The Planning and Zoning Commission recommended approval of the proposed rezoning, and Council will consider the third and final reading on July 12, 2022. The staff report assumes the property is zoned P-1. If the rezoning is not approved or is postponed prior to the Board’s July 13 hearing, the Board must either deny or defer the requested special exception. The applicant may also withdraw the application. There are currently eight other substations in Iowa City, the earliest installed in 1962 and the latest in 2020. 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. The applicant chose not to hold a Good Neighbor meeting but did reach out to all neighboring property owners as part of the rezoning and special exception processes, including to provide them the proposed site plan. 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 in Section 14-4B-4D-1b, pertaining to basic utility uses not enclosed within a building, as well as the general approval criteria in Section 14-4B-3A. For the Board of Adjustment 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 are below. 3 Specific Standards: 14-4B-4D-1b(2): Basic Utility Uses Not Enclosed Within A Building in all commercial zones, the RDP and ORP zones, and the P-1, ID-C and ID-RP zones: (2) In all commercial zones, the RDP and ORP zones, and the P-1, ID-C and ID-RP zones, basic utility uses 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. The proposed use must 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 subject property is more than 850 feet from the closest residential development, which is a multi-family complex north of Lehman Avenue, and surrounding areas are undeveloped and currently used for agriculture. • The site plan indicates that the proposed substation would be 210 feet by 257 feet and includes 50-foot dead end towers to receive transmission lines as well as 50-foot-high shield masts which tap into the existing transmission line along its west property line. • The proposed substation would be at a lower elevation than properties to the north, west, and south and a higher elevation than properties to the east. • The substation would be set back approximately 75 feet from the south property line, 120 feet from the west property line, 90 feet from the north property line, and 75 feet from the east property line and would be surrounded and secured by an 8-foot-tall chain link fence with barbed wire. • The site plan shows S3 (High) screening around the property. At the time of maturity, all plantings will be at least 8 feet tall with 61 trees over 40 feet tall. • Future uses in the area may include additional residential development to the west, north, and east. To the south, land may be retained as a 1,000-foot buffer for the City’s wastewater treatment plant or developed as residential. Staff recommends that S3 screening on all side of the property be a condition of approval as a result. • The proposed use is large, but the property is compatible with surrounding uses because it abuts existing transmission lines and is adjacent to the wastewater treatment buffer within which residential development is less desirable. • The applicant mitigates impacts on future development near the subject property by showing S3 landscaping and by installing the substation prior to surrounding development. As a result, those who move to the area will be aware of its presence in advance, rather than locating an electric substation within an existing neighborhood. 4 General Standards: 14-4B-3: Special Exception Review Requirements: 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. FINDINGS: • The proposed use provides a critical piece of infrastructure that will provide a reliable base of power and will help pave the way for future growth in the area. • The site plan shows the proposed use surrounded with a barbed wire fence which prevents access to unauthorized persons and mitigates potential safety issues. • Other substations in Iowa City are near a variety of uses, including residential areas. 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 use would provide power to future residents and businesses nearby. • The subject property is surrounded by undeveloped land that is currently used for agriculture, and the nearest residential development is north of Lehman Avenue more than 850 feet away. • The applicant notes that the sound level from the proposed substation will be between 35 and 41 decibels, similar to the level of noise of a library, bird calls, or ambient urban noise. Setbacks and screening will help mitigate noise for future uses nearby. • Typical lighting for the proposed use would be minimal (3,864 lumens) with additional lighting activated by approaching vehicles (30,600 lumens) or when emergency work is required (416,000 lumens). As a result of the infrequent nature of more intens e lighting, there should be little impact on surrounding properties. • Installing a substation prior to the surrounding neighborhood allows those moving to the area to be aware of its presence in advance, rather than locating an electric substation near or within an existing neighborhood 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 demonstrate that residential development continues in the surrounding vicinity. Most recently, residential projects including townhomes were constructed following the installation of an electrical substation at the intersection of Foster Road and Prairie Du Chien Road. • The proposed use is set back from adjacent property lines at least 75 feet on all sides and proposed landscaping improvements will help mitigate visual impacts. 5 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: • Access to the subject property will be from Lehman Avenue via a temporary public access easement agreement. The access easement shall be released upon dedication of right-of-way when the land is final platted, at which time the property will have direct access to public right-of-way. • The proposed substation would provide electricity to serve the area. • The applicant indicates that stormwater will be managed via an easement to the Sycamore Greenway which acts as a stormwater detention facility. The recommendation for rezoning includes a condition that stormwater must be managed either via an easement or using onsite detention. Compliance with the City’s stormwater management regulations must be demonstrated prior to site plan approval. • Staff will ensure compliance with all applicable standards during site plan review. