Loading...
HomeMy WebLinkAbout2023-11-16 Info Packet � r rrr®��� City Council Information Packet CITY OF 10"IA CITY November 16, 2023 Council Tentative Meeting Schedule IP1. Council Tentative Meeting Schedule November 21 Work Session IP2. Work Session Agenda IP3. Pending City Council Work Session Topics Miscellaneous IP4. Memo from Deputy City Manager: 2024 Legislative Priorities Development IP5. Civil Service Examination: Mass Transit Operator IP6. Civil Service Examination: Parts/Data Entry Clerk - Transit Draft Minutes IP7. Board of Adjustment: November 8 November 16, 2023 City of Iowa City Item Number: IP1. CITY OF IOWA CITY COUNCIL ACTION REPORT November 16, 2023 Council Tentative Meeting Schedule Attachments: Council Tentative Meeting Schedule City Council Tentative Meeting Schedule nil Subject to change CITY OF IOWA CITY November 16,2023 Date Time Meeting Location Tuesday, November 21,2023 4:00 PM Special Formal City Hall,Emma J. Harvat Hall Work Session 410 E.Washington Street 6:00 PM Formal Meeting Tuesday, December 12,2023 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,January 2,2024 B:OOAM Special Formal City Hall,Emma J. Harvat Hall Organizational Meeting 410 E.Washington Street Tuesday,January 2,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,January 16,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Saturday,January 20,2024 8:00 AM Budget Work Session City Hall,Emma J. Harvat Hall 410 E.Washington Street Monday,January 22,2024 4:30 PM Joint Entities Meeting City Hall,Council Chambers Hosted by the City of Coralville 1512 7th Street Wednesday,January 24,2024 2:00 PM Budget Work Session(CIP) City Hall,Emma J. Harvat Hall 410 E.Washington Street Tuesday, February 6,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday, February 20,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday, March 19,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,April 2,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,April 16,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday, May 7,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday, May 21,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,June 4,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,June 18,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,July 16,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,August 6,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,August 20,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,September 3,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,September 17,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,October 1,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday,October 15,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Monday, November 4,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday, November 19,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Tuesday, December 10,2024 4:00 PM Work Session City Hall,Emma J. Harvat Hall 6:00 PM Formal Meeting 410 E.Washington Street Item Number: IP2. CITY OF IOWA CITY COUNCIL ACTION REPORT November 16, 2023 Work Session Agenda Attachments: Work Session Agenda Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356-5041 If you will need disability-related accommodations in order to participate in this program/event, please contact Kellie Grace at 319-356-5041, kgrace@iowa- city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Iowa City City Council - Work Session Agenda Work Session November 21, 2023 - 4:00 PM CITY OF IOWA CITY Emma J. Harvat Hall 410 E. Washington Street www.icgov.org City of Iowa City Land Acknowledgment can be found at: icgov.org/landacknowledgement Meeting Rules can be found at: icgov.org/meetingrules You can watch the meeting on cable channel 4 (118.2 QAM) in Iowa City, University Heights and Coralville, or you can watch it online at any of the following websites: • httos://citvchannel4.com/live • https://www.youtube.com/user/citychannel41live • https://facebook.com/CityoflowaCity Following the 4:00 PM Special Formal Meeting 1. Clarification of Agenda Items 2. Information Packet Discussion [November 9, November 16] 3. University of Iowa Student Government (USG) Updates 4. Council updates on assigned boards, commissions, and committees Item Number: IP3. CITY OF IOWA CITY COUNCIL ACTION REPORT November 16, 2023 Pending City Council Work Session Topics Attachments: Pending City Council Work Session Topics j � 1 CITY OF IOWA CITY UNESCO CITY OF LITERATURE PENDING CITY COUNCIL WORK SESSION TOPICS November 15, 2023 FY23-24 Strategic Plan Action Item Topics Requiring Council Discussion: • Explore legal steps to discourage or prevent bad faith and predatory property investors • Initiate a Comprehensive Plan update and subsequent Zoning Code review to more broadly incorporate form-based principles with emphasis on growth areas first and infill areas next,expanded missing middle housing allowances, minimum density requirements,and streamlined approval processes(Suggested Joint Meeting with Planning and Zoning Commission) • Advance prioritized recommendations in the 2022 Affordable Housing Action Plan.Work with partners to undertake significant-scale affordable housing efforts • Develop a vision statement for a singular regional transit system with metro Johnson County entities and obtain initial commitments to study a regional system from each entity's elected officials • Evaluate with the State of Iowa reverting Dodge and Governor to 2-way streets Other Topics: • Quarterly American Rescue Plan Act(ARPA-SLRF)update • Consider a strategic plan decision-making framework • Develop strategies to address equity gaps noted in the Parks Master Plan and plan for the equitable distribution of destination parks within an easy and safe distance of all residents. • Review of Chauncey and RISE processes to inform future 21 S.Linn plans (tentatively planned for December 12) • Discussion on the impact of land use decisions on long-term City financial health • Discussion on City Charter Note:Some items on the Pending List may require staffresearch and information gathering prior to scheduling. Item Number: IP4. CITY OF IOWA CITY COUNCIL ACTION REPORT November 16, 2023 Memo from Deputy City Manager: 2024 Legislative Priorities Development Attachments: Memo from Deputy City Manager: 2024 Legislative Priorities Development CITY OF IOWA CITY 41.w-- MEMORANDUM Date: November 15, 2023 To: Mayor and City