Loading...
HomeMy WebLinkAbout2021-09-08 BOA Decisionrosap „Pun;..,..aa.00�. Fee PRepan d M Kirk Lehmann. Assoaate Planner. 410 E. waw nglon, Iowa Coy. IA 52240, 319-3WS230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, SEPTEMBER 8,2021 EMMA J. HARVAT HALL, CITY HALL Doc ID: 028256170022 Type. GEN Kind: DECISION Recorded: 10/01/2021 at 01:47.42 Prl Fee Ant: $112.00 Page 1 of 22 Johnson County Ic.a Kim Painter County Recorder BK6293 PG84-105 MEMBERS PRESENT: Nancy Carlson, Gene Chnschilles, Amy Pretonus, Mark Russo .`., MEMBERS ABSENT: Bryce Parker STAFF PRESENT: Sue Dulek, Kirk Lehmann SPECIAL EXCEPTION ITEMS: - V 1. EXC21-0013: A public hearing regarding a special exception application submitted by Imbn Communications to allow a basic utility use in a Community Commercial (CC-2) zone fePa telecommunications hub at 755 Mormon Trek Boulevard. The Board concludes that the following specific standard at 14-4B-4D-lb-2 will be met: In all commercial zones, the RDP and ORP zones, and the ID-C and ID -RP zones, basic utilities not enclosed within a building [that houses another principal use allowed in the zorrej are permitted only by special exception. Proposed uses must be screened from public view and from view of any adjacent residential zones to at least the S3 standard. In addition, the applicant must provide evidence that the proposed use will be compatible with surrounding structures and uses with regard to safety, size, height, scale, location, and design, particularly for facilities that will be located close to or within view of a residential zone. For uses located in highly visible areas, the board may consider addifional design elements such as masonry or brick facades, and walls or fencing to improve public safety and to soften the visual Impact of the proposed use. Water and sanitary sewer pumps or lift stations approved by the city as part of subdivision or site plan approval do not require special exception approval from the board of adjustment This is based on the following findings: • The proposed use would be located at the rear of the lot and not highly visible from a public street, sidewalk, access easement, or other public way, or from a public park or other public open space area. • The site plan straws emerald arborvitae landscaping to the S3 standard to the north and west of the proposed telecommunications hub, and a block retaining wall to the north, which helps screen the use from abutting residential properties. Staff will confirm the proposed screening conforms to S3 standards during site plan review. • The proposed use will be enclosed in a structure with a locked door, preventing access to those not authorized and mitigating public health and safety issues. • The proposed structure is one story (approximately 10 feet in height), which is in scale with surrounding one- and two-story, structures. • The use is proposed to be attached to the existing building to the south. The Board adopted a condition that the proposed structure match the design of the existing building, including colors, textures, materials, roof pitch, and related features to ensure compatibility. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: The proposed use will be enclosed in a structure with a locked door, preventing access to those not authorized and mitigating public health and safety issues. The proposed telecommunications system requires a generator that will be located west of the proposed structure, approximately 12 feet from the property line. The generator is expected to produce 64 decibels of sound, which is similar to air conditioning units at 100 feet away (60dB), TV audio & vacuum cleaners (70dB), or a normal conversation. The site plan shows a 6-foot tall privacy fence enclosing the generator. The Board adopted a condition that the privacy fence be solid to mitigate potential spillover noise onto adjacent properties. The proposed system would provide internal and cable options to Iowa City residents, improving general welfare. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: The proposed use will allow for another internal service provider in Iowa City and increase bandwidth capabilities. The proposed structure is small (240 square feet), is in the rear northwest comer of the property, and is screened from the view of adjacent residential properties. The application indicates that the proposed structure enclosing the use will blend into the existing building. The Board adopted a condition that the proposed structure match the design of the existing building to mitigate the visual impact of the building for nearby uses. The proposed hub requires a small generator to power it, which is expected to produce 64 decibels of sound. The site plan shows a privacy fence enclosing the generator and the Board adopted a condition that the privacy fence be solid to mitigate potential spillover noise onto adjacent properties. The Board concludes that establishment of the speck 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 subject property is fully developed, as are surrounding lots. • The proposed structure is set back from adjacent property lines and pmposed landscaping improvements to the site will mitigate any visual impacts. