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HomeMy WebLinkAbout2020-07-14 BOA Decisionfeel Prepared by: Kirk Lehmann, Asspri ne Fanner, 410 E. Washbngton, 1a City, IA 52240; 318-356-5230 DIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 0281ON 69850014 Type: GEN Ktntl: DECed: 07/3 Recorded: 72.00/Pape at 01:15:02 PN Fee Ant: County Pape 1 of 14 Sohn Pal ter Co Iowa ty Kim Palmer County Recorder BK6265 PG209-222 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JULY 14, 2020 ELECTRONIC MEETING —ZOOM MEETING PLATFORM MEMBERS PRESENT: Nancy Carlson, Bryce Parker, Amy Pretorius, Mark Russ;-, —. �rh D= MEMBERS ABSENT: Gene Chrischilles STAFF PRESENT: Sue Dulek, Kirk Lehmann :< a iTj C SPECIAL EXCEPTION ITEMS: ry 1. EXC21-0006: A public hearing regarding a special exception application submitted by Iowa City Ready Mix, Inc. requesting to enlarge an existing heavy manufacturing use in a General Industrial (1-1) zone to construct an addition at 1854 S. Riverside Drive. The Board concludes that the proposed use is located at least five hundred feet (500') from any residentially zoned property based on the following findings: • There are no residentially zoned properties within 500 feet. • The closest residential zone is more than 1,000 feet from the subject property. The Board concludes that all proposed outdoor storage and work areas are located and screened to adequately reduce the noise, dust, and visual impact of the proposed use from surrounding properties based on the following findings: • The proposed addition to the primary building will allow for manufacturing equipment and silos to be replaced and enclosed in the building envelope, which will reduce noise and dust. Other buildings on the property will not be impacted by the addition. • The addition includes updates to the fayade which will have a positive visual impact. The Board concludes that traffic circulation and access points are designed to prevent hazards to adjacent streets or property based on the following findings: • The property is accessed from 3 curb cuts on S. Riverside Drive, which acts as a frontage road for Old Highway 218. • Most of the site around the primary building is paved which provides access through and around the site, including to the other buildings and equipment. • The addition will retain adequate space for circulation to the north and east of the primary building and will otherwise not affect circulation or access. • Additional daily truck traffic is not expected to significantly increase due to the proposed improvements. 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: MloaO sigroNre renfiutlon: • The proposed addition will enclose new manufacturing equipment within the building. • The new equipment is expected to decrease load times into mixers and increase onsite storage capacity, which decreases reliance on shipping tankers and dump trucks. Daily truck traffic is not expected to significantly increase. • The roads surrounding this use do not have sidewalks or bike trails, so pedestrian interaction with the subject property is minimal. • The property is in the 300-year floodplam, so a floodplain permit will be required to document that the proposed addition will not be in the 100-year floodplam. 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 addition is in the transitional zone of the municipal airport to the west which restricts maximum building height to 75 feel. The proposed addition is less than this and will thus not impair the use of the airport. The Federal Aviation Administration has already accepted the proposed addition (Project: IOWA—000639526-21). • Properties to the south are zoned 1-1 and contain industrial uses. Owners have not raised concerns over the proposed addition. • Trees to the north and east screen the use from public trails across the Iowa River. • The proposed project will improve the building's appearance and will not negatively impact surrounding properties or their property values. 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 distinct in which such property is located based on the following findings: • The proposed addition is relatively small, and the enlarged building will be more than 100 feet from adjacent properties to the west and south and more than 50 feet from public property to the north. • The surrounding neighborhood is already developed with industrial and public uses, and the proposed addition will not affect future development or improvement. The Board concludes that adequate utilifies, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • The site has access to adequate utilities, and improvements to utilities, where required, must be approved by the appropriate entity prior to construction. • Roads, access drives, and stormwater management will not be significantly affected by the proposed addition. • Compliance with the City's building code and related requirements will be reviewed during the site plan and building permit processes. The Board concludes that adequate measures have been or will be taken to provide ioAress or egress designed to minimize traffic congestion on public streets based on the f_olloW, ng findings: _ y LD —IC: _ s _ " N vamp:iq•ev.wamean: • The property is accessed from S. Riverside Drive which acts as a frontage road to Old Highway 218. Because S. Riverside Drive forms a dead-end north of the property, traffic is primarily limited to vehicles accessing the subject property. • The property will retain adequate space for circulation around the building. • The proposed addition is not expected to significantly increase traffic to the site. 