Council From: Redmond Jones II, Deputy City Manager Re: 2024 State Legislative Priorities Development Prior to the start of each State of Iowa legislative session, the City Council traditionally adopts legislative priorities and communicates the City's positions to our elected delegation. The 2024 State of Iowa legislative session marks the second year of the 90th General Assembly. As you are aware it is anticipated to commence on January 8, 2024. Several local government-related issues including, but not limited to, continued discussions regarding further property tax reform, tax increment financing, and benefit enhancements to the municipal fire and police retirement systems, are forecasted to be on the agenda for the next session. This memorandum seeks to update our previously adopted legislative priorities for City Council consideration. The City Council will have an opportunity to comment on these or other priorities at your November 21, 2023, meeting. Staff will aim to present a final resolution of the 2024 legislative priorities at your December 12, 2023, meeting. Strategic Plan Value: Climate Action. Support for Climate Action Initiatives Support initiatives and legislation that further the goals contained in Iowa City's Climate Action and Adaptation Plan and Accelerating Iowa City Climate Actions report. Iowa City encourages the State to adopt the 2021 International Energy Conservation Code and provide cities the ability to make local amendments. The city also encourages the state to initiate a statewide climate action plan and invest directly in environmental and ecological efforts that will support all Iowans. Support legislative changes to allow investor-owned utilities (such as MidAmerican)to implement community solar projects. Also known as "Virtual Net Metering" this allows citizens to buy into community solar projects for utility bill credits. This could be an excellent solution for interested rate users who don't have space, ownership, or sunshine for their own solar installation. Continue Resource Enhancement and Protection (REAP) funding. The REAP grant program has been critical for the improvements and protection of Iowa City's natural resources, park areas, and open spaces. In the 2021 Session, REAP was re-authorized to receive $20 million in funding until Fiscal Year 2026. However, the state legislature has historically appropriated less. For FY 2022, FY 2023, and FY 2024, REAP was appropriated $12 million. The city encourages the State to continue supporting REAP annually and to increase the FY 2025 annual appropriation to ensure the continued conservation of Iowa's natural resources. Strategic Plan Value: Advance social justice, racial equity, and human rights. Support legislation protecting the rights of manufactured housing residents. Recent sales of manufactured housing communities statewide and the resulting impact on those communities have led to discussions at both the state and local levels regarding how best to protect the rights of the families living in these communities. The November 15, 2023 Page 2 City of Iowa City supports rights for the residents of manufactured housing which include rent protections including a statewide cap on frequency and percentage of increases and lengthened notice periods for proposed increases, uniform good cause eviction statewide standards, fair fee regulations including standardized time frames for assessing late fees, and fair lease provisions and effective enforcement mechanisms to combat illegal provisions. Additionally, when manufactured housing communities are put up for sale, residents should be offered the first right of purchase and be protected from premature eviction during the pursuit of local ownership. If displacement is forced as a last resort, the owners profiting from the sale of the park must be required to provide fair relocation assistance. The city also encourages the State to consider a tax credit program that incentivizes the transfer/sale of land to residents of the community, allowing them to build equity, and protects against"bad-actor" ownership. During the 2021 state legislative session, the City of Iowa City registered in support of several bills, which addressed many of these issues. Iowa City continues to support the protections for manufactured housing residents outlined in this bill and encourages the State to adopt such legislation. This legislation has not been refiled this general assembly. We advocate movement to refile next session. Continue the use of federal funding to support residents and businesses in recovery from the COVID-19 pandemic. Cities across Iowa are experiencing severe economic impacts due to the COVID-19 pandemic. Direct and flexible funding allocations to cities are essential to ensuring local needs are addressed adequately through locally viable and effective solutions. Iowa City encourages the State to continue investing available American Rescue Plan Act dollars and other federal funding in local municipalities to support Iowa residents and businesses in recovering from the COVID-19 pandemic. Support reform measures to reduce racial disparity in the criminal justice system and address systemic racism. In the state of Iowa, black people and persons of color represent a small percentage of the population but are significantly overrepresented in the criminal justice system. Discriminatory criminal justice policies and disparate enforcement outcomes should be addressed through state-standardized and streamlined data collection for traffic stops, uniform minimum implicit bias and cultural competency training requirements for law enforcement, and decriminalization of small amounts of marijuana. Iowa City supports the recommendations issued by the Governor's FOCUS Committee on Criminal Justice Reform to promote unbiased policing, which include requiring and automating data collection on race/ethnicity from traffic stops and adopting a statutory ban on disparate treatment in law enforcement activities. Additionally, the City requests the State conduct a statewide review of community police review boards and corresponding legislative policies to ensure these bodies have adequate oversight powers. Law enforcement agencies also need expanded legal avenues for addressing hate related acts. Currently, the State Hate Crimes provision, Iowa Code Chapter 729A, enhances the penalty for certain crimes when they are committed because of a person's race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age or disability, but harassment and trespass with the intent to harass are not included as enforceable offenses. Iowa City encourages the State to amend the existing Iowa hate crimes law to include harassment as an enhanceable offense. Reinstate Voter Approved Public Library Levies. 