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HomeMy WebLinkAbout2020-07-15 BOA DecisionIIIIIIIIIIIIIIIIIIIillllllllllilllllllllllllllllll!illlilllllllll!IIIIIIIIIIIIII Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, lora City, IA 52240; 319-356-5230 T m Doc ID: 027783570005 Type: GEN Kind: DECISION DECISION Recorded: 07/29/2020 at 10:08:25 AH Fee Amt: $27.00 Page 1 of 5 IOWA CITY BOARD OF ADJUSTMENT Johnson County Iowa WEDNESDAY, JULY 15, 2020 Kim Painter county Recorder ELECTRONIC MEETING—ZOOM MEETING PLATFORM BK6083 PG791-795 MEMBERS PRESENT: Gene Chrischilles, Ernie Cox, Zephan Hazell, Bryce Parker, Amy Pretorius c= O MEMBERS ABSENT: None _ C_ V1 STAFF PRESENT: Sue Dulek, Anne Russett, Kirk Lehmann, Joshua Engelbrecl$ o' OTHERS PRESENT: Britni Andreassen, Keith Weggen, Michael Pugh, Siobhan hla�an� ��� a 1. EXC20-07: A public hearing regarding a special exception application submitted by Britni Andreassen on behalf of Kum & Go L.C. requesting waivers from the 3 -foot parking setback behind the secondary street fagade along 3rd Street and from the frontage type and related design requirements for the north fagade at 1310 South Gilbert Street & 348 Highland Avenue. The Board concludes that the proposed development will meet the following specific standard found at 14-413-46-12j. 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 zoned RFC -SG and is in the Riverfront Crossings District. It is therefore eligible to request a waiver from standards outlined in Section 14-46- 46-12i of the zoning code, which requires that properties in the Riverfront Crossings District comply with the Riverfront Crossings Form -Based Code. The applicant requested waivers from the following two sets of requirements: o Sethn .k and Screening Requirements, Surface parking, loading, and service areas must be set back at least 3 feet from secondary street building fagades (14 -2G -3A -4b-(2)). This helps create pedestrian -friendly streetscapes where building fagades are aligned along public sidewalks and parking and service areas are behind buildings. The proposed parking along Highland Avenue complies with this standard, but a waiver is necessary for parking on the north portion of the site near 3rd Street. o Frontage- and Farad s. Principal buildings and fagades must comply with frontage type and building type standards (14 -2G -3A -3e). In addition, several building design standards also apply to street -facing facades (14- 2G -7F), including requirements to divide fagades vertically into 20- to 35- foot bays (1b), to provide equal architectural quality and detail at comers (1f), to provide a certain proportion of the fagade as doors or transparent windows (1g), and to disallow blank fagades (1h). These standards improve the quality and character of public streets and spaces by breaking up fagades, creating seamless transitions around corners, and providing visual interest, which ultimately contributes to more pedestrian - friendly streets. The applicant requested these requirements be waived for the north facade of the proposed building which faces 3rd Street. • 3rd Street is not shown as a primary street on the Regulating Plan. • The intent of the code regarding parking setback, screening, frontage, and fagade requirements is met because a 5 -foot tall street screen is proposed on the west and north sides of the site as shown on the site plan dated June 23, 2020 and because it fronts 3rd Street, which is a non -primary street that is not shown on the Regulating Plan. • A condition is imposed that the final site plan substantially comply with the submitted site plan dated June 23, 2020 to ensure parking is visually buffered from the sidewalk on S. Gilbert Street and that the street screen to the north provides additional buffering between the sidewalk and north facade. • Additionally, a condition is imposed that the final elevations substantially comply with those dated July 8, 2020. If there are substantial changes from the submitted site plan or elevations, they must comply with the site development standards and other applicable requirements of the City Code. 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: • There is an existing convenience store with fuel sales located on this site. • The Board of Adjustment approved allowing 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) and waiving the 2 -story minimum building requirement at this site with the condition that the external walls of the proposed convenience store be built at least 22 feet in height to give the appearance of a 2 -story building. (EXC20-03 recorded May 1, 2020 in Book 6036, Page 313-315 in the Johnson County Recorder's Office). • The new request will not change the use or access to site. • The requested waivers will result in the following: o a view of parking from S. Gilbert Street that is not blocked by the building on the north; and o a building where the north face will not contain a frontage type or provide other building design features. • 5 -foot tall street screens will buffer both results from public rights-of-way.'' The Board concludes that the specific proposed exception will not be injurious tfl.tha4se and enjoyment of other property in the immediate vicinity and will not substar#M_y di 'finish"-- or impair property values in the neighborhood based on the following findings=, ca �-.� � t t i • The proposed request will not change the use or access to the site:: - • _J N N • A modification of parking setbacks and frontage and design standards on the north face of the building will not injure the use and enjoyment of other property in the immediate vicinity, nor will it affect 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: • The surrounding properties are developed but are also eligible for redevelopment under the Riverfront Crossings Form -Based Code. • Redevelopment of this property and these requested waivers will not affect 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 has access to all necessary utilities and facilities. • The redevelopment will not require off-site improvements. 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 finding: The current site has access points off S. Gilbert Street, Highland Avenue, and 3rd Street. The rezoning (Ordinance No. 19-4814) included a condition that the applicant close all access points from S. Gilbert Street and have only one access point from Highland Avenue to minimize traffic congestion at the intersection of S. Gilbert Street and Highland Avenue and on surrounding streets. As a result, the proposed redevelopment will improve traffic congestion, ingress, and egress. 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: Approval of the requested special exception will waive the following requirements: o That surface parking be set back 3 feet from the north building farade along 3rd Street (14 -2G -3A -4b-(2)); o That the north face of the building will not have a frontage type (14 -2G - 3A -3e); and o That the north face of the building will not comply with several related building design standards (14 -2G -7F-1 b, -1 f, -1 g, and -1 h). Through the design review process, staff will ensure compliance with the other provisions of the Riverfront Crossings Form -Based Code. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: ' N r,� • 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 (pp.24-25). • 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 (p. 100). DISPOSITON- By a vote of 5-0, the Board approved waiving the 3 -foot parking setback behind the secondary street facade along 3rd Street and from frontage type and related design requirements for the north facade of the building, for the properties located at 1310 S. Gilbert Street & 348 Highland Avenue, subject to the following conditions: 1. The final site plan must substantially comply with the submitted site plan, dated June 23, 2020, or any changes to it must comply with the site development standards and other applicable requirements of the City Code. 2. The final elevations must substantially comply with the submitted elevations, dated July 8, 2020, or any changes to it must comply with the design standards and other applicable requirements of the City Code 2. Extension Request: A request submitted by Kum & Go L.C. to extend the expiration date to July 30, 2021 for EXC19-12, a special exception approved to allow a quick vehicle servicing use in the Riverfront Crossings -South Gilbert (RFC -SG) zone, EXC20-03, a special exception to waive the minimum 2 -story building requirement, and EXC20-07, a special exception to waive the 3 -foot parking setback behind the secondary street facade along 3rd Street and from the frontage type and related design requirements for the north facade. DISPOSITON: By a vote of 5-0, the Board approved an extension to change the expiration date of EXC19-12, EXC20-03, and EXC20-07 to July 30, 2021. 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. N O ry 0 — ca NV rli oiR)/1a 93 PM CDT aw..a6 X 525: No Appro b� Amy Pretorius, Chairperson 4 -d )- -do City Attorney's Office 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 15th day of July, 2020 as the same appears of record in my Office. Dated at Iowa City, this -2-244'- day of 20a© r Kell' f . Fruehli ity Cler pF i _ _ N iV N r.n C. L