HomeMy WebLinkAbout2020-10-14 BOA Decisionpodoop sigmpre verification: -.. -
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Doc ID: 027901770007 Type: GEN
Kind: DECISION
Recorded: 11/17/2020 at 10:21:15 AM
Fee Amt: $37.00 Pape 1 of 7
Johnson County Iowa
Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319.356 Kim Painter County Recorder
DECISION BK6136 PG912-918
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, October 14, 2020
ELECTRONIC MEETING—ZOOM MEETING PLATFORM
MEMBERS PRESENT: Gene Chrischilles, Zephan Hazell, Bryce Parker, Amy Pretorius.
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MEMBERS ABSENT: Ernie Cox,
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STAFF PRESENT: Sue Dulek, Kirk Lehmann"—
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OTHERS PRESENT: Jon Mamer, Mark Holtkamp
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SPECIAL EXCEPTION ITEMS: — 1
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1. EXC20-0001: A public hearing regarding a special exception application submitted by -MMS
Consultants to allow a drive-through lane in an Intensive Commercial (CI -1) zone for a
proposed new building at 1335 Highway 1 West.
The Board concludes that the following specific standard found at 14-4C-2Ka will be met.
Access and Circulation: The transportation system should be capable of safely supporting
the proposed drive-through use in addition to the existing uses in the area. Evaluation
factors include street capacity and level of service, effects on traffic circulation, access
requirements, separation of curb cuts, and pedestrian safety in addition to the following
criteria. This is based on the following findings for each sub -criterion:
1) Wherever possible and practical, drive-through lanes shall be accessed from
secondary streets, alleys, or shared cross access drives. If the applicant can
demonstrate that access from a secondary street, alley, or shared cross access drive is
not possible, the board may grant access to a primary street, but may impose conditions
such as limiting the width of the curb cut and drive, limiting the number of lanes,
requiring the drive-through bays and stacking lanes to be enclosed within the building
envelope, and similar conditions.
• The property has access from Highway 1 West via a private shared access point and
frontage road. The frontage road provides circulation between adjacent commercial
and light industrial properties to the north, east, and south.
• The drive-through lane is proposed to be accessed from the frontage road on the
east side of the property. No direct access to Highway 1 is allowed.
2) To provide for safe pedestrian movement, the number and width of curb cuts serving
the use may be limited. A proposal for a new curb cut on any street is subject to the
standards and restrictions in chapter 5, article C, "Access Management Standards", of
this title.
• The submitted site plan will utilize existing curb cuts for 3 separate access points on
the frontage road: one entry point, one exit point from a small parking area, and one
exit point from the proposed drive-through lane.
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The proposed use is drive-through only, so pedestrians will not be allowed to enter
the building. Sidewalks are not provided to this area along the frontage road or
highway, though they are provided from the onsite parking to the proposed building.
The Conditional Zoning Agreement (CZA) in Ordinance No. 20-4825 approved on
July 7, 2020 and recorded in Book 6075, Page 961 of the Johnson County Recorder
requires an easement for pedestrian access along the access drive to the
development. The proposed drive-through does not encroach on the pedestrian
easement or otherwise affect pedestrian movement.
3) An adequate number of stacking spaces must be provided to ensure traffic safety is
not compromised. A minimum of six (6) stacking spaces is recommended for drive-
through facilities associated with eating establishments and a minimum of four (4)
stacking spaces for banking, pharmacies, and similar nonfood related drive-through
facilities. 'Stacking spaces" shall be defined as being twenty feet (20') in length and the
width of a one lane, one-way drive. The board may reduce the recommended number of
stacking spaces if the applicant can demonstrate that the specific business has unique
characteristics such that the recommended number of parking spaces is excessive (i.e.,
a drive- through that is to be used for pick up only and not ordering).
• The submitted site plan indicates stacking space for at least 7 vehicles:
approximately 3 spaces including the order board and 4 spaces including the pick-up
window.
• The location of the drive-through is approximately 120 feet from the intersection of
the access from Highway 1 and the frontage road.