97 communities in Iowa, including Iowa City, have a special library levy in place as part of their public library funding structure, which provides direct allocation of tax revenues to library budgets. These levies were supported by public votes. The loss of the library levies resulting from recent legislation (HF781) means that resources, that were November 15, 2023 Page 3 formerly allocated specifically for libraries, are no longer available to support voter- backed services. Iowa City advocates for reinstating voter-backed levies that were eliminated with the 2023 property tax reform legislation. After returning to their home districts several proponents of this legislation have expressed a change in position; thus, appearing to open this debate for new legislation in the next session. Protect and Support the Freedom of Movement for People using Local Public Transit. Thousands of Iowans depend on public transportation for work, education, healthcare, and many more daily needs. Currently, state law prohibits cities from enacting common sense safety protections for riders and drivers, such as weapon prohibitions. The city requests that the State allow public transportation providers the ability to restrict the open carrying of weapons while utilizing services. Current law would require scanning people and providing an armed guard on a bus to allow a weapon ban on public property. The high cost of such provisions makes it impractical to provide common sense safety protections for users of public transportation. Strategic Plan Value: Partnerships and Engagement. Support the University of Iowa Student Government(USG) proposal regarding rental property move-in checklists. HF 305 was introduced in the 2023 Iowa legislative session, which would require landlords to provide and use an inventory checklist at the start and end of a tenancy and included a process for implementation. Important requirements that protect tenants against unfair withholdings of rental deposits are detailed in the bill, including a list of required items to be included on the checklist, a file retention period, and a requirement for landlords to provide a copy of this documentation to tenants. Iowa City registered in support of this proposal. With University of Iowa students representing a significant portion of rental tenants in Iowa City, the University's student government has advocated for these protections. Iowa City stands with USG in encouraging the State to pursue rental property move-in checklists. This legislation passed through the House but was held up in the Senate. We hope to see movement next session. Support the continued excellence of the State's primary, secondary, and higher education institutions and advocate for additional education funding. Iowa's primary and secondary schools are fundamental drivers of the State's economic growth, standard of living, and future prosperity. It is essential for the success of the State and our local communities that support for our schools is a top priority in the State's budget and funding is responsive to COVID-19 impacts. The city also encourages the State to expand access, affordability, and quality of early childhood education and care. Specifically, the City supports increased reimbursement rates for Child Care Assistance (CCA) providers, to ensure families with parents who wish to enter the workforce can find and afford quality childcare The University of Iowa plays a critical role in supporting statewide economic, social, and cultural growth. It is important the State of Iowa provides the university with the needed resources to ensure the university's continued ability to facilitate growth opportunities in varied sectors of the business community. Likewise, community colleges play an important role in ensuring the continued competitiveness and inclusivity of the state's economy. The City encourages the State to carefully consider and support the legislative and financial priorities of the University of Iowa and Kirkwood Community College. Protect Home Rule authority for local governments. Local governments are uniquely positioned to respond to the needs and priorities of our residents and taxpayers. Cities innovate in response to local conditions and implement November 15, 2023 Page a new ideas that can benefit the State as a whole, and more closely reflect the priorities of the public we serve. This includes local flexibility in local building codes, revenue options, and land use decisions. Support the legislative efforts of the Iowa League of Cities and the Metro Coalition In previous years, the City Council's adopted priorities included support for legislative efforts of the Iowa League of Cities and Metropolitan Coalition, an organization comprised of the State's largest cities. The 2023 legislative priorities will continue this practice. Item Number: IP5. CITY OF OF IOWA CITY COUNCIL ACTION REPORT November 16, 2023 Civil Service Examination: Mass Transit Operator Attachments: Civil Service Examination: Mass Transit Operator + r , CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.i cgov.org October 31, 2023 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Mass Transit Operator Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Mass Transit Operator. John Rushton Iowa City Civil Service Commission ick W ss, Chair Item Number: IP6. CITY OF OF IOWA CITY COUNCIL ACTION REPORT November 16, 2023 Civil Service Examination: Parts/Data Entry Clerk - Transit Attachments: Civil Service Examination: Parts/Data Entry Clerk - Transit I r , - CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 3 56-5000 (319) 356-5009 FAX www.lcgov.org October 31, 2023 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Parts ! Data Entry Clerk—Transit Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Parts t Data Entry Clerk —Transit. Justin Quimby Iowa City Civil Service Commission Rick Oyss, Chair Item Number: IP7. CITY OF IOWA CITY COUNCIL ACTION REPORT November 16, 2023 Board of Adjustment: November 8 Attachments: Board of Adjustment: