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Home My WebLink About2022-11-09 BOA Agenda PacketIOWA CITY BOARD OF ADJUSTMENT Wednesday, November 9, 2022 – 5:15 PM City Hall, 410 East Washington Street Emma Harvat Hall Agenda: 1. Call to Order 2. Roll Call 3. Nomination and selection of a new Board Vice Chair 4. Special Exception Item a. EXC22-0006: An application submitted on behalf of Iowa City Ready Mix Inc. to allow a heavy manufacturing use in a General Industrial (I-1) zone for a temporary concrete batch plant at 3 E. Benton Street. b. EXC22-0007: An application submitted on behalf of Iowa City Elks Lodge 590 to build an addition on the clubhouse which is accessory to a parks and open space use at 637 Foster Road. 5. Consideration of Meeting Minutes: July 18, 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 -356-5247 or at klehmann@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Board of Adjustment Meetings Formal: December 14 / January 11 / February 8 Informal: Scheduled as needed. November 9, 2022 Board of Adjustment Meeting EXC22-0006 ITEM 4A ON THE AGENDA Staff Report Prepared by Staff 1 STAFF REPORT Prepared by: Kirk Lehmann, Associate Planner Date: November 9, 2022 Iowa City Ready Mix Inc 1854 S. Riverside Drive Iowa City, IA 52246 Matt Knepper 1854 S. Riverside Drive Iowa City, IA 52246 319-338-9764 Knepper.icrm@gmail.com Eagle View Properties PO Box 110 Iowa City, IA 522444 Approval of a special exception to allow the use of heavy manufacturing in an I-1 Zone To establish a temporary concrete batch plant 11 W. Benton Street (Parcel Address is 3 E. Benton Street) 6.38 Acres To: Board of Adjustment Item: EXC22-0006 Parcel Number: 1015255005 GENERAL INFORMATION: Applicant: Contact Person: Property Owner(s): Requested Action: Purpose: Location: Location Map: Size: Existing Land Use; Zoning: Industrial; General Industrial Zone (I-1) 2 Surrounding Land Use; Zoning North: Industrial; General Industrial Zone (I-1) Commercial; Intensive Commercial Zone (CI-1) East: Public; Neighborhood Public Zone (P-1) South: Public; Neighborhood Public Zone (P-1) West: Commercial; Community Commercial Zone (CC-2) Applicable Code Sections: 14-4B-3A: General Approval Criteria 14-4B-4C-4: Heavy Manufacturing in CI-1 and I-1 Zones File Date: October 7, 2022 BACKGROUND: The applicant, Iowa City Ready Mix Inc, is requesting to establish a temporary concrete batch plant at 11 W. Benton Street, which is on the western portion of the parcel with an address of 3 E. Benton Street. The subject property is approximately 6.38 acres and is primarily zoned General Industrial (I-1), though the southeast portion of the site is zoned Heavy Industrial (I-2). Concrete batch/mix plants are considered a “heavy manufacturing use” because they may have significant external effects (odor, fumes, smoke, dust, etc.) on adjacent, less intense commercial or industrial uses. The heavy manufacturing use is proposed on the western portion of the property zoned I-1, which would be allowed by this special exception request (EXC22-0006). Iowa City Ready Mix formerly had a concrete batch plant at the subject property in 1989 prior to its occupancy by other businesses. However, the western half of the property was vacated several years ago and is currently used as overflow parking for other uses on the site. The site contains a few buildings to the east and is used by a landscaping company and electrical contractor. The applicant is proposing a portable concrete batch plant mounted on a trailer, material silos, stockpiles of rock and sand, and a portable office. Mixer trucks will be loaded onsite and concrete will be mixed as the trucks drive to job sites. The applicant expects the temporary plant to be used for 6 to 8 weeks beginning April 2023. Plans for the proposed use are included in Attachment 4. 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-4C-4, pertaining to Heavy Manufacturing In CI-1 And I-1 Zones, as well as the general approval criteria in Section 14-4B-3A. For the Board of Adjustment to grant this special exception request, all of the following criteria must be met. The burden of proof is on the applicant, and their comments regarding each criterion may be found on the attached application. Staff comments regarding each criterion are set below. Specific Standards: 14-4B-4C-4: Heavy Manufacturing In CI-1 And I-1 Zones: 1. The proposed use must be located at least five hundred feet (500') from any residentially zoned property. FINDINGS: 3 • The subject property is just under 500 feet from a property zoned Riverfront Crossings – Central Crossings (RFC-CX) with residential units, but that zone is not classified as residential, and the actual equipment is more than 500 feet from the residential uses. • There are no residentially zoned properties within 500 feet of the proposed use. 2. All proposed outdoor storage and work areas must be located and screened to adequately reduce the noise, dust, and visual impact of the proposed use from surrounding properties. FINDINGS: • The portable plant has a collector that will help reduce the effects of dust. • Most noise from concrete plants is associated with loading the mixer at mixing speed. The proposed loading point is more than 100 feet from Benton Street, use of construction equipment is subject to the City’s noise ordinance, and there are no nearby residential uses, which will help reduce the potential impacts of noise. • Existing trees to the west and south adequately screen the proposed use from the Iowa River and Riverfront Crossings Park respectively, and existing buildings to the east adequately screen the proposed use from S. Clinton Street. • The more than 40-foot setback from Benton Street and the change in grade adequately screen the proposed use from Benton Street. • The temporary nature of the proposed use will help to reduce its impact on surrounding properties. To ensure the use is temporary, staff recommends a condition that the use must terminate 180 calendar days after March 1, 2023, unless otherwise extended by a vote of the Board of Adjustment. The use shall not be considered terminated until the City Engineer confirms that all utility services are property abandoned. 3. Traffic circulation and access points must be designed to prevent hazards to adjacent streets or property. FINDINGS: • The subject property is accessed from the signalized intersection of S. Capitol Street and Benton Street which has adequate capacity to accommodate traffic. • The site plan shows adequate space for circulation around the proposed use. 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 will be temporary, which will minimize any potential impacts. • The proposed use is on a vacant lot accessed at a signalized intersection which will maintain safety by easily accommodating additional traffic. • The proposed use is set back approximately 40 feet from the sidewalk to the north, and material piles are set back further, which helps minimize conflicts with pedestrians. • The property contains the 100- and 500-year floodplains, so a floodplain permit is required, and structures used for human occupancy must be elevated to 1 foot above the 500-year flood hazard elevation. The applicant has applied for a floodplain permit. In event of a flood, the equipment is portable with no crane needed, and materials can be easily moved in loaders and dump trucks. 4 •Mixers will be parked and the concrete washed out at the applicant’s existing plant at 1854 S. Riverside Drive, which will prevent concrete washout on the ground at the subject property. To ensure the existing plant’s wash-out area is used, staff recommends a condition that concrete not be washed out of any equipment at the subject property. •A silt fence is provided to prevent loss of materials stored outdoors and capture any runoff associated with rinsing dust off the exterior of the trucks. 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 portable plant has a collector that will help reduce the effects of dust. •Staff does not anticipate significant impacts due to noise. •Existing trees to the west and south adequately screen the proposed use from the Iowa River and Riverfront Crossings Park respectively, and existing buildings to the east adequately screen the proposed use from S. Clinton Street. •The more than 40-foot setback from Benton Street and the change in grade adequately screen the proposed use from Benton Street. •Other uses on the subject property are compatible with the proposed use. •The proposed use will be temporary, so no effects on property values are expected. 3.Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. FINDINGS: •The proposed use will be established on a vacant lot, has a relatively small footprint compared to the size of the site, and is set back at least 40 feet from all property lines. •The surrounding area is developed with a mix of industrial, commercial, and public uses, and the proposed use is more than 100 feet from adjacent properties. •The proposed use is temporary, so it is not expected to significantly affect future improvement or redevelopment. 4.Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: •The site has adequate access to most utilities, and connections to utilities must be approved prior to construction. •Water service must be extended from the existing hydrant run, similar to other uses on the site, and will need to be properly abandoned once the temporary use has terminated. As a result, staff recommends a condition that the alignment for any new water service connection and plans for properly abandoning the water service must be approved by the City Engineer as part of the site plan review process. •Roads, access drives, and stormwater management will not be changed by the proposed use. A silt fence will help avoid any potential issues related to runoff, as will the condition that concrete not be washed out of equipment on-site. 5 • Compliance with the City’s building code and related requirements will be reviewed during the site plan and building permit processes. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • The proposed use would be accessed from the signalized intersection of S. Capitol Street and Benton Street which has adequate capacity to accommodate traffic. • The site plan shows adequate space for circulation around the proposed use. 