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • Access to the subject property will be from Lehman Avenue via a temporary public access easement agreement which will be replaced with direct access to public right- of-way upon final platting of the surrounding area. • Lehman Avenue is currently unimproved at the proposed access point, but the owner will extend the chip seal surface to the access point as a condition of the rezoning. • Following construction, the proposed use is expected to produce minimal traffic for routine maintenance and inspections. There will not be permanent employees onsite. 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 proposed basic utility use meets the dimensional requirements and site development standards of Neighborhood Public (P-1) zones, including setbacks and screening, though such uses are exempt from base zone height standards. • The site contains hydric soils but no wetlands or remnant prairies. • Landscaping shown on the site plan is generally consistent with S3 (High) screening along all property lines, and staff recommends that it meet the S3 standard as a condition of approval. • Because the property is zoned public and is surrounded by residential interim development zoning, the property is subject to S1 (Low Ambient Lighting) standards, which would allow a maximum light output of 196,000 lumens. Lighting for the proposed use under normal conditions would be up to 34,464 lumens. Additional lighting for emergency repair situations would temporarily bring the total light output to 450,464 lumens. The site plan indicates that additional lighting will only be used when required for worker safety during emergency situations between dusk and dawn. • Staff will ensure compliance with all applicable standards during site plan and building permit review. 6 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: • The South District Plan future land use map identifies the subject property as being appropriate for form-based land uses, primarily Transect 3: Suburban Neighborhood General and Transect 4: General Urban Neighborhood Medium. These are appropriate for a variety of residential uses, including missing middle housing types. • The Comprehensive Plan future land use map shows the area as residential development at 2-8 Dwelling Units Per Acre. • Essential utility uses serving future residential development is consistent with these future land use designations. • The Comprehensive Plan supports coordination between private utilities and the City to provide the highest levels of service for areas under development at an efficient cost. • The proposed location is not contiguous with existing development, but it is suitable for the proposed use due to its proximity to existing transmission lines and to the 1,000- foot buffer from the wastewater treatment plan. STAFF RECOMMENDATION: Staff recommends approval of EXC22-0005, to establish a basic utility use in a Neighborhood Public (P-1) zone for an electric substation for the property located at parcel #1026476003, south of Lehman Avenue and east of Soccer Park Road, subject to the following conditions: 1. Provide for screening to the S3 standard along all property lines, the design of which shall be approved as part of site plan review. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Correspondence 4. Application Materials Approved by: _________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services July 13, 2022 Board of Adjustment Meeting EXC22-0005 ATTACHMENT 1 Location Map Prepared by Staff LEH M A N AVE SO C C E R P A R K R DEXC22-0005Parcel #1026476003South of Lehman Ave and East of Soccer Park Rdµ 0 0.1 0.20.05 Miles Prepared By: Kirk LehmannDate Prepared: June 2022 An application submitted on behalf of MidAmerican Energyfor a special exception allowing a basic utility use in aP-1 zone for approximately 3.9 acres of property locatedsouth of Lehman Avenue and east of Soccer Park Road. July 13, 2022 Board of Adjustment Meeting EXC22-0005 ATTACHMENT 2 Zoning Map Prepared by Staff LEH M A N AVE S O C C E R P A R KRDID-RM ID-RS P1 RR1 RM12 EXC22-0005Parcel #1026476003South of Lehman Ave and East of Soccer Park Rdµ 0 0.1 0.20.05 Miles Prepared By: Kirk LehmannDate Prepared: June 2022 An application submitted on behalf of MidAmerican Energyfor a special exception allowing a basic utility use in aP-1 zone for approximately 3.9 acres of property locatedsouth of Lehman Avenue and east of Soccer Park Road. P-1 July 13, 2022 Board of Adjustment Meeting EXC22-0005 ATTACHMENT 3 Correspondence Submitted by the Identified Party June 21, 2022 RE: Special Exception for Parcel #1026476003 Dear Property Owner and/or Occupant: The Iowa City Board of Adjustment has received an application submitted on behalf of MidAmerican Energy requesting a special exception to allow construction of an electrical substation on parcel #1026476003, a property located south of Lehman Avenue and east of Soccer Park Road (see attached map). As a neighboring property owner and/or occupant, you are being notified of this application. If you know of any interested party who has not received a copy of this letter, we would appreciate it if you would inform them of the pending application. The Board of Adjustment will review this application at a public meeting tentatively scheduled for July 13, 2022 at 5:15 pm in Emma Harvat Hall, City Hall, 410 East Washington Street, Iowa City. Because the meeting is subject to change, you may wish to call 319-356-5230 or check the City of Iowa City’s website, www.icgov.org/BOA, the week of the meeting to confirm the meeting agenda. You are welcome to attend this public meeting to present your views concerning this application. You may also submit written information to me for consideration in advance of the meeting, and I will include your comments in the information to be considered by the Board. Please do not hesitate to contact me at kirk-lehmann@iowa-city.org or 319-356-5230 if you have any questions or comments about this application or if you would like more information on the Board of Adjustment review process. Sincerely, Kirk Lehmann Associate Planner City of Iowa City Department of Neighborhood and Development Services What is the Board of Adjustment? The Board of Adjustment is panel made up of Iowa City citizens appointed by the City Council. The board reviews and grants special exceptions and variances and also considers appeals when there is a disagreement about an administrative zoning decision made by the City. Members of the board act like judges, making decisions about individual properties and uses that may have difficulty meeting a specific zoning regulation or to resolve disputes about administrative zoning decisions. The actions and decisions of the Board of Adjustment are binding upon all parties unless overturned upon appeal to District Court. What is a special exception? There are two types of special exceptions. 