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Home My WebLink About10-08-1003 Board of Adjustment AGENDA IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, OCTOBER 8, 2003- 5:00 PM EMMA J. HARVAT HALL, CIVIC CENTER A. Call to Order B. Roll Call C. Consider the August 13 Board Minutes D. Special Exception: EXC03-00013 Public hearing regarding an application submitted by Parkview Evangelical Free Church for a special exception to allow expansion of a Religious Institution in the Low Density Single-Family (RS-5) zone at 15 Foster Road. E. Other F. Board of Adjustment Information G. Adjourn NEXT BOARD OF ADJUSTMENT MEETING NOVEMBER 12 Shared/pcd/boafiles/agenda STAFF REPORT To: Board of Adjustment Item: EX03-00013.15 Foster Road Prepared by: Robert Miklo Date: October 8, 2003 GENERAL INFORMATION: Applicant: Contact Person: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Applicable Code requirements: Parkview Evangelical Church 15 Foster Road Iowa City, IA 52240 Phone: 354-5580 Free Steve Kohli 3124 N. Dubuque Street Phone: 436-6880 Approval of a special exception to permit the expansion of a religious institution in the RS-5 zone. To allow the addition of a 3060 square foot addition. 15 Foster Road 12 acres Parkview Evangelical Church; RS-5 North: South: East: West: Residential; RS-5 Residential; RS-5 Vacant; RS-5 Residential; PDH-5 Low density single-family residential; 2-8 dwelling units per acre 14-6D-2D, religious institutions permitted by special exception in File Date: the RS-5 zone; 14-6L-10, additional regulations for religious institutions; 14-6W-2B, general standards for special exceptions. September 11, 2003 BACKGROUND: In 1984 Parkview Evangelical Church received a special to establish a religious institution in a residential zone. In 1998 the church received a special exception to expand the building and parking area. That special exception allowed the church to construct an approximately 30,000 square foot building addition and install a maximum of 400 parking spaces with an additional 100 parking spaces "land banked" until such time that the church could demonstrate that they were needed. The Board left the decision regarding the installation of the 100 "land banked" spaces to the Director of Planning. Installation of those spaces was approved in two phases, with the final 39 spaces being approved and installed this fall. The applicant is now requesting a special exception to allow the construction of a 3060 square foot addition. The applicant has indicated that the space will be used for Sunday service "overflow"- persons who currently attend services on Sunday, but who can not be seated in the existing sanctuary. Because the current facility exceeds the required number of parking spaces, no additional parking spaces are required or being proposed. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare, to conserve and protect the value of property throughout the City, and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the regulations found in Section 14-6L-10, pertaining to religious institutions in the RS-5 zone and the general standards for special exceptions as set forth in Section 14-6W-2B. Specific Standards: 14-6L-10, Special Exceptions: Religious Institutions. This section requires that religious institutions have access to a collector or an arterial street. The Parkview property is located at the intersection of Foster Road, a collector street and Dubuque Street, an arterial street. In recent years there have been concerns about the difficulty of entering Dubuque Street from Foster Road and vice versa. The intersection currently meets warrants for a traffic signal. The City Council will be considering the reconstruction of the intersection and installation of traffic signals as future Capital Improvement. additional comments under c below. See Section 14-6-L-10 also specifies that religious institutions in the RS-5 zone are required to have a minimum lot area of 40,000 square feet and buildings must be setback 2 feet for every one-foot of building height. The existing church and proposed addition meets these dimensional requirements. General Standards: 14-6W-2B, Special Exception Review Requirements. The applicant's statements regarding each of the general standards are attached. Staff comments are offered as needed and correspond to the standards as enumerated in the Zoning Ordinance. bo Co id. eo 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. The proposed addition is located towards the eastern portion of the property away from residential uses in the neighborhood. The proposed addition is relatively small in scale when compared to the existing building and in staff's opinion will not significantly alter the character of the neighborhood. Traffic concerns associated with this use are discussed in d below. 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 zone in which such property is located. See comment under b above. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. The proposed addition is intended to serve existing members of the Parkview congregation. One could argue that construction of additional space will allow even more persons to attend services at Parkview, resulting in increased traffic congestion at the intersection of Foster Road and Dubuque Street. The Parkview property is well designed in terms of traffic circulation with multiple vehicular access points to the parking lot (two on Foster Road and two on Taft Speedway). The traffic delay in this area is due to existing conditions at the intersection of Foster Road and Dubuque Street. Reconstruction and installation of a traffic signal at this intersection is being considered in the Capital Improvements Program. Given the relatively small size of the addition and the City's acknowledged need to improve the intersection, staff does not believe that it would be appropriate to delay the proposed special exception. 