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11-08-2023 Board of Adjustment
IOWA CITY BOARD OF ADJUSTMENT Wednesday, November 8, 2023 — 5:15 PM City Hall, 410 East Washington Street Emma Harvat Hall Agenda: 1. Call to Order 2. Roll Call 3. Special Exception Item a. EXC23-0008: An application submitted by Missie Forbes of Community Coordinated Child Care (4Cs) requesting a special exception to allow a daycare use in a Low Density Single -Family Residential (RS-5) zone for the property located at 1839 B Street. EXC23-0004: A request submitted by Jennifer Colville (Porch Light Literary Centre) to extend the deadline for the condition that 4 bicycle parking spaces be installed in compliance with Article 14-5A of the Zoning Code within 6 months of the date a decision of the Board of Adjustment was filed for EXC23-0004, a special exception approved to allow a religious/private group assembly use in a Neighborhood Stabilization Residential (RNS-12) zone and to reduce the setback requirements at 1019 E. Washington Street. 4. Consideration of Meeting Minutes: July 12, 2023 5. 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 13 / January 10 / February 14 Informal: Scheduled as needed. November 8, 2021 Board of Adjustment Meeting EXC23-0008 ITEM 3A ON THE AGENDA Staff Report Prepared by Staff STAFF REPORT To: Board of Adjustment Prepared by: Kirk Lehmann, Associate Planner Item: EXC23-0008 Date: November 8, 2023 Parcel Number: 1014130004 GENERAL INFORMATION: Applicant: Missie Forbes 4Cs: Community Coordinated Child Care 1500 Sycamore Street Iowa City, IA 52240 Contact Person: Missie Forbes 4Cs: Community Coordinated Child Care 1500 Sycamore Street Iowa City, IA 52240 missie@iowa4cs.com Property Owner(s): Requested Action: Purpose: Location: Location Map: Size: Eureka Lodge #44 Independent Order of the Odd Fellows 1839 B Street Iowa City, IA 52245 Approval of a special exception to allow a daycare use in a Low Density Single -Family Residential (RS-5) zone Establishment of a new daycare center 1839 B Street 26,524 square feet 1 Existing Land Use and Zoning: Surrounding Land Use and Zoning Applicable Code Sections: File Date: BACKGROUND: Institutional; Low Density Single Family Residential (RS-5) North: Residential; Residential East: Residential; Residential South: Residential; Residential West: Residential; Residential Low Density Single Family (RS-5) Low Density Single Family (RS-5) Low Density Single Family (RS-5) Low Density Single Family (RS-5) 14-4B-3A: General Approval Criteria 14-4B-4D-7: Daycare Uses September 28, 2023 The applicant, 4Cs Community Coordinated Child Care, has an offer to purchase the subject property at 1839 B Street for use as a daycare for up to 120 children. The subject property and surrounding neighborhood are currently zoned Low -Density Single -Family Residential (RS-5) which allows a daycare use by special exception. The applicant has indicated that many of its slots would be available to low- and moderate -income families receiving childcare assistance vouchers. The subject property was developed prior to its current zoning designation. The existing structure was built c. 1960 as a church and has been used as a fraternal lodge by the Independent Order of Odd Fellows since 1974. The property is unusual in that it includes undeveloped land in the rear of the property that is separated from the rest of the lot by a public alley. In addition, several elements of the site do not comply with current zoning standards because it was developed under a different zoning code. The applicant proposes several site improvements. These include converting the existing drive to be one directional, adding a pedestrian connection through the site, adding new landscaping buffers to parking areas north of the alley, and adding a new parking area and outdoor play area south of the alley. Existing site development that is currently non -conforming is legally allowed to continue so long as no structural changes are made to the building. 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 14-46-4113-7, pertaining to daycare uses, as well as the general approval criteria in Section 14-46-3A. 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: 14-413-413-7: Daycare Uses: a. Required Interior Activity Areas: Child daycare centers must contain at least thirty five (35) square feet of usable interior floor space per child. Adult daycare centers must contain a minimum of sixty (60) square feet of usable floor area per adult client. An additional twenty (20) square feet of floor area is required for every adult client who uses ambulatory aids. Reception areas, kitchens, storage areas, offices, bathrooms, hallways, treatment rooms, and specialized areas used for therapy are excluded when calculating the required floor area. The dining area may only be included in the square footage calculation if used by daycare participants for activities other than meals. When collocated in a facility that houses other uses or services, the proposed daycare use must have its own separate identifiable space for program activities during operational hours. FINDINGS: • The subject property has approximately 7,785 square feet of usable interior floor space which could accommodate up to 222 children. • The applicant proposes using the subject property for a daycare use with 120 children, which is well below the maximum allowed based on the usable interior floor space. b. Required Outdoor Areas: Child daycare uses must provide a fenced outdoor play area of not less than one hundred (100) square feet per child based on the maximum number of children that will be using the outdoor play area at any given time. The outdoor play area must meet the following standards: (1) Playground equipment is not permitted within the front and side setbacks. (2) Outdoor play areas must be well drained, free from hazards, and readily accessible to the daycare center. In residential zones, outdoor play areas must be completely enclosed by a fence at least four feet (4') in height. In commercial and industrial zones, the outdoor play area must be completely enclosed by a fence built to the S4 standard and be screened along the perimeter of the fence to the S3 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) The city may waive the screening requirement if it is determined that land uses surrounding the daycare use will not pose a nuisance or safety hazard to the children such that a screening buffer is necessary. FINDINGS: • The subject property is zoned Low Density Single -Family Residential (IRS-5). • All playground equipment is located outside of front and side setback areas. • The site plan includes an outdoor play area of approximately 2,156 square feet which can accommodate up to 21 children at one time. • The outdoor play area is enclosed by a 4-foot-tall fence, is free from hazards, and is accessible by a pedestrian path with a demarcated crossing over the alley. • The subject property is within easy walking distance of Chadek Green Park. c. Vehicular Circulation: The use must provide a drop off/pick up area in a location that is convenient to or has good pedestrian access to the entrance to the facility. This drop off/pick up area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into adjacent streets or other public rights of way. (See minimum parking requirements for daycare in section 14-5A-4, 3 table 5A-2 of this title.) To promote safe vehicular circulation, one-way drives are encouraged. FINDINGS: • Most traffic is expected to flow in one direction through the site with vehicles accessing the subject property from B Street, continuing south through the property, and exiting east through the alley towards 51" Avenue. The alley is currently unimproved, so staff recommends a condition that 4Cs improve the alley from the property east to 5"' Avenue prior to occupancy to ensure safe and efficient travel through the site. Like all residential alleys, adjacent property owners including 4Cs will be responsible for ongoing maintenance, including snow clearance. • The subject property has 29 parking spaces, including 15 spaces south of the alley, 9 existing nonconforming spaces just north of the alley, and 5 existing nonconforming spaces in front of the building. • The site has 7loading spaces west of the building on a 9-foot wide, one direction drive. • All parking and stacking spaces are connected to the building with pedestrian routes. • Daycare uses require 1 parking space per employee based on the maximum number of employees at the site at any 1 time, plus 1 parking space for each 10 children served based on the maximum number of children present on the site at any one time, plus 1 stacking space for each 20 children served based on the maximum number of children present on the site at any one time. • Stacking and parking spaces are adequate to accommodate 120 children, in addition to 17 staff members. However, the final required number of parking spaces will be determined by staff -to -children ratios which could vary over time. • The applicant anticipates that many families and staff will access the site by walking, biking, or bus. The subject property is less than a quarter mile (5-minute walk) from the nearest transit stop. • The site plan shows bicycle parking that meets the minimum requirement of 4 spaces. d. Pedestrian Circulation: A sidewalk must be constructed connecting the main entrance of the center to the adjacent public right of way. Pedestrian access must be clearly separated or distinguished from vehicular circulation areas to minimize the extent to which users of the facility are required to walk across drives or aisles to gain access to the daycare center. FINDINGS: • The subject property has a sidewalk from the main entrance to the public right of way. • There is currently no sidewalk along the B Street right of way near the subject property. • The site plan proposes new sidewalks with raised curbs through the property along the west and south sides of the building that help minimize the extent to which users must walk across drives or aisles. Staff recommends a condition that any new pedestrian routes through the site have a raised curb to help ensure pedestrian safety. e. Site Development Standards: If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi -family site development standards as set forth in section 14-26-6 of this title. Daycare facilities that are accessory uses are exempt from this provision. FINDINGS: The proposed use is in a residential zone in the Central Planning District, so it must comply with the multi -family site development standards. The building and site meet some multi -family site development standards but do not comply with standards related to the location and design of surface parking (Section 14-213-6C), mechanical equipment (Section 14-26-61-1), and additional standards in the Central Planning District (Section 14-26-61), specifically regarding the location of parking areas, required setbacks for parking areas and drives, landscaping between parking areas and ground floor windows, location of mechanical equipment, and the windows and architectural style of the building. All existing noncompliant features are either considered elements of a non -conforming structure or non -conforming development, which allow a change in use provided the change does not increase or extend the degree of nonconformity. All changes to the site being proposed as part of this special exception do not increase or extend the degree of non -conformities on the site, and new site elements comply with current zoning requirements. General Standards: 14-4131-3: 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 existing building and site characteristics are well suited to a daycare use. • Potential negative impacts due to increased traffic is mitigated as discussed below. • The proposed use will provide services that are beneficial to the neighborhood. 