1. Within the zoning code a number of land uses are set apart as special exceptions that may be permitted in certain zones. Rather than permitting these uses outright, each is reviewed on a case-by-case basis to ensure that they do not negatively affect surrounding properties. For example, daycare centers are permitted in residential zones by special exception. The same is true of churches and private schools. All may be appropriate uses in residential zones, if certain criteria such as parking, screening, and other requirements are met. 2. Adjustments to specific zoning requirements in cases where there are unique circumstances. Again, the opportunity to adjust these requirements and the criteria for allowing such adjustments are described in the Zoning Code. For example, a homeowner may apply for a reduction in a building setback in order to accommodate an addition or other improvement to their property. The Zoning Code lists explicitly each use and standard for which a special exception may be considered. In other words, you can’t request a special exception for everything—only those things called out as special exceptions in the Code. The Code also provides criteria specific to each request. Applicants must provide evidence that they satisfy each of these criteria, and the Board must consider these criteria when making a determination as to whether to grant a special exception. What is a variance? A variance grants a legal right to an owner to develop property in a manner that deviates from a specific provision of the Zoning Code and for which a special exception is not expressly allowed. In seeking relief from the restrictions in the Zoning Code, the property owner applying for the variance must show that the strict application of the Zoning Code would cause and unnecessary hardship such that the property in question is unusable or that a literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the zoning district. In addition the circumstances that create this hardship must be unique to the property in question and must not be of the property owner’s own making. What is an appeal? The Board considers and rules on appeals from any citizen who believes there is an error in any decision, determination, or interpretation made by the City or its designee in the administration of the Zoning Code. As with their other decisions, the Board’s ruling is binding on all parties unless overturned on appeal to the District Court. How does the review process work? An application requesting a special exception, variance, or an appeal is a request. The Board makes a decision on whether to grant a specific request only after City staff have provided a review of an application and the public has had an opportunity to make its concerns known. The Board not only has the right to approve or deny requests, but may also choose to approve request subject to certain conditions. In making decisions, the Board may only consider comments and evidence relevant to the specific standards provided in the code. City Development Staff provide reports to the Board for each application on the agenda. The Staff Report provides background information on the application, informs the Board of all the criteria in the Code that a particular application must satisfy, and interprets whether and how an application has satisfied these criteria. How can I participate in the process? Because most applications will be reviewed and decided upon at a single public hearing, it is important for interested parties to respond in a timely and informed manner. Those who wish to speak for or against an application are given an opportunity to be heard by the Board at the hearing, but may also submit written comments prior to the meeting. Written comments must be delivered to the Department of Neighborhood & Development Services at City Hall no later than 5 days before the hearing in order to be included with the Staff Report. All correspondence submitted after that time will be delivered to the Board at the time of the hearing. The Board considers the application, the recommendation of staff (in the staff report) and any additional information, correspondence, or testimony provided at the hearing. Board of Adjustment hearings are usually held on the second Wednesday of each month at 5:15 p.m. in Emma J. Harvat Hall in City Hall. You can find more information at the following website: www.icgov.org/boa. The Staff Report can be very useful to anyone who is unfamiliar with the BOA process or with the Zoning Code and will provide an understanding of the criteria that the Board must consider in rendering its decision. Staff Reports may be obtained from the Department of Neighborhood & Development Services. E-mail kirk-lehmann@iowa- city.org to request a copy of a report. If you have questions about an application or if you simply want more information about issues related to the Board of Adjustment, please feel free to contact Kirk Lehmann at 319-356- 5230 or e-mail kirk-lehmann@iowa- city.org. To submit comments to the Board of Adjustment write to the Board of Adjustment c/o the Department of Neighborhood & Development Services, 410 E. Washington St., Iowa City IA 52240 or e-mail kirk-lehmann@iowa- city.org. Board of Adjustment: Frequently Asked Questions LEH M A N AVE SO C C E R P A R K R DEXC22-0005Parcel #1026476003South of Lehman Ave and East of Soccer Park Rdµ 0 0.1 0.20.05 Miles Prepared By: Kirk LehmannDate Prepared: June 2022 An application submitted on behalf of MidAmerican Energyfor a special exception allowing a basic utility use in aP-1 zone for approximately 3.9 acres of property locatedsouth of