HomeMy WebLinkAbout06-08-2005 Board of Adjustment
AGENDA
IOWA CITY BOARD OF ADJUSTMENT MEETING
WEDNESDAY, June 8, 2005 - 5:00 PM
EMMAJ. HARVAT HALL
A. Call to Order
B. Roll Call
C. Consider the May 11, 2005 Minutes
D. Special Exceptions
1. EXC05-00009 Discussion of an application submitted by Doc's Standard Inc. for
a special exception to permit a used car lot on property located in the Community
Commercial (CC-2) zone at 801 South Riverside Drive.
2. EXC05-00010 Discussion of an application submitted by Paul Kalb for a special
exception to allow reduction of the required 20 foot rear yard to 5.4 feet to allow
an addition to an existing single-family house located in the Medium Density
Single-Family Residential (RS-8) zone at 1012 Hudson Avenue.
3. EXC05-00011 Discussion of an application submitted by Jehovah's Witnesses
Iowa City for a special exception for a religious institution on property located in
the Community Office (CO-1) zone at 2923 Northgate Drive.
4. EXC05-00012 Discussion of an application submitted by Wal-Mart Stores, Inc.
for a special exception for a gas station and a drive thru pharmacy on property
located in the Community Commercial (CC-2) zone on Ruppert Road.
E. Other:
F. Board of Adjustment Information
G. Adjournment
NEXT BOARD OF ADJUSTMENT MEETING - July 13, 2005
MINUTES
IOWA CITY BOARD OF ADJUSTMENT
MAY 11 , 2005
EMMA J. HARVAT HALL-IOWA CITY, CITY HALL
DRAFT
MEMBERS PRESENT:
Carol Alexander, Michael Wright, Ned Wood, Karen Leigh, Vincent Maurer
MEMBERS ABSENT:
NONE
STAFF PRESENT:
Robert Miklo, Sarah Holecek
OTHERS PRESENT:
Tim Herold, Gary Smith,
CALL TO ORDER:
Chairperson Maurer called the meeting to order at 5':00pm.
CONSIDERATION OF THE MARCH 9.2005 BOARD MINUTES
Wright said that on page 4, paragraph 9, instead of Brow, it should be Brown.
MOTION: Leigh moved to approve the minutes from March 9, 2005. Alexander seconded the
motion. Motion passed 5:0.
SPECIAL EXCEPTIONS:
Exe05·0000S Discussion of an application submitted by Brad Anderson for a special exception to expand
the existing cementitious concrete batch/mix plant to allow for the addition of a warehouse on property
located in the General Industrial (1-1) zone at 3310 South Riverside Drive.
Miklo said that the applicant is requesting a special exception to expand the existing cementitious
concrete batch/mix plant to allow for the addition of a warehouse on property located in the General
Industrial (1-1) zone at 3310 South Riverside Drive. He added that there are no specific requirements for
cement batch/mix plants in the zoning ordinance so the general standards should be considered.
Miklo said that the Zoning Code require special exception for cement plants because of concerns about
traffic, and possible appearance. He added that in 1998 the Board approved a special exception to allow
this particular plant. He said that the approval contained some provisions regarding the landscaping.
He said that the specific proposed exception would not be detrimental to or endanger the public health,
safety, comfort or welfare. He added that the property is generally isolated from residential and
commercial uses. The existing plant has operated in that location for approximately eight years. He
mentioned that when the plant first began operating the City did receive complaints about dust being
raised on the entrance driveway. To address this the applicant paved most of the driveway but did not
receive permission to pave the drive where is crossed the railroad, so the dust is still a concern. He
added that paving the rest of the driveway would help minimize the dust issue. He said that at the time
the previous special exception was granted the Board and staff were concerned about screening of the
plant. Miklo said that the applicant has planted evergreens between Riverside Drive and the plant, and as
the tree mature they should screen the view of the plant.
He added that the proposed exception should 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.
Miklo said that the properties to the north, east and south are zoned for industrial development. He said
that the property to the west contains the County Fairgrounds, but Highway 218 provides a barrier
between the two sites. He mentioned that although this use produces dust and heavy truck traffic, in
staff's view, the addition of the proposed warehouse should not diminish or impair property values,
provided the dust at the intersection is controlled.
Miklo continued by saying that the establishment of the specific proposed exception should not impede
the normal and orderly development and improvement of the surrounding property for uses permitted in
Iowa City Board of Adjustment Minutes
May 11 , 2005
Page 2
the zone in which such property is located. He said that the adjacent properties are zoned for industrial
development, and the plant is compatible with the industrial type uses.
Miklo said that adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided. He said that the added warehouse should not require improvements to the already
existing facilities. The only issue would be the dust control.
