HomeMy WebLinkAbout2020-06-10 BOA Decision1111111111111111111111111111111111111111111111111111111111111111111111111111111
Doc ID: 027738130008 Type: GEN
Kind: DECISION
Recorded: 06/23/2020 at 02:48:19 PH
Fee Amt: $42.00 Page 1 of 8
Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319.756-52 Johnson County Iowa
Kim Painter County Recorder
DECISION BK6064 PG411-418
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, June 10, 2020
ELECTRONIC MEETING—ZOOM MEETING PLATFORM FFA
MEMBERS PRESENT: Gene Chrischilles, Ernie Cox, Bryce Parker, Amy Pretorius
MEMBERS ABSENT: Zephan Hazell
STAFF PRESENT: Sue Dulek, Anne Russett, Kirk Lehmann, David Schwindt
OTHERS PRESENT: Eddie Cole, Cady Gerlach, Crissy Canganelli, Dan Broffitt, Joel Fagan,
Kathleen Crawford, Kirsten Frey, Sam Alexakis, Jessica Egli, Josh Moe
SPECIAL EXCEPTION ITEMS:
1. FXC20-05: An application submitted by Southside Developers, LC requesting a special
exception to allow a Community Service - Long Term Housing use in an Intensive
Commercial (CI -1) zone that is adjacent to a single-family residential zone at Parcel
1022133012 on Southgate Avenue.
The Board concludes that the proposed development will meet the following specific
standard found in 14 -4B -4D -6a. Maximum Density: In the CO -1, CIA and CC -2 zones: A
minimum of nine hundred (900) square feet of lot area per dwelling unit is required. Dwelling
units must be efficiency and/or one bedroom units. This is based on the following findings:
• The property is 32,420 square feet and is in an Intensive Commercial (CI -1) zone.
Up to 36 efficiency or one -bedroom dwelling units may be built on the site.
• The proposed design complies by including 36 one -bedroom dwelling units.
The Board concludes that the proposed development will meet the following specific
standard found in 14 -4B -4D -6b. Management Plan Required: The applicant must submit a
site plan and a management plan that addresses potential nuisances such as loitering,
noise, lighting, late night operations, odors, outdoor storage and litter. The management
plan must include plans for controlling litter, loitering and noise; provisions for 24/7 on site
management and/or security, and a conflict resolution procedure to resolve nuisances if they
occur. The site plan and management plan must be submitted concurrently to the city, pr if
permitted as a special exception said plans must be submitted with the special..exceptftn
application. This is based on the following findings:
• A site plan and management plan are included in the application. N r-
• The management plan contains provisions to address potential nuisa�Pi in@6ding"
the following: M ?" P j!
0 Lnotering. Shelter House staff shall request individuals without a IiiR wtgare r,:7,
not welcomed as a visitor of a current tenant, volunteer, or partneu'k1g service
provider to leave the premises, with the support of the Iowa City Police cn
Department where necessary.
o Noise. Tenants shall be notified of Iowa City's Noise Ordinance with the
expectation that they comply so as not to disrupt the enjoyment of other tenants
and surrounding property owners. In addition, staff recommends a condition that
the management plan be revised to require that tenants are also provided the
Disorderly House provision (Section 875-5).
o Exterior lighting. Exterior lights will be provided at the front and rear of the
property in compliance with existing code requirements to minimize glare.
o Odors. Shelter House shall provide for regular solid waste removal, litter control,
janitorial services, and onsite facilities.
o Outdoor storage. The trash and recycling enclosure shall be located at the rear of
the property and shall comply with screening requirements of the underlying
zone.
o Litter. Shelter House staff and/or a professional janitorial service shall survey
exterior grounds, including the outdoor enclosed smoking area, and shall remove
any litter daily.
The management plan includes provisions for 24/7 onsite management and for the
training of staff by Shelter House to maintain a safe work environment and a safe
living environment for tenants.
The management plan includes conflict resolution procedures for staff to resolve
disputes or other nuisances should they occur, including provisions for ongoing
communication and cooperation with the Iowa City Police Department.