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: a, The area is fully developed with access to utilities and other necessary facilities. Staff will ensure compliance during site plan and building permit review. W P V` The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • The proposed structure is located on a lot that has adequate circulation and parking from an alley that is accessed via Westwinds Drive. The use is not expected to substantially increase traffic as it would only need occasional maintenance. • A dumpster enclosure is directly east of the proposed use. However, there is adequate space for parking between the enclosure and proposed structure, and there is adequate space for garbage trucks to access the enclosure. • A pedestrian mute is proposed north of the building to provide access. 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: • There are no minimum parking requirements for this use. • Where a side or rear lot line in a Community Commercial (CC-2) zone abuts a residential zone, the minimum setback must at least equal the setback in the abutting residential zone. The property to the west is zoned Low Density Multi -Family Residential (RM-12), which requires a 20-foot rear setback. The site plan shows that the proposed use is set back 17 feet from the abutting residential property. The applicant may either shift the building 3 feet east or request a minor modification to reduce the setback by 3 feet (15%). This will need to be addressed for the site plan to be approved. • The proposed generator is 12 feet from the west property line. As an accessory mechanical structure, this meets the accessory setback standards for the zone. • Based on a preliminary review, all other standards appear to be met. Staff will ensure compliance with all other 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 Comprehensive Plan future land use map designates this area as General Commercial. • The Southwest District Plan future land use map designates this area as No,ighbor*od Commercial. rn • The Southwest District Plan encourages the development of businesses thatprovlqil, goods, services and amenities to the neighborhood. v DISPOSITION: By a vote of 4-0, the Board approved a basic utility use for a— - telecommunications hub located at 755 Mormon Trek Boulevard, sub)ect to the: fdllowgg conditions: a m 1. The exterior of the structure for the proposed use shall match the exterior of the existing building to which it will be attached, including colors, textures, materials, roof pitch, and related features, to be approved during site plan review. 2. The generator used to power the telecommunications hub shall be enclosed by a 6-foot tall, solid privacy fence to mitigate noise spillover onto adjacent properties. � m _. 2. EXC21-0003: A public hearing regarding a special exception application submitted by LT Leon Associates to allow a drive -through facility in a Community Commercial (CC-2) zone for online grocery pick-up at 1125 N. Dodge 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 property has two public vehicular access points from N. Dodge Street to the south and two from St. Clement Street to the north, which are connected by north - south internal drives and east -west parking aisles. St. Clement Street is classified as local street while N. Dodge is classified as an arterial. • The proposed drive -through lanes are accessed from the internal cross access drive nearest the building and exit into the surface parking lot. The facility cannot be accessed directly from a street. • While the small parking areas around the drive -through lanes have two-way access. the drive -through lanes are one-way from east to west. (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 being proposed as part of the project. • Pedestrian access through the site will be retained and a sidewalk route will be added to the Aisles Online kiosk for employees. The existing pedestrian route is demarcated with colored pavement where it crosses the internal drive. The crossing is approximately 20-feet long. • Additional painted areas will provide access from the kiosk to individual cars to facilitate safety while orders are loaded. (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- l6ugh fatalities associated with eating establishments and a minimum of four (4) stackingspaces for banking, pharmacies, and similar nonfood related drive -through faplities, "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 {tacking 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 3 drive -through lanes, each with 6 stacking spaces, for a total of 18 vehicles. The drive -through facility is for pick-up only, not ordering. This meets the required number of stacking spaces. • Peak hours are estimated from 4:00 pm to 6:00 pm, Monday through Friday. • The drive -through lanes are far enough from the access drive to accommodate potential spillover traffic and to minimize traffic safety impacts. • The Board adopted substantial compliance with the site plan as a condition of approval to ensure that 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 at all access points to the drive -through facility and in the dare -through lanes. • Signage to direct vehicles to the drive -through are located at the entrance to the access drive. • Pavement markings denote drive -through lanes and loading areas. • No pedestrian routes cross the drive -through lanes. Where there is a pedestrian crossing to the north, it is demarcated with colored concrete to promote safe pedestrian movement. 