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 equipment will be approximately 55 feet tall, which is higher than the 45-foot maximum building height typically allowed in the I-1 zone. However, the maximum building height may be increased by 1 foot for every 2 feet of additional setback (Section 14-2D-4C-4a of the Iowa City Code), and the equipment is set back adequately from all lot lines to allow for approximately 10 feet of additional building height. • The property contains the 100- and 500-year year floodplains, so a floodplain permit is required, and any structures used for human occupancy must be elevated 1 foot above the 500-year flood hazard elevation. The applicant has applied for a floodplain permit. • Due to the proximity of the Iowa River, a sensitive areas development plan must be submitted during site plan review and a 50' natural buffer from the floodway along the Iowa River must be maintained. The applicant has applied for a site plan review. • Staff will ensure the site design conforms with all applicable zoning standards and regulations, including requirements related to the floodplain and sensitive areas, during the site plan, floodplain, and building permit reviews. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: • The Future Land Use Map of the Comprehensive Plan designates the western portion of the subject property as public/private open space and eastern portion as mixed use. • The Downtown and Riverfront Crossings Master Plan show the subject property as a redevelopment site with open space to the west, large residential buildings on a rebuilt Capitol Street, and smaller residential buildings fronting on Clinton and Benton Streets. • One of the Comprehensive Plan’s goals is to “Increase…the property tax base by encouraging the retention and expansion of existing businesses....” • The proposed use is being established to allow the expansion of Iowa City Ready Mix’s primary location on S. Riverside Drive and is temporary in nature. • The proposed use is allowed under existing zoning and the temporary establishment of the use will not negatively impact the ability of the site to redevelop in the future. • The proposed exception is consistent with the Comprehensive and District Plans. 6 STAFF RECOMMENDATION: Staff recommends approval of EXC20-0006, to allow a heavy manufacturing use within a General Industrial (I-1) zone for the property located at 1854 S. Riverside Drive, subject to the following conditions: 1.The use must terminate after a period of time, not to exceed one hundred eighty (180) calendar days after March 1, 2023, unless otherwise extended upon a vote by the Board of Adjustment. For the use to be considered terminated, all utility services must be properly abandoned, as determined by the City Engineer. 2.Concrete shall not be washed out of any equipment at the subject property. 3.The alignment for any new water service connection, along with a plan for properly abandoning the water service after the use is removed, shall be approved by the City Engineer prior to site plan approval. 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 November 9, 2022 Board of Adjustment Meeting EXC22-0006 ATTACHMENT 1 Location Map Prepared by Staff S CAPITOL STSCLINTONSTMAIDE N LN S DUBUQUE STD U BU Q UESTS RIVERSIDE DRE 1ST ST KIRKWOOD AVE S CLINTON S TE BENTON ST S RIVERSIDE CT W BENTON ST HIGHWAY 1 W LAFAYETTE ST S GILBERT STST U RGISCORNERDR CC2 CC2 CC2 CC2 CC2 CC2 CC2 CC2 CC2CC2 CC2 RFC-WR CC2 RFC-CXCC2 CC2 CI1 CI1 CI1 CI1 CI1 CI1 CI1 CI1 CI1 CI1 RFC-CX CI1 CI1 CI1 I1 I1I1 P1 P1 P1 CI1 P2 P2 PRM PRM RFC-CX RFC-CX RFC-CX RFC-CX RFC-CX RFC-SG RFC-WR RFC-WR RFC-WR RFC-WR RFC-WR I1 CI1 P1 I2 RFC-CX An application submitted by Iowa City Ready Mix for a special exception to allow the use of a temporary concrete batch plant for approximately 7.24 acres of property located at 3 E Benton Street. µEXC22-0006 3 E Benton Street Prepared By: Emani Brinkman Date Prepared: October 2022 0 0.05 0.10.03 Miles November 9, 2022 Board of Adjustment Meeting EXC22-0006 ATTACHMENT 2 Zoning Map Prepared by Staff S CAPITOL STSCLINTONSTMAIDE N LN S DUBUQUE STD U BU Q UESTS RIVERSIDE DRE 1ST ST KIRKWOOD AVE S CLINTON S TE BENTON ST S RIVERSIDE CT W BENTON ST HIGHWAY 1 W LAFAYETTE ST S GILBERT STST U RGISCORNERDR RM44 CC2 CC2 CC2 CC2 CC2 CC2 CC2 CC2 CC2CC2 CC2 RFC-WR CC2 RFC-CXCC2 CC2 CI1 CI1 CI1 CI1 CI1 CI1 CI1 CI1 CI1 CI1 RFC-CX CI1 CI1 CI1 I1 I1I1 P1 P1 P1 CI1 P2 P2 PRM PRM RFC-CX RFC-CX RFC-CX RFC-CX RFC-CX RFC-SG RFC-WR RFC-WR RFC-WR RFC-WR RFC-WR I1 CI1 P1 I2 RFC-CX An application submitted by Iowa City Ready Mix for a special exception to allow the use of a temporary concrete batch plant for approximately 7.24 acres of property located at 3 E Benton Street. µEXC22-0006 3 E Benton Street Prepared By: Emani Brinkman Date Prepared: October 2022 0 0.05 0.10.03 Miles November 9, 2022 Board of Adjustment Meeting EXC22-0006 ATTACHMENT 3 Correspondence Submitted by the Identified Party Quality Controlled Concrete P.O. Box 1696 • 1854 S. Riverside Drive • Iowa City, IA 52244 Phone (319) 338-9764 • Fax (319) 338-7910 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • October 28, 2022 City of Iowa City 410 East Washington St. Iowa City, Iowa 52240-1826 RE: Response to Special Exception Application Staff Questions/Comments 1. What level of noise will the machinery be expected to produce and what is the estimated number o f loads that will go over the Benton Street bridge per day? During the months of April and May, we would expect 15-25 mixer loads per day. As for noise, studies have been performed and the levels were below 80 dBA at 20’ from the plant while loading a mi xer at mixing speed on the mixer. Based on the location of the proposed portable plant, the loading point is more than 100’ from Benton St., so noise won’t be an issue. 2. What other uses are currently operating at the property? A landscaping business is currently operating on the south center of the site with raw materials stockpiled outside the building they are also using. An electrical contractor is storing conduit spools outside along the south/southwest edge of the property. Most of the site is vacant and undeveloped. 3. What is the total height of the proposed equipment after it is assembled? The heights range up to 55’, but can be lowered if needed. Based on the proposed location of the portable plant, we can reduce the setback to allow the 55’ plant to be erected without modifications. 4. What will all be stored in the material storage area? Rock and Sand will be the only materials stored in the material storage area. 5. There is a concern that runoff mixed with concrete from cleaning the batch pl ant equipment might get into the river. How will this be prevented? The portable plant and concrete mixers will not be cleaned out onsite, so no concrete washout will be on the ground. Our concrete mixers will use our permitted washout at our permanent location at 1854 S. Riverside Dr. in Iowa City throughout the day. Only a light rinse on the outside of the mixer will be done onsite to get any dust off the mixer from the loading operation. We will designate a spot onsite near the two material stockpil es and surround it with a silt fence or sock to contain the water to allow it to evaporate. 6. S2 screening is required along the north property line for the proposed use because it is along an arterial (14 -2D-5E- 1) and S3 screening is required between materials stored outdoors and the public right of way (14 -2D-5F-1). Any waiver requests must be made in accordance with those standards. We would like to request waiving the requirement of screening, the proposed location of the plant is roughly 6’ below the Benton Street elevation and is blocked from view on most sides by existing features such as trees, vegetation, and buildings. 7. Due to the proximity of the Iowa River, a sensitive areas development plan will be required at the time of site plan review. Along the Iowa River, a 50’ natural buffer must be maintained between any development activity and the Quality Controlled Concrete P.O. Box 1696 • 1854 S. Riverside Drive • Iowa City, IA 52244 Phone (319) 338-9764 • Fax (319) 338-7910 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • stream corridor, which includes the floodway. This will require showing the floodway on the site plan and the 50’ buffer required from the floodway. MMS has provided this on the Final Sensitive Areas Development and Minor Site Plan. Please note that the floodway is shown, and the edge of the Iowa River is utilized as the west boundary. The 50’ buffer has been established off of the boundary line to show th e maximum buffer extent. 8. A floodplain permit will be required prior to issuance of any building permit. Among other standards, structures must be adequately anchored, and new structures used for human occupancy must be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities elevated or floodproofed to 1 foot above the flood hazard elevation (i.e., the 500 -year floodplain). A permit will also need to be obtained from the Iowa DNR. It may be worthwhile to explore locating on the property outside of the 500-year floodplain. MMS is applying for the floodplain permit with the City, and MMS will speak with the IDNR to satisfy any requirements they may have. As mentioned, the plant is portable, and the job trailer is portable. If a flood event were to occur, both of these items will be moved offsite within a couple days. The job trailer can be unplugged from the plant and pulled offsite, and the plant is built on axles for easy transportation (n o crane needed to dismantle and fold it down). The job trailer will be heated/cooled, and a port-a-potty will be onsite. No permanent structures are being built here, just temporary equipment for 2 months. Only one person will be in the trailer to batch the concrete. All mixer drivers will stay in their mixers and take breaks at our existing plant at 1854 S. Riverside Dr., as usual. 9. Describe how equipment and stored materials will be secured/removed in a flood event. See the response to question 8 above. In addition to the portable plant and job trailer, material piles will be loaded onto our dump trucks and hauled to our existing plant at 1854 S. Riverside Dr. We have loaders and dump trucks to facilitate this ourselves. If a flood event is imminent, we will move all equipment and storage piles off site. 10. A temporary use permit will not be required. However, a minor site plan (which should include a final sensitive areas development plan) and permits for electrical, sewer/water, etc will be require d. Advanced Electric will provide permits for the electrical work, and Carter and Assoc. will provide permits and work with the City to hook up to the existing water line that is still there from when we originally had a permanent plant there in 1989. MMS updated the Site Plan to include the Final Sensitive Areas Development Plan, and has submitted the Minor Site Plan to the City for review. 