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 addition will be approximately 50 feet tall, which is higher than the 45- foot maximum building height allowed in the 1-1 zone. However, the maximum building height may be increased by 1 foot for every 2 feet of additional setback (Section 14- 2D-4C-4a). The building is set back adequately from all lot lines to allow for approximately 8 feet of additional building height, so the proposed addition complies with this standard. • Buildings on the site total 20,886 square feet, and heavy manufacturing uses require 1 off-street parking space for every 750 square feet of floor area and 2 off-street loading spaces for uses between 20,001 and 40,000 square feet. The proposed addition will add approximately 600 square feet, which will require an additional parking space but no additional off-street loading spaces when looking at parking across the site. • The Sensitive Areas Ordinance requires a 50-foot buffer between the Iowa River and any development activity, but the proposed addition is not within that buffer. • Staff will ensure the site design conforms with all applicable zoning standards and regulations, including requirements related to parking and sensitive areas, during the site plan review. • The property is in the 100-year floodplain, but the proposed addition appears to be outside the floodplain. The applicant will need to confirm this by obtaining a floo4am permit prior to issuance of a building permit. The Board concludes that the exception is consistent with the Comprehensive-BIai1 q(jhe --- City, as amended, based on the following findings: �r m a � • The Future Land Use Map of the Comprehensive Plan designates this arej�br_= General Industrial, and the Future Land Use Map of the South Central *6'Jct I%n designates this area for Industrial / Manufacturing Uses. _ • One of the Comprehensive Plan's goals is to "Increase... the property tax base y encouraging the retention and expansion of existing businesses...' • The current land use of this property is consistent with the Comprehensive and District Plans and will not change because of the proposed special exception. DISPOSITON: By a vote of 4-0, the Board approved enlargement of a heavy manufacturing use within a General Industrial (1-1) zone for the property located at 1854 S. Riverside Drive in order to construct an addition. 2. EXC21-0007: A public hearing regarding a special exception application submitted by Shive- Hattery on behalf of Regina Catholic Education Center requesting to enlarge an existing general education facility use in a Low Density Single -Family Residential (RS-S) zone to construct an addition at 2150 Rochester Avenue. eonoop� mture.e„kanoo: The Board concludes that the following specific standard is met: "The following setbacks are required in lieu of the setbacks specified in the base zone. However, the board of adjustment may reduce these setbacks, subject to the approval criteria for setback adjustments as specified in subsection 14-2A-485, 'Adjustments to Principal Building Setback Requirements', of this title. (1) Front: Twenty feet (20'). (2) Side: Twenty feet (20'). (3) Rear: Fifty feet (50').' This is based on the finding that the proposed additions will be on the central, south side of the building which complies with all enhanced setback requirements for general educational facilities. The Board concludes that the following specific standard is met: "The proposed use will be designed to be compatible with adjacent uses. The board of adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The board of adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Additional requirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and location and design of buildings." This is based on the following findings: • This general educational facility use has been in place since 1958, and multiple additions have been approved by special exception over the years. • Buildings on the site total approximately 165,000 square feet, and the proposed additions total 1,850 square feet, which is small compared to the scale of the building. • The additions are not expected to increase occupancy due to the uses of the existing and proposed space. The site plan indicates that the existing building in the proposed renovation area has an occupancy of 303, while the proposed building additions and renovated areas will decrease the occupancy to 277. Occupancy will be calculated during the building permit review. • The proposed use will retain compatibility with adjacent uses. The Board concludes that the following specific standard is met: "Given that large parking lots can seriously erode the single- family residential character of these zones, the board of adjustment will carefully review any requests for parking spaces beyond the minimum required. The board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on street parking, the estimated parking derinand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use." This is based on the following findings: • Regina has two primary parking lots, one to the south along