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 oonw with adjacent uses or pedestrian access. and does not compromise the character 61 the streetscape or neighborhood in which it is located. - - -n ri • The drive -through lanes are on the nonstreet-facing facade of the kiosk' -` (2) Drive -through lanes must be set back at least ten feet (10') from adjacent lot IirWs and public rights of way and screened from view according to the design standank below. <a • Drive -through lanes are more than 30 feet from the St. Clement Street rightof-way and will be screened by the kiosk and landscaping to the S3 standard. • A landscape plan will be submitted as part of the site plan review. 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 •o•ero sipawee wnnaom: 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 drive -through is proposed in a central location on the north side of the site, which is across St. Clement Street from single-family and duplex homes. • The site plan shows three 10- to 12-foot wide drive -through lanes, partially under an awning, and a kiosk between the drive -through lanes and St. Clement Street for part of the length of the lanes. • Nearly all proposed paving replaces existing paving, except where parking islands would be removed and/or otherwise affected. • S3 screening is required between the drive -through lanes and the St. Clement Street right-of-way. Landscaping along St. Clement Street will be replaced, and two trees in parking Islands will be removed. Compliance with parking lot landscaping standards will be reviewed at the site plan stage, including Landscaping and Tree Requirements Within Parking Areas (14-5A-51). Because of these standards, additional tree islands may be required. • The Conditional Zoning Agreement (Ordinance No. 21-4860) requires that any structure with canopies, including the proposed kiosk, shall be of a quality design appropriate for property near residential neighborhoods with features such as stone and masonry materials, standing seam metal roofs, and muted colors. The Design Review Committee must review and approve prior to issuance a building permit. • The proposed improvements will help maintain the safety of those utilizing the walkways and will not diminish the design quality of the streetscape nor the pedestrian environment. (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 (S) in height and shall be designed to complement the principal building on the site. t: Landscaping along St. Clement Street shall be replaced to the S3 standard. Part. of the drive -through lanes would be screened by the proposed kiosk, while the remainder will be screened by the future landscaping. f3) 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 W6e. The drive -through facility is proposed for pick-up only. • Incremental time slots for customers are used to help plan orders and reduce idling on tits site. • Employees bad customers' cars, so while doors are included in the fa,ade of the kiosk, no service windows are provided. (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 drive -through facility, except for demarcated areas where employees will bad vehicles. • Some conflicts may arise between vehicles accessing the drive -through lanes and vehicles accessing nearby parking, but there is adequate room for vehicles to maneuver and adequate signage and pavement markings to direct traffic. • The Design Review required by the Conditional Zoning Agreement will ensure the building is also integrated into the surrounding streetscape. • The proposed facility will be similar to the current parking spaces on the site as both are auto -oriented uses, so the proposed use will retain consistent design. (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. • A photometric plan was submitted as part of the application. • Staff shall review any new lighting for the site in compliance with current code„ standards as part of the site plan review process. 7 (6) (Repealed.) _ -- (7) Loudspeakers or intercom systems, if allowed, should be located and directed to minimize disturbance to adjacent uses. Special consideration should be givenYo locations adjacent to residential uses to ensure such systems do not diminish the-� residential character of the neighborhood. • No loudspeakers or intercom systems are part of this project. • The Board adopted a condition that no external loudspeakersor intercom systems be installed in the future to mitigate potential future issues associated with noise. 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 follovnng findings: • The proposed drive -through facility is not expected to increase vehicular traffic to the site, as it is anticipated that drive -through trips will primarily replace in -sore trips. • Vehicular circulation and access are adequate to the accommodate drive -through traffic as long as they conform to the site plan as submitted. • To ensure a smooth flow of traffic, the Board adopted a condition that drive -through lanes remain pick-up only. • No new vehicular and pedestrian conflicts are created by the proposed drive -through facility, except for areas where employees will bad vehicles. • While there may be some potential conflicts between vehicles that are parking and vehicles that are utilizing the drive -through lanes, there is adequate room to maneuver, and pavement markings and signage are sufficient to ensure safe traffic flows. 