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. FINDINGS: • The proposed daycare use will primarily be in an existing building, and outdoor play areas are relatively small and set back and screened from adjacent properties which will help mitigate noise impacts. • Additional traffic is likely to be generated by the proposed use during business hours, but the proposed traffic flow, site layout, and recommended conditions will mitigate potential negative impacts. • New parking areas south of the alley are adequately set back and screened from abutting uses. • Existing parking areas and drives are currently not screened from adjacent properties as part of a legal nonconforming development, but the site plan shows new landscaping to buffer parking from and provide additional privacy to abutting uses. Staff recommends this new S2 screening be required along the property lines of existing parking areas as a condition of approval in line with current zoning standards. 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 area is already a fully developed residential neighborhood. The proposed use will occupy an existing structure that has been in the neighborhood since 1960 and will provide beneficial services that will not substantially impact the development or improvement of surrounding property. Conditions help mitigate potential negative effects for surrounding properties. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: • The subject property and neighborhood are already developed, so all utilities, access roads, and necessary facilities are established. • This neighborhood was largely developed without sidewalks, but there is a pedestrian connection to the right of way and through the site. • Conditions help ensure infrastructure can handle an increase in traffic volumes. • Any changes to the site features will be evaluated for compliance with City standards at site plan and building permit review, including standards regarding drainage. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • The front of the site is accessed from B Street and the rear is accessed from an alley that enters/exits onto Garden Street and 511 Avenue. • Most traffic is expected to flow in one direction through the site with vehicles accessing the subject property from B Street, continuing south through the property, and exiting east through the alley towards 51" Avenue. • Some staff and drop off traffic will utilize the alley to access additional parking spaces in the rear of the building which are connected to the building with a pedestrian route and demarcated crossing in the alley. • Signage and pavement markings will help direct traffic through the site. • Conditions will ensure the alley can handle anticipated traffic volumes prior to occupancy of the site. • No changes are proposed to the existing street or drive on the portion of the property north of the alley, other than adding a pedestrian route through the site and new landscaped buffers. New parking on the portion of the property south of the alley complies with all current standards. • The applicant anticipates that many families and staff will access the site by walking, biking, or bus. The subject property is less than a quarter mile (5-minute walk) from the nearest transit stop and provides bicycle parking. 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 subject property meets most standards of the RS-5 zone. • Elements that do not meet current standards may continue as legal non -conformities because a change of use is allowed by Article 14-4E 'Nonconforming Situations' of the City Code where no structural alterations are being proposed. Examples of legal non - conformities include 9 parking spaces that back directly into an alley, the width of the parking aisle in front of the building, the building encroachment in the side setback, and the location of parking lot trees, in addition to legal non -conformities related to the multi -family site development standards discussed in the specific approval criteria. Some elements of the site will be brought into compliance with current standards due to proposed conditions, such as new landscaping buffers along property lines. Staff will ensure all new elements and any future changes comply with relevant standards during building permit and site plan review. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: The Comprehensive Plan Future Land Use Map shows this area as Residential (2-8 dwelling units per acre), and the Central District Plan Future Land Use Map of the Central District Plan shows this area as Private Institutional. The Comprehensive Plan generally supports providing goods and services within convenient walking distance for residents in the immediate area. The proposed exception would convert a religious/private group assembly use to a daycare use, both of which are classified as private institutional uses and are consistent with the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends approval of EXC23-0008 to allow a daycare use in a Low Density Single - Family Residential (RS-5) zone for the property located at 1839 B Street, subject to the following conditions: 1. Design improvements to the alley from the area abutting the subject property to 5th Avenue in the east, in addition to any pedestrian crossings, to the satisfaction of the City Engineer prior to site plan approval. Alley improvements must be accepted by the City Engineer prior to issuance of a Certificate of Occupancy. 2. Provide screening to the S2 standard between parking areas and adjacent properties along the east and west property lines as shown in the site plan dated October 31, 2023 3. Any new pedestrian routes through the site that directly abut parking areas shall be separated by a raised curb or barrier that is a minimum of five inches (Y) in height. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Correspondence 4. Application Materials Approved by: 1 Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services November 8, 2021 Board of Adjustment Meeting EXC23-0008 ATTACHMENT 1 Location Map Prepared by Staff November 8, 2021 Board of Adjustment Meeting EXC23-0008 ATTACHMENT 2 Zoning Map Prepared by Staff Jl� AO 'ilo cr aAVLJJC, il Eno -ir CL) -Oj u lu 06— co Mo a ca L) > w Q, tw CA W-0 r- i.75 November 8, 2021 Board of Adjustment Meeting EXC23-0008 ATTACHMENT 3 Correspondence Submitted by the Identified Party Kirk Lehmann From: Rosanna Seabold <rmseabold@gmail.com> Sent: Wednesday, October 25, 2023 6:42 PM To: Kirk Lehmann Subject: Special exception for 1839 B street day care A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Hello Kirk - Thank you for contacting us about the special exception for the 1839 B street property in our neighborhood. We fully support the exception to allow 4Cs daycare to repurpose this building in the RS-5 zone. We are familiar with 4Cs and the incredible work they do for our community. We feel it is an appropriate use for the building with ample parking and area to allow safe drop off and pick ups for families. In addition, the newly finished playground and green space in Chadek park offers an excellent amenity for the daycare. We appreciate the opportunity for these comments to be considered by the board. Sincerely, Rosanna and Mark Seabold 1724 Muscatine Ave, Iowa City, IA 52240 November 8, 2021 Board of Adjustment Meeting EXC23-0008 ATTACHMENT 4 Special Exception Application Submitted by the Applicant EXC23-0008 (1839 B ST Iowa City, IA 52245) Project Description: establishment of a new childcare center. Did you hold a Good Neighbor Meeting?' No Has a pre -application meeting been held?' Yes Date of previous application or appeal filed M. All special exceptions have specific approval criteria that must be met. Please indicate which specific approval criteria are applicable to this request. Contact staff for help identifying the specific approval criteria that must be met. Specific Criteria (14-413-415-7): Daycare Uses General Criteria (14-4B-3A) Provide code section(s) here' ~ ® LLJ }} ..7 I � I. j z \ (0 \ m ) �2 < § j! CD a g 2 gg < J§ \ K 2 p� z ELU LLI E (L � � \ < $22&e ( 25 ( ® 0 20)E2 / 2 )§ § ( b §W±005> § $ a»0 - < / §2((§§( $> ) §(§ § z 0 w< F-wBG 3§ e �g5 = 9 Go4LreLLLL 22L»§») -§/ 2 e = �z�memoo < Z)LUo k ) cq W k§\fA�$ S=® = r «_2-_= z-=�=¥ aw= « o eaa5mwmmww 9=e�oez CLW a-3 Z $ @�±-ij0g±GG \\@%�®E 2E§ my Xa«<«mwpmm az o0 2«0 0w Z \ 00000E±gEE )k0Of <wm (� e�-jU- �n =e Z Z \0 )z 0 =/i 0z zw/ _§ƒ &8E < 00c»=e ww k0< �a=§+@a 2wq-0- z± F-LLI1:w » §\)W§2Z) G&[§i§§\ ¢§--Z< < 5 �Q<,0LLI « # ( §0,0<< (z 5<e25«�a< §% LUOf F�� W<=±0«=&< ?�\ 0< Wofw=ziUJ<a- EL LU w��m <U.«oaU-<Wo _ D- ILm g§\2d-m(n 00 zz z<zof <zOf y§ Sw±±I&5±± ±g w J W W J 7. Daycare Uses a. Required Interior Activity Areas: Child daycare centers must contain at least thirty five (35) square feet of usable interior floor space per child. Adult daycare centers must contain a minimum of sixty (60) square feet of usable floor area per adult client. An additional twenty (20) square feet of floor area is required for every adult client who uses ambulatory aids. Reception areas, kitchens, storage areas, offices, bathrooms, hallways, treatment rooms, and specialized areas used for therapy are excluded when calculating the required floor area. The dining area may only be included in the square footage calculation if used by daycare participants for activities other than meals. When collocated in a facility that houses other uses or services, the proposed daycare use must have its own separate identifiable space for program activities during operational hours. We will meet or exceed this requirement. We anticipate having 100 children in this space, therefore meeting this requirement. b. Required Outdoor Areas: Child daycare uses must provide a fenced outdoor play area of not less than one hundred (100) square feet per child based on the maximum number of children that will be using the outdoor play area at any given time. The outdoor play area must meet the following standards: (1) Playground equipment is not permitted within the front and side setbacks (2) Outdoor play areas must be well drained, free from hazards, and readily accessible to the daycare center. In residential zones, outdoor play areas must be completely enclosed by a fence at least four feet (4') in height. In