11. Please update the site plan to identify the following: a. Any areas used for parking or loading vehicles (including m ixers) One personal vehicle will be parked next to the job trailer (dispatch person) during business hours. Concrete mixers will be staged south of the batch plant equipment during operating hours. The mixers will be parked overnight in their truck shed at 1854 S Riverside Dr. No vehicles or mixers will be onsite overnight, just the loader used to transfer rock/sand onto the belts feeding the portable plant. b. Any concrete washout areas or other areas to avoid runoff mixed with concrete No washout onsite, all washouts will be done at 1854 S. Riverside Dr. Only a rinse area will be utilized onsite to rinse the exterior surfaces of the mixers after being loaded. This area will be surrounded with a silt fence or filter sock to capture any runoff and allow it to evaporate. c. Any existing and proposed landscaping and trees, and any screening. Quality Controlled Concrete P.O. Box 1696 • 1854 S. Riverside Drive • Iowa City, IA 52244 Phone (319) 338-9764 • Fax (319) 338-7910 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Requesting a waiver due to short temporary use of the site, otherwise fencing will be used. d. The 500-year floodplain, the floodway, and the 50-foot buffer from the floodway. MMS has provided a Final Sensitive Areas Development and Minor Site Plan illustrating this buffer area. 12. Staff is considering recommendation of approval, subject to the following conditions: a. General conformance to the site plan MMS has this updated. b. The use must terminate after a period of time, not to exceed one hundred eighty (180) calendar days after approval of a site plan, unless otherwise extended upon a vote by the Board of Adjustments. We will set a date to make this take effect, tentatively April 1st as a start date. c. Equipment may not be operated before 7:00 A.M. and after 10:00 P.M. These hours are acceptable; however, we would like to start by 6:30 A.M. if allowable. And with that, we are working on the UIHC on Forevergreen Project and they may require us to batch concrete at 5:00 A.M. periodically (no more than once per week). What is the process to get approvals for this since it will most likely happen up to 6 to 8 times between April and May? If you have any further questions, please contact myself and I will do my best to answer them. Thanks, Matt Knepper General Manager Iowa City Ready Mix, Inc. October 11, 2022 RE: Special Exception for 3 E Benton Street Dear Property Owner and/or Occupant: The Iowa City Board of Adjustment has received an application submitted by Iowa City Ready Mix requesting a special exception to allow a temporary concrete batch plant at 3 E Benton Street (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 November 9, 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 319-356-5247 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 klehmann@iowa-city.org or 319-356-5247 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 S CAPITOL STSCLINTONSTMAIDE N LN S DUBUQUE STD UB U Q UESTS RIVERSIDE DRE 1ST ST KIRKWOOD AVE S CLINTON S TE BENTON ST S RIVERSIDE CT W BENTON ST HIGHWAY 1 W LAFAYETTE ST S GILBERT STST U RG I SCOR N E R D R CC2 CC2 CC2 CC2 CC2 CC2 CC2 CC2 CC2CC2 CC2 RFC-WR CC2 RFC-CXCC2 CC2 CI1 CI1 CI1 CI1 CI1 CI1 CI1 CI1 CI1 CI1 RFC-CX CI1 CI1 CI1 I1 I1I1 P1 P1 P1 CI1 P2 P2 PRM PRM RFC-CX RFC-CX RFC-CX RFC-CX RFC-CX RFC-SG RFC-WR RFC-WR RFC-WR RFC-WR RFC-WR I1 CI1 P1 I2 RFC-CX An application submitted by Iowa City Ready Mix for a special exception to allow the use of a temporary concrete batch plant for approximately 7.24 acres of property located at 3 E Benton Street. µEXC22-0006 3 E Benton Street Prepared By: Emani Brinkman Date Prepared: October 2022 0 0.05 0.10.03 Miles Mailing Name Mailing Address2 Mailing Address3 Mailing Zip Code 2708 LLC 2140 HIGHWAY 22 KALONA, IA 52247 CRUISE FURMAN LLC PO BOX 2431 IOWA CITY, IA 52244 EAGLE VIEW PROPERTIES LLC PO BOX 110 IOWA CITY, IA 52244-0110 IOWA BOOK & SUPPLY CO 8 S CLINTON ST IOWA CITY, IA 52240 JOHNSON COUNTY IOWA 913 S DUBUQUE ST STE 101 IOWA CITY, IA 52240 KANDIE K GELNER PO BOX 2000 IOWA CITY, IA 52244-2000 KEVIN W O'BRIEN PO BOX 5280 CORALVILLE, IA 52241 LINDER TIRE SERVICE INC 632 S RIVERSIDE DR IOWA CITY, IA 52246 LLOYD M & RUTH V BAUMGARTNER 227 KIRKWOOD AVE IOWA CITY, IA 52240 MCDONALD'S CORPORATION P O BOX 182571 COLUMBUS, OH 43218 MIDAMERICAN ENERGY COMPANY PO BOX 657 DES MOINES, IA 50303-0657 PHOENIX IOWA CITY LLC 464 HERITAGE RD, STE F SOUTHBURY, CT 6488 RAVI LODGING INC 2706 JAMES ST CORALVILLE, IA 52241 STURGIS CORNER ASSOCIATES 52 STURGIS CORNER DR IOWA CITY, IA 52246-5617 T-MOBILE USA INC 12920 SE 38TH ST BELLEVUE, WA 98006 XJ-23 LLC PO BOX 3049 IOWA CITY, IA 52244-3049 Occupant 21 W BENTON ST IOWA CITY 52246 Occupant 227 KIRKWOOD AVE IOWA CITY 52240 Occupant 24 STURGIS CORNER DR IOWA CITY 52246 Occupant 4 STURGIS CORNER DR IOWA CITY 52246 Occupant 632 S RIVERSIDE DR IOWA CITY 52246 Occupant 708 S RIVERSIDE DR IOWA CITY 52246 Occupant 725 S CLINTON ST IOWA CITY 52240 Occupant 804 S CAPITOL ST IOWA CITY 52240 Occupant 804 S RIVERSIDE DR IOWA CITY 52246 Occupant 817 S CAPITOL ST IOWA CITY 52240 Occupant 820 S RIVERSIDE DR IOWA CITY 52246 Occupant 821 S CLINTON ST IOWA CITY 52240 Occupant 830 S RIVERSIDE DR IOWA CITY 52246 Occupant 850 S CAPITOL ST IOWA CITY 52240 Occupant 855 1/2 S DUBUQUE ST IOWA CITY 52240 Occupant 855 S DUBUQUE ST IOWA CITY 52240 Occupant 912 S DUBUQUE ST UNIT 101 IOWA CITY 52240 Occupant 912 S DUBUQUE ST UNIT 102 IOWA CITY 52240 Occupant 912 S DUBUQUE ST UNIT 103 IOWA CITY 52240 Occupant 912 S DUBUQUE ST UNIT 104 IOWA CITY 52240 Occupant 912 S DUBUQUE ST UNIT 105 IOWA CITY 52240 Occupant 912 S DUBUQUE ST UNIT 201 IOWA CITY 52240 Occupant 912 S DUBUQUE ST UNIT 202 IOWA CITY 52240 Occupant 912 S DUBUQUE ST UNIT 203 IOWA CITY 52240 Occupant 912 S DUBUQUE ST UNIT 204 IOWA CITY 52240 Occupant 912 S DUBUQUE ST UNIT 205 IOWA CITY 52240 Occupant 912 S DUBUQUE ST UNIT 301 IOWA CITY 52240 Occupant 912 S DUBUQUE ST UNIT 302 IOWA CITY 52240 Occupant 912 S DUBUQUE ST UNIT 303 IOWA CITY 52240 Occupant 912 S DUBUQUE ST UNIT 304 IOWA CITY 52240 Occupant 912 S DUBUQUE ST UNIT 305 IOWA CITY 52240 Occupant 912 S DUBUQUE ST UNIT 401 IOWA CITY 52240 Occupant 912 S DUBUQUE ST UNIT 402 IOWA CITY 52240 Occupant 912 S DUBUQUE ST UNIT 403 IOWA CITY 52240 Occupant 912 S DUBUQUE ST UNIT 404 IOWA CITY 52240 Occupant 912 S DUBUQUE ST UNIT 405 IOWA CITY 52240 Occupant 913 S DUBUQUE ST IOWA CITY 52240 Occupant 914 S DUBUQUE ST UNIT A IOWA CITY 52240 Occupant 914 S DUBUQUE ST UNIT B IOWA CITY 52240 Occupant 920 S DUBUQUE ST IOWA CITY 52240 Occupant 925 S DUBUQUE ST IOWA CITY 52240 November 9, 2022 Board of Adjustment Meeting EXC22-0006 ATTACHMENT 4 Special Exception Application Submitted by the Applicant Project Description: We were granted a Special Exception to modify our current ready mixed concrete plant . In order to keep our customers while we construct the modifications, we need a temporary site to operate a portable concrete batch plant for 6 to 8 weeks. We used to have our plant at this location up to 1989, and the owner of the property agreed to let us use the site again to temporarily batch concrete out of a portable plant since the west half of the property is vacant after City Carton moved out. The portable plant is trailer mounted (12' x 59'). It will have 2 conveyers to run aggregates into its bins, which we will have a loader onsite to move aggregates from two stockpiles of rock and sand. Our mixers will back under the portable plant to get loaded, then mix the concrete on their way to various jobsites. Specific Criteria (14-4B-4C-4): Heavy Manufacturing in CI-1 and I-1 Zones (Concrete Batch Plants) a. The proposed use must be located at least five hundred feet (500’) from any residentially zoned property. Iowa City Ready Mix is not located within 500’ of any residentially zoned property. b. All proposed outdoor storage and work areas must be located and screened to adequately reduce the noise, dust, and visual impact of the proposed use from surrounding properties. The portable plant is new and has a dust collector. Noise from the portable plant will be minimal. Only conveyers running and gates opening and closing to drop material from overhead bins onto the conveyer belt. Rock and Sand will be delivered by dump trucks, and cement and fly ash will be delivered in tankers. Our concrete mixers will mix the dry materials as they currently do now from the plant to the delivery site, so they are only at mixing speed on site for a few minutes. Trees currently screen the site to the west and south, and other buildings on the site screen the plant to the east. The elevation of the site drops off to the south and west, so the plant will be sitting lower than Benton Street to the north, minimizing the view of the plant from the street. c. Traffic circulation and access points must be designed to prevent hazards to adjacent streets or property. Traffic will not be interrupted since we will be following the traffic signals at the Benton Street and Capitol St. intersection. Little traffic enters and exits this site now, so no impact is anticipated. No additional hazards are foreseen, meaning this is no different than our concrete mixers entering or exiting any other project site around town. 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 portable plant will be operated well within the site, away from any sidewalks or pedestrians. The public will not be in danger, nor will their comfort be disrupted since we will primarily operate 7 am to 5 pm. Also, this is only temporary for 6 to 8 weeks between April and June, 2023, when the construction season is just starting, so not very busy. We also will have a person onsite at all times the plant is operational. 2. The specific proposed exception will not be injurious to the use and enjoyment of the other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. This area is an industrial/commercial area and currently is only used as an overflow parking area for other businesses on the eastern half of the property. We are only using the western half of the property for a short period of time, so it will be left as it was before we plan on using it. No change in surrounding property values. The property owner owns the property across Benton St. to the North, Johnson County owns property across Benton Street to the Northeast and East, and The City of Iowa City owns property to the South. The Iowa River borders the site to the West. Trees provide privacy to the west and south, so no loss of enjoyment on the river or at the park. Other business buildings are on the site to the east which will act as a buffer between our portable plant and the Johnson County Administrative Building. 