November 8 MINUTES PRELIMINARY BOARD OF ADJUSTMENT FORMAL MEETING EMMA HARVAT HALL NOVEMBER 8, 2023—5:15 PM MEMBERS PRESENT: Larry Baker, Bryce Parker, Paula Swygard MEMBERS ABSENT: Nancy Carlson, Mark Russo STAFF PRESENT: Sue Dulek, Kirk Lehmann OTHERS PRESENT: Missie Forbes, Bryce Achen, Susan Eberly, Tom Braverman CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Swygard outlining the role and purpose of the Board and the procedures that would be followed in the meeting. SPECIAL EXCEPTION ITEM 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. Baker noted he has talked with Lehmann, who has talked to the City Attorney, about a possible conflict of interest on this item since his son is on the board of directors of this organization. He has been advised that as long as Baker can be objective and impartial it should not be a problem. Additionally, Baker and his son have had no communication whatsoever about this issue. Swygard opened the public hearing. Lehmann began the staff report showing a location map of the area and stated this application is to allow a childcare use at 1839 B Street. It's located east of Seventh Avenue and south of Court Street near Chadek Green Park. The primary access to the property is from B Street, which is to the north of the property. Lehmann noted it's also a bit unusual in that there's an alley to the south that exits on the Fifth Avenue and Garden Street and bisects this property, so there's a portion of the lot that's north of the alley and a portion that is south of the alley. The property is in a lower density single family neighborhood which is reflected by its RS-5 zoning (Low-Density Single-Family Residential zoning). Community Coordinated Child Care (4Cs) has an offer to purchase the subject property to use as a daycare and they've indicated an interest in using it for up to 120 children. The property is an older property built around the 1960s as a church, but it's been used as a fraternal lodge by the Independent Order of Odd Fellows since around 1974. The property was built prior to its current zoning so there are several legal non- conformities that are allowed to continue as long as the building isn't expanded or structurally altered. The applicant is proposing several site improvements. Vehicular access will be the Board of Adjustment November 8,2023 Page 2 of 11 same on the north portion but one of the big changes is that the drives to the west of the building would become one directional so someone would enter it from B Street and go south down to the alley. Another change is that a pedestrian connection would be added through the site all the way from the right-of-way to the portion of the property that is south of the alley and there would be a demarcated crossing over the alley as well. In addition, that south portion would have a new parking area that would be added, as well as a play area, which would have access with that pedestrian connection. On the alley they are proposing to add landscaping screening which complies with current standards, and the applicant is showing alley improvements as well from the property line east over to Fifth Avenue. Lehmann shared some pictures of the current property noting the current pedestrian path to the building, which would be extended through the site. He noted there is currently no east(west sidewalk in front in the public right-of-way. The alley by the property is currently paved and it's hard to tell which portion of the alley is actually private property. The role of the Board of Adjustment is to approve, approve with conditions, or deny the application based on the facts presented. To approve, the Board must find that it meets all applicable approval criteria, including specific and general standards, the specific standards pertain to the daycare use and the general standards apply to all special exceptions. The specific criteria related to daycare standards is found in the City code at Section 14-4B-4D- 7, and there are several of them. The first is that there are required interior activity areas that must contain at least 35 square feet of usable interior floor space per child. There are certain excluded areas, which are mostly bathrooms, offices and hallways. The subject property is pretty large with nearly 7800 square feet of usable interior floor space and theoretically could accommodate up to 222 children. It is more restricted based on the parking and some other site elements than its floor area. Lehmann reiterated the applicant proposes a daycare use with up to 120 children, so well below the maximum that would be allowed. Next is required outdoor areas for which the childcare use must provide a fenced outdoor play area of not less than 100 square feet per child based on the maximum number of children at any given time. There are side and front setbacks required where playground equipment is not permitted. These areas must be well drained, free from hazards and readily accessible to the daycare center. It also must have a fence that encloses the outdoor play area that's at least four feet in height. Lehmann stated the property is zoned residential so that four-foot fence standard applies. He noted all playground equipment shown on the site plan is located outside of the restricted areas and the site plan includes an outdoor play area that's approximately 2,156 square feet and could accommodate up to 21 children at a time. It's surrounded by a four-foot fence as indicated on the site plan and is also accessible by a pedestrian path with the demarcated crossing in the alley. Lehmann also noted that in terms of outdoor play areas, it's within easy walking distance of Chadek Green Park as well, so based on this staff believes this standard is met and there is a possibility that the play area could be expanded in the future which should allow more kids outside as well. The next criterion is vehicular circulation; the use must provide a drop off/pickup area in a location that is convenient to or has good pedestrian access to the main entrance to the facility. Board of Adjustment November 8,2023 Page 3 of 11 The drop off/pickup area must also contain sufficient stacking and parking spaces to ensure that it doesn't back up into adjacent streets. Lehmann explained the way that its structured traffic is expected to flow in one direction from B Street to the north, down the alley and exit east on Fifth Avenue. He stated