commercial and industrial zones, the outdoor play area must be completely enclosed by a fence built to the S4 standard and be screened along the perimeter of the fence to the S3 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) The city may waive the screening requirement if it is determined that land uses surrounding the daycare use will not pose a nuisance or safety hazard to the children such that a screening buffer is necessary. In our submitted site plan, we have allocated 2156 square feet in the back parcel of the property that can accommodate 20 children in the space at one time. We will also fence part of the front of the property for outdoor use with no play equipment so that multiple classrooms can be outside at one time, if needed. c. Vehicular Circulation: The use must provide a drop off/pick up area in a location that is convenient to or has good pedestrian access to the entrance to the facility. This drop off/pick up area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into adjacent streets or other public rights of way. (See minimum parking requirements for daycare in section 14-5A-4, table 5A-2 of this title.) To promote safe vehicular circulation, one-way drives are encouraged. As the site plan shows, 9 stalls at the back of the building are for loading/unloading; The stacking spots at the side of the building are for circulation and accessible spots in the front are a part of city code that requires accessible parking. d. Pedestrian Circulation: A sidewalk must be constructed connecting the main entrance of the center to the adjacent public right of way. Pedestrian access must be clearly separated or distinguished from vehicular circulation areas to minimize the extent to which users of the facility are required to walk across drives or aisles to gain access to the daycare center. As the site plan shows, there is a dedicated crosswalk at the back of the building that leads to the fenced in playground area e. Site Development Standards: If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi -family site development standards as set forth in section 14-213-6 of this title. Daycare facilities that are accessory uses are exempt from this provision. We will comply with the site development standards as it relates to this code. A. Approval Criteria: In order to grant a special exception, the Board must find that the applicant meets the specific approval criteria set forth in this title with respect to the specific proposed exception. The Board must also find that the applicant meets the following general approval criteria or that the following criteria do not apply: 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. 4Cs is committed to ensuring that this project is seen as a benefit to the neighborhood and will not be seen as detrimental to the fabric of the neighborhood. Having to comply with city and state code, this will be ensured from a regulatory standpoint. 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. Our hope is that accessible child care is seen as a benefit and a value to the neighborhood 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. We do not feel that this project will in any way impede upon any normal developments and improvements on surrounding properties 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. As our site plan shows, we have taken these things into account 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. As our site plan shows, we have considered the best way to minimize traffic congestion on the public streets surrounding the proposed center 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. This is correct 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. We believe that a childcare center proposed at this particular site is consistent with the future vision of The City as it pertains to economy, as listed in the City's most recent strategic plan. One action item is to enhance access to childcare through innovative partnerships. There are other economic impacts this center could have that also align with the City's vision, as well, when looking at talent attraction and retention, as well as business growth. 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I� N lD rl rl N rl m N m N rl rl rl a N m 1l1 rl t0 1I1 N lD n m N rl m m V V O •. O •. O •. •. O •. O 0 0 0 0 0 •. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 •. 0 0 0 I� O O IIl N N O rI ei O •. O N O N O tG m N V O ID N N N N O ID m ID m m m m m m m O m rl m m m m m m m m m m N N m O m N m m N m O N N N .................................................................... .a..a..a..`..`�..a..a..a..a..e..a..a..a..`.................`....`�..a..`S .a..e..a..a..a..a..e..`..e..a. 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 17 November 8, 2021 Board of Adjustment Meeting EXC23-0004 ITEM 313 ON THE AGENDA Request to Extend Condition Deadline Submitted by the Applicant Kirk Lehmann From: jennifer colville <colvillejen@hotmail.com> Sent: Thursday, November 2, 2023 12:38 PM To: Kirk Lehmann Subject: Re: EXC23-0004: Follow Up on Conditions A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Hi Kirk, Thanks for your voicemail. I will request an extension. I will call you tomorrow to ask about the details. Thanks! Jennifer From: Kirk Lehmann <KLehmann@iowa-city.org> Sent: Thursday, November 2, 2023 4:29 PM To: jennifer colville <colvillejen@hotmail.com> Cc: Anne Russett <ARussett@iowa-city.org> Subject: EXC23-0004: Follow Up on Conditions Hey Jennifer, As I noted in my voicemail, I looked at your bicycle parking and there are still some issues that need to be addressed to ensure compliance with the conditions of your special exception. As such, I'd recommend that you request an extension as allowed within that condition. To request an extension, just send me an email noting that you are requesting an extension and your anticipated timeframe. I'll need it by end of business today if possible. With regards to the design requirements for bicycle parking areas, they are as follows (City Code Section 14-5A-5K): 1. The minimum size for a bicycle parking space is one and one-half feet by six feet (1.5' X 6'). Where required for access, a minimum aisle width of four feet (4') shall be provided. 2. Bicycle parking areas must be constructed of asphaltic cement concrete, Portland cement concrete or manufactured paving materials, such as brick. However, the city building official may permit the use of rock or gravel areas for bicycle parking, provided edging materials are used so that the bicycle parking area is clearly demarcated and the rock material is contained. 3. Required bicycle parking racks must be designed to support the bicycle by its frame and allow the use of either a cable lock or a U-shaped lock. Bicycle parking racks shall be installed a minimum of two feet (2') from any curb, pavement edge, parking space, drive, walkway, or obstruction such as a well wall, fence, doorway, or landscaping. Bicycle lockers and secure indoor storage facilities are also allowed. 4. Bicycle parking facilities shall be located in a clearly designated, safe, visible, and convenient location and shall be located so as not to impede pedestrian or vehicular traffic. Bicycle parking is allowed in front and side building setbacks in all zones; provided, that such a parking area results in no more than twenty five percent (25%) of the required setback area being paved. We're happy to help you work through the requirements to ensure your bicycle parking meets current code. Feel free to give me a call at 319-356-5247 if you have any questions. Thanks, Kirk Lehmann, ACIP Associate Planner 319-356-5247 Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319-356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MAY 10, 2023 EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Nancy Carlson, Bryce Parker, Paula Swygard MEMBERS ABSENT: Mark Russo STAFF PRESENT: Sara Hektoen, Kirk Lehmann OTHERS PRESENT: Jennifer Colville, Frank Gersh SPECIAL EXCEPTION ITEMS: Fee. Doc ID: 032089370006 Type: GEN Kind: DECISION Recorded: 05/23/2023 at 12:19:06 PM Fee Amt: $32.00 Page 1 of 6 Johnson County Iowa Kim Painter County Recorder 13K6481 PG640-645 EXC23-0002: A public hearing regarding a special exception application submitted by Jennifer Colville and Miles Pufall (Porch Light Literary Centre) requesting special exceptions to allow a religious/private group assembly use in a Neighborhood Stabilization Residential (RNS-12) zone and to reduce the setback requirements at 1019 E. Washington Street. The Board concludes that the following specific standard is met: The following setbacks are required in lieu of the setbacks specified in the base zone. However, the board of adjustment may reduce these setbacks, subject to the approval criteria for setback adjustments as specified in subsection 14-2A-4135, "Adjustments To Principal Building Setback Requirements", of this title. (1) Front: Twenty feet (20'). (2) Side: Twenty feet (20'). (3) Rear: Fifty feet (50'). This is based on the following findings: The existing building is more than 70 feet from the front lot line and more than 20 feet from the side lot line to the east, but it is less than 20 feet from the side lot line to the west and less than 50 feet from the rear lot line. Because it is an existing building, the applicant has requested setback reductions for side and rear setbacks with relevant findings discussed below. The Board concludes that the following specific standard is met: The proposed use will be designed to be compatible with adjacent uses. The board of adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The board of adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Additional requirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and location and design of buildings. This is based on the following findings: • The proposed use is a nonprofit literary center with space which can be accessed by members for writing, hosting workshops or work sessions, and readings. • The proposed use is classified as private group assembly, so it is primarily intended for use by its members, it typically restricts access to the general public, and it cannot be rented out for commercial office uses or for events held by the general public. • The proposed use will be in a converted single-family home built in 1893, and any exterior alterations requiring a permit must be approved through Historic Review because it is in a Conservation District Overlay (OCD) zone. • The physical characteristics of the building including scale, setbacks, landscaping, and paving are compatible with surrounding residential uses, and changes to the subject property's exterior are not being proposed as part of this application. • The subject property was previously converted into 4 dwelling units, and the proposed use would replace the units on the ground floor. Because this is in a single-family residential zone, dwelling units converted into the proposed use would not be able to become dwelling units again. • The applicant has indicated the number of persons per workshop is restricted to 12, with occasional readings of