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: • Screening to the north will mitigate impacts to the stmetscape and adjacent properties. • The Conditional Zoning Agreement requires that any structure with canopies, including the proposed kiosk, shall be of a quality design appropriate for property near residential neighborhoods with features such as stone and masonry materials, standing seam metal roofs, and muted colors. The Design Review Committee must review and approve prior to issuance a building permit. • Because the proposed facility Is adjacent to residential uses, the Board adopted a condition that hours of operation be limited from 6:00 am to 9:00 pm weekdays and from 6:00 am to 10:00 pm weekends to mitigate any potential Impacts due to noise. • No loudspeakers or intercom systems are part of this project. 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. • 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 necessary facilities are established for this neighborhood and can meet the proposed site requirements. • Pedestrian access will be maintained between the right-of-way and subject property. • Proposed internal circulation is sufficient for vehicular and pedestrian access. • The project will include relocating the existing Electric Vehicle charging station and light r'pole/vertical wind turbine. e Thp 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 fi"jjngs: a.. • vThere is adequate space for 18 vehicles to stack in the drive -through lanes with � acklibonal space for overflow. • -The proposed drive -through lanes and kiosk are accessed from internal drives and will exit into the parking area. • 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 is traffic expected to increase. 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 replace existing parking spaces. However, the site would retain 215 proposed parking spaces, which Is above the parking requirement of 189 spaces. • The proposed project will remove two existing tree planters in the parking area. The standards for Landscaping and Tree Requirements Within Parking Areas (14-5A-51) require that every parking space is within 40 feel of a small tree or 60 feet of a large tree. Depending on the size of surrounding trees, it is possible that additional tree islands may be needed to ensure compliance with these standards. Staff will review the landscaping plan during site plan review to ensure compliance. • The Conditional Zoning Agreement requires that any structure with canopies, including the proposed kiosk, shall be of a quality design appropriate for property near residential neighborhoods. The Design Review Committee must review and approve prior to issuance a building permit. • Staff will ensure the site design conforms with all other applicable zoning standards and regulations, including screening, lighting, and signage requirements, 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: • The Future Land Use Map of the Comprehensive Plan designates this area as General Commercial, and the Future Land Use Map of the North Distinct Plan designates this area as RetaiUCommunity Commercial. • The Comprehensive Plan supports 'encouraging the retention and expansion of existing businesses'. • The current primarily land use of this property is consistent with the Comprehensive and District Plans and will not change because of the proposed special exception. DISPOSITION: By a vote of 4-0, the Board approved a drive -through facility for online grocery pick-up located at 1125 North Dodge Street, subject to the following conditions: 1. Substantial compliance with site plan dated June 8, 2021. - - 2. The drive -through lanes shall remain pick-up only. 3. Installation of external loudspeakers or intercom systems is prohibited. 4. Hours of operation are limited from 6:00 am to 9:00 pm weekdays and from:6:00 am to 10:00 pm weekends. .- EXC21-0004: A public hearing regarding a special exception application submitted by LT Leon Associates to allow a drive -through facility in a Community Commercial (CC-2) zone for online grocery pick-up at 1720 Waterfront Drive. 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 eodeep sipmve wn : 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 property has three vehicular access points from Boyrum Street to the east and three from Waterfront Drive to the west, which are connected by two east -west internal drives and north -south parking aisles. Both streets are classified as local streets. • The proposed drive -through lanes are accessed from the internal cross access drive directly north of the building and exit into the southem-most internal access drive. The facility cannot be accessed directly from a street. • The drive -through lanes have a one-way access point from north to south. (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 or existing pedestrian routes are being proposed as part of the project. The existing pedestrian route is demarcated with colored pavement where it crosses the parking aisles. Crossings are approximately 25 to 35 feet long. • The pedestrian path will cross the drive -through facility but is already demarcated which promotes safe pedestrian movement, and no new conflicts are created. • The Aisles Online addition Includes an employee access route through the store, and the pedestrian route directly east of the building will be retained. Additional painted areas will provide access from the addition to individual cars to facilitate safety while orders are loaded. (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., zHrive- through that is to be used for pick up only and not ordering). The site plan shows 4 drive -through lanes, each with 5 stacking spaces, for a total of 20 vehicles. The drive -through facility is for pick-up only, not ordering. so staff believes this is adequate due to the unique chamcterisfics of the