The URL can be used to link to this page

Home My WebLink About2020-04-08 BOA Decisionree Illllllllllllllllllllllullllllllllllllllllllll�llllllllllllllllll��l�� Doc ID: 027675790003 Type: GEN Kind: DECISION Recorded: 05/01/2020 at 01:35:41 PM Fee Amt: $17.00 Page 1 of 3 Johnson county Iowa Kim Painter County Recorder 8K6036 PG313-315 Prepared by: Jade Pederson, Planning Intem, 410 E. Washington, Iowa City, IA 52240; 3191356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, APRIL 8, 2020 EMMA J. HARVAT HALL MEMBERS PRESENT: Bryce Parker, Amy Pretorius, Gene Chrischilles, Emie Cox, Zephan Hazell MEMBERS ABSENT: STAFF PRESENT: Sue Dulek, Anne Russett, Kirk Lehmann OTHERS PRESENT: Siobhan Harman SPECIAL EXCEPTION ITEMS: 1. EXC20-03: A public hearing regarding a special exception application submitted by Kum & Go LLC requesting a waiver from the minimum 2 -story building requirement in the Riverfront Crossings — South Gilbert (RFC -SG) zone for a quick vehicle servicing use near the intersection of S. Gilbert Street and Highland Avenue. The Board concludes that the proposed quick vehicle servicing use cannot comply with a specific standard as indicated in Section 14-413413-121 of the Zoning Code and the intent of the development standards are not unduly compromised based on the following findings: • The property is located in the Riverfront Crossings District and zoned RFC -SG; and therefore, eligible to request a waiver from standards outlined in Section 14- 4B4B12i of the zoning code. • The applicant requested a waiver from Section 14AB1113-121 which requires properties in the Riverfront Crossings District to comply with the Riverfront Crossings Form -Based Code and more specifically requires buildings in the RFC -SG zoning district to have a minimum of 2 -stories. • The use that is proposed is a convenience store, which is typically a 1 -story building. • The site is approximately 1.15 acres in size. The plans show 21 parking spaces with no additional space for more parking. An additional story would require more parking. Without changes to the number of gas pumps or a reduction in the size of the building, the site would not be able to accommodate the additional parking required by a second story. • The applicant proposed higher external building walls, which would range from 22' to 24'8", which give the appearance of a 2 -story building, which should be a condition imposed • The intent of the 2 -story minimum requirement is to promote the creation of economically vital, mixed-use, and pedestrian friendly districts. The Board concludes that this waiver of the 2 -story requirement for a quick vehicle servicing use in the RFC -SG zone will not have any detrimental or endangering effects on the surrounding public realm based on the following findings: • There is an existing convenience store with fuel sales located on this site. • The Board of Adjustment recently approved allowing a new convenience store with fuel sales at this site (EXC 19 -12 recorded January 31, 2020 in Book 6004, Page 400-403 in the Johnson County Recorder's Office) • The request will not change the use or access to the site. • The request will result in a 1 -story building instead of a 2 -story building. The Board concludes that this waiver of the 2 -story requirement for a quick vehicle servicing use in the RFC -SG zone will not be injurious to the use of other property in the immediate vicinity based on the following findings: • The proposed request will not change the use or access to the site. • A reduction in the height of the building will not be injurious to the use and enjoyment of other property in the immediate vicinity. The Board concludes that this waiver of the 2 -story requirement for a quick vehicle servicing use in the RFC -SG zone will not impede normal and orderly development and improvement of surrounding properties based on the finding that the surrounding properties are developed, but eligible for redevelopment under the Riverfront Crossings Form Based Code The Board concludes that this site will have adequate utilities and other facilities (access roads, streets, sidewalks, storm water management, etc.) based on the finding that the property already has access to all necessary utilities and facilities and redevelopment will not require off-site improvements. The Board concludes that adequate measures have been taken to provide ingress and egress designed to minimize traffic congestion based on the finding that the current site has access points off S. Gilbert St., Highland Ave., and 3'" St. A condition attached to the rezoning (Ordinance No. 19-4814) requires that the applicant close all access points from S. Gilbert St. and have only one access point from Highland Ave. in order to minimize traffic congestion on surrounding street and at the intersection of S. Gilbert St. and Highland Ave. The Board concludes that the property complies with all other regulations and standards of the zone in which it is located based on the finding that through the design review process, staff will ensure compliance with the Riverfront Crossings Form -Based Code The Board concludes that the exception is consistent with the Comprehensive Plan of the City based on the following findings: • The Future Land Use Map of the Comprehensive Plan has designated 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 the Riverfront Crossings District. • The Riverfront Crossings Master Plan calls for a pedestrian scale development in this area along S. Gilbert St., with building to the front of the street and parking to the rear. It also calls for a retail/convenience store in this area to serve local residential and commercial uses. • The Master Plan envisions this area to be redeveloped and shows a building placed in the front corner of the lot with parking in the rear. DISPOSITON: By a vote of 5-0, the Board approved a waiver of the 2 -story minimum building requirement for a property with a quick vehicle servicing use located in the Riverfront Crossings — South Gilbert zone and at the northeast comer of South Gilbert Street and Highland Avenue subject to the following condition: 1. That the proposed convenience store be built with higher external building walls, a minimum of 22' in height, to give the appearance of a 2 -story building. 2. Extension Request: A request submitted by Kum & Go LLC to extend the expiration date from six months to 12 months for EXC19-12, a special exception approved to allow a quick vehicle servicing use in the Riverfront Crossings — South Gilbert (RFC -SG) zone (recorded January 31, 2020 in Book 6004, Page 400-403 in the Johnson County Recorder's Office) and EXC20-03, a special exception to waive the minimum 2 -story requirement. The request is to extend the expiration date until January 30, 2021. DISPOSITION: By a vote of 5-0, the Board approved an extension to change the expiration date of EXC19-12 and EXC20-03 to January 30, 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 -BC - 1 E, City of Iowa Ci Iowa._ Amy P torius, Chairperson *AW ' ,l City Attorney's Office - Sue Dulek 04/28/2020 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 12" day of February, 2020 as the same appears of record in my Office. Dated at Iowa City, this �� day of l 20 i Kellie I . Fruehling, City 9 ark