• The traffic memo from Scooter's Coffee estimates AM peak traffic at 25 cars into and
out of the site, or approximately 1 car every 2 minutes and 24 seconds. The stacking
spaces provided could accommodate approximately 28% of the peak hour demand
at any one time.
• Research indicates that coffee shop uses can produce long maximum queues, in
excess of 10 cars in high traffic areas. Stacking may spill into the private frontage
road but will not compromise safety due to slow speeds and adequate space to avoid
affecting access to the development from the Highway.
4) Sufficient on site signage and pavement markings shall be provided to indicate
direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and
other controls to ensure safe vehicular and pedestrian movement.
• The submitted site plan shows directional arrows are provided at all access points to
the site.
• Directional signs are shown at each curb cut from the frontage road to direct cars,
including an entrance sign, an exit sign, and a do not enter sign.
The Board concludes that the following specific standard found at 14-4C-2Kb will be met
re6arding Location. This is based on the following findings for each sub -criterion:
1) In the CB -2 zone and in all subdistricts of the riverfront crossings district located east
of the -!para River, drive-through lanes and service windows must be located on a
nonstrOt-facing facade. In all other locations where drive-throughs are allowed, this
location standard must be met, unless the applicant can demonstrate that a street -facing
location is preferable for the overall safety and efficiency of the site, does not conflict
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with adjacent uses or pedestrian access, and does not compromise the character of the
streetscape or neighborhood in which it is located.
• The property is not in a CB -2 zone or a subdistrict of the riverfront crossings district.
• The drive-through lane and service window face Highway 1 and the access drive to
the area.
• The proposed drive-through routing, which faces the street, allows additional
stacking spaces above the minimum required and provides separation of drive-
through and access road traffic, which is preferable for the safety and efficiency of
the site.
• The required screening and the lower elevation of the drive-through in relation to
Highway 1 reduces its visibility from the highway and prevents any potential conflicts
with adjacent uses, pedestrian access, and streetscape character.
2) Drive-through lanes must be set back at least ten feet (10') from adjacent lot lines and
public rights of way and screened from view according to the design standards below.
• The drive-through lane is set back more than 10 feet from the Highway 1 property
line, approximately 10 feet from the north property line, and 32 feet from the access
drive.
• Screening is provided along the drive aisle to the north, west, and south, and where
possible along the east property line. The site plan reflects that landscaping and an
approved landscape plan are required due to the CZA.
The Board concludes that the following specific standard found at 14-4C-2Kc will be met.
Design Standards: The number of drive-through lanes, stacking spaces, and paved area
necessary for the drive-through facility will not be detrimental to adjacent residential
properties or detract from or unduly interrupt pedestrian circulation or the commercial
character of the area in which the use is located. The board of adjustment may increase or
reduce these standards according to the circumstances affecting the site. This is based on
the following findings for each sub -criterion:
1) To promote compatibility with surrounding development, the number of drive-through
lanes should be limited such that the amount of paving and stacking space does not
diminish the design quality of the streetscape or the safety of the pedestrian
environment.
• The site abuts properties with commercial zoning to the north, east, and south;
property across from Highway 1 is a mix of commercial, multi -family, and single-
family zoning, though is further than 300 feet from the subject property.
• A single, 14 -foot wide drive-through lane is shown.
• Some green space will be provided between the drive-through lane and adjacent
access roads and properties.
`. The site and surrounding properties currently have no pedestrian access, and no
pedestrian access is anticipated in the near future across Highway 1.
2) Drive-through lanes, bays, and stacking spaces shall be screened from views from
the street and adjacent properties to the S2 standard. If the drive-through is located
adjacent to a residential use or property zoned residential, it must be screened from view
of these properties to at least the S3 standard. To preserve the pedestrian oriented
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character of streets in the CB -2 zone and the riverfront crossings district, the board may
require the drive-through to be incorporated within the building or be screened with
masonry street walls and landscaping. Street walls shall be a minimum of five feet (5) in
height and shall be designed to complement the principal building on the site.
S2 screening is required along the north and south property lines.
The property is not adjacent to any residential use or zone, but the CZA requires a
screen of ornamental trees and a mixture of evergreen and deciduous shrubs from
Highway 1, which corresponds to the S3 standard.