because most of the alley is currently unimproved, and the site plan shows an improved alley, staff recommends that that be a condition of approval of tonight's special exception. In terms of ongoing maintenance, that's handled by adjacent property owners including 4Cs. The subject property has 29 parking spaces, 15 of those are new spaces south of the alley and there are 14 existing non-conforming spaces north of the alley, some of which are in front of the building. The site also has seven stacking spaces that are west of the building on a nine-foot wide one direction drive. All parking and stacking spaces are connected to the building with pedestrian routes so staff believes this criterion is met. However, continuing with this criterion, the minimum parking requirement is one space per employee based on the maximum employees on site at any one time plus one space for each 10 kids is served by the maximum number of children on site at any one time plus one stacking space for each 20 children served by the maximum number of children on site at one time. The stacking spaces per 20 children can also be switched out for parking as well. Parking is the primary limiting factor for the number of children in this building. Based on the stacking spaces provided they could have up to 140 kids, so parking is adequate to accommodate the 120 children that are proposed in addition to 17 staff members. However, that final number of spaces would be determined by the actual number of staff and children onsite, which could vary over time. The applicant also anticipates that many families and staff will access the site by walking, biking or by bus because the property is less than a quarter mile from the nearest transit stop and the site plan shows bicycle parking that meets the minimum requirements on the site. The next criterion is tied to pedestrian circulation, which is that a sidewalk must be constructed connecting the main entrance of the center to the adjacent public right-of-way and must be clearly separated from vehicular circulation to minimize conflicts between users, vehicular and pedestrian. Lehmann stated there is a sidewalk that already exists from the main entrance to the public right-of-way however there is no sidewalk along the B Street right-of-way. The site plan proposes new sidewalks with raised curbs through the property along the west and south sides of the building which will help minimize the extent to which users must walk across drives or aisles. Staff also recommends a condition that any new pedestrian routes through the site have a raised curb to help ensure pedestrian safety. Lehmann noted in this criterion it doesn't specify that it has to be a raised curb but staff would recommend that be a condition of approval. Regarding site development standards, the criteria state if it's located in a residential zone or in the Central Planning District it must comply with the multifamily site development standards in section 14-213-6. In this case the proposed use is both in a residential zone and the Central Planning District so it has to comply. The building and site do meet some multifamily site development standards but not standards related to the location and design of surface parking, mechanical equipment and additional standards in the Central Planning District. That being said, all of the existing non-compliant features are either considered elements of a non- conforming structure or non-conforming development which means a change in use can occur provided it does not increase or extend the degree of non-conformity and in this case it does not. Additionally, all changes to the site being proposed comply with current zoning standards, so staff believes this criterion is met. Board of Adjustment November 8,2023 Page 4 of 11 Lehmann moved onto the general standards that apply to all special exceptions found a 14-413- 3. The first is that it can't be detrimental to or endanger public health, safety, comfort or welfare. This is an existing building that's been around for a long time and the building and site characteristics are well suited to a daycare use. With the conditions discussed through this presentation staff believes that helps mitigate any potential impacts due to increased traffic and also believes that the proposed use will provide services that are beneficial to the neighborhood and the community. The second standard is related to whether it will be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values. Again the use is located in an existing building and there are no changes being proposed to that building. The outdoor play areas are relatively small and set back and screened from adjacent properties, which staff believes will help mitigate noise impacts. Additional traffic will be generated by the use but it'll be during business hours and the proposed traffic flow, site layout and recommended conditions will help mitigate potential negative impacts. In addition, the new parking area south of the alley is adequately set back and screened from the abutting uses according to standards, however staff does recommend that the S2 screening shown on the site plan be a condition of approval as an element that's being brought into conformance with the zoning code and would not be otherwise required it is non-conforming development. Third is that it won't affect the orderly development and improvement of surrounding properties. Lehmann reiterated this is an area that's fully developed as a residential neighborhood and it's occupying an existing structure that's been around since the 1960s. Additionally, it will provide beneficial services that staff doesn't believe will substantially impact the development or improvement of surrounding properties. Staff believes that the conditions will help mitigate any potential negative impacts for those surrounding properties. The fourth criterion is that it has adequate facilities. Again, it is an existing area so it has utilities, access roads, and other facilities already provided and established. The site was largely developed without sidewalks, but there is a pedestrian connection to the right-of-way and through the site. Staff believes the conditions help ensure the infrastructure can handle increased traffic volumes, specifically along the alley, and any changes to site features will be evaluated for compliance with City standards at site plan and building