Lehman Avenue and east of Soccer Park Road. FUTUREEXPANSIONPOWERDISTR.CENTER1235412354SITE LAYOUT & ROCK PLAN C21-41 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 ______ ________-__-____ __-__-____ __-__-__________ ______ ______ ______ ________-__-____ __-__-____ __-__-____ __-__-____ ________-__-_______ ___ ___ ___ ___ ___ ___ ___ 06-09-2022 MMD MMD JWA 1" = 40' 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________-__-_______ FOR CITY SUBMITTAL 06-09-2022 I IKLKOUNTRY LANE SUBSTATION JOHNSON COUNTY, IOWA K L________-__-_______ 0'40'80'Q:\E-FILES\E-8000\E8314\_C3D Drawings\Construction Plans\South SIte\E8314 Site Layout.dwg, 6/9/2022 10:28:39 AM, mdostalik, 1:2 Parcel Number Mailing Name Mailing Ad Mailing Address2 Mailing Address3 Mailing ZipLegal DescrDeed Holder1 Property ClCity (mail) Zip Code Property Address1026476003 LAKE CALVIN PROPERTIES LLC 2871 HEINZ RD STE B IOWA CITY, IA 52240 STR 26‐79‐ LAKE CALVIN PROPERTIES, LLC A 1026476004 LAKE CALVIN PROPERTIES LLC 2871 HEINZ RD STE B IOWA CITY, IA 52240 STR 26‐79‐ LAKE CALVIN PROPERTIES, LLC A 1026451002 PLEASANT VALLEY LP PO BOX 3113 IOWA CITY, IA 52244‐311 STR 26‐79‐ PLEASANT VALLEY L P A 1026427001 PLEASANT VALLEY LP PO BOX 3113 IOWA CITY, IA 52244‐311 STR 26‐79‐ PLEASANT VALLEY L P A 1026403003 SYCAMORE APARTMENTS 2871 HEINZ RD STE B IOWA CITY, IA 52240 STR 26‐79‐ SYCAMORE APARTMENTS A July 13, 2022 Board of Adjustment Meeting EXC22-0005 ATTACHMENT 4 Special Exception Application Submitted by the Applicant Project Description: This request is to allow the construction of an electric substation in the P-1 zoning district. IOWA CITYJOHNSON COUNTYIOWA CITYJOHNSON COUNTYIOWA CITYJOHNSON COUNTYIOWA CITYJOHNSON COUNTYCEC Civil Engineering Consultants, Inc. 2400 86th Street . Unit 12 . Des Moines, Iowa 50322 515.276.4884 . Fax: 515.276.7084 . mail@ceclac.com IDATE: DESIGNED: DRAWN: APPROVED: SCALE:DESCRIPTIONAPPDFTRDATEREV 01 02 03 04 0510 09 08 07 06 REV DATE DFTR APP DESCRIPTION ______ ______ ________-__-____ __-__-____ __-__-____ __-__-__________ ______ ______ ______ ________-__-____ __-__-____ __-__-____ __-__-____ ________-__-_______ ___ ___ ___ ___ ___ ___ ___ ___ IKLKOUNTRY LANE SUBSTATION JOHNSON COUNTY, IOWA SITE NOTES & DETAILS 07-06-2022 MMD MMD JWA K L CEC Civil Engineering Consultants, Inc. 2400 86th Street . Unit 12 . Des Moines, Iowa 50322 515.276.4884 . Fax: 515.276.7084 . mail@ceclac.com C21-40________-__-_______ 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 3rd SUBMITTAL SPEC. EXCEPTION 07-06-2022Q:\E-FILES\E-8000\E8314\_C3D Drawings\Construction Plans\South SIte\E8314 Notes & Details.dwg, 7/6/2022 12:31:21 PM, mdostalik, 1:2 FUTUREEXPANSIONPOWERDISTR.CENTER1235412354SITE LAYOUT & ROCK PLAN C21-41 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 ______ ________-__-____ __-__-____ __-__-__________ ______ ______ ______ ________-__-____ __-__-____ __-__-____ __-__-____ ________-__-_______ ___ ___ ___ ___ ___ ___ ___ 07-06-2022 MMD MMD JWA AS NOTED 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________-__-_______ 3rd SUBMITTAL SPEC. EXCEPTION 07-06-2022 I IKLKOUNTRY LANE SUBSTATION JOHNSON COUNTY, IOWA K L________-__-_______Q:\E-FILES\E-8000\E8314\_C3D Drawings\Construction Plans\South SIte\E8314 Site Layout.dwg, 7/6/2022 12:31:22 PM, mdostalik, 1:2 ∆ GRADING & 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 ______ ________-__-____ __-__-____ __-__-__________ ______ ______ ______ ________-__-____ __-__-____ __-__-____ __-__-____ ________-__-_______ ___ ___ ___ ___ ___ ___ ___IKLKOUNTRY LANE SUBSTATION JOHNSON COUNTY, IOWA 07-06-2022 MMD MMD JWA AS NOTED 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.N3rd SUBMITTAL SPEC. EXCEPTION 07-06-2022 ________-__-_______ ________-__-_______ I K L MIDAMERICAN TMENERGY COMPANYQ:\E-FILES\E-8000\E8314\_C3D Drawings\Construction Plans\South SIte\E8314 Grading Plan.dwg, 7/6/2022 12:31:28 PM, mdostalik, 1:2 FUTUREEXPANSIONPOWERDISTR.CENTER1235412354A A B B B B B B B B C C SITE LANDSCAPE & SEEDING 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 ______ ________-__-____ __-__-____ __-__-__________ ______ ______ ______ ________-__-____ __-__-____ __-__-____ __-__-____ ________-__-_______ ___ ___ ___ ___ ___ ___ ___ 07-06-2022 MMD MMD JWA AS NOTED 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________-__-_______ 3rd SUBMITTAL SPEC. EXCEPTION 07-06-2022 I IKLKOUNTRY LANE SUBSTATION JOHNSON COUNTY, IOWA K L________-__-_______ A B C Key Quantity Botanical Name Common Name Installed Size Mature Size (H x W) Ac 5 Abies concolor White Fir 6' Height 60' x 20' Ag 3 Amelanchier x grandiflora Autumn Brilliance Serviceberry 6' Height (Clump)20' x 20' Co 4 Celtis occidentalis Hackberry 2" Dia.70' x 40' Gt 6 Gleditsia triacanthos 'Shademaster'Shademaster Honeylocust 2" Dia.60' x 35' Gd 3 Gymnocladus dioicus 'Espresso'Espresso Kentucky Coffeetree 2" Dia.50' x 35' Js 40 Juniperus chinesis 'Spartan'Spartan Juniper 6' Height 15' x 5' Po 27 Physocarpus opulifolius 'Monlo'Monlo Ninebark 30" Height 8' x 8' Pa 12 Picea abies Norway Spruce 6' Height 60' x 30' Pg 12 Picea glauca densata Black Hills Spruce 6' Height 40' x 30' Pp 6 Picea pungens 'Fat Albert'Fat Albert Spruce 6' Height 20' x 15' Ps 11 Pinus stobus White Pine 6' Height 50' x 30' Qb 8 Quercus bicolor Swamp White Oak 2" Dia.60' x 50' Sc 12 Sambucus canadensis Elderberry 36" Height 10' x 10' Ts 27 Thuja occidentalis 'Smaragd'Emerald Green Arborvitae 36" Height 15' x 4' Vd 23 Viburnum dentatum 'Chicago Lustre'Arrowwood Viburnum 36" Height 10' x 10' SCALE: 1"=60' SCALE: 1"=30' (11"x17") (22"x34") 0' 10' 20' 30' 60'Q:\E-FILES\E-8000\E8314\_C3D Drawings\Construction Plans\South SIte\E8314 Landscape.dwg, 7/6/2022 12:31:30 PM, mdostalik, 1:2 LILLIS O’MALLEY OLSON MANNING POSE TEMPLEMAN LLP Writer’s Email Address: cpose@lolaw.com June 8, 2022 The City of Iowa City Zoning Board of Adjustment c/o Kirk Lehmann 410 East Washington Street Iowa City, Iowa 52240-1826 Re: Letter in Support of MidAmerican Energy Company South Kountry Lane Substation Honorable Chair and Members of the Board of Adjustment: Our Law Firm represents MidAmerican Energy Company and submits this letter in support of an Application for Special Exception for property to be rezoned P-1 as part of REZ22- 002 and further described in our materials. This letter is intended to address the “Specific Criteria” required by