Miklo said that adequate measures should be taken to provide ingress or egress designed to minimize
traffic congestion on public streets. He said that the issue of dust is applicable.
Miklo said that except for the specific regulations and standards applicable to the exception being
considered, the specific exception, in all other respects, conforms to the applicable regulations or
standards of the zone in which it is located. He said that the proposed warehouse addition appears to
meet the requirements of the 1-1 zone. At the time of building permit approval, the Housing and Inspection
Services Department would verify that the new building complies with all City Codes.
Miklo said that the proposed use should be consistent with the short-range Comprehensive Plan of the
City. He said that the Comprehensive Plan designates the area as being appropriate for industrial
development. He added that the Plan also encourages careful consideration of the appearance of the
city's entranceway from Highway 218. He said that landscaping and screening are encouraged. He noted
that the applicant has planted evergreens, and for the most part the trees appear to be healthy, but a few
have died or are in poor condition. Miklo said that these should be replaced prior to a certificate of
occupancy being issued for the warehouse.
Staff recommends that EXe05·00008 an application submitted by Brad Anderson for a special exception
to expand the existing cementitious concrete batch/mix plant to allow for the addition of a warehouse on
property located in the General Industrial (1-1) zone at 3310 South Riverside Drive subject to the dead or
unhealthy trees being replaced and the pavement of the remaining unpaved driveway.
Public Hearinq Opened
Alexander asked if the addition of the warehouse would change the amount of traffic.
Tim Herold, 5806 Ely Road, Coralville, said that there would not be a big change. Alexander added that
the nature of the business would not change.
Maurer asked how many trucks a day circulate in and out of the plant. Herold said that they have 10
trucks. He added that on busy days all of them would transport, but in other days some do not even
move. Talking about the driveway, he said that paving the driveway would not be a problem if they
receive the required permits. He said that the railroad is a problem because it represents the railroad
right-of-way.
Gary Smith. facility's manager at Johnson County Fairgrounds, said that they are not opposed to the
addition of the warehouse. However, he said, their concern is the dust. He said that the dust accumulates
on the buildings. He said that the County has jurisdiction over the road, and he believes that the process
of obtaining a permit would be easier.
Alexander asked if the concerns would be resolved if there would be paving. Smith answered yes,
because the dust is the only issue.
Public Hearinq Closed
Holecek said that there seems to be a consensus that the area between Riverside Drive to the East to the
railroad tracks could be paved, but there is concern whether there would be a permit to pave the tracks.
She suggested amending the staff recommendations and say subject to the paving of the road approach
from Riverside Drive east to the railroad, and good faith attempts to obtain a permission to pave the
railroad crossing.
MOTION: Leigh moved that EXe05-00008 an application submitted by Brad Anderson for a
special exception to expand the existing cementitious concrete batch/mix plant to allow for the
Iowa City Board of Adjustment Minutes
May 11, 2005
Page 3
addition of a warehouse on property located in the General Industrial (1-1) zone at 3310 South
Riverside Drive subject to the dead or unhealthy trees being replaced, paving of the road
approach from Riverside Drive east to the railroad, and good faith attempts to obtain a permission
to pave the railroad crossing. Wood seconded the motion.
Alexander said that she would vote in favor of the application. She said that taking care of the dust
problem would make the plant not be detrimental to or endanger the public health, safety, comfort or
general welfare, the proposed exception would not be injurious to the use and enjoyment of other
property in the immediate vicinity and should not substantially diminish or impair property values in the
neighborhood. The specific proposed exception would not impede the normal and orderly development
and improvement of the surrounding property. She mentioned that it is consistent with the
Comprehensive Plan of the City.
Maurer said that he would vote in favor of the application for he reasons already given. He said that all
general standards have been met and have been indicated in the motion.
Wright said that he would vote in favor of the application. He said that exceptions are met except the
replacement of dead or unhealthy trees, paving of the road approach from Riverside Drive east to the
railroad, and good faith attempts to obtain a permission to pave the railroad crossing. He said that the
property is isolated from other properties, utilities are in place. He said that it is consistent with the
Comprehensive Plan of the City.
Wood would also vote in favor for the reasons already stated. He said the property is isolated, is in an
industrial development zone, the concerns of the paving and the trees are to be dealt with. He said that it
is consistent with the Comprehensive Plan of the City.
Leigh said that she would vote in favor for the reasons already stated.
Motion passed 5:0.
Exe04-00020 Consider an extension of the expiration date for a special exception foe expansion of the
First Presbyterian Church to permit installation of a columbarium for property located in the Low Density
Single-Family Residential (RS-5) zone at 2701 Rochester Avenue.
Miklo said that the Board did approve a special exception, and there is a 6 months expiration date upon it.