use. • Peak hours are estimated from 4:00 pm to 6:00 pm, Monday through Friday. • The drive -through lanes are far enough from the access drive to accommodate limited spillover traffic and to minimize traffic safety impacts. • The Board adopted substantial compliance with the site plan as a condition of approval to ensure that 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 at all access points to the drive -through facility and in the drive -through lanes. • Signage to direct vehicles to the drive -through are located at the entrance to the access drive, and a do not enter sign is located at the exit. • Pavement markings denote drive -through lanes and loading areas and a landscaped planter separates the drive -through lanes from the parking aisle. • All pedestrian crossings are demarcated with colored concrete, which helps ensure safe pedestrian movement. 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 subdistricls 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 streetscepe or neighborhood in which it is located. • The drive -through lanes are on the Boyrum Street -facing facade of the building. • This location is preferable for the overall safety and efficiency of the site because the proposed facility utilizes the existing building facade. • The street -facing location does not affect pedestrian access. • The neighborhood is commercial, and the drive -through facility will replace existing cur -oriented uses and will enhance existing landscaping. As a result, the location will not conflict with adjacent uses or the character of the neighborhood. • To ensure a consistent viewshed for the stmetscepe, the Board adopted a condition that the new Aisles Online addition must harmonize with existing buildings as it relates to materials, colors, textures, lines, and masses, to be reviewed with the site plan. (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. • Drive -through lanes are approximately 100 feet from the Boyrum Street right4way and will be screened by existing landscaping to the S2 standard and by trees planted in a new 16-foot landscape planter that is pan of the project. • A landscape plan will be submitted as part of the site plan review. 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 proposed facility is east of the building in the southeast comer of the site, which is across Boyrum Street from commercial uses. • The site plan shows four 10- to 12-foot-wide drive -through lanes, partially under an awning, with an addition to the west of the lanes. • Nearly all proposed paving replaces existing paving. • S2 screening is required between the drive -through lanes and the Boyrum Street right-of-way. Existing trees and landscaping along Boyrum Street will be retained, and additional trees will be planted in a new 16-foot wide landscaping median. • The existing pedestrian pathway delineated with colored pavement will be retained from Boyrum Street to the store entrance as part of the project. The pedestrian walkway crosses where cars will turn to enter the drive -through lanes, which will ensure requires cars to yield and maintains pedestrian safety. • The proposed improvements will help maintain the safety of those utilizing the walkways and will not diminish the design quality of the streetscape nor the pedestrian environment. (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 hverfront 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. • Existing landscaping along Boyrum Street will be retained at the S2 standard, and additional landscaping will be provided between the proposed drive -through facility and street. • The drive -through facility is not adjacent to residential uses. v: 6) Multiple windows servicing a single stacking lane (e.g., order board, payment ivinclow, pick up window) should be considered to reduce the amount of idling on the site. •'��� The drive -through facility is proposed for pick-up only. • Incremental time slots for customers are used to help plan orders and reduce idling on the site. • Employees bad customers' cars, so while doors are included in the facade of the kiosk, no service windows are provided. (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 stmetscape design of the neighborhood in which it is located. • No new vehicular and pedestrian conflicts are created by the proposed drive -through facility, except (or demarcated areas where employees will bad vehicles. • The landscape median will reduce potential vehicular conflicts. • Adopted conditions will help integrate the proposed use into the surrounding landscape and streetscape design. • The neighborhood is commercial in nature, and the proposed facility will be similar to the current parking spaces on the site as both are auto -oriented uses. (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. • A photometric plan was submitted as part of the application. • Staff shall review any new lighting for the site in compliance with current code standards as part of the site plan review process. (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. • No loudspeakers or intercom systems are part of this project. • The Board adopted a condition that no external loudspeakersor intercom systems be installed in the future to mitigate potential future issues associated with noise. 