The Board concludes that the proposed development will meet the following specific
standard found in 14 -4B -4D -6c. Special Exception Required: A special exception is required
if the proposed use is in a CO -1, CI -1 or CC -2 zone and is across the street from or adjacent
to a single-family residential zone. This is based on the following findings:
• The application was submitted because the property is adjacent to a property zoned
as high density single-family residential (RS -12).
The Board concludes that the proposed development will meet the following specific
standard found in 14 -4134D -6d. Neighborhood Meeting Required: Prior to a building permit
being issued, the owner or operator of the community service - long term housing use must
hold a neighborhood meeting inviting all property owners within two hundred feet (200') of
the proposed use. At the neighborhood meeting, the owner or operator must provide copies
of the management plan, and contact information for the management team of the proposed
use. This is based on the following findings:
• City staff will work with the owner to ensure a neighborhood meeting is held prior to
issuance of a building permit. If an in-person meeting is impossible or impractical to
hold due to health and safety concerns presented by COVID-19, City staff will work
with the applicant to conduct a virtual meeting. In the case of a virtual meeting, the
applicant will deliver or mail the required materials to the neighbors.
The Board concludes that the proposed development will meet the following specific
standard found in 14 -4B -4D -6e. Site and Building Development Standards: The proposed
facility must comply with the minimum standards as specified in the Iowa City housing code,
as amended, and maintain a rental permit. In the CO -1, CI -1, and CC -2 zones up to fifty
percent (50%) of the first floor of the building may be occupied by residential uses. This is
bald on the following findings:
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• City staff will work with the owner to ensure the proposed facility meets the
requirements of the City's housing code and the minimum standards necessary to
maintain a rental permit.
• The proposed design has less than fifty percent (50%) of the first floor of the building
occupied by residential uses.
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 exception is an allowable use in the zone and compliments other uses
that exist nearby including residential uses and those operated by nonprofit and
public agencies.
• The proposed facility will be operated by Shelter House, a nonprofit that has
experience providing permanent supportive housing in a housing first model for
persons with disabilities who are identified as chronically homeless. The agency has
partnerships with local health providers, law enforcement, and other health and
safety officials.
• Shelter House staff will provide regular, onsite supportive services to tenants.
• Security and management will be provided on a 24-hour basis.
• The City's other Community Service - Long Term Housing use at Cross Park Place
(820 Cross Park Avenue) generated 118 total "quality of life" calls for service in 2019.
This amounts to 4.9 calls per unit, a number that generally decreased over time.
Other multifamily properties near Cross Park Place generated between 3.7 and 17.9
calls for service per unit in 2019. Other commercial uses in the area that are
allowable in a CI -1 zone generated between 74 and 169 calls for service. Overall,
this land use generates calls for service within the range of other similar and/or
allowable uses in the area.
• Permanent supportive housing is a proven intervention that is beneficial for general
public health.
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:
Tenants began moving into Cross Park Place in January 2019. Prior to its opening,
properties within 1/8 mile experienced 40 "quality of life" calls for service in 2017 and
33 in 2018. After Cross Park Place's open, these properties (excluding Cross Park
Place) experienced 46 "quality of life" calls for service in 2019. Meanwhile, the
broader neighborhood (properties within 1/4 mile) experienced 195 such calls in
2017, 205 in 2018, and 266 in 2019. Overall, this Community Service - Long Term
Housing use has not affected quality of life calls in its immediate vicinity compared to
the surrounding neighborhood.
Properties within 300 feet of Cross Park Place have not been reassessed since that
property was fully leased, but the most recent Iowa City assessment data indtcbtes
that nearby property values have increased or remained stable while details about
that project were public.
The proposed use is similar to those found at nearby properties, inclugiaj� residential
and institutional uses, and is of a similar scale to nearby buildings. --r�
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The Board concludes that establishment of the spec 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 proposed project will not affect the development and/or improvement of
surrounding properties for uses permitted in the district.
• Other properties near the proposed use that are within the same zoning district
contain institutional uses where nonprofits provide housing and/or services.