up to 30 people that utilize both indoor and outdoor space. • The occupant load of the largest room in the building, which is used to determine the minimum off-street parking requirement, indicates an occupancy of 25 people. • To ensure traffic volumes and parking requirements remain consistent with the occupancy of the building, the Board adopted a condition that occupancy be limited to 25 people inside the portion of the building dedicated to the private group assembly use. The Board concludes that the following specific standard is met: Given that large parking lots can seriously erode the single- family residential character of these zones, the board of adjustment will carefully review any requests for parking spaces beyond the minimum required. The board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. This is based on the following findings: • Proposed uses include religious/private group assembly with the largest room having an occupancy of 25 people, and two 1-bedroom multi -family dwelling units. • The proposed uses require a minimum of 6 parking spaces. • The subject property contains 7 off-street parking spaces access from the alley at the rear of the property, all of which are existing legal nonconforming spaces; these include 6 surface spaces, and 1 space in the carriage house. • On -street parking is available nearby on one side of E. Washington Street and side of S. Summit Street. The Board concludes that the proposed use will not have significant adverse'effects,on the livability of nearby residential uses due to noise, glare from lights, late night operations, odors, and litter based on the following findings: - _ • The building is set back more than 15 feet from neighboring residential uses which provides adequate separation to help mitigate adverse effects on surrounding uses. • The subject property is in a residential zone, so it must comply with enhanced noise control requirements in Chapter 6-4 of the City Code, including a prohibition of noise disturbances across properties lines after 10:00 p.m. and generally before 6:00 a.m. • To ensure the use does not produce negative impacts relating to noise or late -night operations, the Board adopted conditions that no outdoor events occur between 10:00 p.m. and 6:00 a.m. and that amplified sound not be allowed outside. • The subject property is near residential uses in a single-family residential zone, so it is subject to enhanced outdoor light standards including height and light trespass restrictions, in addition to Low Ambient Lighting Environmental District (E1) standards, which helps prevent adverse impacts due to glare from lights. • Due to the limited extent of the proposed use, it is not anticipated that odors or litter on the subject property will exceed previous levels related to the residential uses. The Board concludes that the following specific standard is met: The building official may grant approval for the following modifications to a religious/private group assembly use, without approval from the board of adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located: (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. This is based on the following findings: • This section is not applicable because the proposed use is new. • A special exception is required. The Board concludes that if the proposed use is located in a residential zone or in the central planning district, it must comply with the multi -family site development standards as set forth in section 14-2B-6 of this title based on the following findings: • The proposed use is in a residential zone within the Central Planning District, so it must comply with the multi -family site development standards. • The existing building and site meet most multi -family site development standards, but it does not comply with standards related to the location and design of surface parking and detached garages (Section 14-2B-6C) or building materials (14-2B-6G), specifically regarding required setbacks between parking areas and adjacent properties„_screening of parking areas, screening between parking areas and ground floor windows -window and door trim, and durable base materials. • All noncompliant features are either considered elements of a non -con formirig'structure or non -conforming development, which allow a change in use provided the orange, does not increase or extend the degree of nonconformity. • No changes to the site or structure are being proposed as part of this special "exception, and any external changes requiring a permit shall be subject to a Historic Review because it is in a Conservation District Overlay (OCD) zone. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The proposed use will be in an existing converted single-family home from 1893. • The existing building and site characteristics are compatible with surrounding residential uses, and exterior changes are not proposed as part of this application. • Any future exterior changes requiring a permit must be approved through Historic Review because it is in a Conservation District Overlay (OCD) zone. • The proposed use is a nonprofit literary center with space which can be accessed by members for writing, hosting workshops or work sessions, and readings. • The proposed use is classified as private group assembly, so it is primarily intended for use by its members, it typically restricts access to the general public, and it cannot be rented out for commercial office uses or for events held by the general public which will minimize health or safety impacts.- • Staff will ensure all applicable life and safety standards are met as required through any standard building permit or rental permit processes. • The proposed nonprofit literary center would provide a unique amenity for the neighborhood and the broader community which will improve general welfare. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: • The existing building and site characteristics are compatible with surrounding residential uses, and exterior changes are not proposed as part of this application. • Because no exterior changes are proposed, the historic appearance of the property is maintained which enhances the enjoyment and property values of existing properties in the area. • Conditions as adopted will help mitigate potential negative effects on parking, noise, and hours of operation for surrounding properties. The Board concludes that establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located based on the following findings: • The surrounding area is already a fully developed residential neighborhood. • The proposed use would occupy an existing building that is set back from adjacent properties in a manner that is consistent with the character of the neighborhood. • The conditions as adopted mitigate potential effects for surrounding propertie;� w The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: The proposed use would occupy an existing building in a developed a soxaal necessary facilities are already established. _ '. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • The front of the site is accessed from E. Washington Street and the rear is accessed from an alley that enters/exits onto S. Summit Street or Muscatine Avenue. • No changes are being proposed to the street, alley, or sidewalks. • The applicant indicates that events will be limited to 12 people per session or up to 30 persons per reading. With conditions as adopted, no indoor event will be allowed to have more than 25 attendees, which will help minimize traffic impacts. • The subject property is in a pedestrian -oriented neighborhood near Downtown and is less than 300 feet from a bus line, which helps enhance non -vehicular access. • The subject property does not currently contain on -site bicycle parking and would not be required to add it unless the use was expanded. The Board adopted as a condition of approval that the subject property be brought into compliance with the minimum bicycle parking requirement to help minimize congestion issues. This would require the addition of 4 bicycle parking spaces that comply with the standards of Article 14-5A of the Zoning Code. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: • The proposed use will be in a single-family home from 1893 which was subsequently converted into four multi -family units prior to its current zoning. • The subject property meets the dimensional standards of the RNS-12 zone with the setback reductions as requested. • The property has some elements that do not meet current site development standards, but they may continue with a change of use as allowed by Article 14-4E `Nonconforming Situations' of the City Code. • With conditions as adopted, the subject property will be brought into compliance with the minimum bicycle parking standards. • No exterior changes are proposed as part of this project, but any exterior changes requiring a permit must be approved through Historic Review because the property is in a Conservation District Overlay (OCD) zone. • Staff will ensure any future changes comply with all standards during building permit or site plan review. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Comprehensive Plan Future Land Use Map shows this area as Residential (2-8 dwelling units per acre), and the Central District Plan Future Land Use -Map di -the Central District Plan shows this area as Single -Family Residential Stabilization.which,is mil intended to prevent further conversion of single-family residences to multi -fay. . - • The proposed exception would convert two existing multi -family units in a converted single-family home to an allowed institutional use that is compatible with residential uses. • The Comprehensive Plan supports exploring opportunities for new Arts and Culture venues and enhancing access by supporting nonprofits involved in arts progIwming. • The Central District Plan encourages promoting the Central District as an attractive place to live by supporting efforts of community organizations to create a Sense of identify and neighborhood pride through art. • The proposed private group assembly use is consistent with the goals of bottifhe Comprehensive and District Plans because it allows the Porch Light Literary Center to operate as an artistic cooperative while reducing the number of multi -fart ily LIM& DISPOSITON: By a vote of 4-0, the Board approved EXC23-0004, to allow a Religious/Private Group Assembly use in a Neighborhood Stabilization Residential (RNS-12) zone, and to allow side setback reductions to 15 feet and a rear setback reduction to 30 feet, for the property located at 1019 E. Washington Avenue, subject to the following conditions: 1. Occupancy shall be limited to 25 people inside the portion of the building dedicated to the private group assembly use. 2. No outdoor events shall be held between the hours of 10:00 p.m. and 6:00 a.m. 3. No exterior amplified sound shall be allowed outdoors. 