section 14-4B-4D-1b as well as the General Criteria in section 14-4B-3A for purposes of our application. The proposed electric utility substation will transform electricity now transmitted at 161kV through existing lines down to residential and commercial power at 13.2kV suitable for developing the South District Plan area which surrounds the substation as well as supporting the existing electrical substations in the city. The substation meets the following: Specific Criteria (14-4B-4D-1b) 2. In P-1 zones, basic utility uses 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. The proposed use must 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. MICHAEL W. O’MALLEY EUGENE E. OLSON DANIEL L. MANNING, SR. CHRISTOPHER R. POSE JOEL B. TEMPLEMAN* DANIEL M. MANNING, JR. *LICENSED IN IOWA & ILLINOIS ATTORNEYS AT LAW (ESTABLISHED 1917) 317 SIXTH AVENUE, SUITE 300 DES MOINES, IOWA 50309-4127 ________ TELEPHONE (515) 243-8157 FAX (515) 243-3919 WWW.LILLISOMALLEY.COM JOHN CONNOLLY, JR. (1891-1975) GEORGE E. O’MALLEY (1905-1982) JOHN CONNOLLY, III (1918-1998) BERNARD J. CONNOLLY (1920-1970) C. I. MCNUTT (1901-1958) STREETAR CAMERON (1957-2008) WILLIAM J. LILLIS (1943-2019) LILLIS O’MALLEY OLSON MANNING POSE TEMPLEMAN, LLP June 8, 2022 Page 2 ______________________________________________________________________________ The substation will be screened with landscaping in accordance with a landscape plan which complies with the City’s S-3 standard. The surrounding property is undeveloped. The lands immediately to the south of the proposed substation are likely to be acquired as a buffer area for the City’s wastewater treatment plant. The use is compatible with surrounding structures and uses in regard to safety, size, height, scale, location and design. The use is not in a highly visible area as it is well south of Lehman Ave. It should be noted that this will be the ninth substation to be operated in Iowa City by MidAmerican Energy Company. The following other substations exist within the City and have been present in serving developments within the City. Substation Name City Address Date in Service Sub E Iowa City 1630 Lower Muscatine Rd. 1962 Sub B Iowa City 708 S. Capitol St. 1967 Sub J Iowa City 1120 Mormon Trek Blvd. 1980 Sub U Iowa City 1001 Hawkins Dr. 1981 Sub L Iowa City 709 S. Capitol Rd. 1988 Northgate Sub Iowa City 926 ACT Road 2003 Sub Y Iowa City 2200 Heinz Rd. 2003 Foster Road Sub Iowa City 860 East Foster Road 2020 General Criteria (14-4B-3A) 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The substation will not be detrimental to or endanger the public health, safety, comfort or general welfare. In fact, as history has shown the substations support the goals of safety, health and general welfare by providing a reliable source of electric power for use by the surrounding area. 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. There is no detrimental impact to properties in the immediate area. We have worked with Lake Calvin (the selling owner) to make this compatible with their plans. LILLIS O’MALLEY OLSON MANNING POSE TEMPLEMAN, LLP June 8, 2022 Page 3 ______________________________________________________________________________ Again, the substation will be adjacent to MidAmerican’s existing 161kV transmission line and the City’s sanitary sewer buffer area. 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. MidAmerican Energy Company has worked with the landowner to position the substation adjacent to the existing transmission lines present in the area since 1962. It is providing minimal intrusion to the surrounding development lands. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. An access road will be provided from Lehman Avenue by easement. Storm water management is being provided by an easement through the future city buffer land to the City’s detention basin. There are no substantial utilities required for this development. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. The proposed substation will have very little traffic following its initial construction with likely only one service vehicle visiting the substation on a monthly basis or as needed. It is not a public destination and will not create congestion in any public street. 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. All setbacks and requirements of the P-1 of the district are being observed. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. The comprehensive plan at numerous places indicates that reliable source of electric power and adequate utilities are provided for the surrounding area to develop. No Comprehensive Plan amendment was needed when this property was zoned to P-1. So it is clearly compatible. LILLIS O’MALLEY OLSON MANNING POSE TEMPLEMAN, LLP June 8, 2022 Page 4 ______________________________________________________________________________ Please contact me if you have any questions. Sincerely, /s/ Christopher R. Pose Christopher R. Pose For the Firm CRP/ta Cc: Jon Austin Dawn Carlson Marty Dostalik 2400 86th Street, Suite 12 • Des Moines, Iowa 50322 • 515-276-4884 • mail@ceclac.com • www.ceclac.com For Specific Approval Criteria, please see "City of Iowa City Ltr 6-7-22 (JWA).pdf" uploaded under the Genera Approval Criteria category. pin owner house street city state zip Class1026451002 PLEASANT VALLEY L P PO BOX 3113 IOWA CITY IA 52244‐3113AG LAND1026476003 LAKE CALVIN PROPERTIES 2871 HEINZ RD STE B IOWA CITY IA 52240 AG LAND1026427001 PLEASANT VALLEY L P PO BOX 3113 IOWA CITY IA 52244‐3113AG LAND1026403003 SYCAMORE APARTMENTS 2871 HEINZ RD STE B IOWA CITY IA 52240AG LAND1026476004 SYCAMORE FARMS COMPANY 2871 HEINZ RD STE B IOWA CITY IA 52240 AG LAND Kountry Lane – South Site Substation Parcel Legal Description A parcel of land in the NE 1/4, SE 1/4 and the SE 1/4, SE 1/4 of Section 26, T-79N, R-6W of the 5th P.M., City of Iowa City, Johnson County, Iowa, more particularly described as follows: The West 455.0 feet of the North 375.0 feet of Auditor's Parcel #2003 131 as recorded in Book 46, Page 244 of the Johnson County Recorder's office. July 13, 2022 Board of Adjustment Meeting PRELIMINARY MEETING MINUTES ITEM 5 ON THE AGENDA June 8, 2022 Prepared by Staff MINUTES PRELIMINARY BOARD OF ADJUSTMENT FORMAL MEETING EMMA HARVAT HALL JUNE 8, 2022 – 5:15 PM MEMBERS PRESENT: Nancy Carlson, Gene Chrischilles, Bryce Parker, Mark Russo