The Board concludes that adequate utilities, access roads, drainage and/or necessary
facilities have been or are being provided based on the following findings:
Surrounding properties are already developed with utilities, access roads, drainage,
and necessary facilities established. Pedestrian and transit access are available near
the proposed facility.
The proposed facility will need to comply with all relevant City codes, including codes
pertaining to utility hook ups, access, and site drainage.
City staff will work with the owner to ensure the proposed facility meets all relevant
City codes prior to issuance of a building permit.
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:
• Vehicle ownership for the target population of the development is lower than
average. Current street access is adequate to carry additional traffic. The site plan
indicates adequate parking spaces for the use and underlying zone.
• The proposed project is served by both pedestrian and nearby transit facilities.
• The proposed facility will need to comply with all relevant City codes, including codes
pertaining to ingress and egress.
• City staff will work with the owner to ensure the proposed facility meets all relevant
City codes prior to issuance of a building permit.
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 facility will need to comply with all relevant City codes, including codes
pertaining to zoning setbacks and other site development standards.
• City staff will work with the owner to ensure the proposed facility meets all relevant
City codes prior to issuance of a building permit.
T�p 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 for
\ Intensive Commercial. The Future Land Use Map of the South District Plan
designates this area for Commercial. The Zoning Code includes this as an
appropriate use within commercial zones. The South District Plan specifies that there
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is an opportunity in commercial areas to "explore the potential for mixed use[,]
residential or institutional uses" as long as it "contributes to the overall health of the
surrounding neighborhood" (p.51).
The Comprehensive Plan's vision supports Compatible Infill Development, a
Diversity of Housing Types, and Affordable Housing (p. 21). The Plan also contains
strategies ensuring "that infill development is compatible and complementary to the
surrounding neighborhood" (p. 24) and supporting "infill development... in areas
where services and infrastructure are already in place" (p. 28).
The Comprehensive Plan contains a goal to "Encourage a diversity of housing
options in all neighborhoods" by ensuring "a mix of housing types within each
neighborhood" (p.28). Narrative throughout clarifies that "By allowing for a mix of
housing types, moderately priced housing can be incorporated into a neighborhood,
rather than segregated in one or two areas of the community" (p.21). Narrative in the
South District Plan notes that the high demand for affordable housing has led to "a
concentration of poverty that has implications for the community as a whole as well
as the school district" (p. 16). To help address these goals, the City adopted an
Affordable Housing Location Model which guides City assistance for affordable
housing away from "neighborhoods and elementary schools that already have ... a
concentration of poverty." Exemptions are granted for projects that provide housing
for persons with disabilities.
This proposed project is consistent with Iowa City's Comprehensive Plan and
complies with relevant policies that help address its goals and strategies.
DISPOSITON: By a vote of 4-0 (Hazell absent), the Board approved EXC20-05, which will allow
the establishment of a Community Service — Long Term Housing use in a CIA Zone that is
adjacent to a single-family residential zone at Parcel 1022133012, subject to the following
conditions:
1. If the tenant, not the owner, is the operator of the community service - long term
housing use, there must be a written lease between the owner and tenant, and a
copy must be made available to the City upon request.
2. The final site plan must substantially comply with the submitted site plan, or any
changes to it must comply with the site development standards and other applicable
requirements of the City Code.
3. Prior to the issuance of a building permit, the management plan must be revised to
require that tenants are provided a copy of the Disorderly House Ordinance (Iowa
City Code Section 8-5-5) in addition to the Noise Control Ordinance (Iowa City Code
Section 6-4) and be signed by the operator.
2. EXC20-06: An application submitted by The Englert Theatre requesting a special exception
to allow changes to a nonconforming sign at 221 E. Washington Street.
