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HomeMy WebLinkAbout2022-06-08 BOA DecisionPrepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319-351 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JUNE 8, 2022 EMMA J. HARVAT HALL, CITY HALL II Y V u u u Doc ID: 031890260006 Type GEN Kind: DECISION Recorded: 06/23/2022 at 02:23:10 PM Fee Amt: $32.00 Page 1 of 6 Johnson County Iowa Kim Painter County Recorder BK6394 PG760-765 MEMBERS PRESENT: Nancy Carlson, Bryce Parker, Gene Chrischilles, Mark Russo MEMBERS ABSENT: Amy Pretorius STAFF PRESENT: Sue Dulek, Kirk Lehmann SPECIAL EXCEPTION ITEMS: FILED JUN 1 7 2022 City Clerk 1. EXC22-0004: A public hearing regarding a special exception application by JAMva City, Iowa Investments of Iowa City to expand an existing drive -through facility associated with an eating establishment in a Community Commercial (CC-2) zone at 1926 Keokuk Street. The Board concludes that the following specific standard found at 14-4C-2K-3a will be met. Access and Circulation: The transportation system should be capable of safely supporting the proposed drive -through use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, effects on traffic circulation, access requirements, separation of curb cuts, and pedestrian safety in addition to the following criteria. This is based on the following findings for each sub -criterion: (1) Wherever possible and practical, drive -through lanes shall be accessed from secondary streets, alleys, or shared cross access drives. If the applicant can demonstrate that access from a secondary street, alley, or shared cross access drive is not possible, the board may grant access to a primary street, but may impose conditions such as limiting the width of the curb cut and drive, limiting the number of lanes, requiring the drive -through bays and stacking lanes to be enclosed within the building envelope, and similar conditions. • The subject property is accessed from shared private drives as part of the Pepperwood Plaza tract. The tract connects to Keokuk Street to the west, Highway 6E to the north, and Broadway Street to the east. • The proposed drive -through facility is accessed through an onsite parking aisle from the shared private drive. It cannot be directly accessed from a street. (2) To provide for safe pedestrian movement, the number and width of curb cuts serving the use may be limited. A proposal for a new curb cut on any street is subject to the standards and restrictions in chapter 5, article C, "Access Management Standards", of this title. • No changes to curb cuts are proposed as part of the project on public streets or in areas where pedestrian movement is anticipated. (3) An adequate number of stacking spaces must be provided to ensure traffic safety is not compromised. A minimum of six (6) stacking spaces is recommended for drive - through facilities associated with eating establishments and a minimum of four (4) stacking spaces for banking, pharmacies, and similar nonfood related drive -through facilities. "Stacking spaces" shall be defined as being twenty feet (20') in length and the width of a one lane, one-way drive. The board may reduce the recommended number of stacking spaces if the applicant can demonstrate that the specific business has unique characteristics such that the recommended number of parking spaces is excessive (i.e., a drive- through that is to be used for pick up only and not ordering). • The site plan shows 2 order lanes that converge into a single pick-up lane with a combined capacity for 12 vehicles. • The drive -through exceeds the minimum requirement to accommodates 6 stacking spaces. • The parking aisle leading to the drive -through has adequate space to accommodate any spillover traffic and minimize traffic safety impacts. • The Board required general compliance with the site plan as a condition of approval to ensure traffic safety is not compromised. (4) Sufficient on site signage and pavement markings shall be provided to indicate direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to ensure safe vehicular and pedestrian movement. • The site plan indicates directional arrows in the drive -through and parking areas and a 'do not enter sign' at the drive -through exit. • The pedestrian route along the east property line will be demarcated with dyed concrete where it crosses the parking aisle. The Board concludes that the following specific standard found at 14-4C-2K-3b will be met regarding Location. This is based on the following findings for each sub -criterion: (1) In the CB-2 zone and in all subdistricts of the riverfront crossings district located east of the Iowa River, drive -through lanes and service windows must be located on a nonstreet-facing facade. In all other locations where drive-throughs are allowed, this location standard must be met, unless the applicant can demonstrate that a street -facing location is preferable for the overall safety and efficiency of the site, does not conflict with adjacent uses or pedestrian access, and does not compromise the character of the streetscape or neighborhood in which it is located. • The proposed drive -through facility is an expansion of an existing non -conforming drive -through on the Keokuk Street -facing facade of the building. • A portion of the existing non -conforming drive -through will continue to be utilized. • Changes to the existing drive -through due to the proposed expansion do not affect pedestrian access. • The subject property does not currently have street trees as a legal non -conforming development, but a new street tree is shown on the site plan which helps provide consistency with typical commercial streetscapes. • The proposed facility is consistent with adjacent commercial uses and does not substantially change the character of the area if in general conformance with the submitted site plan. JUN 1 7 2022 City Clerk Iowa City, Iowa (2) Drive -through lanes must be set back at least ten feet (10') from adjacent lot lines and public rights of way and screened from view according to the design standards below. • All new portions of the proposed drive -through facility are set back at least 10 feet from the Keokuk Street right-of-way. • Existing portions of the drive -through facility that are Tess than 10 feet are allowed to remain as part of an existing non -conforming development. • The landscape plan submitted as part of the application is discussed below. The Board concludes that the following specific standard found at 14-4C-2K-3c will be met. Design Standards: The number of drive -through lanes, stacking spaces, and paved area necessary for the drive -through facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located. The board of adjustment may increase or reduce these standards according to the circumstances affecting the site. This is based on the following findings for each sub -criterion: (1) To promote compatibility with surrounding development, the number of drive -through lanes should be limited such that the amount of paving and stacking space does not diminish the design quality of the streetscape or the safety of the pedestrian environment. • The site plan shows two drive -through lanes that converge into a single 14-foot lane along the west edge of property. • The proposed drive -through facility expands an existing drive -through area in a commercial district, but the expansion