The CZA requires approval of a landscaping plan by the City Forester prior to the
issuance of a building permit.
3) Multiple windows servicing a single stacking lane (e.g., order board, payment window,
pick up window) should be considered to reduce the amount of idling on the site.
• The applicant has proposed a single drive-through lane with one order board and
one service window.
4) Stacking spaces, driveways, and drive-through windows shall be located to minimize
potential for vehicular and pedestrian conflicts and shall be integrated into the
surrounding landscape and streetscape design of the neighborhood in which it is
located.
• Pedestrian use of the site will be minimal.
• The proposed site plan minimizes pedestrian and vehicular conflicts.
5) Lighting for the drive-through facility must comply with the outdoor lighting standards
set forth in chapter 5, article G of this title and must be designed to prevent light trespass
and glare onto neighboring residential properties.
• Staff shall review any new lighting for the site in compliance with current code
standards as part of the building permit process.
6) (Repealed.)
7) Loudspeakers or intercom systems, if allowed, should be located and directed to
minimize disturbance to adjacent uses. Special consideration should be given to
locations adjacent to residential uses to ensure such systems do not diminish the
residential character of the neighborhood.
• Intercom systems in the order boards are directed north, towards Highway 1.
• Residential properties are on the other side of Highway 1 and will not be affected by
the proposed use.
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:
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• There is an existing vacant store located on this site which will be redeveloped as part
of the proposed project.
• The intersection with Highway 1 is designed to accommodate the levels of traffic
generated by large commercial uses.
• The drive-through lane is more than 100 feet from the entrance access drive to
Highway 1.
• The frontage road provides separation from the heavy traffic of Highway 1.
• Specific criteria findings as discussed above also apply, including those related to
vehicle access, drive-through location, and directional signage and markings. The
requested drive-through will not 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:
• Required S3 screening from Highway 1 along the west property line and S2 screening
from neighboring properties will minimize views of the drive-through.
• While there may be some queuing associated with the site on the private frontage
road, there is sufficient internal circulation to maintain access to nearby sites.
• Property values will not be affected.
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, and the site is surrounded by commercial
zoning to the north, east, and south.
• Redevelopment of the subject 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:
• There are currently no sidewalks to serve this subdivision, but the location of the drive-
through maintains an opportunity to establish pedestrian access in the future.
• Pedestrian access is provided from the parking lot to the proposed building.
• The subject property has access to all other 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
findings:
• The proposed use relies primarily on access from the frontage road.
• There is adequate space for 7 cars to stack in the drive-through lane with additional
stacking space on the private frontage road when necessary.
• While coffee service is known to require additional queuing, peak hours of demand are
in the early morning and will not affect ingress or egress on public streets.
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• The signalized intersection at Highway 1 has capacity to handle the additional trips
generated by the use.
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 special exception criteria discourage locating the drive-through lane on the street.
The site plan indicates S3 screening within the setback towards Highway 1 and S2
screening along other property lines.
• Through the site plan review process, staff will ensure compliance with the other
provisions of the Iowa City Zoning Code and with the CZA for the site.
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
Intensive Commercial Development. The Future Land Use Map in the South Central
District Plan designates this area for Intensive or Highway Commercial.
The Comprehensive Plan supports planning for commercial development in defined
commercial nodes as identified in District Plans to meet the needs of the present and
future population. The District Plan also discusses the importance of upgrading
landscaping and creating pedestrian access.
The proposed drive-through is consistent with the Comprehensive Plan.
DISPOSITON: By a vote of 4-0 (Cox absent), the Board approved a drive-through lane in an
Intensive Commercial (CI -1) zone for the property located at 1335 Highway 1 West, subject to
the following condition: Substantial compliance with the site plan dated September 29, 2020.
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.
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Approved by:
Amy Pretorius, Chairperson
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 14'" day of October, 2020
as the same appears of record in my Office. [ _
Dated at Iowa City, this day of /j6t� t K-�� r , 20 �
Kellie K. Fruehling, Ch Clerk