MEMBERS ABSENT: Amy Pretorius STAFF PRESENT: Sue Dulek, Kirk Lehmann OTHERS PRESENT: Thomas Scesniak CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Chrischilles outlining the role and purpose of the Board and the procedures that would be followed in the meeting. SPECIAL EXCEPTION ITEM EXC22-0004: An application submitted by JAM Investments of Iowa City requesting to expand an existing drive-through facility associated with an eating establishment in a Community Commercial (CC- 2) zone at 1926 Keokuk Street. Chrischilles opened the public hearing. Lehmann began the staff report with an aerial of the property located in the Pepperwood Plaza commercial area, it was formerly Pizza Hut with an existing drive-through. The proposal is to turn it into a Popeye's and expand a portion of the drive-through. Access to this site is through the Pepperwood Plaza area, including the Keokuk Street access, which is directly to the north of the site. Lehmann noted there's also access to Highway 6 East as well as Broadway Street to the north and east respectively. The subject property is generally surrounded by commercial uses, Lehmann referred to the zoning map noting all surrounding uses are CC-2. In terms of background, Lehmann stated this building was built initially in 2004, which was prior to the zoning code being updated in 2005. The building has an existing drive-through that is considered a legal non-conforming development. The drive-through facility is accessed from the parking lot, which is north of the building, and exits onto the shared drive to the south of the building. There's also a pedestrian connection on the east side of the lot and a sidewalk on Keokuk Street to the west. Lehmann showed the existing site layout and then the proposed site plan. The plan is to expand the drive-through by adding two lanes that would have order boards then would converge into the single existing drive-through lane for access to the pickup window. Lehmann noted there would be some reconfiguration of parking and the building would be shrunk a little bit, but otherwise a lot of it is maintained. The applicant is also proposing to delineate the pedestrian path that runs along the east property line Board of Adjustment June 8, 2022 Page 2 of 7 The Board of Adjustment is charged with approving, approval with conditions, or denying the application based on the facts presented. To approve the special exception the Board must find that all applicable approval criteria are met which includes a specific standards pertaining to the waiver requested and then also general standards that apply to all special exceptions. Specific standards for drive-through facilities are discussed at 14-4C-2K-3 of the zoning code. The first set of standards is related to circulation and there are several sub criteria as part of that. First is that wherever possible and practical, drive-through lanes shall be accessed from secondary streets, alleys or shared cross access drives. Lehmann noted in this case, the drive- through facility is accessed from a shared private drive which is part of the Pepperwood Plaza tract. That shared drive connects to Keokuk Street to the west, Highway 6 to the north and Broadway Street to the east, but the proposed drive-through facility is not and cannot be accessed directly from the street so staff feels this criteria is met. Second, to provide for safe pedestrian movement the number and width of curb cuts serving the use may be limited. Lehmann stated no changes to curb cuts are proposed as part of the project on public streets or in areas where pedestrian movement is anticipated. Next is an adequate number of stacking spaces must be provided and the minimum for eating establishments is six stacking spaces. This site plan shows two order lanes that converge into a single pickup lane with a combined stacking capacity for 12 vehicles, which exceeds that minimum of six. The parking aisle with the drive-through also has adequate space to accommodate some spillover traffic which minimizes traffic safety impacts. Staff does recommend a condition of approval be general compliance with the site plan that was submitted and is part of the agenda packet. The final criteria for access is that sufficient on site signage and pavement marking shall be provided to ensure traffic safety. The site plan shows directional arrows in the drive-through parking areas and a Do Not Enter sign at the drive-through exits. The pedestrian routes along the east property line are also demarcated with dyed concrete where it crosses the parking aisle so staff finds this standard to be met. The next criterion is related to the location of the drive-through. The drive-through must be on a non-street facing facade unless it can be demonstrated that the street facing location is preferable for overall safety and efficiency and does not conflict with adjacent uses. Lehmann explained that the proposed drive-through is an expansion of an existing non-conforming drive- through on the Keokuk Street facing facade of the building and a portion of the existing non- conforming drive-through will continue to be utilized in proposed facility. Changes to the drive- through will not affect pedestrian access and the applicant is showing a new street tree on the site plan which helps provide some consistency with typical commercial streetscapes. Lehmann noted overall the proposed facility is consistent with adjacent commercial uses, it's been there for 15 years or so, and as long as the proposed drive-through facility conforms with the submitted site plan, which includes the landscaping plan, staff believes this criterion is met. The second location criterion is that the drive-through lanes must be set back 10 feet from adjacent lines and public rights of way and screened from view according to the design standards. Lehmann stated all new portions of the proposed drive-through facility are setback 10 feet from the Keokuk Street right of way, there are some existing portions of the drive-through facility that are less than 10 feet that are non-conforming, but the existing non-conforming development may remain, and a landscaping plan was submitted as well, but he will discuss the screening later in the report. Based on these criteria, staff believes that these standards are met. Next there are design standards for drive-through