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 facility is not expected to increase vehicular traffic to the site, as it is anticipated that drive -through trips will primarily replace in-store trips. • Vehicular circulation and access are adequate to accommodate drive -through traffic as long as they conform to the site plan as submitted. • To ensure a smooth flow of traffic, the Board adopted a condition that drive -through, lanes remain pick-up only. (; • No new vehicular and pedestrian conflicts are created by the proposed stacking spaces and driveways, except for areas where employees will load vehicles. • Pavement markings and signage are sufficient to ensure safe traffic flows. 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: • Screening to the east will mitigate impacts to the streetscape and adjacent properties. • The proposed uses and development are compatible with those of nearby properties. • Conditions as adopted help ensure a consistent building appearance. • No loudspeakers or intercom systems are part of this project. 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 commercial and intensive 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 mads, and necessary facilities are established for this neighborhood and can meet the proposed site requirements. • Pedestrian access will be maintained between the right-of-way and subject property. • Proposed internal circulation is sufficient for vehicular and pedestrian access. • The project wilt include removing an existing stone sewer line and rerouting the roof drains. Staff will ensure compliance with all applicable standards during site 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: • There is adequate space for 20 vehicles to stack in the drive -through lanes with limited space for overflow. • The proposed drive -through lanes are accessed from internal drives and will likely exit onto Boyrum Street. • 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 is traffic expected to increase. The Board concludes that except for the specific regulations and standards applicable to the exWtion being considered, the specific proposed exception, in all other respects, conforms to applicable regulations or standards of the zone in which it is to be located based on the following findings: • The proposed use will replaceexisting parking spaces. However, the site would retain -455 proposed parking spaces, which is above the parking requirement of 329 spaces. • Staff will ensure the site design conforms with all applicable zoning standards and regulations, including screening, signage and lighfing requirements, during the site plan review. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use Map of the Comprehensive Plan designates this area as General Commercial, and the Future Land Use Map of the South District Plan designates this area as Commercial. • The Comprehensive Plan supports'enceureging the retention and expansion of existing businesses'. • The current primarily land use of this property is consistent with the Comprehensive and District Plans and will not change because of the proposed special exception. DISPOSITION: By a vote of 4-0, the Board approved a drive-thmugh facility for online grocery pick-up located at 1720 Waterfront Drive, subject to the following conditions: 1. Substantial compliance with the she plan dated August 20, 2021. 2. The drive -through lanes shall remain pick-up only. 3. Installation of external loudspeakers or intercom systems is prohibited. 4. The new building addition must harmonize with existing buildings on the site as it relates to building materials, oolors, textures, lines, and masses, as determined by the Development Services Coordinator during site plan review. 4. EXC21-0014: A public hearing regarding a special exception application submitted by LT Leon Associates to allow a drive -through facility in a Community Commercial (CC-2) zone for online grocery pick-up at 812 S. 10 Avenue. The Board concludes that the following specific standard found at 14-4C-2K-3a wilt 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 property has three vehicular access points from S. 1 at Avenue to the west and one from Muscatine Avenue to the south, which are connected by two -east -west internal drives and norm -south parking aisles. Both streets are classified as mior arterials � • e• • The proposed drive -through facility is accessed from a parking aisle which can only be reached from S. 1st Avenue. Access is not available through the surface parking lot areas. The facility cannot be directly accessed from a street. • The drive -through lanes have a one-way access point from north to south. (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 being proposed as part of the project. • The existing pedestrian mutes are not currently demarcated where they cross the parking aisles or drives. • The existing southern pedestrian route will cross the proposed drive -through facility, but the site plan shows the route would be striped which will help provide for safe pedestrian movement. Crossings are approximately 16 to 24 feet long. • The site plan shows that the existing northern pedestrian route would also be striped where it crosses the internal drive as part of the project. The crossing is approximately 25 feet long. (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 drive -through lanes, each with at least 9 stacking spaces, for a total of more than 18 vehicles. The drive -through facility is for pick-up only, not ordering. This meets the required number of stacking spaces. • Peak hours are estimated from 4:00 pm to 6:00 pm. Monday through Friday. • The drive -through lanes are far enough from the access off S. 1st Avenue to accommodate limited spillover traffic and to minimize traffic safety impacts. • The Board adopted substanfial 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 at all access points to the drive -through facility and in the drive -through lanes. Signage to direct vehicles to the drive -through are located at the entrance to the access drive, and a do not enter sign is located at the exit. • Pavement markings denote drive -through lanes and a raised curb separates the drive -through lanes from the parking aisle and drive. v. memo:�ee,r„ ,e.