He said that he applicant has chosen not to proceed because there is an appeal on the Boards decision
to the District Court. He said that they do not want to invest until the issue is resolved. Miklo said that they
are asking for an extension for 6 months or until all appeals are resolved. He said that the extension could
be approved if the Board considers that here would be a good cause.
Holecek said that determining whether it is a good cause involves deciding whether the litigation
challenging the decision is sufficient to preventing somebody from investing into what the decision allows.
MOTION: Alexander made a motion to approve an extension of the expiration date for a special
exception foe expansion of the First Presbyterian ehurch to permit installation of a columbarium
for property located in the Low Density Single-Family Residential (RS-5) zone at 2701 Rochester
Avenue to 6 months after the resolution of the litigation is made and all the appeals have been
resolved. Wright seconded the motion.
Alexander said that being in litigation is a good cause, a factor out of control of the applicant for not
pursuing with their investments.
Motion passed 5:0.
OTHER:
Holecek said, regarding the Shelter House litigation, that an appeal was filed on April 19th and the case
has been fully submitted tó the District Court. She added that they expect a ruling any time soon.
Iowa City Board of Adjustment Minutes
May 11, 2005
Page 4
Holecek said that another thing that should be considered is that the Board can defer, and not take an
important decision in a very short time.
ADJOURNMENT
The meeting adjourned at 5:40 PM.
Minutes submitted by Bogdana Rus.
s:/pcd/minutes/BOA/2005/05-11-05.doc
STAFF REPORT
To: Board of Adjustment
Prepared by: Jeffrey Banks, Planning Intern
Item: EXC02-00009
Date: June 8, 2005
GENERAL INFORMATION:
Applicant:
Doc's Standard Inc.
Contact Person:
Paul "Doc" Rozinek
Phone:
338-2489 or 430-2497
Requested Action:
Approval of a special exception per Section 14-6E-5D-1,
auto- and truck-oriented uses in the CC-2 zone.
Purpose:
To allow a used car lot in the CC-2 zone.
Location:
West side of South Riverside Drive, south of Benton
Street.
Size:
2 lots - approximately 14,136 square feet
Existing Land Use and Zoning:
Filling station & car service center
Surrounding Land Use and Zoning:
North:
South:
East:
West:
Commercial, CC-2
Commercial, CC-2
Commercial, CC-2
Commercial, CC-2
Comprehensive Plan:
The Comprehensive Plan places this property in
the Southwest Planning District, in a mixed-use
area on the land use map.
File Date:
May 5,2005
45 Day Limitation Period:
June 19, 2005
Applicable Zoning Ordinance Sections:
14-6E-5 (D1), Auto- and truck-oriented uses as
special exception in Community
Commercial (CC-2)
14-6W-1, Board of Adjustment Powers and
Procedures
BACKGROUND INFORMATION:
Currently, a filling station and auto-service business is located on two adjacent lots at 801 South
Riverside Drive, at the intersection of Benton Street. The two lots are owned by Ed Morrow. The
tenant, Paul "Doc" Rozinek, has operated a filling station & and auto service shop on the site for
30 years. Mr. Rozinek would like to convert the business to a used car dealership, removing the
2
filling station portion of the business and maintaining the auto service center.
The site is located within the Community Commercial (CC-2) Zone. Because of potential impacts
associated with auto and truck traffic, including vehicle circulation and congestion, aesthetics and
noise, auto- and truck-oriented businesses in the CC-2 Zone are allowed only by special
exception. Mr. Rozinek's application for a used car lot in the CC-2 Zone triggers the requirement
for a special exception.
ANAL YSIS:
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 for the establishment of an auto- and truck-oriented use if the
requested action is found to be in accordance with the regulations of the CC-2 zone and the
general standards for special exceptions as set forth in Section 14-6W-2B.
Auto- and truck-oriented uses in the Community Commercial Zone
The Community Commercial (CC-2) Zone is intended to provide for major business districts to
serve a significant portion of the total community population. In addition to a variety of retail goods
and services, these centers many typically feature a number of large traffic generators requiring
access to major thoroughfares. While these centers are usually characterized by indoor
operations, certain permitted uses may have limited outdoor activities. Auto- and truck-oriented
uses are permitted in the CC-2 Zone only through approval of a special exception. While there
are no specific review standards, it has been the practice to review these uses with regard to
traffic, access, aesthetics, noise, and any other impacts associated with the proposed auto- and
truck-oriented use.
Compliance with the Southwest District Plan
The Southwest District portion of the Comprehensive Plan outlines priorities for the South
Riverside Drive area. Foremost among these priorities are to improve access for pedestrians and
bicyclists and to improve aesthetic appeal in the area by way of landscaping. The proposed use
requires further scrutiny for several reasons. The location of the proposed use, at the intersection
of two arterial streets, Benton Street and Riverside Drive, and the fact that Riverside Drive
represents one of the principal "gateways" for motorists entering the City, place even greater
emphasis on the need for aesthetic improvements. To remain loyal to the principles set forth in
the Southwest District Plan, and continue along the path of aesthetic improvement in the area,
landscaping should be incorporated in the design before the granting of special exception.