permit review, including those related to drainage. Lehmann noted staff did consider requiring a sidewalk in front of the building as well, but the broader neighborhood doesn't have sidewalks so adding a sidewalk specifically in front of this one building isn't necessary to improve the safety of the area. Standard five is related to ingress and egress designed to minimize traffic congestion on public streets. As previously noted, the front of the site is accessed from B Street with the rear access from the alley and most traffic is expected to flow one directional through the site exiting the alley east towards Fifth Avenue. The staff and drop off traffic will utilize the stacking spaces as well as some of the alley where there's additional parking spaces in the rear of the building and those are connected to the rest of the building by a pedestrian route and a demarcated alley crossing. Lehmann stated there is also signage and pavement markings shown to help direct traffic through the site which will help minimize that traffic congestion. In addition, the conditions will ensure that the alley can handle anticipated traffic volumes prior to the occupancy of the Board of Adjustment November 8,2023 Page 5 of 11 site. In terms of other changes to the site, there are no other changes proposed to the existing street or drive portion of the property north of the alley, and the new parking on the portion south of the alley complies with all current standards. In addition, the applicant anticipates many families and staff will be accessing the site from other modes of transportation as it is near an existing transit stop. Criterion six states that the special exception must comply with all other standards in the zoning code. Lehmann reiterated it does meet most standards of the RS-5 zone but was built prior to the current zoning designation so there are elements that don't meet current standards. Those are things like the way that parking backs into the alley, the width of the isle in front of the building, the building encroaches into the side setback and the need to provide parking lot trees. Those are things that are currently non-conforming and would be allowed to continue as non- conforming. However, this does bring several elements of the site into compliance with current standards, especially with proposed conditions, for example the new landscaping buffers. Additionally, as things change in the future, staff will ensure that any new changes comply with relevant standards during building permit and/or site plan review process. The final criterion is that it's consistent with the Comprehensive Plan of the City as amended. As far as the Future Land Use Map designation for this area the Comprehensive Plan shows it as residential, but the Central District Plan which provides more specific guidance shows it as Private Institutional. The Comprehensive Plan also generally supports providing goods and services within convenient walking distance for residents in the immediate area and the proposed exception would convert what is an existing private institutional use to another private institutional use. Based on these findings staff does recommend 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 (5") in height. Lehmann noted staff did receive some correspondence that was included in the agenda packet, it was generally positive. They also received some calls but most of them were asking clarificatory questions. Parker asked to see the raised curb on the site plan. Lehmann showed the new raised curb and explained it will go around the property and in addition have the parking area separated by a raised curb because this side of the block does not have a sidewalk. Baker asked about the parking infrastructure, and the number of people allowed in the facility. Lehmann stated there is space for 140 children based on stacking spaces, but he doesn't think Board of Adjustment November 8, 2023 Page 6 of 11 they can get the staff they want on site so that is why they're considering 120 children as their limit. Lehmann stated they could ask the applicant about their plans, but parking is the limiting factor here. The size of the building could hold 220 but the number of children is capped at 120 right now with the staff they're planning on having onsite due to available parking. Baker also asked about the outdoor space and does the 2,156 square feet of outdoor area include the paved area south of the alley. Lehmann stated it does not and the outdoor area will be fenced in and the paved area that's there now that is used for parking will continue to be used for parking in the future. Baker noted the paved area on the alley towards B Street doesn't seem to have enough depth for parking places so is there a minimum requirement for the depth of a parking space. Lehmann explained that the minimum depth required is 18 feet and based on the submitted site plan it appears that they could meet it north of the alley, it could also potentially be 15 feet if it were a compact space, and they are showing compact spaces in that portion south of the alley. The only spaces that they're keeping are the ones directly next to the building, otherwise, because they'd be reconstructing the alley and improving the alley, there will be a new parking lot to the south. Baker asked what kind of surface is considered for the alley improvement, will it be concrete or asphalt, and what exactly will be the improvements. Lehmann explained it would be a typical alley as seen in any new development, and the surface used would be determined by the City Engineer, but they typically see concrete. He noted gravel alleys don't work, which is why staff is recommending the condition. Baker asked who would pay for the alley improvement. Lehmann stated the applicant would pay for the complete paving of the alley, even past their property lines. It'd be an offsite improvement that would be required as a condition because of the heavy use of the alley anticipated by the application. Baker noted it says adjacent property owners are responsible for maintenance and snow removal in the future but there was no good neighbor meeting so he is wondering if the adjoining neighbors know they will have this responsibility, he is assuming they been taking care of the alley in the past somehow. Lehmann acknowledged people do get confused about alleys, they are the responsibility of adjacent