�.n•.m�. • All pedestrian crossings will be demarcated with pavement markings as part of the project, which helps ensure safe pedestrian movement. The Board concludes that the following specific standard found at 144C-2K-3b will be met regarding Locafion. 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 drive -through lanes are on the S. 1 st Avenue -facing facade of the building. This location is preferable for the overall safety and efficiency of the site because the proposed facility will utilize the existing building larade • The street -facing location does not affect pedestrian access. Marked pedestrian crossings will improve safety. • While areas to the north are residential, the area directly across S. 1st Avenue is commercial. The drive -through facility will replace existing car -oriented uses and will enhance existing landscaping. As a result, the location will not conflict with adjacent uses or the character of the neighborhood. • The proposed drive -through facility expands an existing drive -through area, though the project does not include any new structures. Because the property is in the Towncrest Design Review District, design review is required which will help ensure consistency with the Towncrest Design Plan standards for parking, landscaping, and signage. (2) Drive -through lanes must be set back at least ten feel (10') from adjacent lot lines and public rights of way and screened from view according to the design standards below. • Drive -through lanes are more than 40 feet from the S. list Avenue right-of-way and will be screened to the S2 standard. • A landscape plan will be submitted as part of the site plan review. The Board concludes that the following specific standard found at 14-4C-2K-3c will be met. Design Standards: The number of cinve-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 doesnot diminish the design quality of the streetscape or the safety of the pedestrian environment. .. si timrewrm • The proposed facility is west of the building in the center of the site, which is across S. 1st Avenue from commercial uses. • The site plan shows two 12-foot-wide drive -through lanes along the west edge of the existing building and utilizes an existing awning. • Nearly all proposed paving replaces existing paving, except where a small, landscaped area would be modified. • S2 screening is required between the drive -through lanes and S. 1 st Avenue right-of- way. Existing landscaping will be enhanced as part of that screening. • The pedestrian pathways from S. 1st Avenue will be enhanced as part of the project, which includes striping where the routes cross drives and a small pedestrian island in the drive -through facility. • The proposed improvements will help maintain the safety of those utilizing the walkways and will not diminish the design quality of the streetscape nor the pedestrian environment. (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 riverfronl 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. • Existing landscaping along S. tat Avenue will be enhanced to the S2 standard. • The drive -through facility is not adjacent to residential uses. (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. • The drive -through facility is proposed for pick-up only. • Incremental time slots for customers are used to help plan orders and reduce idling on the site. • Employees bad customers' cars, so while doors are included in the fagade of the kiosk, no service windows are provided. (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 drive -through facility, except for demarcated areas where employees will bad vehicles. � • A curb between the drive -through lane and parking aisle will reduce potential vehicular conflicts. • Where vehicles exit the drive -through facility, they must cross the existing cross access drive. However, cars will leave straight ahead, one at a time, and the area in front of the store has slow traffic speeds which help ensure traffic safety. • Landscaping will be enhanced as part of the project, and the project Is subject to the Towncrest Design Review standards. This will help integrate the proposed use into the surrounding landscape and sireetscape design. • Adjacent uses are commercial in nature, and the proposed facility will be similar to the current parking spaces on the site as both are auto -oriented uses. (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. • A photometric plan was submitted as part of the application. • Staff shall review any new lighting for the site in compliance with current code standards as part of the site plan review process. (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. • No loudspeakers or intercom systems are part of this project. • The Board adopted a condition that no external loudspeakers or intercom systems be installed in the future to mitigate potential future issues associated with noise. 