Rochester Avenue with approximately 130 spaces, and one to the north of the building with approximately 170 spaces. No new parking spaces are being proposed as part of this application. • The required minimum parking for the use is approximately 226 spaces, and the proposed additions are small. Regina will retain adequate parking to accommodate new space and will otherwise not modify onsite parking. The Board concludes that the proposed use will not have significant adverse effecis on the livability of nearby residential uses due to noise, glare from lights, late nigh[9?eroons, .. odors, and litter based on the following findings: n< N - �n �O �r m Mc (( - s Es N awoo•vpwure.ennw�o�: • The proposed additions are small compared to the overall scale of the building and are not expected to increase occupancy. • The proposed additions are approximately 450 feet from any neighboring residential uses and will not have significant adverse effects on the livability of those uses. The Board concludes that the following spec standard is met: "The building official may grant approval for the following modifications to an educational facility, without approval from the board of adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located: (1) An accessory storage building less than five hundred (500) square feet in size. (2) A building addition of less than five hundred (500) square feet, provided the addition does not increase the occupancy bad of the building." This is based on the findings that because the proposed addition is 1,850 square feet, the building official cannot approve the additions and therefore a special exception is required. The Board concludes that the following specific standard is met: "If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi- family site development standards as set forth in section 14-2B-6 of this title' This is based on the following findings: • Many mufti -family site development standards do not apply to the proposed addition as an institutional use in a single-family zone, including standards related to parking design, building entrances, balconies, and exterior stairs. • The proposed addition will have to comply with certain standards related to aisles and drives, building scale in the Central District, building materials, mechanical equipment, and other standards in the Central Planning District. • Staff shall ensure compliance as part of the site plan review process. This may require minor changes to the site plan to address minimum required setbacks between the internal drive aisle and the proposed addition, or a minor modification. 0 0 The Board concludes that the specific proposed exception will not be detrime�S�2b e`E _i_: endanger the public health, safety, comfort or general welfare based on the "Onl� --�- findings: �ri a T • The proposed additions are specifically designed to improve the safetyg"enwal welfare of the pre -kindergarten program by providing a more secured exillranceq `-- • Staff will ensure additional applicable life and safety standards and regAtionsve met through the building permit process. • Pan of the proposed project includes replacing a curb with an ADA accessible ramp, which will improve the overall accessibility of the building. 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 additions are small and are not expected to increase occupancy. • The proposed additions are approximately 450 feet away from the closest property and will have no negative impact on public view. eo�ma v�awre.er�sn�o�: • The proposed exception will not affect property in the immediate vicinity. 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 open space uses. • The proposed additions are set back far enough from property lines to not affect the development or improvement of surrounding properties. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • The subject property is already developed, and all utilities, access roads, drainage and necessary facilities are established for this neighborhood. • The project will include replacement of an existing sanitary sewer line and improvements to the stormwater management systems. • Staff will ensure all other applicable standards and regulations are met through the site plan review and building permitting processes. 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 site is accessed from a one-way inbound drive from Rochester Avenue and a two- way drive from North 1st Avenue. Internal drives provide access to the building and onshe parking. The site also contains a one-way outbound drive to Rochester Avenue. • No changes are being proposed to the existing driveway, public sidewalk, or street. • Pedestrian access to the building will be slightly modified with the replacement of a curb with an ADA accessible ramp, which will improve overall accessibility. • The proposed additions will not affect onsite parking, and adequate measures are already being taken to minimize traffic congestion on public streets. The Board concludes that except for the specific regulations and standards applicableto 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 additions will not cause the property to exceed the maximum lot coverage of 45 percent and will not exceed the maximum height of 35 feet. • All setbacks requirements will be met by the proposed additions. • Staff will ensure all applicable