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Home My WebLink About2021-04-14 BOA DecisionFee. aouooP>�mew,mmrauo. IIIIIIIIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 026067260005 Type: GEN Kind: DECISION Recorded: 04/23/2021 at 10:28:39 Fr1 Fee Mt: $27.00 Pape 1 of 5 Johnson County love Prepared by: Kirk Lehmann, Asaotlate Planneg410E.Washington, Iowa Cay, M52240; 319-356-5230 Klm Painter County Recorder M6211 Pe500-504 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, APRIL 14, 2021 ELECTRONIC MEETING —ZOOM MEETING PLATFORM MEMBERS PRESENT: Gene Chrischilles, Zephan Hazel, Bryce Parker, Amy Probrtus,3S9ncy Carlson, Ernie Cox [replacement for Hazell during appeal] - —--- :7 -- N MEMBERS ABSENT: None STAFF PRESENT: Sue Dulek, Danielle Sitzman, Anne Russell, Kirk Lehmann LEGAL COUNSEL: Grant Lientz [legal representation for the Board during appealr v OTHERS PRESENT: Sarah Clark, Allison Wagner, Andy Litton, Brian Richards, Darlene Clausen, Dave Moore, Diana Harris, Dorothy Fowles, Drew Jones, James Larew, Lee Dreier, Linda McGuire, Maeve Clark, Michael Apt, Michael Welch, Michael Olievera, Rachel Hams, Richard Blazk, Sharon Degmw APPEAL ITEMS: 1. APL21-0001: A public hearing regarding an appeal of a decision by the Building Official to approve an application for a minor modification (MOD20-0009) reducing the side setbacks to build a new single-family home at 319 N. Van Buren Street, alleging an error in the determination that all applicable approval criteria were met. The Board concludes the following approval criterion was not met: Special circumstances apply to the property, such as size, shape, topography, location, surroundings, or characteristics, or preexisting site development, which make it impractical to comply with the subject regulation or which warrant a modification and/or waiver of the subject regulation. This is based on the finding that the condition of impracticality was created by the owner and therefore the City should not have approved the minor modification. DISPOSITON: By a vote of 3-2 (Parker and Pretorius against), the Board approved the appeal that there was an error in the decision by the Building Official to approve the application for a minor modification (MOD20-0009) reducing the side setbacks to build a new single-family home at 319 N. Van Buren Street. SPECIAL EXCEPTION ITEMS: 2. EXC21-0002: A public hearing regarding a special exception application submitted by Axiom Consultants, on behalf of Gilbane Development, requesting a special exception to reduce the minimum parking requirement by 50 percent for a multi -family redevelopment project at 700, 710, 720, & 730 S. Dubuque Street and 206 & 220 Lafayette Street. The Board concludes that the following specific approval criterion was met: eonoop:y,a,�re.re.,rvea�: i 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 on the basis that the specific use has unique characteristics such that the number of parking or stacking spaces required is excessive, which would allow a reduction of up to 50 percent of the required minimum number of parking spaces. • The property is purpose-built housing for University of Iowa students and includes features specific to that use, such as individual leases, furnished units, and on -site amenities like study lounges. Students exhibit lower demand for on -site parking and are more likely to utilize modes of transportation such as transit, walking, and biking. • 2019 5-Year American Community Survey data (table B08301) suggests residents in downtown Iowa City use cars less due to proximity to the University, employment, and other services. For typical commutes in Census Tracts near downtown (specifically 16, 17, and 21 as shown in Attachment 3), around 52%drive alone to work, 7% carpool, 34% walk or bike, 4% use public transportation, and the remainder use other modes of transportation or work from home. Tract 21, the closest to downtown, has the lowest levels of car usage with only 27% driving alone to work. • The applicant proposes approximately 0.81 underground parking spaces per dwelling unit, which equals approximately 0.41 per bed. • The Institute of Transportation Engineers (ITE) suggest an average parking demand rate of 0.90 vehicles per unit or 0.48 per bed for a Multifamily (Mid -Rise) Dense Multi -Use Urban use, though it is not specific to student housing. • The RISE at Riverfronl Crossings, a student housing project on E. Court Street, provides parking at a rate of 0.60 spaces per unit or 0.34 per bed. Staff is not aware of any complaints regarding spillover parking from the RISE. • Properties adjacent to the subject property vary more widely from 0.55 (628 S. Dubuque Street) to 1.25 (225 E. Prentiss Street) parking spaces per dwelling unit. 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: • Parking ratios are similar to other projects that are located downtown and are , ppropriate as determined by Census data about means of transportation to work. • -Parking,ratios are below suggested ratios by the ITE, but the targeted market of students -U more likely to use alternative modes of transportation than is anticipated by the ITE. --- • :Spillovbr'parking is not anticipated to impact on -street parking in neighboring residential ,.. `areas because most nearby streets either meter or do not allow on -street parking. • the Harrison Street public parking ramp totaling 550 spaces is within a 3-minute walk of She proposed building for downtown visitors or commuters, and the site plan shows new c- aaimo`�wrevzrmueon::^, The Board concludes that adequate measures have been or will betaken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • The parking level entrance is located at