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Home My WebLink About2020-03-10 BOA DecisionPrepareE by 14rk Lebmenn, Associate Fenner, 410 E. Washington, loxes CM. IA 52240: 319J 5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MARCH 10, 2020 ELECTRONIC MEETING —ZOOM MEETING PLATFORM MEMBERS PRESENT: Gene Chrischilles, Bryce Parker, Amy Pretorius a MEMBERS ABSENT: Zephan Hazell STAFF PRESENT: Sue Dulek, Kirk Lehmann oA OTHERS PRESENT: Britni Andreassen, Dave Moore, Keith Weggen ' N 1. EXC21-0001: A public hearing regarding a special exception application submitted by Britni Andreassen on behalf of Kum & Go, LC for a special exception to allow changes to the total outdoor light output standards for approximately 1.15 acres of property located at 1310 South Gilbert Street and 348 Highland Avenue. The Board concludes that the proposed development will meet the following specific standard found at 14-413-4131-12j. Waivers from Development Standards for Quick Vehicle Servicing in RFC Zoning Districts: For properties located in the CB-2 zone, CB-5 zone, riverfront crossings district, eastside mixed use district, or towncrest design review district, where it can be demonstrated that the proposed quick vehicle servicing use cannot comply with a specific standard as indicated in subsections B12h and B12i of this section, the board of adjustment may grant a special exception to modify or waive the provision, provided that the intent of the development standards is not unduly compromised. The board of adjustment may impose any condition or conditions that are warranted to mitigate the effects of any variation from these development standards. This is based on the following findings: • The property is in the Riverfront Crossings District, so the applicant may request a waiver from standards outlined in Section 14-013-48-12i of the Zoning Code which requires that properties in the Riverfront Crossings District comply with the Riverfront Crossings Form -Based Code. • The applicant requested a modification to Section 14-2G-1C regarding the applicability of certain site development standards. Specifically, the applicant requested that the maximum total outdoor light output be increased from 100,000 to 200,000 initial lumens per net acre (Section 14-5G-5C). In effect, this changes the lighting environment district from an E2 medium ambient lighting to an E3 high ambient lighting standard. • The E2 medium ambient lighting district applies to higher density multi -family and lower intensity commercial and office zones, including its current designation of Riverfront Crossings — South Gilbert (RFC -SG), in addition to most multi -family (PRM, RM-20, RM-44, RNS-20) and Riverfront Crossings (except the RFC-WR) zones. • An E3 high ambient lighting district applies to higher intensity commercial, industrial, and research zones, including the property's former Intensive Commercial (CI-1) designation, and the Riverfront Crossings — West Riverfront (RFC-WR), Central Fat Type: aN at 10:35:11 Aft Iof 5 BK6191 P0833-837 aonooa+ie,a,,,,e�,nuuo„� Business (CB-2, CBS, CB-10), and Community Commercial (CC-2) zones, among others. • The intent of outdoor lighting standards is to reduce obtrusive aspects of outdoor light while preserving safety, security, and the nighttime use and enjoyment of property. • Total outdoor light output standards prevent excessive overlighting and light pollution. • The property is located along the Highway 1 commercial corridor and is near higher intensity commercial and light industrial properties which are less sensitive to ambient light and which are in zones that typically use the E3 high ambient lighting standard. • Additional lighting is typical for special outdoor uses, such as quick vehicle servicing. While the City's Outdoor Lighting Standards include some exemptions for special uses, such as outdoor recreational facilities and display lots, it does not include allowances for vehicle service stations as would be required in this case. • The Illuminating Engineering Society (IES) provides recommended lighting levels to ensure adequate illumination and safety for occupants based on use categories and anticipated users. IES standards recommend a higher level of lighting than what is. currently allowed in the zone due to the proposed use of the site (ServicE�§tatiorQ and its proposed users (the general public, including those older than 65 jew). s • The request does not unduly compromise the intent of the development s'Paa�ar( 1�-< — The Board concludes that the specific proposed exception will not be detrimerlpo� orN endanger the public health, safety, comfort or general welfare based on the follomo = m findings: • There is an existing convenience store with fuel sales located on this site r • The Board of Adjustment approved allowance of a new convenience store with fuel sales at this site (EXC19-12 recorded January 31, 2020 in Book 6004, Page 400-403 in the Johnson County Recorder's Office). • The Board of Adjustment waived the 2-story minimum building height requirement at this site with the condition that the external walls of the proposed convenience store be at least 22 feet in height to appear like a 2-story building. (EXC20-03 recorded May 1, 2020 in Book 6036, Page 313-315 in the Johnson County Recorder's Office). • The Board of Adjustment waived the 3-foot parking setback behind the secondary street fagade on 3rd Street and frontage type and related design requirements for the north building face with the condition that the final site plan substantially comply with the submitted she plan, dated June 23, 2020 (EXC20-07 recorded July 29, 2020 in Book 6083, Page 791-795 in the Johnson County Recorder's Office). • The requested waiver will result in more ambient light throughout the site which will improve safety for employees, customers and others accessing