4. Within 6 months of the date a decision by the Board of Adjustment is filed with the City Clerk, 4 bicycle parking spaces shall be installed on the subject property in compliance with the standards of Article 14-5A of the Zoning Code. Upon written request and for good cause shown, the Board may extend this deadline without further public hearing on the merits of the original application. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of Iowa City, Iowa. O V,( 5I/ I 1a3 Nancy Carls n, Chairperson STATE OF IOWA JOHNSON COUNTY Ap/pr�ved by: City Attorney's Office I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 101" day of May, 2023 as the same appears of record in my Office. Dated at Iowa City, this t day of 200l3 Kelli K. Fruehling, ity Clerk November 8, 2021 Board of Adjustment Meeting PRELIMINARY MEETING MINUTES ITEM 4 ON THE AGENDA July 12, 2023 Prepared by Staff MINUTES BOARD OF ADJUSTMENT FORMAL MEETING EMMA HARVAT HALL July 12, 2023 — 5:15 PM MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: CALL TO ORDER: PRELIMINARY Larry Baker, Nancy Carlson, Bryce Parker (via zoom), Mark Russo, Paula Swygard Madison Conley, Sue Dulek, Anne Russett Doug Fern, Angie Jordan The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Carlson outlining the role and purpose of the Board and the procedures that would be followed in the meeting. SPECIAL EXCEPTION ITEM EXC23-0007: An application submitted by Doug Fern of Faith Academy requesting a special exception to allow the expansion of a General Educational Facility in the Community Commercial (CC-2) zone for the property located at 1030 Cross Park Avenue. Carlson opened the public hearing. Russo noted he consulted with the City Attorney's office that he was retained by the applicant Doug Fern within the last year to design work on his house. That project is completed and there are no further obligations for either party. The City Attorney's office determined that he had no legal conflict, and he stated he can be fair and impartial about and therefore did not see it necessary to recuse himself at this point. Conley began the staff report with an aerial view of the property and the zoning map. The property is zoned CC-2 Community Commercial, and the neighboring properties are multifamily RM-44. Regarding background, Faith Academy is a private elementary school located in the back of a commercial building in Pepperwood Plaza. In 2013 there was a special exception approval for this general educational facility to serve 25 kindergarten and first graders with a condition that required another special exception if enrollment increased over 50 students and/or if an addition of 500 or more square feet was to be requested. Then in 2014 there was another special exception granted which increased enrollment and square footage of the school, and that included a condition that required another special exception if enrollment increased over that current 105 student capacity and/or if there was an addition of 500 or more square feet to the building. In 2019 there was another special exception approved to expand the square footage of the school over 500 square feet and again this included a condition that required another special exception if enrollment increased over 105 students and/or if there was an addition of 500 or more square feet. Therefore, today, Faith Academy is requesting to increase the number of students from 105 to 150 but are not proposing to expand any portion of the Board of Adjustment July 12, 2023 Page 2 of 9 building area. Conley showed pictures of the site plan for this property noting people enter this property off Broadway Street, follow a pavement marking arrow to continue down a one-way drive to the main school entrance for drop off and pick up of students utilizing the existing pedestrian walkway to enter the main entrance of the school. There is a proposed one-way "Do Not Enter" sign to be posted to help clarify traffic flow and there are some vehicular parking spaces as well as two-way traffic access from Cross Park Avenue. Conley noted there will be some proposed directional arrows to help clarify traffic flow for the property. On the west portion of the building is the church entrance and there has been some screening proposed along the east and south portion of the property. Additionally, there is a proposed expanded and relocated bike parking and there are existing pedestrian walkways that allow students and users to access the building as well as a fenced -in play area for the students to utilize during the school day. There is a neighboring commercial retail use to the west, also known as the African Market, so there are proposed pavement markings to help delineate parking spaces. To the south of the building is a paved basketball court and a second entrance to Faith Academy. The role of the Board of Adjustment 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 applicable approval criteria which includes specific standards that pertain to the waiver requested as well as the general standards for all special exceptions. First Conley reviewed the specific standards found at 14-4B-4D-9: General Educational Facilities in the CC-2 Zones. The first criteria states that the use will be functionally compatible with surrounding uses and will not inhibit retail and service uses for which the zone is primarily intended. For this the Board may consider such factors as size layout, size and scale of the development and traffic circulation. Staff findings include the school entrance is on the south side, which is located away from the commercial area of the property and the customer parking area. The school uses a one-way rear drive drop off and pickup which is in a location that does not interfere with the traffic in the commercial area. Additionally, the student drop-off and pickup times don't interfere or impact the surrounding uses and deliveries. Staff does recommend a condition to create a clear delineation between the play area and parking lot to relocate existing parking spaces in that play area to the southwest area so access to the neighboring commercial space will be maintained. Number two states that the use must provide a drop off and pickup area in a location that is convenient to or has good pedestrian access to the entrance of the facility. The drop off and pickup area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into adjacent streets or other public rights of way. Staff findings here include that a rear one-way drive is used for drop off and pickup and located east of the main entrance with pedestrian access to that main entrance. The drive total is approximately 500 feet and runs north and south along the length of the building which will provide enough stacking for more than 25 cars which will help prevent traffic spillover onto Broadway Street. Additionally, at least 30% of the students utilize Faith Academy owned transportation, which parks in the parking lot on the west side of the building and 1/3 of the students attend the boys and girls after school program which is in the suite north of the school and will contribute to less traffic at pickup. Number three states that the site must be designed to promote safe and convenient pedestrian, bicycle, and vehicle circulation to the school according to the standards set forth in subsection 14-2C-6F. Here staff findings review pedestrian walkways, bicycle parking and vehicular circulation and to start with pedestrian walkways Conley noted there are existing walkways that Board of Adjustment July 12, 2023 Page 3 of 9 connect to the main entrance and to other sidewalks. For bicycle parking there is a proposed bike rack on the site plan near the playground area, including the five required bicycle parking spaces required by code. Regarding vehicle circulation, staff recommends a condition that requires approval of a site plan which includes directional arrows for the one-way and two-way drive, delineation of the parking area from the play area, restriping of all parking spaces, and a "Do Not Enter" sign placed at the entrance of the one-way. Next, Conley reviewed the general standards for all special exceptions, found at 14-413-3A. The first states that specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. Staff finds the school has been operating at this location since 2013 with no reported health or safety issues. Additionally, the proposed expansion would allow for an enrollment increase to 150 students and will not impact the current square footage of the school. Staff is recommending a condition that future expansion of the school enrollment and/or footprint will require a special exception similar to the previous special exceptions. The second criteria is that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. Staff finds once again that Faith Academy has been in operation since 2013 and the school maintains limited hours of operation, 7:30 a.m. to 3:30 p.m., and these times do not conflict with peak commercial times in the area. The Academy does not plan to expand the building with any additions and typically places of worship and schools are seen as amenities in a neighborhood. Number three is 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. Again, staff finds that the school has been in operation for the past 10 years without impeding normal and orderly development and there is viable commercial activity in the front part of the building facing Pepperwood Plaza parking lot. The school has an entrance located on the south side of the building that faces neighboring residences and is separate from the commercial area to the north, and staff recommends a new special exception application is required if the school plans to increase square footage of the building over 500 square feet and/or expand the enrollment over the 150-student limit. The fourth criteria is that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. As this is an existing area, utilities, access roads, drainage and/or necessary facilities are already provided and will continue to be provided. Fifth is adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. Staff found that the drive is a one-way for pickup and drop off and have proposed a recommended condition to require directional arrow markings as well as a "Do Not Enter' sign to be posted to help minimize traffic congestion and clarify the traffic flow. Again, 30% of the student body does use Faith Academy owned transportation which parks in the west parking lot while the remaining portion of students utilize private vehicles through the east drive. Additionally, many students are siblings and plan to arrive together. Number six is that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception in all other respects conforms to the Board of Adjustment July 12, 2023 Page 4 of 9 applicable regulations or standards of the zone in which it is to be located. Staff has found that a site plan application will need to include as well as a landscaping plan in order to ensure that S2 screening requirements are met. Other than that, all other CC-2 zone requirements are met. Finally, number seven is the proposed exception will be consistent with the Comprehensive Plan of the City as amended. Staff has found that the Comprehensive Plan calls for neighborhood elementary schools as an integral part of a healthy, sustainable neighborhood. Schools also provide a relationship with the surrounding neighborhoods that facilitate social connections, identity, and the well-being of families whose children attend these schools. The South District Plan sees neighborhood schools, especially elementary schools, as integral to healthy, sustainable neighborhoods. Conley stated staff received one piece of correspondence in support of this application from the Good News Bible Church. Staff recommends approval of the EXC23-0007, a special exception to allow the expansion of the General Educational Facility's student enrollment from 105 to 150 students in the Community Commercial (CC-2) zone located at 1030 Cross Park Ave subject to the following conditions: 1. Submittal of a site plan that demonstrates consistency with the site plan submitted with the special exception case. The site plan shall show: • Directional arrows for the one-way and two-way drive, • Delineation between the play area and the parking area • Restriping of all parking spaces, and • A "Do Not Enter" sign added at the end of the one-way drive. 