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. This is a short-term use of the site, so no lasting effects are foreseen. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Water and electrical services are already on site, so we will work with local contractors to obtain permits to hookup our temporary portable plant and Office Trailer. No access roads are needed since the site has a signalized intersection onto Benton Street and the entire site is covered in concrete pavement. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. The intersection of Benton Street and S. Capitol street is signalized, so no effect on traffic is anticipated. 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. As discussed in the Specific Criteria for Approval in Section 14-4B-4C-4, all requirements are met for our Heavy Manufacturing CI-1 and I-1 Zones. Please see responses in that letter which is attached to this Special Exemption Application. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. Iowa City Ready Mix, Inc. has been in business since 1963. We have supported the University of Iowa, University of Iowa Hospitals and Clinics, Iowa City Community School District, Private school districts, and many local organizations. We also want our community to grow and prosper. With this Special Exception, it will only help this vision become a reality. This portable plant is just a stepping stone in order for us to maintain our customers while we update our permanent plant. We will be more energy efficient with the upgraded replacement plant since ours is over 50 years old. The building will get a facelift and revised exterior to make it appear up to date with current new buildings in the area. We have already updated our containment structures around the entire site to protect the Iowa River and Public roadways from site runoff and worked with the City of Iowa City to improve the Imperial Court cul-da-sac. This replacement plant equipment and building updates/alterations will allow our business to continue to grow and employ more personnel. Consistent quality concrete is what we have provided for decades, and with these improvements, we can continue for many more decades. We are proud of our product, our employees, and our City for making us a successful business. LO-PRO® MODEL427 PRODUCTION CAPACITY: Theoretical Cycle Time ‐ 2.5 to 3 minutes BATCHER CAPACITY: Aggregate ‐ 1 to 12 cubic yards (1 to 9.2 cubic meters) Cement ‐ 1 to 12 cubic yards (1 to 9.2 cubic meters) Scales ‐ Direct Load Cells AGGREGATE BATCHER CONVEYOR: 30” wide (762 mm), 10 horsepower drive. Optional15 horsepower drive AGGREGATE DISCHARGE CONVEYOR: 30” wide (762 mm), 10 horsepower drive. Optional 36” (914 mm), 15 horsepower CEMENT BATCHER RECIRCULATING SCREW: 14” diameter (360 mm), 15 horsepower Optional 18” diameter (460 mm), 20 horsepower CEMENT FEEDER SCREWS: Two 9” diameter (230 mm), 15 horsepower drive. Optional 12” diameter (300 mm), 20 horsepower CEMENT AERATION: 5 and 7 horsepower, high volume, low pressure blowers. HIGH PRESSURE AIR COMPRESSOR: 10 horsepower, 120 gallon (0.45 cubic meters). Optional 15, 20, 25 or 30 horsepower, 120 gallon (0.45 cubic meters). ELECTRICAL: 460 volt, 3‐phase with 120 VAC transformer for control voltage. All motors are TEFC. All motor circuit wiring protected by individual circuit breakers. Electrical components housed in NEMA steel enclosures. Wiring in conduit. BATCH CONTROL SYSTEM: Semi‐automatic cut‐off of cement by presets on digital readouts. Push‐button for electric over air on gates. Optional fully automatic computerized batch control system. WATER METER: 3” diameter (77 mm) with up to 500 gallons (1,740 liters) per minute TRANSPORTATION SYSTEM: Rear‐mounted 36,000 lb. (16,330 kg) capacity tandem axle with eight (8) 295/75R 22.5 tires, wheels, air brakes heavy duty spring suspension, tail and brake lights, and fifth wheel rub plant with king pin. STORAGE BIN CAPACITIES: AGGREGATE HEAPED VOLUME 50 to 90 cubic yards (38 to 68 cubic meters) CEMENT I GROSS VOLUME 1,708 cubic feet (47.5 cubic meters) CEMENT II GROSS VOLUME 1,600 to 3,060 cubic feet (45 to 85 cubic meters) DIMENSIONS: Towing length 60’‐0” (18,000 mm) Towing height 14’‐4” (4,369 mm) Towing width 11’‐6” (3,450 mm) Empty weight, total 60,000 lbs. (22,395 kg) SHIPPING DIMENSIONS: Length 70’‐0” (21,336 mm) Height 14’‐4” (4,369 mm) Width 1’‐6” (3,450 mm) Shipping Volume 11,536 cubic feet (326 cubic meters) Note: consult factory for exact dimensions, specifications are subject to change without notice. Rev. 5/21www.astecindustries.com Pantone 2145 CC 100% M 71% Y 0% K 2%C 0% M 0% Y 0% K 90%C 0% M 0% Y 0% K 30%RAL 7032C 15% M 10% Y 25% K 20% Pantone 2145 C C 100% M 71% Y 0% K 2% C 0% M 0% Y 0% K 90% C 0% M 0% Y 0% K 30% RAL 7032 C 15% M 10% Y 25% K 20% Address Parcel Number Class Owner 11 W Benton St. (W. side of 3 E Benton St.) 1015255005 I1 Eagle View Properties LLC 3 E Benton St. 1015255005 C, I1, I2 Eagle View Properties LLC 817 S Capitol St. 1015254004 C, I1 Eagle View Properties LLC 850 S Capitol St. 1015259002 C CRUISE FURMAN, LLC Lafayette St. 1015280001 C CRUISE FURMAN, LLC --- 1015280006 C CRUISE FURMAN, LLC 821 S Clinton St. 1015280005 C Johnson County Iowa S Clinton St. 1015280002 C Johnson County Iowa 855 S Dubuque St. 1015281014 C Johnson County Iowa 913 S Dubuque St. 1015287001 C Johnson County Iowa 925 S Dubuque St. 1015287002 C Johnson County Iowa --- 1015287003 C City of Iowa City --- 1015255004 C City of Iowa City --- 1015288009 C City of Iowa City 1001 S Clinton St. 1015303001 C City of Iowa City Iowa River 9900000001 ------ *W and E Benton St. to the north, and S Clinton St. to the east of the property. Properties within 300 feet of 11 W Benton Street Johnson County Johnson County GIS Web Printing Printed: 9/13/2022 The information presented herein is intended to be an accurate representation of existing records. Johnson County assumes no liability for errors or omissions. Users relying on this information do so at their own risk. .0 0.01 0.03 mi 1 inch = 147 feet11 W Benton St. Legal Description of Property Parcel Number: 1015255005 Deed Holder: Eagle View Properties LLC Property Address: 3 E Benton St. 11 W Benton St. (portion of parcel) Iowa City Class: C, I1, and I2 Sec-Twn-Rng: 15 - 79 - 6 Subdivision: County Seat Addition Legal Description: IOWA CITY COUNTY SEAT ADDITION LOT:OL 2 OUTLOTS 2 & 3 & INCL VACATED CAPITOL ST EXC ROW CONVEYED IN BK 389 PG 236 & EXC THAT LAND DESC IN BK 993 PG 149, 151 & 156 & EXC THAT LAND DESC AS AUDITOR'S PARCEL #95102 IN SURVEY BK 37 PG 199 November 9, 2022 Board of Adjustment Meeting EXC22-0007 ITEM 4B ON THE AGENDA Staff Report Prepared by Staff 1 STAFF REPORT To: Board of Adjustment Item: EXC22-0007 Parcel Number: 1004426004 Prepared by: Emani Brinkman, Planning Intern Kirk Lehmann, Associate Planner Date: November 9, 2022 GENERAL INFORMATION: Applicant/Property Owner: Iowa City Lodge 590 BPOE 637 Foster Road Iowa City, IA 52245 Contact Person(s): Alan Wieskamp Studio Intrigue 116 3rd Avenue SE Cedar Rapids, IA 52401 Iowa City Lodge 590 BPOE 637 Foster Road Iowa City, IA 52245 Requested Action: Expansion of an accessory active recreational use located within a private parks and open space use Purpose: To add 1,654 square feet to the Elks Lodge clubhouse Location: 637 Foster Road Location Map: Size: 9,713 square feet (clubhouse after addition) Existing Land Use and Zoning: Parks & Open Space (Golf Course); Interim Development Single-Family Residential (ID-RS) 2 Surrounding Land Use and Zoning North: Residential; Low Density Single Family Residential with a Planned Development Overlay (OPD/RS-5) East: Parks & Open Space; Interim Development Single-Family Residential (ID-RS) South: Parks & Open Space; Interim Development Single-Family Residential (ID-RS) West: Parks and Open Space; Interim Development Single-Family Residential (ID-RS) Applicable Code Sections: 14-4B-3A: General Approval Criteria 14-4C-2C-3: Accessory Use Within Parks and Open Space File Date: October 17, 2022 BACKGROUND: The applicant, Iowa City Lodge 590 BPOE (hereafter Elks Lodge), is requesting to build an addition to their clubhouse at 637 Foster Road. The subject property consists of approximately 30.7 acres of land located south of Foster Road and is a portion of the larger Elks Lodge Golf Course. Golf courses are considered a “parks and open space” use, which is provisionally permitted within the subject property’s Interim Development Single-Family Residential (ID-RS) zone. Parks and open space uses can have accessory buildings devoted to active recreational uses, such as clubhouses, with approval of a special exception. For the current application (EXC22-0007), a special exception is required because the Elks Lodge is requesting to expand their clubhouse by more than 500 square feet. The application is proposing an additional 827 square feet on each floor of the clubhouse totaling 1,654 square feet. The additions will be located on the west and south portions of the existing clubhouse. Plans for the proposed additions are included in Attachment 4. 