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Home My WebLink About2021-10-13 BOA Decisiont Mollwq 96^+�ureevl0otlano.� �� -,{ nb Doc ID: 026279750005 Type: GEN Kind: DECISION Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, lox® Cpy, IA 52240; 31M58-5230 Recorded; $10/00/Page 2021 at to 11:38:04 AM Sohnson County Iowa DECISION Kim Painter County Recorder IOWA CITY BOARD OF ADJUSTMENT BK 6303 PG253-257 WEDNESDAY, OCTOBER 13,2021 EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Gene Chdschilles, Bryce Parker, Amy Pretorius, Mark Russo MEMBERS ABSENT: Nancy Canon STAFF PRESENT: Sue Dulek, Kirk Lehmann SPECIAL EXCEPTION ITEM: 1. EXC21-0015: A public hearing regarding a special exception application submitted by SouthGate Companies requesting a special exception to allow an indoor self-service storage use in a Community Commercial (CC-2) Zone at 947 Highway 6 East. The Board concludes that all self-service storage units or areas shall be completely within conditioned space, as defined in the Building Code, and no outdoor storage shall be allowed based on the following findings: • The site plan shows that all self-service storage areas am within the existing building (conditioned space is an area, room, or space that is enclosed within the building thermal envelope and that is directly or indirectly heated or cooled). • Outdoor storage is not proposed as part of the project. The Board concludes that self-service storage units shall not be individually accessible from the outside, and no more than 2 garage or overhead doors shall provide access into the building, which shall only be provided at the rear of the building, based on the following findings: • Self-service storage units are not individually accessible from the outside. • Two overhead doors are proposed in the rear to provide access into the storage areas. The Board concludes that the following standard is met: A substantial portion of the front building facade must accommodate other allowable commercial uses. Self-service storage uses are not allowed within the first thirty feet (30') of the front building depth as measured from the overhang of the roof, except for the primary entrance to the self-service storage areas. This primary entrance shall not exceed thirty percent (30%) of the width of the self-service storage use's building facade and may consist of a hallway, lobby, and/or retail storefront. Individual self-service storage units shall not be allowed within this primary entrance area. This is based on the following findings: o • The proposed use fronts onto the Pepperwood Plaza parking area to theswd[i ti _t C] N f'- -IC-: Cn 1 /j W N The site plan shows that all self-service storage areas and units are at least 33' from the front of the building overhang, and that the primary entrance area is approximately 5% of the width of the building containing the proposed use. Approximately 51 % of the facade of the building containing the proposed use is to be an outdoor patio area and another 44% is to be used for commercial space. Second story space above the proposed commercial uses may be occupied by additional commercial uses. The Board concludes that buildings containing self-service storage uses shall be considered a large retail use as it relates to the site development standards set forth in Section 14-2C- 6K based on the following findings: • Buildings containing self-service storage uses shall be considered a large retail use as it relates to site development standards set forth in Section 14-2C-6K. • Staff shall ensure compliance with all applicable standards during site plan review. 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 project would occupy an existing building and includes few changes to the site, which limits negative impacts to health and safety. • The conversion of large retail spaces to other uses may decrease the availability of certain goods and services near residential areas. However, trends such as the closure of large national brickand-mortar retailers and expansion of e-commerce has negatively impacted the demand for large retail spaces, and spaces that remain vacant for long periods of time can lead to deferred maintenance and ultimately blight. • The proposed small-scale commercial storefronts along the front facade can provide space for entrepreneurs to scale their businesses and can help provide goods and services near residential areas, albeit at a lesser scale than large commercial tenants. • Improvements to the north and south building facades will provide a positive impact on the visual appeal of area, and the proposed outdoor patio area will help encourage an active, pedestrian -friendly frontage. 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 proposed project would occupy an existing building and includes few changes to the site, which limits impacts to surrounding properties. • Improvements to the north and south building facades will provide a positive impact on the visual appeal of area. • Trends such as the closure of large national brick -and -mortar retailers and expansion of e-commerce has negatively impacted the demand for large retail spaces. Finding:.,, alternative uses for such spaces is beneficial for nearby properties, especially if payed with opportunities to support additional small businesses. - o • The proposed use and commercial space along the front facade can help.promota-j v economic activity and drive traffic to the site, though at a lesser scale than may belhe �- - case for large retail tenants. -- 3 N p I nonoop urawre.q on: 1 , ... 