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HomeMy WebLinkAbout2023-12-13 BOA Agenda PacketIOWA CITY BOARD OF ADJUSTMENT Wednesday, December 13, 2023 – 5:15 PM City Hall, 410 East Washington Street Emma Harvat Hall Agenda: 1. Call to Order 2. Roll Call 3. Consideration of Amendments to the Board of Adjustment Bylaws 4. Consideration of Letter in Support of Sidewalks near 1839 B Street 5. Consideration of Meeting Minutes: November 8, 2023 6. Board of Adjustment Information 7. Adjournment If you need disability-related accommodations in order to participate in this meeting, please contact Kirk Lehmann, Urban Planning at 319 -356-5247 or at klehmann@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Board of Adjustment Meetings Formal: January 10 / February 14 / March 13 Informal: Scheduled as needed. December 13, 2023 Board of Adjustment Meeting AMENDMENTS TO BYLAWS ITEM 3 ON THE AGENDA Memorandum Prepared by Staff Date: December 13, 2023 To: Board of Adjustment From: Kirk Lehmann, Associate Planner Re: Proposed Amendment to Procedural Rules Introduction: The December 13, 2023, agenda will include several proposed changes to the Board of Adjustment Procedural Rules (i.e., bylaws), a copy of which is attached. Proposed Changes: Most proposed changes to the bylaws are relatively minor. These include the deletion of redundant language, ensuring both written and numeric representations of numbers are included, adding headers in certain sections, and correcting the names of City titles and departments. However, a few changes are more substantive: 1. Appeal Order. Creating a new hearing order for appeals that is distinct from those for special exceptions or variances. This change ensures that the Appellant is the first presenter after a brief introduction by the Secretary of the Board. 2. Counting Days. Changing minimum notice requirements to calendar days rather than business days. According to City Code and State law, calendar days are computed as follows: the first day shall be excluded and the last included unless the last falls on Sunday or a holiday, in which case, the time prescribed shall be extended so as to include the whole of the following Monday or first working day. This change aligns standards with other notice requirements used by the City. For example, the adopted Good Neighbor Policy requires that a Good Neighbor Meeting occurs no less than 7 calendar days prior to the scheduled public meeting, and newspaper notices for public hearings regarding rezonings must be published 7 calendar days in advance. Standardizing timelines helps reduce the possibility of administrative error, though most notices are published well in advance of these timelines. In addition, other references to business days are changed to calendar days for consistency, and the number of days are adjusted so as not to substantially change intended timeframes. Process: Article IX of the Procedural Rules require 3 members to approve an amendment to the bylaws. If approved, the proposed amendment will be forwarded to City Council for approval. (Council approves the bylaws for every City board and commission.) The amendment would be effective upon Council approval. The Board has three options, which in no particular order are: 1. Approve both proposed changes. December 13, 2023 Page 2 2. Approve only one of the proposed changes. 3. Not approve either of the proposed change. Due to both open meeting requirements and the bylaws (Article IX), the Board cannot approve a change that substantially modifies these proposed changes, nor can it approve a substantive change to any other provision of the Procedural Rules at the December 13 meeting. Those changes could occur at the January meeting with proper notice. We look forward to talking with you about these proposed changes on December 13. Attachments: 1. Proposed changes to the Bylaws of the Board of Adjustment December 13, 2023 Board of Adjustment Meeting AMENDMENTS TO BYLAWS ATTACHMENT 1 Draft Changes to Bylaws Prepared by Staff 1 PROCEDURAL RULES Iowa City Board of Adjustment November 2021 XXXXXXX 2024 ARTICLE I. AUTHORITY: The Iowa City Board of Adjustment shall have that authority which is conferred by Chapter 414 of the Code of Iowa; City Code Title 14, Chapter 7, entitled "Administration," Article A, entitled "Board of Adjustment," and through the adoption of these procedural rules stated herein. ARTICLE II. MEMBERSHIP: Section 1: Qualifications. The Board of Adjustment shall consist of five (5) members appointed by the City Council. All members of the Board shall be residents of Iowa City, Iowa. A majority of the members of the Board shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate. Section 2: Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager. Section 3: Orientation for New Members. Prior