property owners, but that's why he put that in there to make it clear that's the case, since it can be confusing sometimes for folks. Swygard noted in the newly built parking lot it on the site plan it notes there are eight compact stalls, do those require signs. Lehmann stated he believes that they do. Swygard stated when she visited the site, two trips both day and night, she noticed there are several floodlights along the roofline, the two in the front were obviously there to illuminate the flag pole and one on the side where the entrance is. Do those floodlights have to be brought up to current standards and be shielded, they're not currently shielded. Lehmann stated if it's an existing feature of the property it would not have to be brought up to current standards however that could be a condition if the Board finds it necessary to address those issues and bring the lighting up to standards. Swygard noted currently there is a streetlight in the alley that would illuminate that new parking lot area, are staff aware of any plans for further outdoor lighting. Lehmann replied he is not however that would usually be reviewed at site plan review and any new light would have to comply with current standards. Board of Adjustment November 8,2023 Page 7 of 11 Missie Forbes (Executive Director, 4Cs)stated part of their mission is to look at barriers to children accessing quality, early childhood educational experiences, which they know leads them to be better citizens and students and things like that. One of the things that they have intentionally done is look within the community to see where there are deserts or pockets of the community where childcare isn't as accessible as it could be. They identified this particular area of Iowa City to not have any close childcare within a mile footprint and then they also identified that it was pretty close to a bus line, and there's a building that was for sale. All that pointed to doing a deeper dive into the property and what they could potentially do to put a childcare center in that part of town. So that is what they're trying to accomplish with this project knowing that finding affordable childcare for families in a certain socio-economic status is harder so part of the project would be to make sure that at least 50% of the children served there would be on State subsidy childcare assistance as well. Forbes acknowledge while they welcome and open their doors for any child, they are specifically looking to tackle the problem of not having enough childcare assistance slots in Iowa City. Additionally, they know infant care is also hard to find so they may look at modeling the program to address the needs of certain age ranges. Swygard asked about the outdoor lighting and if they will be putting a flag out in the front at the current flagpole. Forbes replied she is not sure what kind of improvements or what they would do currently, they're just trying to get through this hurdle. However, knowing that there is a flagpole there they would likely use it if they could comply with the standards, they just haven't done too deep of a dive into some of those improvements. Bryce Achen (McClure Engineering Company) is the civil engineering representative for 4Cs and they will address the site lighting when they get to the site plan requirements with the City. As of now they haven't specifically looked at lighting but will do so during that process and it would be brought up to code. Baker asked if they plan any improvements in the surface area of the paving around the building as there's a lot of dips and holes. Achen acknowledged they would want to improve the areas they can but don't want to affect any areas that are already non-conforming compliant. Baker asked about the commitment of 50% of the childcare for children on childcare assistance and if that was a requirement. Forbes explained it's not a requirement it just aligns with their mission and is something that's important to them, they want to address the lack of quality childhood education for primarily low-income children. Baker asked if that was the policy at the other places they run as well. Forbes stated again that it is not a policy, it is just something that they believe is important and ties into all childcare centers they run. Their centers are a blend of private pay children, children on childcare assistance, and some funding from the County and the State. Baker asked if at the other locations are they close to that 50% mark. Forbes replied yes and they anticipate they will be able to do so at this site as well because those are the hardest to find spots in Johnson County. Baker questioned how people will arrive at the facility, noting it was stated people would use the bus and bike or walk, has that been the experience at other locations because obviously this is Iowa and sometimes those other opportunities don't work very well for months out of the year. Board of Adjustment November 8,2023 Page 8 of 11 Forbes stated she thinks that this particular location is a little bit different than their current center but it's always a mix, they also have a van that they currently use to pick up families that are living in shelter and anticipate they could use the van if there were barriers to access to this particular location for families, especially in the winter months. They would certainly address that on a case-by-case basis, because that's they operate mission wise. Baker noted at the other locations is it correct to assume that the high traffic area times are like early in the morning and then late afternoon. Forbes confirmed that is pretty consistent. Baker asked how they handle parents dropping off, do the parents have to park and bring the child in or is there a staff member picking up kids at the drive, he is worried about parking because if they all congregate around the same times it seems like a limited space to stack up. Forbes stated they require parents to get out and bring their child into the center, that is what the stacking parking is for, specifically for that drop off and pickup. She acknowledged at times there are going to be more people than nine cars potentially coming at some time but because of the requirements of one parking space per employee, and they have found that not all employees drive, some employees carpool, they don't anticipate that all of those spaces will be filled so they would have more parking