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 14-4C-2C-3, pertaining to accessory use within parks and open spaces requiring special exceptions, 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 criterion are set below. Specific Standards: 14-4C-2C-3: Accessory Use Within Parks and Open Space: a. The proposed use is properly located to provide adequate separation between properties and between uses within the parks and open space area. Any buildings 3 associated with the proposed use must comply with the setback requirements for principal buildings in the underlying base zone. Other structures and facilities must be set back at least twenty feet (20') from any property line. The board of adjustment may reduce or increase the setback requirements; provided, that adequate separation is established based on the specific use proposed and the nature of the surrounding properties. FINDINGS: • The existing structure and proposed addition are set back more than 370 feet from the north property line, which provides more than adequate separation between uses. b. The proposed use is consistent with the intended character of the specific parks and open space area. FINDINGS: • The existing clubhouse was constructed to serve the golf course in 1972. • The proposed addition will retain the current clubhouse uses with locker rooms and a dining room with a bar area. c. The location or operation of the proposed use will not compromise any designated environmental conservation areas adjacent to or within the parks and open space area. FINDINGS: • The expansion of the clubhouse will occur in areas that have been graded and/or paved, so no impacts to environmental conservation areas are expected. • The subject property is on a parcel that contains the 100- and 500-year floodplains, so a floodplain permit is required. However, the clubhouse is well above flood elevation. • A sensitive areas development plan is required as part of the site plan due to the property abutting the river, but the clubhouse is more than 700 feet from the river. • No environmental impacts are anticipated. d. The transportation system is capable of safely supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, access requirements, on street parking impacts, neighborhood impacts, and pedestrian safety. FINDINGS: • The proposed addition will increase the occupancy of the clubhouse to 351. • Access to the site will not change, but the parking lot is being improved as part of the project, which should help better guide traffic through the site. • No impacts to on-street parking are expected because the proposed addition is set back so far from Foster Road and parking is not allowed on Foster Road. • The addition is relatively minor, so no significant impacts to traffic are anticipated. e. Adequate public services are available or will be made available to serve the proposed use. FINDINGS: • This is an addition to an existing use of a private clubhouse for the private golf course. 4 • Water service will be upgraded to support a fire suppression sprinkler system. • Electrical service will be buried as part of the project. f. The proposed use will not have significant adverse impacts on the livability of nearby residential properties due to noise, glare from lights, late night operations, odors, and litter. FINDINGS: • The clubhouse is set back about more than 370 feet to the north property line. • The proposed addition is to the west and south of the existing building, so no additional impacts are expected to surrounding properties. g. The building official may grant approval for the following minor modifications to accessory uses within parks and open space uses without approval from the board of adjustment, according to the procedures and approval criteria for minor modifications as set forth in chapter 4, article B of this title: (1) An accessory storage building less than five hundred (500) square feet in size. (2) A building addition of less than five hundred (500) square feet, provided the addition does not increase the occupancy load of the building. FINDINGS: • The proposed addition is 1,654 square feet, so a special exception is required. 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 addition will not affect the use or significantly impact the intensity of the use. • Access to the property will not be modified, and no major impacts to traffic generation are expected. • The project includes expanding water service to allow the installation of a sprinkler system and burying electrical lines which will improve public safety and the appearance of the area. • Access to the pool will be rerouted through the clubhouse which will ensure entry is monitored. • The project will address ADA accessibility issues at all entrances. 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 clubhouse is set back over 370 feet to the nearest adjacent properties to the north. • The proposed addition is located to the west and south, so no additional impacts are expected to surrounding properties. • The proposed addition will retain the clubhouse’s current use and is relatively small, so compatibility with adjacent uses will not be affected. • The project will improve the aesthetics of the clubhouse and electrical service. 5 3.Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. FINDINGS:•The surrounding neighborhood is already fully developed with a mix of residential, parks, and open space uses. •The proposed additions are set back far enough from property lines to not affect the development or improvement of surrounding properties. 4.Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS:•The proposed addition is to an existing clubhouse, so all access roads, drainage and necessary facilities are established for this neighborhood. •Water service will be expanded to the addition to allow the installation of a sprinkler system, and electrical lines that are currently overhead will be buried. •Staff will ensure all standards are met through the site plan and building permitting process. 5.Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS:•The property is accessed from a drive on Foster Road. •No changes are being proposed to the existing driveway, sidewalk or street. •Proposed parking lot improvements will help better guide traffic through the site. 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 addition conforms with all dimensional and site development standards for ID-RS zones. •The subject property abuts the Iowa River and contains the 100- and 500-year floodplains, so a floodplain permit and sensitive areas development plan are required. •For parks and open space that include a golf course, 3 parking spaces are required for each green (hole). The proposed onsite parking will provide 85 parking spaces, which is well above the 27 required. •Staff will ensure all standards are met through the site plan (including sensitive areas development plan), floodplain, and building permitting processes. 7.The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: 6 • The Future Land Use Maps of the Comprehensive Plan and North District Plan both designate this area for Public/Private Open Space. • The current land use of this property is consistent with the Comprehensive and District Plans and will not change because of the proposed special exception. STAFF RECOMMENDATION: Staff recommends approval of EXC22-0007, to allow a 1,654 square foot addition to the Elks Lodge clubhouse within a parks and open space use zoned Interim Development Single-Family Residential (ID-RS) at 637 Foster Road. 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 November 9, 2022 Board of Adjustment Meeting EXC22-0007 ATTACHMENT 1 Location Map Prepared by Staff SWISHERSTPARK PLWALKER CIR T E M PLINRDA L LEY LAURA DR FOSTER RD MOSESBLOOMLNLOUI SPLALL E Y MCCL E A R Y LN MACKINAW DRHAYWOOD DR ALLEYCAMBO R N E CIR ALLEYFLINT DR ALLEY WA L K E R CIR ALGONQUIN RDIDYLLWI L D D R WI L LENBROCKCI RNEWLYNCIRWILLIS DR TAFT SPEEDWAY P E NTIR ECIRHOLT AVEN O R M A N D Y D RSWISHER LNMANOR DR OAKRIDGE AVEGRANADACTWHITE OAK PL FOREST VIEW TRL SUGAR L O AF C I R N DUBUQUESTMA NIT O U TRL W O O DLAND M O U NDSRDM ANITOU TRL ARCH ROCK RD MISSION POINT RD NONAMESTTRANQUIL BLUFFTRL CITYPARKROADSCITY PARK ROADS CITYP A RK ROADS EAST M O O R D R An application submitted by Studio Intrigue on behalf of Iowa City Elks Lodge 590 for a special exception to allow for an 1,654 sq. ft addition to the clubhouse located at 637 Foster Road. µEXC22-0007 637 Foster Road Prepared By: Emani Brinkman Date Prepared: October 2022 0 0.1 0.20.05 Miles November 9, 2022 Board of Adjustment Meeting EXC22-0007 ATTACHMENT 2 Zoning Map Prepared by Staff SWISHERSTPARK PLWALKERCIR T E M PLINRDA L LEY L A URADRFOSTER RD PENTI R E CIR MOSESBLOOMLNLOUI SPLALL E Y MCCL E A R Y LN MACKINAW DRHAYWOOD DR ALLEYCAMBO R N E CIR FLINT DR ALLEY WA L K E R CIR ALGONQUIN RDIDYLLWI L D D R WI L LENBROCKCI RNEWLYNCIRWILLIS DR TAFT SPEEDWAY HOLT AVEN O R M A N D Y D RSWISHER LNMANOR DR OAKRIDGE AVEGRANADACTWHITE OAK PL FOREST VIEW TRL SUGAR L O AF C I R N DUBUQUESTM A NIT OUTRL W O O DLAND M O U NDSRDM ANITOU TRL ARCH ROCK RD MISSION POINT RD NONAMESTTRANQUILBLUFFTRL CITYPARKROADSCITY PARK ROADS CITYP A RK ROADS EAST M O O R D R RM20 P1 RS5 RM20 RS5 P1 RS5 ID-RS RS5 RS5 RM12 P1 ID-RS P1 P1 RS12 RS5 RS5 RS5 RS5 RS5 RS8 RS8 RS5 An application submitted by Studio Intrigue on behalf of Iowa City Elks Lodge 590 for a special exception to allow for an 1,654 sq. ft addition to the clubhouse located at 637 Foster Road. µEXC22-0007 637 Foster Road Prepared By: Emani Brinkman Date Prepared: October 2022 0 0.1 0.20.05 Miles November 9, 2022 Board of Adjustment Meeting EXC22-0007 ATTACHMENT 3 Correspondence Submitted by the Identified Party October 21, 2022 RE: Special Exception for 637 Foster Road Dear Property Owner and/or occupant: The Iowa City Board of Adjustment has received an application submitted by Studio Intrigue on behalf of Iowa City Elks Lodge 590 requesting a special exception to allow an addition to the clubhouse located at 637 Foster 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 November 9, 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 319-356-5247 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 klehmann@iowa-city.org or 319-356-5247 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- 5247 or e-mail klehmann@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 klehmann@iowa- city.org. Board of Adjustment: Frequently Asked Questions SWISHERSTPARK PLWALKER CIR T E M PLINRDA L LEY LAURA DR FOSTER RD MOSESBLOOMLNLOUI SPLALL E Y MCCL E A R Y LN MACKINAW DRHAYWOOD DR ALLEYCAMBO R N E CIR ALLEYFLINT DR ALLEY WA L K E R CIR ALGONQUIN RDIDYLLWI L D D R WI L LENBROCKCI RNEWLYNCIRWILLIS DR TAFT SPEEDWAY P E NTIR ECIRHOLT AVEN O R M A N D Y D RSWISHER LNMANOR DR OAKRIDGE AVEGRANADACTWHITE OAK PL FOREST VIEW TRL SUGAR L O AF C I R N DUBUQUESTMA NIT O U TRL W O O DLAND M O U NDSRDM ANITOU TRL ARCH ROCK RD MISSION POINT RD NONAMESTTRANQUIL BLUFFTRL CITYPARKROADSCITY PARK ROADS CITYP A RK ROADS EAST M O O R D R An application submitted by Studio Intrigue on behalf of Iowa City Elks Lodge 590 for a special exception to allow for an 1,654 sq. ft addition to the clubhouse located at 637 Foster Road. µEXC22-0007 637 Foster Road Prepared By: Emani Brinkman Date Prepared: October 2022 0 0.1 0.20.05 Miles Mailing Name Mailing Address2 Mailing Address3 Mailing Zip Code NORTH DUBUQUE LLC 130 E 3RD STE 400 DES MOINES, IA 50309 RUTH CAVEN 1495 BUCKINGHAM PL IOWA CITY, IA 52245 SJF LLC 1550 S GILBERT ST IOWA CITY, IA 52240 ADAM KEUNE 1700 MACKINAW DR IOWA CITY, IA 52245 KATHRYN M BAKER 1701 MACKINAW DR IOWA CITY, IA 52245 TERRY GIBSON & JAN GIBSON 1702 ALGONQUIN RD IOWA CITY, IA 52245 MEREDITH T STABEL 1706 ALGONQUIN RD IOWA CITY, IA 52245 JAMES M S CLANCY & C MARY COPP 1706 LOUIS PL IOWA CITY, IA 52240 ANDREA SANCHEZ PENA 1710 ALGONQUIN RD IOWA CITY, IA 52245 BARBARA MUELLER 1712 LOUIS PL IOWA CITY, IA 52245 CHARLES FISHER 1714 ALGONQUIN RD IOWA CITY, IA 52245 MARGARET E KRAPFL 1714 LOUIS PL IOWA CITY, IA 52245 DARIN BLUM 1715 LOUIS PL IOWA CITY, IA 52245 Occupant 1717 LOUIS PL IOWA CITY 52245 