to the first regular meeting following their appointment, each new member shall be shall be given an orientation briefing by City staff and be provided with the Board's procedural rules and other information that may be useful to Board members in carrying out their duties. The City Zoning Chapter Code and the Comprehensive Plan are available on line. Section 4: Absences. Three (3) consecutive unexplained absences of a Board member from regular Board meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Members shall be removable for cause by the City Council upon written charges after a public hearing. Section 5: Vacancies. Any vacancy on the Board because of death, resignation, long- term illness, disqualification, or removal shall be filled for the unexpired term by the City Council after at least thirty (30) calendar days of public notice of the vacancy as required bylaw. Section 6: Terms. Members shall be appointed for terms of five (5) years. No members shall be appointed to succeed themselves. However, a member appointed to fill an unexpired term with one (1) year or less remaining may also be appointed concurrently for one full five (5) year term. Section 7: Resignations. Resignation should be submitted in writing to the Board Secretary, who will transmit the resignation to the City Council with copies to the City Manager, the Director of Neighborhood and Development Services, and the Board Chairperson, preferably at least sixty (60) days prior to the date of intended departure. Section 8: Temporary Alternate. An alternate member, if available, shall be appointed as provided herein, to replace a member who is unable to participate in an appeal of an 2 administrative decision due to a conflict of interest. Any person who has served as a member of the Board within the five (5) years preceding the filing of the appeal, and who represents the public at large and is not involved in the business of purchasing or selling real estate, shall be qualified to serve as an alternate. When the a member has recused himself/herself due to a conflict and the date of hearing before the Board has been set, the Secretary of the Board shall notify all such persons and the first to agree to serve as the alternate is hereby appointed to do so. ARTICLE Ill. OFFICERS: Section 1: Number. The officers of the Board shall be a Chairperson and a Vice- Chairperson, each of whom shall be elected by a majority vote of the members of the Board. The Board Secretary shall be a staff person, who is appointed by the Director of Planning and Community DevelopmentNeighborhood and Development Services. Section 2: Election and Term of Office. The Chairperson and Vice-Chairperson shall be elected annually at the first regular meeting of the Board each year. Section 3: Vacancies. A vacancy in the office of Chairperson or Vice-Chairperson because of death, resignation, removal, disqualification, or other cause shall be filled by election from the members of the Board for the unexpired portion of the term. Section 4: Chairperson. The Chairperson shall, when present, preside at all meetings, call special meetings, and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Such Chairperson may administer oaths and compel the attendance of witnesses. Section 5: Vice-Chairperson. When the Chairperson is absent, or abstaining, or recusing, the Vice- Chairperson shall perform the duties of the Chairperson and shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6: Acting Chairperson. In the absence and/or due to the abstention or recusal of both the Chairperson and Vice-Chairperson, the remaining three (3)-member Board members may elect a member to serve as Acting Chairperson. The Acting Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 7: Secretary. The appointed staff person, who serves as the Board's Secretary, shall be responsible for maintaining the office of the Board, receiving and filing Board decisions and orders, posting and publishing notices as required by law, and for maintaining minutes and other records of the Board's proceedings. ARTICLE IV. APPLICATIONS: Section 1: Application Forms. Any application for a request or appeal to the Board of Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the Board. The Secretary's office is located in the Department of Neighborhood and Development Services. Forms are available in the Ooffice of the City Clerk and on the 3 City's website. In the appropriate cases, the Building Inspector Official shall transmit to the Secretary all documents constituting a record, upon which the Board shall act. Section 2: Application Submittal. Appeals to the Board shall be filed with the City Clerk within a reasonable time period, not to exceed thirty (30) calendar days after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision by the