2. An enrollment of more than 150 students or an addition of more than 500 square feet of floor area will be considered an expansion of the use that requires a new special exception. Baker asked if there are any State regulations that govern the ratio between classroom size and number of students in the classroom and are there any regulations about the size of a recreational area for a school relevant to the number of students in the school. Russett is not sure what the State regulations are related to private schools, the applicant may be able to answer that. Baker noted finding number six says a site plan application must include a landscaping plan to ensure S2 screening is met, where will that screening would be and is it the same screening issue that's mentioned in the applicant's response where they are asking for a waiver of screening requirements. Conley showed the one-way drive and stated according to code it is required to have S2 screening standards in a CC-2 zone and the screening would go all the way up the whole portion of the drive to the entrance along Broadway Street. There is already some screening in the area, but it would need to meet the S2 screening requirements. Russett interjected that the waiver that's being requested by the applicant is not a decision of the Board of Adjustment, it's a waiver that's made by the Building Official. Board of Adjustment July 12, 2023 Page 5 of 9 Russo asked if the only purpose of the two-way drive was to provide access to the parking. Conley replied yes, it currently exists as a two-way, but not only does it provide access to those parking spots, but people exiting the one-way can exit through the two-way as well. Russo noted wouldn't it be safer to just all be one-way only. Conley noted this property has been operating since 2013 and it does sound like everything has been flowing correctly. Perhaps with an addition to the student capacity there might be some congestion, but staff believes with the proposed clarification of signage as well as the directional arrows that will help to mitigate some of the traffic congestion. Russett added the width of the drive meets the minimum standard for a two-way drive. Carlson noted information regarding the special exception is to be sent out to the appropriate people within 250 feet and she didn't see anything in the report noting that had been done and specifically wanted to know if the people in the African Market were informed. Conley stated there was notice sent out to the neighbors within 500 feet of the property and there was also a sign posted on the property. In terms of the African Market, staff found that the expansion of enrollment would not impede the delivery times or operation of the African Market and it has been in existence along with Faith Academy for some time. She added the delivery hours of the African Market is once a day and is not in conflict with the operation of the school, but they haven't received any correspondence from those owners. Carlson asked if a Good Neighbor Meeting was held and Conley replied no. Swygard asked regarding the portion of the paved areas used for both outdoor play and parking there is a staff recommendation of a condition to create a clear delineation between the play area and parking lot and the two parking spaces behind the African Market identified as the commercial space on the site plan be relocated to the southwest side of the building. Does that mean they are relocating two parking spaces that were previously assigned to the school to now be designated for the African Market. Russett explained that the school needs 20 parking spaces and they meet that obligation so they're not relocating the African Market parking, they will still have access to their site with the existing parking that's there. Russo asked about the African Market deliveries. Conley noted the deliveries come in from the south but the access to the market is from the north. Doug Fern (Head of School of Faith Academy) wanted to answer a few of the questions. First, in terms of governing authority to determine the ratio between student enrollment and recreational space as well as student enrollment and classroom size because it's a K-6 school they fall under City ordinances and as an elementary school there's no outside authority that states they need X amount of square footage for recreation purposes. If they were to go younger than K-6 and add in preschool, then the Department of Health and Human Services would dictate how much square footage is needed. Fern added they do not intend to add preschool. Part of the reason they are increasing enrollment is because the Iowa City School District is moving sixth grade into junior high so in the next few years they may plan to expand into junior high and serve more students going that direction, but not serving younger students. Fern next addressed the question about the one-way versus the two-way noting the City has made it pretty clear that the front access to the school needs to stay on the residential side, not Board of Adjustment July 12, 2023 Page 6 of 9 on the commercial side and the school entrance is right there where those parking spaces are. Throughout the day there'll be a number of staff who are part time or deliveries or things like that, that just need to come in and swoop out real quick but that typically does not happen around drop off and pickup times. Additionally, that two-way drive keeps people from having to drive all the way down the alley during the normal working hours of the day. Fern also pointed out there's parking all along that building that is slanted back towards the one-way and staff will use those spaces throughout the day as well. Regarding the screening, he stated they see the school as being a vital part of the neighborhood and a blessing to the community. Last year they raised about $150,000 to put a significant playground there to bless the community with that can be used on the weekend and the evenings. Their concern with the screening was they just don't want to put anything in that would make it feel like that wasn't a welcome space for the neighborhood. Before they bought the building it would have been the South Neighborhood District Association to clean up all the screening that was along Broadway, it was overgrown and uninviting. It has been cleaned up and some new plantings are there now, a lot of work went into beautify the neighborhood from that Association and he would hate to undo that with just haphazard screening that is going to not look nice. He stated they were going to be asking for a waiver of the screening from Cross Park all the way to the entrance on the north side, but staff came back with a recommendation that they just limit the screen waiver which he thinks is feasible noting the concern is that while there's some really nice beds that have been planted there obviously during the winter they don't provide any screening. Baker initially had no problem with the play area being screened but understands the concern about screening off the visibility of the actual mural which is a vast improvement visually in that area. Carlson stated is appears they are planning to screen where the cars are parked and a very small area between the playground and the two-way drive. The playground area will still be visible from the street and is enclosed by a chain link fence with a gate. Fern confirmed that is the staff recommendation and they agree. Fern also stated that Southgate, the owners of the property immediately to the west, have completely redone the whole back area there and turned it into some long-term storage. There is a lot more traffic and now on the backside so maybe the concern with parking in the play area is greatly reduced as there's not as much traffic coming in and out of that back area as there once was. Swygard asked with the expanded number of students, they currently have 10 classrooms, how many classrooms will they expand to with the additional students. Fern explained they don't currently have 10 classrooms; this fall they are planning on serving eight classrooms but this plan will allow them to expand K — 811 grade in the future if they need to. Swygard asks this because the number of parking spaces is tied to the number of classrooms. Fern agreed and stated currently they've exceeded the number of parking spaces required based on the number of classrooms. He pointed out there's a bunch of unaccounted for parking spaces on the far east side of the building so there is ample parking. Board of Adjustment July 12, 2023 Page 7 of 9 Swygard noted staff mentioned that they have to expand bike parking, how much bike parking do they have. Fern replied currently they have one bike rack, but they're going to put a little concrete pad up by the two-way drive put in the requirement of five. Baker stated they use the rationale of parking and traffic that a lot of the student body is related so the number of anticipated vehicles would be diminished, do they actually have the data about how many are siblings within the school now. Fern stated at this time of year enrollment is a moving target so it's hard to give a definitive number today on what it will be in the fall. Even after school starts they have changes, students add, students leave, it's the nature of the school. Baker noted they are asking for an increase of 50, do they have any idea of how long it will take to reach that number. Fern doesn't think it will take very long. The majority of the students that they serve are immigrant families and increase in enrollment has been through word of mouth, they've hardly done any advertising at all. What they have seen in the last couple of years are extended waiting lists and having to say no to students. Part of the reason is because if a parent wants to enroll their kindergartener and they also have a fourth -grade student, but they don't have room in the fourth -grade class, they've just had to say no to two students. Therefore, their