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 neighborhood is already fully developed with a mix of residential, commercial, and institutional uses. • The proposed uses will not negatively impact the redevelopment of surrounding properties for uses permitted in the zone because the project will occupy an existing building with limited changes to the structure and surrounding site. _ • Improvements to the fagads will make the building more visually appealing from boVhe north and south. .y c^ The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: CO • The subject property is already developed, and all utilities, access roads, diainage4pd necessary facilities are established for this area. o • Staff shall ensure compliance with all applicable standards during she plan and building permit review. 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: • Access to the property is available from Cross Park Avenue, or through the Pepperwood Plaza parking area, which includes Pepperwood Lane and other drives. No changes are being proposed to existing access, drives, or parking areas. • The loading area south of the building would be accessed from Cross Park Avenue. While the proposed project includes filling in the current ramp area and covering it with an addition, the method and route for vehicular access will remain unchanged. 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 building meets all dimensional standards. • The proposed use would contain an estimated 570 storage units and between 2,695 and 5,390 square feet of shopping center uses which would require between 18 and 29 parking spaces. Parking in the Pepperwood Plaza shopping area is shared and contains adequate parking for the proposed uses. Bicycle parking will also be required, to be confirmed during site plan review. • The site development standards require easily identified pedestrian mutes between principal buildings on the site, to abutting rights -of -way connected to adjacent public sidewalks, and through parking areas. While the north side of the building includes dedicated pedestrian routes along the building frontage and internal access drives, the proposed entrance to the south does not include a safe pedestrian route to the sidewalk on Cross Park Avenue. The property is a nonconforming development, so the Board adopted a condition that there be a pedestrian route from the south entrance to the dododP:�m,..mnodon. 1 , . , sidewalk on Cross Park Avenue that is demarcated by colored concrete, pavement markings, or other methods where it crosses the internal drive to provide for safe pedestrian travel. The property is across Cross Park Avenue from a residential zone, so the parking and loading areas south of the building must be screened to the S3 standard. The property does not currently meet that standard but is a nonconforming development. The Board adopted a condition that S3 screening be provided along the Cross Park Avenue right- of-way, to be approved by the City Forester prior to issuance of a building permit and to be installed prior to issuance of a certificate of occupancy. All site development standards for CC-2 zones shall be met prior to site plan approval or shall require minor modifications as allowed by the zoning code, including compliance with the large retail use standards at Section 14-2C-6K. Because this is a nonconforming development, the Board adopted this as a condition of approval. Staff shall ensure compliance with all applicable standards during site plan and building permit review. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The City's future land use maps designates this area for General Commercial (Comprehensive Plan) and Commercial (South District Plan). • The Comprehensive Plan includes a goal to increase the property tax base by attracting businesses that have growth potential and are compatible with Iowa City's economy. • The South District Plan notes that changes in retail due to the rise of online shopping have impacted large shopping centers like Pepperwood Plaza, but that fa5ade and landscaping improvements can entice shoppers to linger and can help foster a sense of place which could help to improve prospects for small or local businesses.;. _ • Fagade improvements and the small commercial storefronts can act as starting ss��wce -;-j for small businesses, which helps encourage a healthy mix of independeftf; Idcallyi •,�_ owned businesses and supports entrepreneurial activity.�-- _, ut DISPOSITION: By a vote of 4-0, the Board approved a self-service storage uuu a M Community Commercial (CC-2) for the property at 947 Highway 6 East, subj§ tlt� following conditions: •• N O 1. Installation of landscaping to the S3 standard, as detailed in section 14-5F-6C of City Code, along the subject property's Cross Park Avenue frontage prior to issuance of a certificate of occupancy. If said certificate of occupancy is issued during a poor planting season, by May 31 following issuance of the certificate of occupancy. The landscaping plan must be approved by the City Forester prior to issuance of the building permit. 2. Establishment of a pedestrian route from the sidewalk on Cross Park Avenue to the entrance on the south building face that is demarcated where it crosses parking areas by colored paving, pavement markings, or other similar methods, to be approved prior to issuance of the building permit. 3. All site development standards for CC-2 zones, including compliance with standards relating to large retail uses at Section 14-2C-6K, shall be met prior to site plan approval, or shall receive minor modifications as allowed by the zoning code • aoe�eyetima.�nno�: ��.r �.,.,„.. �,,,,. ,,,,. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of Iowa City, Iowa. Q f�'ieYe¢rira' ' Amy Pretorius, Chairperson STATE OF IOWA JOHNSON COUNTY Approved by: j /U ro10 dl City Attorney's Office I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Derision 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 130 day of October, 2021 as the same appears of record in my Office. Dated at Iowa City, this 2rj-tday of t""i'Dbe , 20 ZI Kelli C. Fruehling+CiCI4rkL o c Sri TYi; a o m v 0