Building Inspector Official to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than ten fifteen (105) business calendar days after construction work pursuant to such permit is observable from adjacent properties orf the public right-of-way or ten fifteen (105) business calendar days after an alleged violation of the zoning code is similarly observable. Applicants may appeal an approval or a denial of a Certificate of Appropriateness from the Historic Preservation Commission within a conservation district by filing a letter with the City Clerk within ten fifteen (105) business calendar days after a Resolution of Denial is filed by the Commission. Section 3: Application Filing Fee. The applicant shall complete the required forms, providinge all information requested on the form, and provide any additional information as requested by the Secretary of the Board. A filing fee shall be paid upon presentation of the application. Application fees are established by resolution of the City Council. Section 4: Party of Interest. Requests for a variance or special exception must be filed on behalf of the real party in interest, such as the owner or contract purchaser. Section 5: Case Number. An application filed according to the above procedure shall be given a case number within five seven (57) business calendar days of the filing date. Case numbers will be assigned according to the order in which applications are received. ARTICLE V. NOTICE: Section 1: Notice Letters. No less than seven (7) business calendar days prior to the public hearing, the Secretary of the Board shall send notice by mail to all property owners of record and to all non-duplicative individual occupants (when available on the City Assessor's website), within 500 feet of the subject property. Such notice shall include a description of the action requested along with the time and location of the meeting. The applicant shall be formally notified of the time and place of the hearing, in writing, by the Secretary of the Board. Section 2: Newspaper Notice. Notice of the time and place of public hearings shall be published in a newspaper of general circulation not more than twenty (20) calendar day nor less than seven (7) business calendar days prior to the hearing. It shall contain the street address or location of the property and a brief description of the nature of the application or appeal. Section 3: Notice Sign. No less than seven (7) business calendar days prior to the public hearing, the Applicant shall post a sign on or near the property upon which the application is being made, and shall remove the sign immediately following the public hearing on the application. The sign will be provided to the applicant(s) by the Board Secretary. 4 ARTICLE VI. HEARING: Section 1: Regular Hearings. Hearings will be held as needed at a regular time and place to be set by the members of the Board. Section 2: Special Hearings. Special hearings or meetings of the Board may be called by the Chairperson and shall be called by the Chairperson or Vice-Chairperson at the request of three (3) or more members of the Board. Section 3: Place of Hearings. All hearings and meetings of the Board shall be open to the public and shall be in a place accessible to people with disabilities. Section 4: Quorum. Three (3) members of the Board shall constitute a quorum. Section 5: Applicant Representation. The applicant may, at the time of the public hearing, appear on their own behalf and be represented by agent and/or counsel. The applicant or their representative may present oral argument and testimony; witnesses, including experts; and may submit written evidence and exhibits in the form of statements, photos, charts, or other relevant evidence. In the absence of the applicant or their representative(s), the Board may proceed to act on the matter based on the information provided. Section 6: Briefs. The Board may request written briefs for legal argument. Applicants may submit written briefs if they so choose. Section 7: Conduct of Hearing. Order and decorum shall be maintained at the hearing by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of evidence wherever possible. The Chair may swear witnesses and direct order of testimony. The Chair shall avoid testimony that is overly redundant. The Chair may provide for recesses during the deliberation, as appropriate. Any Board member who has a legal conflict of interest shall recuse him/ herself from the decision-making process. A member who has a legal conflict of interest or otherwise elects to recuse him/herself due to a perceived conflict of interest shall state the reason for recusal prior to discussion of the matter under consideration and may choose to leave the meeting room for the duration of the proceedings for that application. Section 8: Hearing Order for Special Exceptions and Variances. The order of hearing for special exception or variance requests shall be as follows: 1. Staff presentation of the facts of the case and recommendation to the board. 