enrollment number has always been around the 90 to 100 mark. If they make this decision to increase to junior high, they anticipate there'll be less families that will have to make a decision to send their five year old to this school and their 11 or 12 year old to this another school, this will be able to keep families together for a longer period of time. Currently for this year their enrollment is already at the 105 mark, without adding seventh or eighth grade, so they anticipate that as they add junior high there'll be more families that will choose to send their students to Faith Academy because they'll be able to serve them longer. Baker noted if they can accommodate the increase in students without increasing space, at what number do they have to increase space and do they have the capacity to expand space within the building that doesn't involve actual building additional space. Fern replied fairly soon after the 150 mark they will need to expand. They do have the option to build out in the space, there's a good chunk of the space right now that's just a shell and they could go in and build. About two years ago they built out some of that shell to accommodate some of the growth and there's still room for more. Angie Jordan (Executive Director of South of 6 Business District; President of South District Neighborhood Association) states she has been a resident in the south district for the past eight years and has worked in that area for the past 15 years. She just wanted to echo everything that's already been said, as a resident especially, supporting this application. Faith Academy has been huge in Iowa City's plan about connecting schools, and it is the example of what every school should be doing. Additionally, there's so many residents that do not attend that school, and families on the weekends and evenings, that use that playground area. She is glad Faith Academy is asking for a waiver for screening that doesn't block the mural or the visibility of the playground. If people can't see the playground, it doesn't feel like they're welcome, no matter how green and lush it looks. Also, the mural and the landscaping that's there was six years of work and over $20,000 of fundraising by the neighborhood to create, so again she hopes it doesn't get blocked off. Carlson closed the public hearing. Board of Adjustment July 12, 2023 Page 8 of 9 Baker moved approval of of the EXC23-0007, a special exception to allow the expansion of the General Educational Facility's student enrollment from 105 to 150 students in the Community Commercial (CC-2) zone located at 1030 Cross Park Ave subject to the following conditions: 1. Submittal of a site plan that demonstrates consistency with the site plan submitted with the special exception case. The site plan shall show: • Directional arrows for the one-way and two-way drive, • Delineation between the play area and the parking area • Restriping of all parking spaces, and • A "Do Not Enter" sign added at the end of the one-way drive. 2. An enrollment of more than 150 students or an addition of more than 500 square feet of floor area will be considered an expansion of the use that requires a new special exception. Swygard seconded the motion. Baker thinks it's a good improvement of the neighborhood and to an existing operation. He would encourage them to seek that waiver on screening and he enthusiastically supports this. Carlson noted it's exciting to see a project like this come before the Board and wishes them luck. Russo stated regarding agenda item EXC23-0007 he does concur with the findings set forth in the staff report of meeting date, July 12, 2023 and concludes that the general and specific criteria are satisfied, so unless amended or opposed by another Board member he recommends that the Board adopt the findings in the staff report for the approval of this exception. Baker seconded the findings. A vote was taken and the motion passed 5-0. Carlson 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 JUNE 14, 2023 MINUTES: Baker moved to approve the minutes of June 14, 2023. Swygard seconded. A vote was taken and the motion carried 5-0. -10711:U7_1011[fill k,[a]4 LIJ14kI III V ►t7T ADJOURNMENT: Russo moved to adjourn this meeting, Swygard seconded, a vote was taken and all approved Board of Adjustment July 12, 2023 Page 9 of 9 BOARD OF ADJUSTMENT ATTENDANCE RECORD 2023 NAME TERM EXP. 3/8 4/12 4/19 5/10 6/14 7/12 BAKER, LARRY 12/31/2027 X X O/E X X X PARKER, BRYCE 12/31/2024 X X O/E X X X SWYGARD, PAULA 12/31/2023 X X X X X X CARLSON, NANCY 12/31/2025 X X X X X X RUSSO, MARK 12/31/2026 X Key: X = Present O = Absent O/E = Absent/Excused -- -- = Not a Member The following documents were handed out during the meeting. Board of Adjustment City of Iowa City November 8, 2023 A NDS 1 ,r Agenda Item 3a: Special Exception CITY 01 IOWA CITY EXC23-0008: An application submitted by Missie Forbes of Community Coordinated Child Care (4Cs) requesting a special exception to allow a daycare use in a Low Density Single -Family Residential . CITY OF a35Mi R55 RS5 An application submitted by 4Cs requesting a special exception _ for a daycare use in a Low- _ Density Single Family M'.',..' `�' �\ •. Residential Zone (RS-S). Background ,r CITY OF IOWA CITY • 4Cs has an offer to purchase the subject property at 1839 B Street for use as a daycare for up to 120 children • The property was built c. 1960 as a church and has been used as a fraternal lodge by the Independent Order of Odd Fellows since 1974 • The property was developed prior to its current zoning designation of Low Density Single Family Residential (RS-5), so there are several legal nonconformities • The applicant is also proposing several site improvements: • Converting the existing drive to be one -directional • Adding a pedestrian connection through the site • Adding some landscaping buffers to parking areas north of the alley • Adding a new parking area and outdoor play area south of the alley `EP'xa^.E / ONE �. / AMEMENTMARNIND / EnlsrxG pox coxF TASIEl PAVS E,Is AS / LGPGIX6 FTC TG TIE Ex EIMI ROPTHEED r S CESETEA0 P MISED GURB oAAL AN. - \ PAUTMENi G NOT ENTEER) ENT - `\ILEFi151GN4GE LOS= PROPOSE ...All TOTNES STa ND IT EAx SET IF s' "P.l ° \ w,DNEMAN v .� e STREET vaovoseD SLaErrLaEEs `D \ ENorvT SETsurc - t APPRQXI M LPFULTIIlL S SIDE 6EL9ncK r / IREAnno NPcc �/ SLOOP LOREMVHO / -BE.EO UINSp3wG O THE ISSTANDARD x uxlT AP OTO M(`uATjyAxEEuSEa THIN // -- IX6LINGSTODREMAIN "DUU e�fi / PROPOSED PAVEMENT W.RKNGE SASED ON 1 I 1 Ex5TN0 N.NLO.F0R.N. SPA<ES!TVPi / to urvounvE BUFFER PDIaAP,IINS - /l Y ti/ n PRo IF / THE EwaoscAPE TO THE Ei srnxona0 /— / ry .P o / MEmEp MwMxs lry I C, x A x vIn. APE / reNsv / i `coxvv—I l / 44 - EXISTING PAVEMENT / I. REMAN y PROSOEEO—..APE ➢ TO HEsz STANDARD m .RNFx MARKINGS \ 1 PuoPOscor.ucr / / REconsrRLcrlax PROPOSED LANDECIRPE TO THE 31STANDARD SR ILEY \ ` RECOxsLNL \ mVIPMExN ExlExls III I \\\ TIN O TIE S STINDIRDE 1 \ I A TALL DIPOLE FENCE PROPOSED 1 / EOWIMENL EXTENTS III KMl / SICE.. PASIND , o a ! q 1.1w, F slk `'ypy p 'u t ,y e a�sas'�r a i d �7 I AM eJAMM 5 h l ,r Role of the Board of Adjustment CITY OFIOWACITY • The Board of Adjustment is charged with approving, approving with conditions, or denying the application based on the facts presented. • To approve the special exception, the Board must find that it meets all applicable approval criteria: • Specific Standards pertaining to the waiver requested • General Standards for all Special Exceptions Specific Standards 14-4B-4D-7: Daycare Uses ,r CITY OF IOWA CITY Specific Standards a. Required Interior Activity Areas: Child daycare centers must contain at least thirty five (35) square feet of usable interior floor space per child... Reception areas, kitchens, storage areas, offices, bathrooms, hallways, treatment rooms, and specialized areas used for therapy are excluded when calculating the required floor area. The dining area may only be included in the square footage calculation if used by daycare participants for activities other than meals... a. Required Interior Activity Areas: Child daycare centers must contain at least thirty-five (35) square feet of usable interior floor space per child... Findings: • The subject property has —7,785 square feet of usable interior floor space which could accommodate up to 222 children • The applicant proposes using the subject property for a daycare use with 120 children • The proposed use is well below the maximum allowed based on the usable interior floor space Specific Standards b. Required Outdoor Areas: Child daycare uses must provide a fenced outdoor play area of not less than one hundred (100) square feet per child based on the maximum number of children that will be using the outdoor play area at any given time. The outdoor play area must meet the following standards: (1) Playground equipment is not permitted within the front and side setbacks. (2) Outdoor play areas must be well drained, free from hazards, and readily accessible to the daycare center. In residential zones, outdoor play areas must be completely enclosed by a fence at least four feet (4) in height... b. Required Outdoor Areas: Child daycare uses must provide a fenced outdoor play area of not less than one hundred (100) square feet per child based on the maximum number of children that will be using the outdoor play area at any given time... Findings: • The subject property is zoned Low Density Single -Family Residential (RS-5) • All playground equipment is located outside of front and side setback areas • The site plan includes an outdoor play area of —2,156 square feet which can accommodate up to 21 children at one time • The outdoor play area is enclosed by a 4-foot-tall fence, is free from hazards, and is accessible by a pedestrian path with a demarcated crossing over the alley • The subject property is within easy walking distance of Chadek Green Park Specific Standards c. Vehicular Circulation: The use must provide a drop off/pick up area in a location that is convenient to or has good pedestrian access to the entrance to the facility. This drop off/pick up area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into adjacent streets or other public rights of way... To promote safe vehicular circulation, one-way drives are encouraged. c. Vehicular Circulation: The use must provide a drop off/pick up area in a location that is convenient to or has good pedestrian access to the entrance to the facility... Findings: • Most traffic is expected to flow in one direction • Enter the property from B St., continue south, and exit through the alley to 5th Ave. • The alley is unimproved, so staff recommends a condition that 4Cs improve the alley from the property to 5th Ave. prior to occupancy (adjacent property owners are responsible for ongoing maintenance like snow) • The subject property has 29 parking spaces • 15 spaces south of the alley • 9 existing nonconforming spaces just north of the alley • 5 existing nonconforming spaces in front of the building. • The site has 7 stacking spaces west of the building on a 9-foot wide, one direction drive. • All parking and stacking spaces are