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The Board concludes that the proposed development will meet the following specific `
standard found in 14 -4E -BC -4a. The sign must be located on a property designated as a
historic landmark, a property registered on the national register of historic places, or on a
property listed as a key or contributing property in a historic preservation or historic
conservation overlay zone. This is based on the following findings:
• The Englert Theatre is listed in the National Register of Historic PlacetiorrA r7
Register Information System Identification number 1000911. c'
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The Board concludes that the proposed development will meet the following specific
standard found in 14 -4E -8C -4b. The sign must fall into one of the following categories: (1)
The sign is in keeping with the architectural character of a historic structure and is
appropriate to a particular period in the structure's history; or (2) The sign is an integral part
of a property's historic identity; or (3) The sign makes a significant artistic or historic
contribution to the community or neighborhood in which the sign is located. This is based on
the following findings:
The proposed rehabilitation involves appropriate repair to elements of the sign that
maintains its architectural character.
The marquee is identified as a key historical feature and was installed between 1950
and 1958, within the period of significance identified in the Englert's National
Register of Historic Places Registration Form.
The Board concludes that the proposed development will meet the following specific
standard found in 14 -4E -8C -4c. At the time of application for the special exception, changes
to the subject sign must be approved by the Historic Preservation Commission through a
certificate of appropriateness. If the Board of Adjustment grants a special exception for the
sign, any subsequent changes to the sign do not have to be approved by the Board of
Adjustment, but do require a certificate of appropriateness from the Historic Preservation
Commission. This is based on the following findings:
• The Historic Preservation Commission granted a certificate of appropriateness at
their meeting on May 14, 2020 with the condition that a special exception must be
granted by the Board of Adjustment.
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 Englert's existing marquee is a noncompliant sign that will be rehabilitated to
replace deteriorated and outdated parts and improve the roof drainage system.
The plans for the sign include repair of parts that have been damaged or have
deteriorated over the years, which will improve public safety for pedestrians walking
under the sign.
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 rehabilitation will maintain the approximate size, shape, color, and
illumination of the existing marquee.
The proposed exception will not affect the use and enjoyment of surrounding
properties, nor will it diminish or impair property values in the neighborhood.
The Board concludes that establishment of the specific proposed exception will not impede
ttlenormal and orderly development and improvement of the surrounding property for uses
permitliad=in the district in which such property is located based on the following findings:
cls Thp-marquee will project over the public sidewalk on the south side of East
cv 1t ington Street.
• The surrounding area is fully developed with a mix of commercial, residential, and
institutional uses.
• The proposed rehabilitation will not impact future development.
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 area.
Rehabilitation will reduce electrical consumption with the use of more energy-efficient
technologies.
Rehabilitation will improve storm water drainage by adding a secondary overflow
drain to reduce the risk of a stopped drain.
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:
• No changes are being proposed to ingress or egress.
• The use and intensity of the property will remain the same.
• Temporary measures will affect pedestrian circulation on the sidewalk below the
marquee during construction, but the project will have no long-term effects.
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 Englert marquee is a nonconforming sign because it is not an allowed sign type,
it exceeds illumination requirements, it exceeds the allowed distance a sign can
project, and it exceeds the maximum sign area for all types of allowed signs in this
zone. Because it is "historic", this is allowable with a special exception and a
certificate of appropriateness.
• City staff will work with the applicant to ensure that all work conforms with other
standards of this zone, including compliance with plans as approved by the Historic
Preservation Commission.
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 designated this area for General
Commercial. The Downtown and Riverfront Crossings District Master Plan identifies
the Englert Theatre as a Key Historic Building and notes that "the City should take
measures to preserve and actively protect these buildings" (p.55). N
The Comprehensive Plan's vision includes to "Preserve Historic Resource;." (p.21)
to be carried out by supporting "the goals of the Historic Preservation CorrtFillssion"
(p.29).
The Historic Preservation Commission has approved a Certificate of Appropriate(tess
for the project, subject to approval of a special exception.
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DISPOSITON- By a vote of 4-0 (Hazell absent), the Board approved EXC20-06, to allow the
proposed changes to the nonconforming sign at the property located at 221 East Washington
Street.
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.
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Amy Pretorius, Chairperson
STATE OF IOWA
JOHNSON COUNTY
Approved
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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 10th day of June, 2020 as
the same appears of record in my Office.
Dated at Iowa City, this oZoi �� day of J c-ne- , 20d O
V Kellie K Fruehli+CiClerk
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