standards and regulations are met through the site plan review and building permitting processes. o a The Board concludes that the exception is consistent with the Comprehens0 Plan.W the -7-; City, as amended, based on the following findings: N r KT a o� a !V rn The Future Land Use Map of the Comprehensive Plan designates this area for Public / Semi-public, and the Future Land Use Map of the Central District Plan designates this area for Private Institutional. The Comprehensive Plan's vision of creating and sustaining healthy neighborhoods asserts the following: "Neighborhood schools, partimlarly elementary schools, are an integral part of healthy, sustainable neighborhoods. Schools serve not only as centers of education but as a focal point for community gathering and neighborhood identity." The current 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 an 1,850 square foot addition to a General Educational Facility use within a Low Density Single -Family Residential (RS-5) zone for the property located at 2150 Rochester Avenue. 3. EXC21-0008: A public hearing regarding a special exception application submitted by Neumann Monson Architects requesting allowance of a Rooftop Service Area for a nonconforming drinking establishment in a Central Business (CB-10) zone at 111 E. College Street. The Board concludes that the following specific standard regarding accessibility is met: "The RSA shall meet all building and fire code requirements, be ADA compliant, include elevator service, and have accessible restrooms provided." This is based on the following findings: • The proposed RSA will be fully accessible with an elevator at the north end of the building providing access and accessible restrooms on the same floor of the building. • The building plans will be reviewed to ensure compliance with all applicable building and fire codes prior to issuance of a building permit. The Board concludes that the following specific standard regarding design at Section 14- 4AA-lb is met. "The RSA shall be designed in an attractive manner that will not detract from adjacent uses, and will prevent nuisance and safety issues. The applicant shall submit a design plan with the application for an RSA that, at a minimum, specifies and illustrates the proposed size, dimensions, setbacks from adjacent buildings and roof edges, occupancy load, layout, landscaping elements, access routes, elevator, and accessible bathrooms. RSAs shall meet the following minimum standards. If a special exception is required, the board of adjustment may impose additional or more restrictive conditions to mitigate any anticipated externalities, including, but not limited to, restrictions on hours of operation, lighting, size, occupancy bad, and setback and screening requirements.' This is base{"n the following findings for each sub -criterion: _ (1) The RSA shall be located directly adjacent to or above the use to whicro- is ---- accessory and there shall not be other uses located on floors in between the, RSAafvtd the use to which it is accessory. -n • The submitted site plan illustrates the proposed dimensions, setbacks; occuPN Y, landscaping, accessibility, accessibility, and other required elements. The Board approved at condition requiring compliance with the submitted site plan. • The proposed RSA is directly adjacent to and above the drinking establishment to which it is accessory. The Reunion Brewery is the only use in this building. ewWa+,ww2K,,nxw�: (2) The RSA must be set back from adjacent upper floor uses and the edge of the roof and screened and completely enclosed within a decorative fence or wall built of high quality, durable materials. Landscaping elements, such as planters and green roofs, may be used to soften views or provide a buffer. The setback and screening must be established in a manner that will not unduly block light, air, or outdoor views from upper floor windows on abutting buildings. • The proposed RSA will be surrounded and screened by the existing exterior walls of the historic building which are 16' tall. • An interior dining area for the associated drinking establishment will separate the RSA from the Pedestrian Mall to the north. • Interior space for the associated drinking establishment will separate the RSA from adjacent upper floor uses to the west, while an existing building parry wall will separate the RSA from adjacent upper floor uses to the east. • The RSA is set back 6' from the south facade, and the existing exterior masonry wall with wood windows fixed per Historic Preservation guidelines will separate the RSA from adjacent upper floor uses to the south. The site plan includes vegetated roof components within this setback area which will provide additional buffering. • The screening is part of the existing building shell will not negatively affect light, air, or outdoor views from abutting buildings. (3) The RSA must be set back a minimum of ten feet (30) from the street facing edge of the roof. A smaller buffer between the RSA and the roof parapet or guardrail may be allowed, provided the buffer is determined to adequately address public safety. The buffer and screen wall shall be of a sufficient depth and/or height and constructed of attractive, durable materials that may also include landscaping elements to prevent persons from leaning or dropping things over the parapet or guardrail