connected to the building with pedestrian routes. c. Vehicular Circulation: The use must provide a drop off/pick up area in a location that is convenient to or has good pedestrian access to the entrance to the facility... continued Findings: • Minimum parking requirement for daycare uses • +1 space per employee based on max. employees onsite at 1 time; • +1 space for each 10 children served based on max. children onsite at 1 time; • +1 stacking space foreach 20 children served based on max. children onsite at 1 time. • Stacking and parking spaces are adequate to accommodate 120 children and 17 staff members; however, the final number spaces will be determined by staff -to -children ratios which could vary over time • The applicant anticipates that many families and staff will access the site by walking, biking, or bus; the property is <1/4 mile (5-minute walk) from the nearest transit stop • The site plan shows bicycle parking that meets the minimum requirement of 4 spaces d. Pedestrian Circulation: A sidewalk must be constructed connecting the main entrance of the center to the adjacent public right of way. Pedestrian access must be clearly separated ... from vehicular circulation areas to minimize the extent to which users ... are required to walk across drives or aisles to gain access to the daycare center. Findings: • The subject property has a sidewalk from the main entrance to the public right of way • There is currently no sidewalk along the B Street right of way near the subject property • The site plan proposes new sidewalks with raised curbs through the property along the west and south sides of the building that help minimize the extent to which users must walk across drives or aisles • Staff recommends a condition that any new pedestrian routes through the site have a raised curb to help ensure pedestrian safety e. Site Development Standards: If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi -family site development standards as set forth in section 14- 213-6 of this title. Daycare facilities that are accessory uses are exempt from this provision. Findings: • The proposed use is in a residential zone in the Central Planning District, so it must comply with the multi -family site development standards • The building and site meet some multi -family site development standards but do not comply with standards related to: • The location and design of surface parking; • Mechanical equipment; and • Additional standards in the Central Planning District • All existing noncompliant features are either considered elements of a non- conforming structure or non -conforming development, which allow a change in use provided the change does not increase or extend the nonconformity • All changes to the site being proposed as part of this special exception do not increase or extend the degree of non -conformities on the site, and new site elements comply with current zoning requirements General Standards 14-413-3: Special Exception Review Requirements. ,r CITY OF IOWA CITY 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare Findings: • The existing building and site characteristics are well suited to a daycare use • Potential negative impacts due to increased traffic are mitigated as discussed below • The proposed use will provide services that are beneficial to the neighborhood 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood Findings: • The proposed daycare use will primarily be in an existing building • Outdoor play areas are relatively small and set back and screened from adjacent properties which will help mitigate noise impacts • Additional traffic is likely to be generated by the proposed use during business hours • The proposed traffic flow, site layout, and recommended conditions will mitigate potential negative impacts • New parking areas south of the alley are adequately set back and screened from abutting uses • Staff recommends this new S2 screening be required along the property lines of existing parking areas as a condition of approval in line with current zoning standards 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 a fully developed residential neighborhood • The proposed use will occupy an existing structure that has been in the neighborhood since 1960 • It will provide beneficial services that will not substantially impact the development or improvement of surrounding property • Conditions help mitigate potential negative effects for surrounding properties 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided Findings: • All utilities, access roads, and necessary facilities are already established • This neighborhood was largely developed without sidewalks, but there is a pedestrian connection to the right of way and through the site • Conditions help ensure infrastructure can handle an increase in traffic volumes • Any changes to the site features will be evaluated for compliance with City standards at site plan and building permit review, including standards regarding drainage 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets Findings: • The front is accessed from B Street and the rear is accessed from an alley that enters/exits onto Garden St. and 5th Ave. • Most traffic is expected to flow in one direction through the site from B Street, continuing south through the property, and exiting east through the alley towards 5th Ave. • Some staff and drop off traffic will utilize the alley to access additional parking spaces in the rear of the building which are connected with a pedestrian route and demarcated alley crossing • Signage and pavement markings will help direct traffic • Conditions will ensure the alley can handle anticipated traffic volumes prior to occupancy of the site 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets, continued Findings: • No changes are proposed to the existing street or drive on the portion of the property north of the alley, other than adding a pedestrian route through the site and new landscaped buffers • New parking on the portion of the property south of the alley complies with all current standards • The applicant anticipates that many families and staff will access the site by walking, biking, or bus • The subject property is <1/4 mile (5-minute walk) from the nearest transit stop and provides bicycle parking 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 subject property meets most standards of the RS-5 zone • Elements that do not meet current standards may continue as legal non - conformities • Some elements of the site will be brought into compliance with current standards due to proposed conditions, such as new landscaping buffers along property lines • Staff will ensure all new elements and any future changes comply with relevant standards during building permit and site plan review 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended Findings: • Future Land Use Designations: • Comprehensive Plan: Residential (2-8 dwelling units per acre) • Central District Plan: Private Institutional. • The Comprehensive Plan generally supports providing goods and services within convenient walking distance for residents in the immediate area • The proposed exception would convert a religious/private group assemble use to a daycare use, both of which are classified as private institutional uses • This is consistent with the City's Comprehensive Plan ,r Staff Recommendation CITY OFIOWACITY Staff recommends approval of EXC23-0008 to allow a daycare use in a Low Density Single -Family Residential (RS-5) zone for the property located at 1839 B Street, subject to the following conditions: 1. Design improvements to the alley from the area abutting the subject property to 5t" Avenue in the east, in addition to any pedestrian crossings, to the satisfaction of the City Engineer prior to site plan approval. Alley improvements must be accepted by the City Engineer prior to issuance of a Certificate of Occupancy. 2. Provide screening to the S2 standard between parking areas and adjacent properties along the east and west property lines as shown in the site plan dated October 31, 2023. 3. Any new pedestrian routes through the site that directly abut parking areas shall be separated by a raised curb or barrier that is a minimum of five (5") in height. ,r Agenda Item 3b: Condition Deadline ..N T. Extension CITY OF IOWA CITY EXC23-0004: A request submitted by Jennifer Colville (Porch Light Literary Centre) to extend the deadline for the condition that 4 bicycle parking spaces be installed in compliance with Article 14- 5A of the Zoning Code within 6 months of the date a decision of the Board of Adjustment was filed for EXC23-0004, a special exception approved to allow a religious/private group assembly use in a Neighborhood Stabilization Residential (RNS-12) zone and to reduce the setback requirements at 1019 E. Washington Street. Background i r � N`� CITY OF IOWA CITY • 1019 E. Washington St. was built as a single-family home (-1893) but was converted to 4x1-bedroom multi -family units by the 1970s • Property was zoned Neighborhood Stabilization Residential (RNS-12) in 2000 to help stabilize the existing residential neighborhood • Property was zoned Conservation District Overlay (OCD) in 2003 • Included as a contributing structure in the College Hill Conservation District • An OCD zone means that any material changes to exterior features which require a permit • The nonprofit Porch Light Literary Center purchased the property in 2021 to use the building as follows: • Meeting space for literary events and facilities on the first floor as the home of the Porch Light Literary Center which is classified as a private group assembly use and requires a special exception in an RNS-12 zone (the 2 dwelling units converted may not be converted back into a multi -family use) • The multi -family use on the second story will be retained (no exception required) � `$^� «?:� . ���¥�: - y �v� � � \� � ©� «� �w� » r.� 7l 2� 2\° (� yy6.: (�`� /� K\\:• �\� � \\ Board Decision ,r CITY OF IOWA CITY On May 10, 2023, the Board of Adjustment approved EXC23-0004, to allow a Religious/Private Group Assembly use in a Neighborhood Stabilization Residential (RNS-12) zone, and to allow side setback reductions to 15 feet and a rear setback reduction to 30 feet, for the property located at 1019 E. Washington Avenue, subject to the following conditions: ,r Staff Recommendation CITY OFIOWACITY 1. No more than 25 persons may attend an event that is held inside the portion of the building dedicated to the private group assembly use. 2. No outdoor events shall be held between the hours of 10.00 p.m. and 6.00 a.m. 3. No exterior amplified sound shall be allowed outdoors. 4. Within 6 months of the date a decision by the Board of Adjustment is filed with the City Clerk, 4 bicycle parking spaces shall be installed on the subject property in compliance with the standards of Article 14-5A of the Zoning Code. Upon written reauest and for aood cause shown. the Board may extend this deadline without further public hearina on the merits of the original application. i Board of Adjustment Next Meeting: f 9 1 December 13, 2023 674a NDS 1