LUDWIG & MARY WALLIS GUTMANN 1717 MACKINAW DR IOWA CITY, IA 52245 TERRY DEAN & ROBERTA E PELTIE 1718 ALGONQUIN RD IOWA CITY, IA 52240 SANDRA K ALPER 1720 LOUIS PL IOWA CITY, IA 52245 JOSEPH M POCH 1720 MACKINAW DR IOWA CITY, IA 52245 Occupant 1722 ALGONQUIN RD IOWA CITY 52245 LARRY 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ALGONQUIN RD IOWA CITY, IA 52245 Occupant 1751 LOUIS PL IOWA CITY 52245 DEBORAH S & CLAIRE M BROBST 1753 LOUIS PL IOWA CITY, IA 52245 JEFFREY THOMAS LAVRENZ 1753 MACKINAW DR IOWA CITY, IA 52245 Occupant 1754 ALGONQUIN RD IOWA CITY 52245 SHIRLEY A BLAIR 1755 LOUIS PL IOWA CITY, IA 52245 JOYCE E OSBORN 1757 LOUIS PL IOWA CITY, IA 52245 JOHN E & MARY RITA PATCHETT 1758 ALGONQUIN RD IOWA CITY, IA 52245 DALE G & SANDRA L & GREGORY R 1759 LOUIS PL IOWA CITY, IA 52245 JAYNE E NELSON 1760 MACKINAW DR IOWA CITY, IA 52245 SUSAN I FRAUEHNHOLTZ 1761 LOUIS PL IOWA CITY, IA 52245 JENNIFER L & BERNARD J BECKER 1762 ALGONQUIN RD IOWA CITY, IA 52245 RUSSELL & JANET MAHERAS 1763 LOUIS PL IOWA CITY, IA 52245 LISA ARVIDSON 1765 LOUIS PL IOWA CITY, IA 52245 PARANG KIM 1767 LOUIS PL IOWA CITY, IA 52245 RANDY L & CHERYL J SHANKS 1769 LOUIS PL IOWA CITY, IA 52245 MEGAN FRASER 1771 LOUIS PL IOWA CITY, IA 52245 RICHARD COWELL & SUSANNE KRETZ 1771 MACKINAW DR IOWA CITY, IA 52245 LEO WILLIAM SALAT III 1773 LOUIS PL IOWA CITY, IA 52245 MATTHEW SEE & LAWRETTE SEE 1775 LOUIS PL IOWA CITY, IA 52245 KATHLEEN A & GRACE L MCCARRON 1777 LOUIS PL IOWA CITY, IA 52245 DANIEL & CHRISTINE M KELLERMAN 1779 LOUIS PL IOWA CITY, IA 52245 DEXTER W & SANDRA J HYDE 1801 HILTON DR CEDAR FALLS, IA 50613 JAMY F BALL 1801 MACKINAW DR IOWA CITY, IA 52245 Occupant 1804 ALGONQUIN RD IOWA CITY 52245 Occupant 1808 ALGONQUIN RD IOWA CITY 52245 Occupant 1812 ALGONQUIN RD IOWA CITY 52245 SUSAN DUFFY 1813 MACKINAW DR IOWA CITY, IA 52245 BRIAN M & ERICA R KALDENBERG 1814 MACKINAW DR IOWA CITY, IA 52245 Occupant 1816 ALGONQUIN RD IOWA CITY 52245 Occupant 1820 ALGONQUIN RD IOWA CITY 52245 Occupant 1824 ALGONQUIN RD IOWA CITY 52245 JULIE KRUGER & HEATHER DAVIS 1827 MACKINAW DR IOWA CITY, IA 52245 Occupant 1828 ALGONQUIN RD IOWA CITY 52245 RUTH & JEFF FIELD 1830 MACKINAW DR IOWA CITY, IA 52245 Occupant 1832 ALGONQUIN RD IOWA CITY 52245 Occupant 1836 ALGONQUIN RD IOWA CITY 52245 Occupant 1840 ALGONQUIN RD IOWA CITY 52245 Occupant 1844 ALGONQUIN RD IOWA CITY 52245 Occupant 1848 ALGONQUIN RD IOWA CITY 52245 Occupant 1852 ALGONQUIN RD IOWA CITY 52245 Occupant 1856 ALGONQUIN RD IOWA CITY 52245 Occupant 1860 ALGONQUIN RD IOWA CITY 52245 Occupant 1864 ALGONQUIN RD IOWA CITY 52245 CLAIR M & MARY K JOHNSON 1919 KOSCLA AVE FAIRFIELD, IA 52556 WILLIAM E FULCHER 2010 N B ST FAIRFIELD, IA 52556 SCOTT DAVID & CATHY CURRY TIGG 20568 180TH ST CARROLL, IA 51401 DEBORAH & DENNIS D BEILER 2178 WILLENBROCK IOWA CITY, IA 52245 TERRENCE L & MICHELLE R SMITH 219 DAYAN DR COUNSIL BLUFFS, IA 51503 ROBERT J JETT 221 E COLLEGE ST #300 IOWA CITY, IA 52240 PAUL K BEUTLER 2301 S 102ND ST OMAHA, NE 68124 GARY W & SUSAN M DAVISSON 305 TAFT SPWY IOWA CITY, IA 52245 Occupant 310 TAFT SPWY IOWA CITY 52245 SUSAN L STALKFLEET 3105 DUBUQUE ST NE IOWA CITY, IA 52240 BARKER DEVELOPMENT LLC 316 E COURT ST IOWA CITY, IA 52240 CORRIDOR WOODS LMTD PRTNRSHP 322 E 2ND ST IOWA CITY, IA 52240 CLARK A SCHNEPEL & ERICA M SCH 35125 DOGWOOD RD CARSON, IA 51525 JEAN Y JEW 3973 STEWART RD NE IOWA CITY, IA 52240 ROBERT F & MARTHA C KIRBY 400 FOSTER RD IOWA CITY, IA 52245 FLEX PROPERTIES LLC 425 E OAKDALE BLVD #101 CORALVILLE, IA 52241 WATTS GROUP 425 E OAKDALE BLVD #101 CORALVILLE, IA 52241 MELROSE INVESTMENT GROUP LC 425 OAKDALE BLVD #101 CORALVILLE, IA 52241 MCCORMICK SQUARE LC 425 OAKDALE BLVD STE 101 CORALVILLE, IA 52241 NEXT LEVEL REAL ESTATE LLC 428 WESTCOR DR CORALVILLE, IA 52241 Occupant 500 FOSTER RD IOWA CITY 52245 JOHN D MCCULLOUGH 5018 UNDERWOOD AVE APT 301 OMAHA, NE 68132 Occupant 520 FOSTER RD IOWA CITY 52245 Occupant 540 FOSTER RD IOWA CITY 52245 MARY J HAGEN 560 FOSTER RD IOWA CITY, IA 52240 MATTHEW T SHEA 562 FOSTER RD IOWA CITY, IA 52245 WENDELIN A GUENTNER 570 FOSTER RD IOWA CITY, IA 52245 SAMANTHA R HAGAN & MELISSA K W 572 FOSTER RD IOWA CITY, IA 52245 Occupant 580 FOSTER RD IOWA CITY 52245 Occupant 600 TAFT SPWY IOWA CITY 52245 Occupant 602 FOSTER RD IOWA CITY 52245 Occupant 605 FOSTER RD IOWA CITY 52245 841 NORMANDY LLC 616 4TH AVE SE #106 CEDAR RAPIDS, IA 52401 EDDIE D & CHERI D COLE 620 FOSTER RD IOWA CITY, IA 52245 IOWA CITY LODGE #590 BPOE 637 FOSTER RD IOWA CITY, IA 52245 ANDREW & JACQUE VANDERHEYDEN 6439 TORRY PINES DR DUBUQUE, IA 52002 LACINA HOLDINGS LLC 7 CROSBY PARK DR MARSHALTOWN, IA 50158 Occupant 700 FOSTER RD IOWA CITY 52245 Occupant 701 ARCH ROCK RD IOWA CITY 52245 Occupant 702 ARCH ROCK RD IOWA CITY 52245 JOSEPHINE A HAACK 703 MISSION POINT RD IOWA CITY, IA 52245 Occupant 704 FOSTER RD IOWA CITY 52245 DAVID A & DEBRA M LAHANN 704 W 1ST AVE DURANT, IA 52747 Occupant 705 ARCH ROCK RD IOWA CITY 52245 Occupant 706 ARCH ROCK RD IOWA CITY 52245 Occupant 707 MISSION POINT RD IOWA CITY 52245 Occupant 708 FOSTER RD IOWA CITY 52245 Occupant 709 ARCH ROCK RD IOWA CITY 52245 JON M HARDING 709 NORMANDY DR IOWA CITY, IA 52246 Occupant 710 ARCH ROCK RD IOWA CITY 52245 Occupant 711 MISSION POINT RD IOWA CITY 52245 ALEXANDER G MICKUS 712 FOSTER RD IOWA CITY, IA 52245 Occupant 713 ARCH ROCK RD IOWA CITY 52245 Occupant 714 ARCH ROCK RD IOWA CITY 52245 TYLER J & HANNAH R KELLY 715 MISSION POINT RD IOWA CITY, IA 52245 CARRIE ELIZABETH SWANSON 717 NORMANDY DR IOWA CITY, IA 52246 Occupant 720 FOSTER RD IOWA CITY 52245 HAROLD R & PATTY S STONE 721 ARCH ROCK RD IOWA CITY, IA 52245 JANICE OMANN 721 NORMANDY DR IOWA CITY, IA 52246 MAI SHEHATA 722 ARCH ROCK RD IOWA CITY, IA 52245 Occupant 723 MISSION POINT RD IOWA CITY 52245 Occupant 724 FOSTER RD IOWA CITY 52245 STAR WOJCIAK 725 ARCH ROCK RD IOWA CITY, IA 52245 Occupant 726 ARCH ROCK RD IOWA CITY 52245 Occupant 727 MISSION POINT RD IOWA CITY 52245 Occupant 728 FOSTER RD IOWA CITY 52245 MARK V HOWARD & SUSAN K HOWARD 729 ARCH ROCK RD IOWA CITY, IA 52245 XUECHEN GAO & YOUDAN CUI 730 ARCH ROCK RD IOWA CITY, IA 52245 SEAN P FINN 731 MISSION POINT RD IOWA CITY, IA 52245 Occupant 732 FOSTER RD IOWA CITY 52245 LYDIA DOUGLAS 733 ARCH ROCK RD IOWA CITY, IA 52245 MARIE L KRUGER 734 ARCH ROCK RD IOWA CITY, IA 52245 NATE CRUISE 735 MISSION POINT RD IOWA CITY, IA 52245 BABATUNDE OLAIYA & OLUWATOSIN 740 FOSTER RD IOWA CITY, IA 52245 JUSTIN DROBISH 741 ARCH ROCK RD IOWA CITY, IA 52245 Occupant 742 ARCH ROCK RD IOWA CITY 52245 THORARINN ARNI BJARNASON & INA 743 MISSION POINT RD IOWA CITY, IA 52245 BENJAMIN C ISAAC 744 FOSTER RD IOWA CITY, IA 52245 SIVARAMAKRISHNA KOGANTI 745 ARCH ROCK RD IOWA CITY, IA 52245 Occupant 746 ARCH ROCK RD IOWA CITY 52245 BRIAN DECOSTER 747 MISSION POINT RD IOWA CITY, IA 52245 Occupant 748 FOSTER RD IOWA CITY 52245 THOMAS A & JULIE A SEEDORFF 749 ARCH ROCK RD IOWA CITY, IA 52245 Occupant 750 ARCH ROCK RD IOWA CITY 52245 JARED ROBERT LEE FRYE 751 MISSION POINT RD IOWA CITY, IA 52245 CARL D & DIANE J BAKER 752 FOSTER RD IOWA CITY, IA 52245 LEONARD N & CONNIE J BURKART 753 ARCH ROCK RD IOWA CITY, IA 52245 Occupant 754 ARCH ROCK RD IOWA CITY 52245 Occupant 755 MISSION POINT RD IOWA CITY 52245 JACOB M SCHMITZ 760 FOSTER RD IOWA CITY, IA 52245 MICHEAL A BEAL 761 ARCH ROCK RD IOWA CITY, IA 52245 Occupant 762 ARCH ROCK RD IOWA CITY 52245 ALEXANDER MICHAEL & CATHERINE 763 MISSION POINT RD IOWA CITY, IA 52245 MITCHELL A WASHBURN 764 FOSTER RD IOWA CITY, IA 52245 GUSTAVO G CARO 765 ARCH ROCK RD IOWA CITY, IA 52245 GUSTAVO GERONIMO CARO 766 ARCH ROCK RD IOWA CITY, IA 52245 BODE YU 767 MISSION POINT RD IOWA CITY, IA 52245 RICHARD MARK KENASTON 805 NORMANDY DR IOWA CITY, IA 52246-2427 Occupant 832 NORMANDY DR IOWA CITY 52246 JONATHAN M & MIRIAM I OZEROFF 833 NORMANDY DR IOWA CITY, IA 52246 Occupant 836 NORMANDY DR IOWA CITY 52246 Occupant 841 NORMANDY DR IOWA CITY 52246 DREW B & JUDITH B DILLMAN 845 NORMANDY DR IOWA CITY, IA 52246 CARLTON M WADE JR 853 SUGAR LOAF CIR IOWA CITY, IA 52245 RICHARD WEITZEL 861 SUGAR LOAF CIR IOWA CITY, IZ 52245 WILLIAM J BLANCHARD 869 SUGAR LOAF CIR IOWA CITY, IA 52245 CHRISTOPHER M MARTIN & KRISTIN 879 SUGAR LOAF CIR IOWA CITY, IA 52245 JAMES A ANKRUM & LAURA E ANKRU 889 SUGAR LOAF CIR IOWA CITY, IA 52245 MATTHEW R WEITZEL 896 SUGAR LOAF CIR IOWA CITY, IA 52245 T & S INVESTMENTS 949 WYNSTONE DR JEFFERSON, SD 57038 VERIZON WIRELESS PO BOX 2549 ADDISON, TX 75001-2549 November 9, 2022 Board of Adjustment Meeting EXC22-0007 ATTACHMENT 4 Special Exception Application Submitted by the Applicant Project Description: 827 sq. ft. addition to each floor of Elks Lodge. 1,654 sq. ft. total. List of neighboring properties within 500’ of Elks Lodge 590 – 637 Foster Rd. Abraham, Jeffrey S. Sr. & David C. 1132 Swisher St +1112, 1114, 1116, 1118, 1120, 1122,1124, 1126, 1128, 1130, 1132, 1134, 1136, 1138, 1140, 1142, 1144, 1146, 1148, 1150, 1152, 1154, 1156, 1158, 1160, 1162 & 1164 Abuhammound, Salahaldeen & Emtier, Banan 1207 Swisher St. Isabell, Claire & Furlong, Sean 1227 Swisher St. Sorenson Family Trust 1247 Swisher St. Haker, Clark A. & Angela K. 1250 Swisher St. Greater Iowa City Housing Fellowship 1267 Swisher St. + 1269 Sturtevant, John T. & Christina K. 1270 Swisher St. Zimmermann, Adam B. & Leah M. 1280 Swisher St. Greater Iowa City Housing Fellowship 1287 Swisher St. + 1289 Diefenderfer, Chad E. & Mehgan L. 1290 Swisher St. Sidhu, Sarvjeev Singh & Nur-Sidhu, Homa 1121 Foster Rd. + 1105, 1113, 1121, 1129, 1145, 1137, 1153, 1161, 1169, 1177, 1185 & 1193 Hendrickson, Andrea 1089 Fsoter Rd. + 1089-1/2 William D. Vincent Revocable Trust & Marie C. Kerbeshian Revocable Trust 1075 Foster Rd. + 1075-1/2 McCarville, Jacalyn Beth & Alan Joseph 1059 Foster Rd. +1059-1/2 Miller, Theresa 1100 Foster Rd. + 1104, 1108, 1112, 1116, 1120, 1124, 1128, 1132, 1136, 1140, 1144, 1152, 1156, 1160, 1164, 1168, 1172, 1176, 1180, 1184, 1188, 1192 & 1196 Riepe, Patrick J. & Stefanie N. 1090 Foster Rd. +1090-1/2 Townsend, Jessica Ann & Resch, Jon 1072 Foster Rd. +1072-1/2 Kay, Alan R. 1054 Foster Rd. +1054-1/2 Wilkes, Phillip S. & Lauren S. 1036 Foster Rd. +1036-1/2 Carmichael, Emmett M-S 1018 Foster Rd. +1018-1/2 Doster, Eric P 1000 Foster Rd Wells, Susan K. 40 White Oak Pl. Nelson, Gregory C. & Patricia A. 37 White Oak Pl. Colbert, Michael W. & Amy E. 30 White Oak Pl. Hedberg, Daniel T. & Heidy L. 25 White Oak Pl. Swick, Brian 22 White Oak Pl. Perry, George H Sr 12 White Oak Pl Macatee, John & Lyons, Jane 15 White Oak Pl. Mcmullen, Mark F & Nancy L 5 White Oak Pl Grolmus, Mary Joann 872 Foster Rd. + 850, 852, 854, 856, 858, 860, 862, 864, 866, 868, 870, 872, 910, 912, 914, 916, 918, 920, 922, 924, 926, 928 & 930 Foster Rd Mackinaw Village Homeowners