that encloses the terrace or rooftop. A design of the proposed buffer and screen wall shall be submitted with the application. • The street -facing side of the property is the Pedestrian Mall to the north. The RSA is set back 24' from the street -facing edge of the roof. • Building space to the north and west, exterior walls to the south and east, and the 6' setback from the exterior wall to the south will help prevent safety issues and nuisances. • The RSA management plan notes there will be a minimum of 5 staff persons on this level who will help ensure safety, address nuisances, and prevent underage drinking and overserving of alcohol. The Board approved a condition requiring compliance with the submitted management plan. (4) The lighting must comply with chapter 5, article G, "Outdoor Lighting Standards", of this title. Except for any lighting required by the building code, lights must be turned off when the RSA is not in operation. A lighting plan shall be submitted that illustrates compliance with these standards. o 0ze • The lighting plan indicates that canopy lights will be the primary exteriggllkht s6rce on the RSA with a total expected output of 6,500 lumens, well below tbert 4111 total light output allowed by code. —i c; W i- • The management plan notes that RSA lights will be turned off when tftr; SA}lnot i use. E5 v • To ensure compliance with lighting regulations, the Board approved a condition requiring approval of a lighting plan be required prior to issuance of a building permit. (5) No signs shall be allowed in or on the exterior wall or fence of the RSA that are within public view, as defined in chapter 9, article A of this tide. • A logo -based mural is planned for the interior portion of the east wall of the RSA, but it will not be visible from any public street, sidewalk, access easement, or park or other open space. The Board concludes that the specific standard related to management at Section 14-4AA- 1c is met based on the following findings for each sub -criterion: (1) For RSAs that are also outdoor service areas, as defined in title 4 of this code, there must be an RSA management plan in place and at least one employee must be designated to monitor the safety and compliance of the RSA during hours of operation. The proposed management plan shall be submitted with the application. If nuisance or safety issues arise, the city may require immediate changes to the management plan and/or the number of monitors to remedy the situation and reserves the right to suspend or revoke the RSA permit. • The proposed RSA will serve alcohol, so it is also considered an Outdoor Service Area (OSA). • The management plan submitted with the application notes there will be a minimum of 5 staff persons on this level who will help monitor safety and compliance of the RSA during hours of operation. • If nuisance or safety issues arise, the management plan may be modified, or any temporary use permit for amplified sound may be suspended or revoked. (2) In the CB-10 zone, where the building containing the RSA abuts or is directly across a public alley from a property containing upper floor residential uses or hotel rooms that have windows facing the RSA, the hours of operation of the RSA are limited to ten o'clock (10:00) A.M. to ten o'clock (10:00) P.M. Sunday through Thursday and ten o'clock (10:00) A.M. to twelve o'clock (12:00) midnight Friday and Saturday. • The RSA neither abuts nor is located directly across a public alley from a property containing upper floor residential uses or hotel rooms. • A new building will be on part of the subject property with upper floor residential windows facing the proposed RSA, but it is under the same ownership, the existing wall which will be maintained will mitigate noise and light conflicts for windows facing the RSA, and exterior light fixtures will face downwards. The Board concludes that the following specific standard regarding food service is met: "If alcohol is being seared, food service must be provided. Prior to approval of an RSA, the applicant must submit evidence indicating how this requirement will be met." This is qWd on the following findings: o 0 4� • Alcohol will be served on the proposed RSA. n� N �• '~ N Cn d.dw vpuwrtvo?r.— • The management plan notes that the establishment will have a fully functional kitchen and substantial food service provided for all hours of operation. The Board concludes that the following specific standard regarding noise is met: "The design of the RSA must minimize the carry of noise across property boundaries. Use of specialized screen wall materials, sound deadening techniques, or similar, may be required. Evidence of such a noise mitigation plan must be included with an RSA application. In addition, after an RSA is established, the city reserves the right to require additional measures to remedy any violation of the city's noise or nuisance ordinance, as determined by the city." This is based on the following findings: • The management plan contains provisions to help manage noise on the RSA and the existing walls which will be retained around the RSA will minimize the carry of noise across property boundaries. • No amplified sound will be allowed without a separate temporary use permit, which requires submittal of a sound mitigation plan in compliance with Section 4-3-105. The Board