2. Statement by proponents of the application. 3. Statement by opponents of the application. 4. Rebuttal by proponents and then by opponents. 5. General discussion by the Board. The Board may request additional comments from the participants. Section 9: Hearing Order for Appeals. The order of hearing for appeals of an administrative decision shall be as follows: 5 1.Brief introduction by the Secretary of the Board setting forth the administrative decision on appeal and appellant’s grounds for the appeal. 2. Appellant presentation on the grounds for the appeal. 3. Staff presentation on the grounds for the administrative decision being appealed. 4.Statement by proponents of the appeal. 5.Statement by opponents of the appeal. 6.Rebuttal by proponents and then by opponents. 7.General discussion by the Board. The Board may request additional comments from the participants. Section 109: Board Deliberation. After all parties have been heard, the public hearing will be declared closed so that the Board may deliberate the case. The Board must state findings of fact and conclusions of law. These facts and legal conclusions must be set forth in writing as required by Iowa Llaw. The Board may request additional comments from the participants. An application may be deferred or withdrawn at the request of the applicant at any time before a decision is made by the Board. Section 101: Board Motions. Motions may be made and seconded by any member of the Board. Motions are always made in the affirmative, approving the requested action. Section 121: Board Voting. After a motion and discussion, the Board shall be polled for votes. A board member may abstain from voting, which is a non-vote. The concurring vote of three (3) members of the Board shall be required to uphold an appeal, to decide in favor of a special exception, or to grant a variance. Voting on Board decisions will be by roll call and will be recorded by yeas and nays. Proxy votes are not allowed. Section 132: Legal Advisor. The City Attorney or a designated representative shall act as legal counsel to the Board. Section 143: Conduct of Meetings. Except as otherwise provided herein, Robert’s Rules of Order Newly Revised shall be used to conduct Board hearings and meetings. ARTICLE VII. RECORDS: Section 1: Record of Hearings. Audio recordings shall be made for all hearings and such recordings shall be kept for a period of no less than six (6) weeks. Minutes shall be produced from such recordings, and forwarded to the City Council after approval by the Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of the Board, and shall also be on file at the City Clerk's Ooffice. The applicant may request a court reporter at the applicant's own expense. Section 2: Case Files. The Secretary of the Board shall keep a file of all cases, including forms and additional information. Said file shall be a public record and available for public inspection during business hours. Copies may be made available upon request, at cost. 6 Section 3: Transcript. Upon request, a transcript or the audio recording of the Board's deliberation will be made, at cost to the requester. In the case of an appeal to district court there is no charge for the transcript. ARTICLE VIII. DECISIONS: Section 1: Timing. Whenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are considered. Section 2: Format. Formal decisions shall be made in writing, setting forth findings of fact and conclusions of law as required by Iowa law. Section 3: Filing. Each decision shall be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate the date and time of filing. The Clerk will forward the decision to the Johnson County Recorder's Office, for recording at the Ccity's expense. Section 4: Copies. A copy of said decision shall be forwarded by the Secretary of the Board to the applicant, the Building InspectorOfficial, the City Attorney's Office, and any Attorney of Record within a reasonable time after filing with the City Clerk. Section 5: Reconsideration. Upon written request, the Board may reconsider a decision on a special exception or variance application. A request for reconsideration must be made within ten fifteen (105) business calendar days of the meeting at which a vote on the application was originally taken and shall articulate and be based on evidence that was not presented or was unavailable at the time of the original hearing. A motion to reconsider must be made at the subsequent meeting by a member of the Board who voted on the prevailing side. If a motion to reconsider is approved, the application will be placed on the agenda of the next meeting in order to satisfy the requirement for public notice and hearing. No decision may be reconsidered more than once. Appeals to the Board may not be reconsidered. ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES. Section 1: Amendment. A concurring vote of three (3) of the members of the Board shall be necessary to amend these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting or at any special meeting called for that purpose. Amendments shall go into effect upon approval by the City Council. (Adopted Reso. No. 24-_____1-275) December 13, 2023 Board of Adjustment Meeting LETTER TO COUNCIL ITEM 4 ON THE AGENDA Draft Letter For Approval by the Board December 13, 2023 To: Iowa City City Council From: Iowa City Board of Adjustment Subject: Request for Consideration of Sidewalk Infill On November 8, 2023, the Board of Adjustment approved a special exception request by the nonprofit Community Coordinated Child Care (4Cs) to allow a daycare use in a Low Density Single-Family Residential (RS-5) zone at 1839 B Street. The daycare is proposed to serve 120 children, of which approximately half would be available to low- and moderate-income families receiving childcare assistance vouchers. The daycare will provide a much-needed service in our community, but the Board would like to draw your attention to the absence of sidewalks along the street, including along the route from the nearest transit stop. The addition of sidewalks would greatly enhance the safety and accessibility of the area and would ensure a safe route for families with young children, staff, pedestrians, and others utilizing public transportation. The sidewalk would also contribute to the improvement of our neighborhood infrastructure and provide a new accessible connection to Chadek Green Park. Considering the community-oriented nature of the daycare center and its importance in supporting working families, we kindly request that the City Council explore the possibility of allocating resources for the construction of infill sidewalks along the 1800-1900 block of B Street and the 400 block of 5th Avenue. This investment would not only promote pedestrian safety for the daycare but also encourage a more walkable and accessible neighborhood. We understand the need for responsible allocation of resources and appreciate the careful consideration that the City Council give to such matters. We believe that this initiative aligns with the City's commitment to the welfare and safety of our youngest residents, in addition to creating a walkable community. Thank you for your time and consideration of this request. Sincerely, Nancy Carlson Chair Board of Adjustment December 13, 2023 Board of Adjustment Meeting PRELIMINARY MEETING MINUTES ITEM 5 ON THE AGENDA November 8, 2023 Prepared by Staff 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 14-2B-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 14-4B- 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 NAME TERM EXP. 3/8 4/12 4/19 5/10 6/14 7/12 11/8 BAKER, LARRY 12/31/2027 X X O/E X X X X PARKER, BRYCE 12/31/2024 X X O/E X X X X SWYGARD, PAULA 12/31/2023 X X X X X X X CARLSON, NANCY 12/31/2025 X X X X X X O/E RUSSO, MARK 12/31/2026 X X X O/E O/E X O/E Key: X = Present O = Absent O/E = Absent/Excused -- -- = Not a Member December 13, 2023 Board of Adjustment Meeting BOARD OF ADJUSTMENT INFORMATION ITEM 6 ON THE AGENDA 2024-2025 Schedule Prepared by Staff CITY OF IOWA CITY Board of Adjustment 2024-2025 Application Deadlines APPLICATION DEADLINE (12:00 p.m.) MEETING DATE December 8, 2023 January 10, 2024 January 12, 2024 February 14, 2024 February 9, 2024 March 13, 2024 March 8, 2024 April 10, 2024 April 5, 2024 May 8, 2024 May 10, 2024 June 12, 2024 June 7, 2024 July 10, 2024 July 12, 2024 August 14, 2024 August 9, 2024 September 11, 2024 September 6, 2024 October 9, 2024 October 11, 2024 November 13, 2024 November 8, 2024 December 11, 2024 December 6, 2024 January 8, 2025 January 10, 2025 February 12, 2025 February 7, 2025 March 12, 2025 Submit Online Application by Noon at https://egov.iowa-city.org/energovprod/selfservice#/home APPLICATION FEES* Special Exception, Variance, or Appeal: $547 Combination BOA Actions: $636 *These fees will be updated in February 2024 to reflect changes in the rate of inflation. Meeting time and location Board of Adjustment formal meetings are scheduled for the second Wednesday of every month at 5:15 p.m. in Emma Harvat Hall, City Hall, 410 East Washington Street. Board of Adjustment informal meetings are scheduled as needed. Attendees are advised to check the meeting agenda at www.icgov.org/boa or contact the Department of Neighborhood and Development Services at 319-356-5247 for any possible changes. For more information contact Kirk Lehmann at 319-356-5247 or klehmann@iowa-city.org.