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 facility is not expected to increase vehicular traffic to the site, as it is anticipated that drive -through trips will primarily replace in-store trips. • Vehicular circulation and access are adequate to accommodate drive -through traffic as long as they conform to the site plan as submitted. • To ensure a smooth flow of traffic, the Board adopted a condition that drive -through lanes remain pick-up only. • No new vehicular and pedestrian conflicts are created by the proposed stacking spaces, except for areas where employees will bad vehicles. • While there may be some potential conflicts between vehicles entering the drive -through lanes and trucks utilizing the loading area, and vehicles exiting the drive -through lanes, there is adequate room to maneuver, pavement markings and signage are sufficient to ensure safe traffic flows, traffic speeds are slow, and truck traffic can be scheduled to coincide with non -peak hours to reduce conflicts. • The pedestrian route currently leads to a door which may not be open to the public. If the door is closed to the public, safety is compromised because there is not a complete pedestrian route from the sidewalk into the building. The Board adopted a condition that there be a complete, demarcated pedestrian route at least 4 feet in widtty from tf sidewalk to the interior of the building, to be approved as part of the design review process. ^' v3 ca 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: • Screening to the west will mitigate impacts to the streetscape and adjacent properties. • The property is in the Townrrest Design Review District, so any new buildings, parking, landscaping, and wayfinding signage will require staff design review, which helps provide a consistent design with the standards in the Towncrest Design Plan. • No loudspeakers or intercom systems are part of this project. 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. • 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 necessary facilities are established for this neighborhood and can meet the proposed site requirements. • Pedestrian access will be enhanced between the right-of-way and subject property. • Proposed internal circulation is sufficient for vehicular and pedestrian access. • The project will include relocating an existing bicycle rack. 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 mare than 18 vehicles to stack in the drive -through lanes with limited space for overflow. • The proposed drive -through lanes are accessed from a parking drive aisle and will exit onto a shared cross access drive. Where vehicles exit, they must cross the access drive, but there is adequate space to wait for a break in traffic and traffic speeds are slow. • 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 Is traffic expected to increase. The4oard concludes that except for the specific regulations and standards applicable to the exg0tion 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 lhe"fellowingfindings: c� • Ifie proposed use will replace existing parking spaces. However, the site stilt proposes do retain 399 proposed parking spaces, which Is well above the parking requirement of `f 20 parking spaces. • The parking areas were developed prior to anent zoning standards. Where pavement is removed and replaced, the parking lot must be brought into compliance with arrant design standards. Staff will ensure compliance during site plan review • The property is in the Towncrest Design Review District, which requires consistency with the standards in the Towncrest Design Plan, including those related to parking, landscaping, and signage. Staff will ensure compliance through design review. • The subject property contains sensitive areas which include a part of the South Branch Ralston Creek and the 100-year flood zone. During site plan review, staff will ensure work is conducted outside of flood hazard areas and sensitive areas buffers. If work is completed within those areas, a separate sensitive areas application will be required. • Staff will ensure the site design conforms with all other applicable zoning standards and regulations during the subsequent site plan and design review. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use Map of the Comprehensive Plan designates this area as General Commercial, and the Future Land Use Map of the Southeast District Plan designates this area as Commercial. • The Comprehensive Plan supports 'encouraging the retention and expansion of existing businesses'. • The current primarily land use of this property is consistent with the Comprehensive and District Plans and will not change because of the proposed special exception. DISPOSITION: By a vote of 3-1 (Carlson against), the Board approved a drive -through facility for online grocery pick-up located at 812 South 1° Avenue, subject to the following conditions: 1. Substantial compliance with site plan dated August 6, 2021. 2. The drive -through lanes shall remain pick-up only. 3. Installation of external loudspeakers or intercom systems is prohibited 4. A complete, demarcated pedestrian route at least 4 feet in width from the sidewalk to the interior of the building must be approved as pan of the design review process. 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•y,. W9 m Amy Pretorius. Chairperson Approved by: qikl� 9--dYr4t. City Attorney's Office r7 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 S" day of September, 2021 as the same appears of record In my Office. Dated at Iowa City, this 2"I' "— day of 'ar , 20 �—W