grade on Lafayette Street where the alley will need to be vacated as part of the project. The approval of the vacation by City Council is recommended as a condition of the requested parking reduction. • Vehicular access to the public street network is provided to the west with Ralston Creek blocking access to the east. Lafayette Street intersects S. Dubuque Street at an intersection with a stop sign. • Several vehicular access points on S. Dubuque Street and one on Lafayette Street will be eliminated as part of the project. • New public parking will be constructed in the S. Dubuque Street right of way. Staff has recommended that these spaces be metered to help support short-term on -street parking needs in a mixed use area. • Pedestrian access is proposed along all public streets and along Ralston Creek. • 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 design review, site plan review and building permitting processes. • Policies for administrative height bonuses shall be followed as part of this project. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Comprehensive Plan designates this area for Mixed Use on the Future Land Use map and includes goals to "identify and support infll development and redevelopment opportunities in areas where services and infrastructure are already in place" and to "encourage pedeshianoriented development... that make it safe convenient, and comfortable to walk." • The Downtown and Riverfront Crossings Master Plan includes objectives for the Central Crossings subdistrict such as "promote new housing options" and "restore and enhance conditions along Ralston Creek". The development program for the area includes "Multiple housing option typologies". • The Master Plan highlights this block for residential redevelopment. • Reducing parking to promote redevelopment, new housing options, and Ralston Creek restoration is consistent with the Comprehensive Plan. DISPOSITON: By a vote of 5-0, the Board approved a reduction of the minimum parkft requirement by 50 percent for the properties located at 700, 710, 720, & 730 Dubuque Street and 206 & 220 Lafayette Street, subject to City Council approval of VAC W.Oo 3a. - z EXC21-0003: A public hearing regarding a special exception application submitted bttT Leon Associates for a special exception to allow drive -through facilities in a Co nmunily ' _ dmwop 9gn. rerermrnwrt v ` public parking spaces on S. Dubuque Street as part of the project. Parking permits in public ramps are not typically available to downtown residents. Some parking demand may be satisfied by the University's remote parking lots if regular travel is not conducted by car and students are the primary occupants. Tenants must consider reduced on -site parking in their decision -making, so it is likely the proposed project will attract tenants who do not require as much on -site 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: • Many properties in the immediate vicinity, especially those owned by the University and County, have more than adequate parking and will not be negatively impacted. • Nearby residential properties vary in their parking supply but typically cater to the same market as the proposed project. There are no single-family residential uses in the immediate vicinity. • The Harrison Street Parking Ramp provides adequate off-street parking for customers and visitors. • The proposed project will provide new on -street parking. • The proposed project will increase nearby pedestrian traffic, which will likely improve the commercial viability of nearby businesses. • Improvements to Ralston Creek will increase the attractiveness of the area for properties to the east. • 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 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 area is already largely developed, and recent nearby redevelopment projects have only increased the demand for additional improvements in Riverfront Crossings. • The proposed development may cause temporary closures of streets as part of construction but will otherwise not impact development or improvement of surrounding properties in the long-term. • The proposed parking reduction 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 streets provide adequate vehicular and pedestrian access. Pedestrian access is Supplemented with amenities along Ralston Creek. • S{aff will Osure adequate utilities, drainage, and other necessary facilities are being provided through the site plan review and building permitting processes, which will include r9placement of a sanitary sewer line. 0 emwop�n.rvre.nmaao�. Commercial (CC-2) zone for online grocery pick-up at Iowa City Hy-Vee #3 located at 1125 N. Dodge Street. DISPOSITON: By a vote of 5-0, the Board voted to defer the application indefinitely. 4. EXC21-0004: A public hearing regarding a special exception application submitted by LT Leon Associates for a special exception to allow drive -through facilities in a Community Commercial (CC-2) zone for online grocery pick-up at Iowa City Hy-Vee #1 located at 1720 Waterfront Drive. DISPOSITON: By a vote of 5-0, the Board voted to defer the application indefinitely. 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 14-6C- 1 E, City of Iowa City, Iowa. Approved by: Amy Pretorius, Chairperson City Attomey's Office o STATE OF IOWA JOHNSON COUNTY) I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that thet'oard o6 Adjustment Decision herein is a true and correct copy of the Decision that was passed bJ'Me Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 10 day of April, 2021 as the same appears of record in my Office. Dated at Iowa City, this *,-2-1 St day of Y r I , 20 21 Kellid K. Fruehling, it) Clerk