facilities related to the character of the area. Board of Adjustment June 8, 2022 Page 3 of 7 The first of those is that to promote compatibility with surrounding developments, the number of drive-through lanes should be limited to not impact the streetscape or safety of the area. The site plan shows the two drive-through lanes converging into a single 14-foot lane along the west edge of the property which is an expansion of an existing drive-through in a commercial district. However, that expansion is relatively limited and those two additional lanes will have the order boards and add some stacking spaces. There is screening between the new portion of the drive-through lanes and Keokuk Street right of way that will help minimize the impacts of stacking on surrounding development and the pedestrian environment. Generally, the amount of paving will be decreased due to the proposed project as well as the building size so staff believes this criterion is met. Next, drive-through lanes, bays and stacking spaces shall be screened from adjacent properties to the S2 standard or a higher standard if there's residential properties nearby. In this case, the drive-through facility is not next to residential uses or zones and all new portions of the proposed drive-through facility are screened from Keokuk Street adjacent properties to the S2 standard. Existing portions of the drive-through that are not screened to the S2 standard are part of that existing non-conforming drive-through facility. Third, multiple order boards servicing a single stacking lane should be considered to reduce idling on sites. In this case there are two kiosks for ordering and a single window for payment and pickups for the drive-through. Next, stacking spaces, driveways, and drive-through window should be located to minimize potential for vehicular or pedestrian conflicts and be integrated in the landscape and streetscape design. Lehmann stated in this case, no new vehicular and pedestrian conflicts are created, this is an existing facility. There may be some potential conflicts between vehicles exiting the drive-through lanes and vehicles utilizing the shared drives but there's generally adequate room to maneuver and the area has slow traffic speeds, low traffic volumes, and visibility is pretty good, so staff doesn't believe that is an issue here. In addition, this is an expansion of an existing drive-through in a commercial district, so it generally fits with the streetscape in that regard and landscaping elements also help ensure that it's integrated to minimize impacts to the streetscape design. Fifth, lighting for the drive-through facility must comply with outdoor lighting standards at 14-5G in the zoning code. The submitted photometric plan meets the City's physical control standards, which help control light trespass and glare. A total outdoor light output calculation was not included on the photometric plan submitted with the application (and included in the agenda packet) but staff received revised plans this morning and those revised plans need to be reviewed, however based on the information submitted staff believes that the criterion is met, and also those things get checked during site plan review. The sixth standard was repealed and the seven standard is that loudspeakers or intercom systems if allowed are located and directed to minimize disturbance to adjacent uses. There are two kiosks for ordering that are oriented to the northeast so they don't face the adjacent right of way and the property is not adjacent to residential uses so staff believes that this criterion is met. Lehmann next reviewed the seven standards that are required for all special exceptions found at 14-4B-3. First is that it shall not be detrimental to or endanger public health, safety, comfort or general welfare. Again, this is an expansion of existing facility, but staff does not anticipate that it's going to substantially increase traffic to the site over previous levels and vehicular circulation and access are adequate to accommodate drive-through traffic. There are no new conflicts between vehicles or pedestrians created by the expanded facility, though there might be some conflicts between vehicles exiting the drive-through and the shared lane to the south. Lehmann reiterated however the area has low traffic volumes and traffic speeds are slow and visibility is good. Staff feels this criterion is met. Board of Adjustment June 8, 2022 Page 4 of 7 Second, the proposed exception will not injure or negatively affects surrounding properties. Again, it's in a commercial area and complimentary to surrounding uses and it is similar to the use that was there previously. Lehmann added there will be new screening and a new street tree that will help mitigate impacts to adjacent properties. Staff feels this criterion is met. Third that it will not impede normal and orderly development of surrounding property. This area is fully developed with commercial uses and future redevelopment and improvement of adjacent property should not be affected by the proposed drive-through expansion. Fourth, that necessary facilities are provided. Again, it's an existing area so sufficient utilities, access roads and facilities are established for the area. Lehmann added because the plan will increase green space on the site, as shown in landscaping plan, that should improve stormwater management on the property. The fifth relates to measures for ingress or egress on public streets. Again, there are adequate spaces for stacking vehicles and the drive-through lanes are accessed from an exit to shared drives, not public streets. As previously mentioned, there may be some potential conflicts but staff doesn't believe that those will be problematic. Adequate signage and pavement markings are proposed on the site plan so staff does not anticipate any substantial negative impacts. Sixth, the special exception must conform with all the standards in the zone. Lehmann noted with regards to parking, this drive-through facility will reduce the number of parking spaces that are on site, but it retains 20 spaces which is above the minimum parking requirement for the use in the zone, which is nine spaces. The site plan also includes six bicycle parking spaces as well, which brings a legal non-conforming component into conformance with the zoning code, so