available than just those stacking spots. Forbes reiterated one of the things that makes this location attractive is that it is close to a bus line. Susan Eberly(1840 Friendship Street) lives in the property straight south with her backyard bordering what will be the parking lot. She has watched this with considerable interest, the whole neighborhood has, and the thought of having it be childcare is wonderful. She is so pleased they are going to improve the alley because she worried about that with kids and travel. She has a question about her gate as that is the access to her backyard from the alley and has been the access ever since the house was built in 1955 or 1956. It is the only access to their backyard because of the way the property is laid out and the way it's fenced so she'd like that gate to continue to be available for her and is willing to talk about needing to put a lock on that gate or something. They have an interesting backyard with a fishpond that's an attractive nuisance and she worries about small kids getting over the fence to look at the fish. She is also curious what the S2 standard of screening entails. Lehmann explained the City has standards of S1 to S5 landscaping with S1 being very little and S5 essentially being a wall. S2 is what they use generally to try and shield adjacent property owners from parking, so it somewhat hides that there's parking there. Generally, it's called a variable height screen and is usually around four feet on center between plantings. Some of them would have to be taller, some of them could be a little shorter but that's the general standard. Eberly noted they have a fence there around four feet tall, it was there when they bought the house and she doesn't know if it meets the standard but as that all progresses hopefully someone will keep her posted on what's going to happen in terms of fencing along there. Lehmann stated from the site plan it shows there will be a 10-foot gap between their fence and Eberly's fence and that gap space will be maintained by 4Cs as it's on their property. Baker also noted there are boats stored on the property now and will those remain on the property. _ Board of Adjustment November 8,2023 Page 9 of 11 Tom Braverman (secretary, Odd Fellows Eureka Lodge #44) noted that members of the Lodge make a donation to the Lodge to store their boats there and that's why currently boats are stored there, however once the property is sold the boats will be moved to his nephew's farm. Swygard closed the public hearing. Parker moved approval EXC23-0008, a special exception 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. Baker seconded the motion. Baker asked is there any interest on the part of the Board to put an explicit cap on the number of vulnerable children. Parker stated they didn't feel it was necessary because parking will keep it to 140 or under and if they wanted to expand beyond that they'd have to come back anyway. Swygard stated her concern is still the outdoor lighting and concern about light trespass into the adjacent properties and would be in favor of putting a condition that the outdoor lighting must be brought into compliance with current City code. The Board agreed to add that condition to the finding of facts so there will be four conditions. Parker is concerned about sidewalks, if children who attend this center take the bus and/or walk, there isn't a sidewalk to get to this facility, however the neighborhood itself does not have sidewalks and they can't require any other property owner to install sidewalks, but it is a very big concern. Dulek stated their discussion could be forwarded to City Council and the planning of CIP because there have been additional sidewalks put in that neighborhood in the last year or two. Baker agreed it seems pointless to put a sidewalk on just the one property, the whole neighborhood has to be under consideration for sidewalks. Dulek noted Council will get the minutes but the Board could do an additional memo, it could be drafted by staff saying that was part of this discussion and the Board feels it's important for all neighborhoods to have a sidewalk. Staff can include it in the packet for next meeting. Parker stated regarding agenda item EXC23-0008 he does concur with the findings set forth in the staff report of meeting date, November 8, 2023 and concludes that the general and specific criteria are satisfied except to add a fourth condition of bringing outdoor lighting into City code. 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. A vote was taken and the motion passed 3-0. Board of Adjustment November 8,2023 Page 10 of 11 Swygard 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. SPECIAL EXCEPTION ITEM 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. Swygard moved to approve a request submitted by Jennifer Colville (Porch Light Literary Centre) to extend the deadline from six months to 12 months for the condition that for 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. Baker seconded the motion. Swygard noted 6 months would move the exception to May 15, 2024. Parker noted bicycle parking is probably not going to be able to get done over the winter so this extension makes sense. A vote was taken and the motion passed 3-0. Swygard 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 JULY 12 2023 MINUTES: Baker moved to approve the minutes of July 12, 2023. Parker seconded. A vote was taken and the motion carried 3-0. BOARD ANNOUNCEMENTS: Lehmann noted the next meeting is scheduled for December 13 but staff has not received an application yet so he is assuming they will not have a December meeting. However, Lehmann added they will need to review the bylaws as those are to be reviewed relatively regularly. There are some minor corrections that staff would like to see so maybe they could do that in December or at another meeting that that looks relatively light. ADJOURNMENT: Swygard moved to adjourn this meeting, Parker seconded, a vote was taken and all approved. Board of Adjustment November 8, 2023 Page 11 of 11 BOARD OF ADJUSTMENT ATTENDANCE RECORD 2023 318 4112 4119 5110 6114 7112 1118 NAME TERM EXP. BAKER, LARRY 1213112027 X X O/E X X X X PARKER, BRYCE 12/31/2024 X X O/E X X X X SWYGARD, PAULA 12131/2023 X X X X X X X CARLSON, NANCY 1213112025 X X X X X X O/E RUSSO, MARK 12131/2026 X X X O/E O/E X O/E Key: X=Present O=Absent O/E=Absent/Excused ——=Not a Member