concludes that the following specific standard regarding amplified sound at Section 14-4AA-1f is met. "Due to the potential nuisance to neighboring properties and the general public in the surrounding neighborhood, amplified sound is only allowed for RSAs associated with hospitality oriented retail uses in the RFC -SD subdistrict and for RSAs in the CB-10 zone, subject to the limitations set forth below. RSAs accessory to hospitality oriented retail uses are not required to obtain a temporary use permit, but must comply with the city's noise and nuisance ordinance, and the standards stated below. Amplified sound is only allowed for an RSA in the CB-10 zone upon receipt of a seasonal temporary use permit, unless it is accessory to a hospitality oriented use. Permits for amplified sound are subject to the standards and restrictions set forth below and the general approval criteria for temporary uses as set forth in article D of this chapter. A temporary use permit may be denied or rescinded at the discretion of the city if noise becomes a nuisance or terms of the temporary use permit or the special exception conditions are violated.' This is based on the following findings for this criterion and for each sub -criterion: • The proposed RSA is in a CB-10 zone and shall require a seasonal temporary use permit to allow amplified sound. • Requirements for the temporary use permit include that amplified sound be limited to background music at a low volume and that the RSA either be more than 300' from other service areas or be inaudible to those areas. • A sound mitigation plan will be required as part of the temporary use permit process if amplified sound is desired for the RSA. • The temporary use permit may be denied or rescinded if noise becomes a nuisance or the terns of the temporary use permit or special exception are violated. (1) If an RSA is located within three hundred feet (300') of a residential zone, amp(tged sound is prohibited. �r D� i • The proposed RSA is not within 300' of a residential zone. (2) The city may restrict the hours when amplified sound may be used. HGaWw¢¢�eer,�'t no case shall amplified sound be permitted between the hours of twelve o'clock-(i 19) midnight and ten o'clock (10:00) A.M. o '..J eoeoop s¢,wiore+ninwuoo • The management plan notes that there will be no amplified sound between the hours of 12:00 am and 10:00 am if approved through a temporary use permit. (3) No live entertainment using amplification shall be allowed. • The management plan notes that live entertainment shall not be allowed to use amplification. (4) Amplified sound may be restricted or prohibited during public events, festivals or concerts. • The management plan notes that the operator will comply with any requests to restrict or prohibit amplified sound during public events, festivals, or concerts. This would include requests by the City. (5) The applicant must demonstrate to the satisfaction of the city that the design of the RSA will minimize carry of noise across property boundaries. Use of specialized screen wall materials, sound deadening techniques, control of volume, or similar may be required. • The proposed RSA is surrounded by the existing building facade, which will minimize carry of noise across property boundaries. • Amplified sound will only be allowed through a temporary use permit, which will require a noise mitigation plan. The Board concludes that the following specific standard is met: "The RSA shall be located directly above and contiguous to the licensed drinking establishment. Contiguous rows there may not be other uses located on floors in between the drinking establishmentgLhd the accessory RSA." This is based on the following findings: -- c • The proposed RSA is directly above and contiguous to the licensed dr(dkllfg ry establishment to which it is accessory. • The proposed Reunion Brewery is the only use in this building. o M z- The Board concludes that there shall be no horizontal expansion of the licensed dr&ng establishment based on the finding that the proposed RSA will be completely con , over the licensed, nonconforming drinking establishment and thus approval will not result in horizontal expansion. The Board concludes that there shall be no increase in interior floor area or interior occupant load of the existing drinking establishment, except if necessary for required bathrooms, elevator, stairs, kitchen equipment, or other essential elements necessary to meet accessibility, building code requirements or to meet the requirements or conditions of the special exception, based on the following findings: • The proposed RSA will not increase interior floor area or interior occupant load. • The Board approved a condition requiring that no solid roof shall be allowed to be constructed over any portion of the RSA to ensure there is no future increase in interior floor area. m pve tur..<rk non. 