that's a good thing. The property again is legal non-conforming but the project does not increase occupancy. Staff will ensure that changes to the site design conform with any applicable zoning standards and regulations during the site plan review. Finally, the special exception has to comply with the Comprehensive Plan. The future land use maps for the area in the Comprehensive Plan show it as general commercial, and it is shown as commercial in the south District Plan. Additionally, the Comprehensive Plan supports encouraging new business development in existing core or neighborhood commercial areas, so staff believes that this is consistent with the Comprehensive and District Plans. Staff did not receive any correspondence regarding this application. Staff recommends approval of EXC22-0004, to allow a drive-through facility for the property located at 1926 Keokuk Street, subject to the following conditions: 1. General compliance with site plan dated May 27, 2022. There were no immediate questions for staff so the Chair called the applicant to address the Board. Thomas Scesniak (architect for JAM Restaurant Group) has been working closely with staff on this application, as well as the landscaping plan, which is part of the agenda package. With Board approval they would go forward to the next step which would be presentation of the Board of Adjustment June 8, 2022 Page 5 of 7 construction documents and site plan review. JAM Restaurant Group has 14 Popeyes in the state of Iowa and keeps growing. Scesniak did address the lumens output on the revised site lighting plan but noted it still has to be tweaked a little bit because Cree Lighting didn't interpret the formula in a correct manner, but that it complies with what is stated in the ordinance but that'll be handled tomorrow morning. Once they get everybody's approval, they'll start construction, demolition and reconstruction. Carlson asked what the hours are going to be. Scesniak believes the hours are 10:30am until 11:00pm on weekdays and possibility on Friday and Saturday nigh ts, it would be 12 o'clock. Russo asked how the plan increases the green space. Lehmann explained that right now the north side of the site is an entirely paved parking area and they're reconfiguring that with the drive-through and decreasing the building size which will increase green space. Scesniak noted they worked with the City Forester to get some recommendations incorporated into the plan. They’re adding one large street tree and another small tree onto the area as well. Chrischilles asked if they are using the existing building and adding on to it or are they going to knock it down. Scesniak replied they are using the existing building and actually reducing the square footage. They are reducing some of the front of the building but retaining the back end because it's a very costly tear out plumbing and they're functional and supposedly in good shape. The whole roof line is coming off as well because it's not consistent with Popeyes. Carlson asked is this going to be basically a carry out place rather than having some tables for people to eat inside. Scesniak stated like most fast-food restaurants, they rely heavily on the drive-through customers and customers coming in to pick up. Statistics have shown that people coming in, parking and getting out of their cars outside of just picking up when the pandemic was on, it just skyrocketed. There will be some area for people to come in and sit down and eat, but it's not as readily usable by the public. He added that's why they have a double order board and a good amount of stacking for the drive-through, because predominantly most customers are drive-through or pickup. They will have 28 seats for the public, which is down from 100 when it was a Pizza Hut. Carlson asked will they have two windows, one for pickup and one for paying or just one window where they pay and pick up at the same window. Scesniak replied they will only have the one window. Regarding the double drive-through window, depending on the area, the second window sometimes becomes a burden. When people are ready to pay and the food is ready for them and give it to them they don't want to have to drive through that other window and the public directs what they do. Carlson really appreciates the fact that they are putting in an extra tree Chrischilles closed the public hearing. Carlson thinks this will be a great addition to Pepperwood as this has been an area that has looked abandoned with the empty Pizza Hut building. Chrischilles also thinks it's a good addition to the area and it looks like a good use of that building. Board of Adjustment June 8, 2022 Page 6 of 7 Carlson is not concerned about the traffic, this area has been there for a long time. When Kmart was still open and they had their large auto mechanic thing on the west side there may have been some traffic issues, but that is no longer there and it’s a very quiet area. Russo recommends approval of EXC22-0004, to allow a drive-through facility for the property located at 1926 Keokuk Street, subject to the following condition: 1. General compliance with site plan dated May 27, 2022. Carlson seconded the motion. Chrischilles stated regarding agenda item EXC22-0004 he does concur with the findings set forth in the staff report of this meeting date, June 8, 2022 and concludes that 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 for the approval of this exception. Russo seconded the findings of fact. A vote was taken and the motion passed 4-0. Chrischilles 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. CONSIDER THE APRIL 13, 2022 MINUTES: Carlson moved to approve the minutes of April 13, 2022, Russo seconded. A vote was taken and the motion carried 4-0. BOARD ANNOUNCEMENTS: Lehmann noted the next meeting will be on July 13. ADJOURNMENT: Russo moved to adjourn this meeting, Carlson seconded, a vote was taken and all approved. Board of Adjustment June 8, 2022 Page 7 of 7 BOARD OF ADJUSTMENT ATTENDANCE RECORD 2021 - 2022 NAME TERM EXP. 7/14 8/11 9/8 10/13 12/8 3/9 4/13 6/8 CHRISCHILLES, GENE 12/31/2022 O/E X X X X X X X PARKER, BRYCE 12/31/2024 X X O X X X O/E X PRETORIUS, AMY 12/31/2023 X X X X X X X O/E CARLSON, NANCY 12/31/2025 X X X 0/E X X X X RUSSO, MARK 12/31/2021 X X X X X O/E X X Key: X = Present O = Absent O/E = Absent/Excused -- -- = Not a Member