Association Inc 969 Manitou Trl Weitzel, Matthew R. & Schuettplez, Carrie Ann 896 Sugar Loaf Cir Ankrum, James A. & Laura E 889 Sugar Loaf Cir Kringlen, James Gelner & Kandie 884 Sugar Loaf Cir Martin, Christopher M. & Sellers, Kristin N 879 Sugar Loaf Cir Warren P Bishop Revocable Trust & Gail A Bishop Revocable Trust 872 Sugar Loaf Cir Blanchard, William J. 869 Sugar Loaf Cir Ford, Jeffrey & Marshall, Lynette 864 Sugar Loaf Cir Richard L Weitzel Trust 861 Sugar Loaf Cir Marple, Daniel E. & Zhang, Ke A. 856 Sugar Loaf Cir Wade, Carlton M. Jr & Wade, Constance A Marietta 853 Sugar Loaf Cir Gerard Patrick Clancy Md Revocable Living Trust 848 Sugar Loaf Cir Edith Campo Trust & Forsythe, Peter Michael 831 Sugar Loaf Cir Kruger, Julie A. & Davis, Heather A. 1827 Mackinaw Dr Duffy, Susan 1813 Mackinaw Dr Ball, Jamy F. & Beth M. 1801 Mackinaw Dr Lavrenz, Jeffrey Thomas & Bodensteiner, Danielle Rae 1753 Mackinaw Dr Noggle, Karen Mary 1735 Mackinaw Dr Gutmann, Ludwig & Mary Wallis 1717 Mackinaw Dr Baker, Kathryn M 1701 Mackinaw Dr Field, Ruth & Jeff 1830 Mackinaw Dr. Kaldenberg, Brian M. & Erica R. 1814 Mackinaw Dr. Nelson, Jayne E. 1760 Mackinaw Dr. Greazel, Nathan & Roxanne 1740 Mackinaw Dr Poch, Joseph M 1720 Mackinaw Dr Keune, Adam 1700 Mackinaw Dr Beiler, Deborah & Dennis D. 702 Arch Rock Rd. + 706, 710, 714, 722, 726, 730, 734, 742, 746, 750, 754, 762 & 766 Caro, Gustavo G. & Maria Teresa 765 Arch Rock Rd. + 700,701, 704, 705, 708, 709, 712, 713, 720, 721, 724, 725, 728, 729, 732, 733, 740, 741, 744, 745, 748, 749, 752, 756, 760, 761, 764 & 765 Mccormcik Square Llc 1864 Algonquin Rd + 1804, 1808, 1812, 1816, 1820, 1824, 4828, 1832, 1836, 1840, 1844, 1848, 1852, 1856, 1860, & 1864 Becker, Jennifer L. Bernard J. & Katherine Elizabeth 1762 Algonquin Rd + 1702, 1706, 1710, 1714, 1718, 1722, 1726, 1730, 1734, 1738, 1742, 1746, 1750 1754, 1758 & 1762 Jean Y Jew Revocable Trust & Joe, Shung Moo 580 & 590 Foster Rd Cole, Eddie D. & Cole, Cheri D. + Rosenquist, Alexander & Larissa 602 Foster Rd. Hagan, Samantha R. & Wallace, Melissa K. 572 Foster Rd. + 562 SIF LLC 540 Foster Rd + 520, 522, 530, 532, 540, 550 & 552 Butler, Brandon L 1745 Louis Pl + 1706, 1712, 1714, 1715, 1717, 1720, 1722, 1728, 1729, 1730, 1731 Kirby, Martha C. & Robert F. 400 Foster Rd. Davisson, Gary W. & Susan M. 305 Taft Speedway City Of Iowa City 301 Taft Speedway 310 Taft Speedway Next Level Real Estate LLC 600 Taft Speedway Ioa City Elks Lodge BPOE 590 Property Description Parcel: 1004426004 Section: 04 Township: 79 Rng: 6 IOWA CITY SECTION:4 RANGE:6 S 30A GOV LOT 6 EXC 1.5A & EXC THAT LAND CONVEYED TO CITY OF IOWA CITY AS ROW IN BK 2590 PG 247 & INCL PART OF GOV LOT 7 LYING S OF FOSTER RD & W OF AUDITOR'S PARCEL 2019136 AS DESC IN SURVEY BK 63, PG 342 November 9, 2022 Board of Adjustment Meeting PRELIMINARY MEETING MINUTES ITEM 5 ON THE AGENDA July 18, 2022 Prepared by Staff MINUTES PRELIMINARY BOARD OF ADJUSTMENT FORMAL MEETING EMMA HARVAT HALL JULY 18, 2022 – 5:15 PM MEMBERS PRESENT: Nancy Carlson, Gene Chrischilles, Bryce Parker, Mark Russo MEMBERS ABSENT: STAFF PRESENT: Sue Dulek, Kirk Lehmann OTHERS PRESENT: Chris Pose, Mike Pugh 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. IN MEMORY OF AMY PRETORIUS: Chrischilles made some remarks in remembrance of Amy Pretorius, a Board member who recently passed. Speaking on behalf of the Board and associated city staff when remembering and mourning the passing of Amy Pretorius, condolences go out to her surviving husband and son. Amy always came to meetings prepared and presented her views with a smile on her face. She served as a chairperson who always kept the meetings running efficiently and her opinions were well thought out. She was an individual that wanted to give back to the community and make it a better place. She was a solid part of this Board and will be missed by all. SPECIAL EXCEPTION ITEM 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. Chrischilles opened the public hearing. Lehmann began the staff report noting the location of this proposed project is on a parcel in the south area of the City, south of Lehman Avenue, east of Soccer Park Road and west of the Sycamore Greenway. This parcel is larger than what the actual substation would as it would only a portion of this parcel. Lehmann noted it's primarily agricultural land in the surrounding areas and it is just north of the wastewater treatment plant. Lehmann stated there's not really any development nearby, but there are some apartments north of Lehman Road approximately 800 feet away. This parcel is also within the area right next to the 1000-foot buffer of the water treatment plant, and this is an area that the City is looking to retain as undeveloped to allow future expansions of the wastewater treatment plant. As far as zoning, a portion of the area was recently rezoned to Neighborhood Public, which is the P1 zone, but when the application was submitted and staff prepared the initial staff report, it was still zoned Interim Development - Board of Adjustment July 18, 2022 Page 2 of 7 Multifamily Residential (ID-RM) but is no longer for the portion where the substation will be. Adjacent zones are Neighborhood Public as well as some other Interim Development zones that are residential, both single family and multifamily. The purpose of this application is to establish an electrical substation for MidAmerican Energy on about 3.9 acres. Again, Council just rezoned this property to Neighborhood Public zone on July 12. There are currently eight other substations in Iowa City, the most recent was installed in 2020. Electric substations provide a necessary service and allow electrical usage for surrounding areas, and they have to be close to those uses for which they provide power as they draw from transmission lines and make that usable for the nearby development. The applicant did not hold a good neighbor meeting as part of this application but did reach out to all neighboring property owners as there aren't that many within 500 feet. Lehmann next showed the site plan noting there is an access easement that would run along the transmission lines that are currently running through the field south of Lehman Avenue. The site itself is just outside of that 1000-foot buffer and it would connect directly into the transmission lines. He pointed out the transmission line that runs along the west property line and how the towers would connect into it, they're approximately 50 feet tall. The site plan also shows landscaping all around and it includes many large trees, and there is fencing as well as around the substation. Lehmann showed some pictures of the surrounding area noting east along Lehman Avenue is currently not a developed road, so the applicant would need to extend that road which was a condition of the rezoning. He showed a picture of the apartment complex that's the closest development but noted it's relatively far from the substation itself. The role of the Board tonight is to approve, approve with conditions or deny the application based on the facts presented. To approve the special exception the Board must find that it meets all approval criteria which includes both specific criteria tied to the special exception requested and then also the general standards that apply to all special exceptions. The specific standard is located at 14-4B-4D-1b and is related to basic utility uses not enclosed within a building. In P1 zones such uses are permitted by special exceptions. It states they must be screened from the public view of adjacent residential zones to the S3 standard and must also be compatible with surrounding structures and uses with regards to safety, size, height, scale, location, and design. Regarding the screening for public view of adjacent residential zones, again the property is more than 850 feet from the closest residential development, which is a multifamily complex north of Lehman Avenue, and the surrounding area is largely undeveloped and used for agriculture. Therefore, there aren't really any adjacent residential uses. In terms of the characteristics of the substation itself, the site's approximately 210 by 257 feet and the substations is set back more than 75 feet from all of the property lines. The tallest part of the substation are the 50-foot-tall dead-end towers and shield masks and those are what tap into the transmission lines to the west. In terms of elevation, the properties to the north, west and south are higher than this, but the substation is at a higher elevation than the properties to the east. The site plan shows an eight-foot-tall chain link fence with barbed wire around the use and S3 high screening around the property. There's lots of plantings around it and at maturity all plantings will be at least eight feet tall and there will be at least 61 trees over 40 feet in height. In terms of compatibility with surrounding structures and uses, future uses in the area may include residential development to the west, north and east. The area to the south the City is retaining as undeveloped for the City's wastewater treatment plant buffer. It may also be developed as residential if the City is unable to acquire that property. In terms of the proposed use, it's a Board of Adjustment July 18, 2022 Page 3 of 7 relatively large use, but the property is compatible with surrounding uses because it abuts those existing transmission lines that run through the property. Also, it's adjacent to that wastewater treatment plant buffer which make residential uses less desirable and there are some additional elements that help mitigate the effects on surrounding properties which include S3 landscaping, which staff recommends as a condition of approval. Also, the substation would be built prior to adjacent development, so instead of placing it in an existing residential area where it might not be expected, anyone who moves to this area would know that would be a condition of living there in advance. Therefore, staff believes this specific criteria is met. Lehmann next moved onto the seven general standards at 14-4B-3A that apply to all special exceptions. The first is it will not be detrimental to or endanger public health, safety, comfort or general welfare. The use provides a critical piece of infrastructure that allows future development in the area and provides the electricity. The site plan also shows the proposed use surrounded with a barbed wire fence which prevents access to unauthorized persons and mitigates potential safety issues that might arise from that. Additionally, there are other substations in Iowa City that are all near a variety of uses (commercial and residential) including the most recent