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 use of the property and access to the property and surrounding properties will not change because of the RSA. • The proposed RSA and any heat sources must meet all building and fire code requirements, and it must also be ADA compliant. • Access to the proposed RSA is from an interior stairwell and elevator. The management plan notes that all customers must present ID before entering the RSA, and underage patrons will not be allowed without supervision after 10:00 pm. Starting at 9:00 pm, all customers must present ID at the first level entrance as well. • As shown in the site plan, the RSA will be set back from the private alley to the south. The outdoor area will be surrounded by the existing walls of the historic structure to prevent occupants from accessing other rooftop areas. • The management plan indicates that at least 5 staff will ahways be present at this level, and the RSA will be actively managed. Staff will be responsible for ensuring safety, addressing nuisances, and preventing underage drinking and overserving of alcohol. 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 RSA will be screened by the existing 16' walls of the historic building on all sides, and the 6' setback to the south will help prevent nuisance and safety issues. In addifion, interior space will screen the RSA from the Pedestrian Mall to the north and from the building to the west. There are no windows on the building to the east. • Exterior lighting will face downward and must comply with the City's outdoor lighting standards. • Noise will be controlled by the existing historic walls and amplified sound will only be allowed by temporary use permit which may not extend beyond midnight, in addition to other previously mentioned requirements. • Renovation of the property will help ensure continued economic viability of the space. 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 subject property is in the Downtown District and is zoned Central Business District with a Historic District Overlay (CB-10IOHD) which is for high density, mixed use development and entertainment areas. • RSAs are allowed in the zone to create more diverse seasonal opportunities. • The surrounding area is already fully developed with a mix of uses. — • The proposed RSA will be more than 20 feet from the new building being.�t_nst"d to the south which is part of the larger redevelopment of the area. - r" • With appropriate controls on amplified sound administered through the*4or* use-4�-,, permit, the proposed use is compatible with the surrounding developmeptwill not ;_ prevent surrounding properties from being redeveloped again in the ful�li� anoAll be an attractive addition to the Downtown. -- v aonaope�aw,evminunoe: :. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • The site has access to adequate utilities, access roads, drainage and other facilities. • These considerations will also be reviewed by staff during the building permit process. 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 building is expected to be primarily through the Pedestrian Mall. • No changes are being proposed to access which will affect traffic congestion on public streets. 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: • An approved lighting plan for the proposed use is recommended as a condition of approval to ensure compliance with the City's Outdoor Lighting Standards. • The RSA will serve alcohol, so compliance with applicable regulations for outdoor service areas in Title 4, "Alcoholic Beverages," of the City Code is required, and the applicant will be required to receive a liquor license through the City. • Amplified sound will only be allowed as a temporary use permit, which will require additional staff 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 for General Commercial, and its vision includes to "[e]ncourage continued investment in the Downtown to assure its place as the center of arts, culture, entertainment, commercial, and civic activity within the city and the metro area". The Downtown and Rivertront Crossings Master Plan shows this area as part of the Downtown District, which is "the heart of the region" with historic buildings next to new buildings and streets that are active throughout the day and into the night. Objectives of this plan include to "[p]romote quality infill and redevelopment" and to "[m]aintain balance of uses and activities." The nonconforming drinking establishment use is consistent with the Comprehensive and District Plans and will not change because of the proposed RSA. The RSA will be located on a local historic landmark. Current plans as proposed were approved as part of the Historic Preservation Commission review. DISPOSITON: By a vote of 4-0, the Board approved a Rooftop Service Area (RSA) as ag! accessory use to a nonconforming drinking establishment in a CB-10 zone for tha prope% located at 111 E. College Street, subject to the following conditions: 1. Substantial compliance with the submitted site plan, dated March 1, 20262 ` � ry 40 O V dWlm signature vP finha 2. Compliance with the submitted management plan, dated July 9, 2021. 3. No solid roof shall be constructed over any portion of the Rooftop Service Area. 4. A lighting plan in compliance with the Zoning Ordinance shall be approved by the Building Official prior to issuance of a building permit. 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-BC- 1E, City of Iowa City, Iowa. ,f, P..Ye. ,,-,K', Amy Pretorius, Chairperson STATE OF IOWA JOHNSON COUNTY Approved by: 9 ,aj_ar City Attorney's Office 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 10 day of July, 2021 as the same appears of record in my Office. Dated at Iowa City, this Z-�1'("� day of \J Lc-C 4 , 20 �- Kellie K. Fruehling, City Cie eV ,t r g� o > N m