in stacking spaces is limited to adding two lanes with four additional stacking spaces for ordering. • Screening between the new portion of the drive -through lanes and Keokuk Street right-of-way will help minimize the impacts of stacking spaces on surrounding development and the pedestrian environment. • The amount of paving will not be increased due to the proposed project. (2) Drive -through lanes, bays, and stacking spaces shall be screened from views from the street and adjacent properties to the S2 standard. If the drive -through is located adjacent to a residential use or property zoned residential, it must be screened from view of these properties to at least the S3 standard. To preserve the pedestrian oriented character of streets in the CB-2 zone and the riverfront crossings district, the board may require the drive -through to be incorporated within the building or be screened with masonry street walls and landscaping. Street walls shall be a minimum of five feet (5') in height and shall be designed to complement the principal building on the site. • The drive -through facility is not adjacent to residential uses or property zoned residential. • All new portions of the proposed drive -through facility are screened from Keokuk Street and adjacent properties to the S2 standard. • Existing portions of the drive -through facility that are not screened to the S2 standard are allowed to remain as part of an existing non -conforming developmer E1' fa JUN 1 7 2022 City Clerk Iowa City, Iowa (3) Multiple windows servicing a single stacking lane (e.g., order board, payment window, pick up window) should be considered to reduce the amount of idling on the site. • Two kiosks for ordering and a single window for payment and pick-up are proposed for the drive -through. (4) Stacking spaces, driveways, and drive -through windows shall be located to minimize potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding landscape and streetscape design of the neighborhood in which it is located. • No new vehicular and pedestrian conflicts are created by the proposed facility. • There may be potential conflicts between vehicles exiting the drive -through lane and vehicles utilizing shared drives, but there is adequate room to maneuver, traffic speeds are slow, traffic volumes are low, and visibility is good. • The proposed drive -through facility expands an existing drive -through area in a commercial district. • Landscaping elements ensure that it is integrated into the surrounding landscape and streetscape design of the area. (5) Lighting for the drive -through facility must comply with the outdoor lighting standards set forth in chapter 5, article G of this title and must be designed to prevent light trespass and glare onto neighboring residential properties. • The submitted photometric plan meets the City's physical control standards, which helps control light trespass and glare. • A total outdoor light output calculation has not been included on the photometric plan. A revised photometric plan with this calculation in compliance with current standards shall be required prior to site plan approval. (6) (Repealed.) (7) Loudspeakers or intercom systems, if allowed, should be located and directed to minimize disturbance to adjacent uses. Special consideration should be given to locations adjacent to residential uses to ensure such systems do not diminish the residential character of the neighborhood. • The two kiosks for ordering are oriented north, which means they do not face towards the adjacent right-of-way. • The property is not adjacent to residential uses. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The proposed drive -through expands an existing facility but is not expected tb` substantially increase vehicular traffic to the site over previous levels. J11N 1 7 2022 • Vehicular circulation and access are adequate to accommodate drive -through traffic. City Clerk Iowa City, Iowa • No new vehicular and pedestrian conflicts are created by the expanded facility. • There may be potential conflicts between vehicles exiting the drive -through lane and vehicles utilizing shared drives, but there is adequate room to maneuver, traffic speeds are slow, traffic volumes are low, and visibility is good. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: • The property is in a commercial area and is complimentary to surrounding uses. • Screening and a new street tree help mitigate impacts to adjacent properties. The Board concludes that establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located based on the following findings: • The surrounding area is fully developed with commercial uses. • Future redevelopment and improvement of adjacent properties will not be affected. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • Sufficient utilities, access roads, and most necessary facilities are established for this area and can meet the proposed site requirements. • The project expands green space and landscaping which reduces stormwater runoff. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • There is adequate space for stacking vehicles in the drive -through lane. • The proposed drive -through lanes are accessed from and exit to shared drives. • There may be potential conflicts between vehicles exiting the drive -through lane and vehicles utilizing shared drives, but there is adequate room to maneuver, traffic speeds are slow, traffic volumes are low, and visibility is good. • Signage and pavement markings will help efficiently direct vehicles through the site. • The site plan as proposed is not expected to negatively impact ingress or egress on public streets, nor substantially affect traffic congestion. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: • The proposed use will reduce the amount of parking spaces, but the project retains 20 spaces, which is well above the minimum parking requirement of 9 spaces. • The site plan includes 6 bicycle parking spaces. JUN 1 7 2022 City Clerk Iowa City, Iowa • The property is a legal non -conforming development, and the proposed project does not increase occupancy. Several onsite features will remain legal non -conforming, but any alterations to the site must comply with current standards. • Staff will ensure changes to the site design conform with any applicable zoning standards and regulations during the subsequent site plan review. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • Future Land Use Maps designate the subject property as General Commercial in the Comprehensive Plan and Commercial in the South District Plan. • The Comprehensive Plan supports encouraging "new business development in existing core or neighborhood commercial areas". • The proposed use of this property is consistent with Comprehensive and District Plans. DISPOSITION: By a vote of 4-0, the Board approved an expansion of a drive -through facility for the property located at 1926 Keokuk Street, subject to the following condition: 1. General compliance with site plan dated May 27, 2022. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of I wa City, Io Approved b : Gene Chrischilles, Chairperson City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 8th day of June, 2022 as the same appears of record in my Office. Dated at Iowa City, this 1 _1-1'1— FILIEt JUN 1 7 2022 City Clerk Iowa City, Iowa day of L - e•-2 , 20 ZZ Kelli= K. Fruehling, ity • lerk