substation built in 2020, so staff believes that criterion is met. The second criterion is that it will not injure the use and enjoyment of properties in the immediate vicinity. Again, this provides power for future residents and businesses, and it's surrounded by undeveloped land with the nearest residential uses more than 800 feet away. There is some sound associated with the substation, at approximately 35 to 41 decibels, which is similar to the noise of a library, bird calls or ambient urban noise and there are setbacks and screening that helped mitigate some of that impact at the property line. Regarding lighting for the proposed use, it would typically be approximately 3864 lumens with an additional 30,000 lumens activated by approaching vehicles at nighttime. There is also more intense lighting that may occur during emergency work of up to 400,000 lumens, but it would be relatively infrequent so staff doesn't believe that would have a much impact on surrounding properties. And again, installing the substation prior to development means that folks won't be surprised by it when they moved to the area. Third criterion is that it will not negatively impact development of surrounding property. Past substations have demonstrated that residential development continues by electric substations. The most recent one in 2020 just had townhomes that are being constructed close to it and it hasn't seemed to have impacts on the construction. Again, the proposed use is set back from adjacent property lines at least 75 feet and there are proposed landscaping improvements that help mitigate visual impacts, so staff believes that this criterion is met. The fourth criterion is related to adequate utilities, access roads, drainage and/or necessary facilities. The access to the property will initially be from a temporary public access easement. The easement will be released upon dedication of right-of-way as the surrounding area is developed and final platted and at that time the property would have direct access to right-of- way. In terms of electricity, obviously the substation provides the electricity. Stormwater management would be addressed using an access easement across the adjacent property towards the Sycamore Greenway, which acts as a stormwater detention facility and is a condition of the rezoning that was recently approved. If for whatever reason that wouldn't be possible, the rezoning condition allows for onsite detention, but that would need to be handled at site plan approval and comply with all City stormwater management requirements, so staff will ensure compliance with all of those applicable standards during site plan review. Board of Adjustment July 18, 2022 Page 4 of 7 In terms of ingress or egress to minimize congestion on public streets, the fifth criterion, the site will be accessed from the temporary access easement and will have direct access to right-of- way as the surrounding areas develop. Lehman Avenue does need to be improved to where that temporary access easement is available, and the owner will extend the chip seal to the access point. Following construction, the electrical substation isn't anticipated to provide a lot of traffic because it wouldn't have onsite employees, there is just routine maintenance traffic so staff doesn't anticipate any substantial impacts to traffic. The sixth criterion is that it must meet all other applicable standards. Lehmann explained the use meets dimensional and site development standards in P1 zones. Basic utility uses are exempt from height standards, so that is not an issue. The site does contain some hydric soils according to their sensitive areas plan that was submitted as part of the rezoning but there are no wetlands or remnant prairies on the site. The applicant will have to make sure that their construction abides by the City’s sensitive areas ordinance and have landscaping that is consistent with S3 screening as staff continues to recommend that be a condition of approval in anticipation of future residential development. The property is also subject to low ambient lighting standards which allows a maximum light output of approximately 200,000 lumens. In normal conditions, total light output would be about 35,000 lumens. There are some circumstances with emergency situations, which would be required for worker safety, where total light output would temporarily be above that but because that's only temporary staff believes that this standard is still met. Again, staff will ensure compliance with applicable standards during site plan review. The final criterion is the proposed exception must be consistent with Comprehensive Plan. Lehmann noted the South District Plan future land use map designates the area as form-based land uses which are based on transects. Transect 3 is the suburban transect and within the area it is shown as neighborhood general which is a mix of lower intensity housing uses, such as single family, duplexes, and some lower scale multifamily. Also in the area is Transect 4 which is general urban with neighborhood medium which is some higher intensity multifamily uses. The Comprehensive Plan shows it as residential at 2-8 dwelling units per acre. Lehmann noted this would provide essential utility uses which would serve this residential development so that is consistent with these future land use designations. Also the Comprehensive Plan supports coordination between private utilities and the City to provide high levels of service for areas under development at an efficient cost. Lehmann stated there are also standards in the Comprehensive Plan that talk about the need for contiguous development and to avoid leapfrog development. While this is clearly not contiguous with adjacent development it is suitable for the proposed use because it's directly adjacent to those existing transmission lines, which provides lower cost services and still provides the high levels of service that staff wants to see. The site is also directly adjacent to that 1000-foot wastewater treatment buffer so it is adjacent to other similar uses. Staff and the applicant did look at trying to provide this use within that buffer but due to the soils that are there, it was not possible. 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 condition: 1. Provide for screening to the S3 standard along all property lines, the design of which shall be approved by the City Forrester prior to site plan approval. Chris Pose (317 Sixth Avenue, suite 300, Des Moines) is the attorney on behalf of MidAmerican Board of Adjustment July 18, 2022 Page 5 of 7 Energy Company and stated they would adopt and present the staffs report as support for their application and ask for the Board’s approval. Carlson asked why they have two entrances, she drove around and looked at other substations in town and most of them just have one entrance. This drawing shows two gates, meaning two entrances. Pose replied they are only planning one entrance. The only place they're planning on entering this site right now is the temporary access easement to the north. Eventually, as the land to the north develops, there will be a public street system that will serve as an access point and they will move the access to the point where the public street comes closest to the site. Pose noted there are two gates for the substation itself, one just accessing to the west within the land they own, but the access out to public road is only through one entrance. The two gates are to accommodate the traffic of trucks that will come in to bring the equipment. Mike Pugh (425 E Oakdale Blvd, Coralville, IA) is the attorney representing the landowner, which is Lake Calvin Properties, LLC, and Sycamore Apartments which are affiliated entities. He noted the same owners own the property to the north as well under a different Limited Liability Company but suspects that by the time they sell the property to MidAmerican it'll be under the same entity. The property owners are fully in support of the application, they’ve been working for many months with MidAmerican to get this site to the point that works for them and for his clients. They've been working hard with the City on the concept of the temporary access easement that will go away at some point once the property to the north is subdivided. Pugh would encourage the Board to adopt the staff’s recommendation that the site be screened to S3 standards now though, even with the property not developed. They anticipate that someday it will be residential uses around the property, so they support the staff’s recommendation that the site be screened to S3 standards. Chrischilles closed the public hearing. Carlson 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 by the City Forrester prior to site plan approval. Russo seconded the motion. Carlson noted she finds it nice that they are setting this up before construction begins in the area. She did go look at some of the other substations and it was an interesting experience. She is also very happy to see the recommendation for S3 screening because that will help the surrounding area. She appreciates the fact that both the City and MidAmerican spent so much time working on this. Chrischilles agreed it’s a good use of the land. Iowa City is going to continue to grow and everybody needs electricity. Carlson stated regarding agenda item EXC22-0005 she does concur with the findings set forth in the staff report dated July 13, 2022 and concludes that the general and specific criteria are satisfied, so unless amended or opposed by another board member she recommends that the Board of Adjustment July 18, 2022 Page 6 of 7 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 JUNE 8, 2022 MINUTES: Chrischilles moved to approve the minutes of June 8, 2022, Parker seconded. A vote was taken and the motion carried 4-0. BOARD ANNOUNCEMENTS: Lehmann noted there would be no August meeting so the next meeting would be on September 14 assuming they will have an application. Chrischilles will not be present for the September 14 meeting if held. They may need to reschedule to get obtain a quorum if a new member isn’t appointed and determined that the third or fourth Wednesday in September would work. Staff will follow up with a date for the next meeting ADJOURNMENT: Parker moved to adjourn this meeting, Chrischilles seconded, a vote was taken and all approved. Board of Adjustment July 18, 2022 Page 7 of 7 BOARD OF ADJUSTMENT ATTENDANCE RECORD 2022-2023 NAME TERM EXP. 7/18 CHRISCHILLES, GENE 12/31/2022 X PARKER, BRYCE 12/31/2024 X VACANCY CARLSON, NANCY 12/31/2025 X RUSSO, MARK 12/31/2021 X Key: X = Present O = Absent O/E = Absent/Excused -- -- = Not a Member