the site. • As discussed above, IES standards recommend a higher level of lighting than what is currently allowed in the zone due to the proposed Service Station use and its proposed users being the general public, including those older than 65 years of age. • Additional lighting will increase safety, so the proposed exception will not be detrimental to or endanger the public health, safety, comfort or 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 new request will not change the use or access to the site. aaroop 3a•wee....mcaum: 7 • The property is along a busy commercial corridor with higher levels of ambient light. • Nearby properties contain higher intensity commercial or light industrial uses which are less sensitive to ambient light. • Nearby properties are in zones that would utilize the E3 high ambient lighting standard, except for those properties located in the Riverfront Crossings District. • In this rase, higher levels of light are expected primarily to the east and north, rather than towards mixed use developments to the west. • A nearby owner raised concerns about lights shining into the windows of apartments to the northeast. The special exception applies only to total light output, so physical controls which help control glare and minimize light trespass still apply. As a result, the photometric plan shows that light trespass should not affect the apartments to the northeast. • Increasing the total outdoor light output to an E3 high ambient lighting standard will not injure the use and enjoyment of other property in the immediate vicinity, nor will it negatively impact nearby 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 district in which such property is located based on the following findings: • Surrounding properties are developed, but they are eligible for redevelopment under the Riverfront Crossings Form -Based Code. • Redevelopment of this property and the requested modified standard will not affect development or improvement of surrounding properties. The Board concludes that adequate utilities, access roads, drainage and/or neWaparig —� facilities have been or are being provided based on the following findings: �1 • The subject property has access to all necessary utilities and facilities. —'P N r�� T A 1 � r • The redevelopment will not require off -site improvements. y The Board concludes that adequate measures have been or will be taken to provide irgess or egress designed to minimize traffic congestion on public streets based on the following finding: • The current site has access off S. Gilbert Street, Highland Avenue, and 3rd Street. • The proposed redevelopment will improve traffic congestion, ingress, and egress because the rezoning (Ordinance No. 19-4814) included conditions that all access points from S. Gilbert Street be closed and only one access point from Highland Avenue remain open to minimize traffic congestion at the intersection of S. Gilbert Street and Highland Avenue. • The proposed exception will provide better nighttime visibility at all site access points. 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 property has already received several special exceptions which modify standards: o EXC20-03. Waived the 2-story minimum building height requirement; and o EXC20-07. Waived the 3 feet setback for surface parking from the north building facade; waived the frontage type requirement for the north building face; and waived several related building design standards for the north building face. • Staff will ensure compliance with other Zoning Code provisions during 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 in the Comprehensive Plan designates this area for Mixed Use Development which includes a variety of retail, office, and residential uses. • The Comprehensive Plan supports urban infill and redevelopment in certain areas of the City, including in the Riverfront Crossings District. • The Riverfront Crossings Master Plan calls for a pedestrian scale development in this area along S. Gilbert Street, with buildings to the front of the street and parking to the rear. Some plan concepts show a gas station on the comer of S. Gilbert Street and Highland Avenue. The Plan also calls for a retail/convenience store in this area to serve local demand. This area is envisioned to be redeveloped with a commercial use. • The proposal is consistent with the City's Comprehensive Plan. DISPOSITON: By a vote of 3-0, the Board approved changing the maximum total outdoor light output (including both fully shielded and unshielded fixtures) from 100,000 initial lumens per net acre to 200,000 initial lumens per net acre for the properties located at 1310 S. Gilbert Street and 348 Highland Avenue. 2. Extension Reauest: A request submitted by Kum & Go, LC to extend the expiration date to September 10, 2021 for EXC19-12, a special exception approved to allow a quick vehicle servicing use in the Riverfront Crossings -South Gilbert zone, EXC20-03, a special exception to waive the minimum 2-story building requirement, and EXC20-07, a special exception waiving the 3-foot parking setback behind the 3rd Street secondary street facade and from frontage type and related design requirements for the north facade. DISPOSITON: By a vote of 3-0, the Board approved an extension to change the expiration dates of EXC19-12, EXC20-03, and EXC20-07 to September 10, 2021. 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. o r �rn a 'y N r EPnmPBBru, rtttr,fi[atlan:',. .. .. u. R.,P.a b 6 s:m ca Amy Pretorius, Chairperson STATE OF IOWA ) JOHNSON COUNTY ) Approve 3 ' fa'al City Attorney's Office I, Kettle 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 1V day of March, 2021 as the same appears of record in my Office. Dated at Iowa City, this / J {J, day of !iIQ iQh , 20 2-1 c C�lv F i Z-� Kellie K. Fruehling�y Clerk o - a tin cn oM a _ D N r