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. The proposed addition complies with the dimensional and parking requirements for religious institutions in the RS-5 zone. eo The proposed use will be consistent with the short-range Comprehensive Plan of the City. The North District Plan, a component of the Comprehensive Plan, identifies this area as appropriate for institutional uses, which would include religious institutions. STAFF RECOMMENDATION: Staff recommends that EXC03-00013, an application for a special exception to allow a 3060 square foot addition to a religious institution in the Low-Density Single- Family zone at 15 Foster Road be approved. ATTACHMENTS: 1. Location map 2. Proposed Site Plan Approved by: Department of Planning and Community Development bobparkview NOO93B APPEAL TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION TITLE 14, CHAPTER 6, ARTICLE W APPEAL PROPERTY ADDRESS: APPEAL PROPERTY ZONE: PROPERTY PARCEL NO. APPEAL PROPERTY LOT SIZE: APPLICANT: CONTACT PERSON: Name: PROPERTY OWNER: Phone: Address:-~}~. ,~!, ~) {,A [') bt ~UI.¢~ -~'Jl'; Address: /S F~.~'? .~.~., Phone: Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: Purpose forspecialexception: ¢~' ~ ~5! /~(~'"~;(1~ Date of previous application or appeal filed, if any: -2- INFORMATION TO BE PROVIDED BY APPLICANT: Am Legal description of property: *Plot plan drawn to scale showing: 2. 3. 4. 5. [*Submission of an 82" x 11" bold print plot plan is preferred.] Lot with dimensions; North point and scale; ~' Existing and proposed structures with distances from property lines; Abutting streets and alleys; Surrounding land uses, including the location and record owner property opposite or abutting the property in question; Parking spaces and trees - existing and proposed. Review. The Board shall review all applicable evidence regarding the site, existing and proposed structures, neighboring uses, parking areas, driveway locations, highway and street access, traffic generation and circulation, drainage, sanitary sewer and water systems, the operation of the specific proposed exception and such other evidence as deemed appropriate. (Section 14-6W-2B1, City Code). In the space provided below or on an attached sheet, address the areas of Board review which apply to the requested special exception. In this narrative statement, set forth the grounds offered as support for the special exception. The applicant is required to present specific information, not just opinions, that the general standards for the granting of a special exception (Section 14-6W-2B2, City Code), enumerated below, will be met: 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. of each -3- 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 and impair property values in t~he neighborhood. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding prope~y for uses permi~ed in the zone in which such prope~y is located. --- ' J'l Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Adequate-measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestio, n on public streets. -4- 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. [Depending on the type of exception requested, certain specific conditions may need to be met. The applicant will demonstrate compliance with the specific conditions required for a particular use, as provided in City Code Section 14-6L-1, Special Exception Enumerated Requirements; Section 14-6N-1, Off-Street Parking Requirements; Sect;~,n 14-6Q, Dimensional Requirements, or Section 14-6R, Tree Regulations, as appropriate.] The proposed use will be consistent with the short-range Comprehensive Plan of the City. List the names and mailing addresses of the record owners of all property located within 300 feet of the exterior limits of the property involved in this appeal: NAME ADDRESS -5- NOTE: Conditions. In permitting a special exception, the Board may impose appropriate conditions and safeguards, including but not limited to planting screens, fencing, construction commencement and completion deadlines, lighting, operational controls, improved traffic circulation requirements, highway access restrictions, increased minimum yard requirements, parking requirements, limitations on the duration of e use or ownership or any other requirement which the Board deems appropriate under the circumstances upon a finding that the conditions are necessary to fulfill the purpose and intent of the Zoning Chapter. (Section 14-6W-2B3, City Code). Orders. Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the date the written decision is filed with the City Clerk, unless .the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. (Section 14-6W-3E, City Code). Date: Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter, or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. (Section 14-6W-7, City Code). Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the City Clerk. signature(s) of Applicant(s) Date: ,19 Signature(s) of Property Owner(s) if Different than Applicant(s) ppdadmin\appboase.doc p~oJ ,(OPllOq OZ~;~ '::'Ul 'Ou!JeeUll~Ue qoo"',[-el~Ul~ u~^ FI, LED 2003 SEP L:!I Y IOWA .... ¥~1 'AJ. IO bJ :i · ou! 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