In staffs' view, the proposal does not take adequate measures to improve landscaping and
pedestrian safety concerns. The only way to implement improvements in an already developed
area is to require these improvements as properties redevelop and change over time. Typically,
the Board of Adjustment requires landscaping improvements in order to make a new use fit in.
Staff recommends that, at a minimum, a five foot landscaping strip adjacent to the public sidewalk
and alley, and 9 foot wide islands for trees be required on the sides of the driveways which enter
the used car lot. The effect of such a landscaping strip will be to separate the vehicle use area
from the pedestrian use area and prevent parked cars from overhanging onto sidewalk areas.
Other special exceptions in the South Riverside Drive district have been granted on the condition
that landscaping and safety improvements be made including AutoSmart (EXC01-00017), which
required an 8 foot landscaping strip, Hartwig Properties (EXC99-0001), and McDonald's (EXC98-
3
0018). Additionally many area businesses have voluntarily improved the landscaping around their
properties including Enterprise Rent-a-Car (EXC98-0004), Tufty Auto Service Center, The Ground
Round, and Mobil 1 Auto Lube.
Staff has attached two exhibits illustrating possibilities for landscaping which would be compliant
with city zoning regulations and the Comprehensive Plan.
General Standards: 14-6W-2B, Special Exception Review Standards
The Board must find that the applicant meets several general standards spelled out in chapter
14-6W-2-B. The applicants' statements are included in the attached application. Staff's
findings are below.
A. The specific exception will not be detrimental to or endanger the public health, safety,
comfort or general welfare. Many auto- and truck-oriented businesses exist in vicinity of the
site, including a rental car business and another gas station across Benton Street. The traffic
generated by this use is likely to be lower than the gas station currently operating on the site.
However, the proliferation of auto-oriented uses along South Riverside Drive has contributed
to problems with regard to aesthetics, traffic circulation, and pedestrian/bicyclist access and
safety in the area. The Board should ensure that any changes to the existing use include
plans for landscaping with at least a five-foot wide strip surrounding the used car lot and trees
planted as per site design standards in the City Code. The usefulness of such a landscaping
strip is as much for safety as for aesthetic concerns: the strip ensures a separation of
vehicular use areas from pedestrian areas and prevents parked cars from overhanging onto
the sidewalk.
The applicant has stated that he plans to remove underground gasoline storage tanks
associated with the gas station business. In order to avoid any potential long-term risks of
contamination, approval of this special exception should be made conditional on the removal
of these gasoline storage tanks.
B. 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 used car lot is not very different from the
current use. Any effect on neighboring property values from the proposed use is unlikely.
Properties lying immediately adjacent and/or in the vicinity of the site are similarly auto-
oriented, either directly or by way of providing large front-facing parking lots to accommodate
drivers. Several characteristics of the South Riverside Drive district discourage pedestrian
and bicyclist use of the area, including a large amount of paved areas fronting the street and
very narrow sidewalks in places. Separating vehicle use areas from pedestrian sidewalks and
softening the area with natural landscaping is recommended within the Southwest District Plan
as well as the City Code as a means of improving the safety and aesthetic experience for both
pedestrians and motorists. Such improvements may help ensure that property values remain
stable and businesses are attractive to potential consumers.
C. 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. The proposed use is similar to other uses
already established in the surrounding commercial area. The proposed use should not
impede the development and improvement of surrounding property for uses permitted in the
Community Commercial Zone provided that adequate care is taken to separate vehicular use
areas from pedestrian facilities along the public street. Neighboring businesses in the
immediate vicinity have improved landscaping consistent with the Southwest District Plan,
contributing to the long-term goal of improving the aesthetic experience of the South Riverside
4
Drive corridor for both motorists and pedestrians. The Board should act to ensure continued
progress towards improving pedestrian safety and making aesthetic improvements in the
area.
D. Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided. Existing access is adequate. No new curb cuts are proposed for this lot.
E. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets. Generally gas stations generate
greater traffic than used car lots so traffic concerns are likely to be lessened under the
proposal. When possible, the City discourages curb cuts on arterial streets and generally
requires that they be as far from an intersection as possible. Because the existing curb cuts
are so close to the street intersection, conditions for, ingress and egress are not ideal, but the
size of the site is such that it prevents other alternatives. Furthermore, at 35 feet, the driveway
along Benton Street is much wider than necessary. Narrowing the driveway to 25 feet may
improve traffic and pedestrian circulation along Benton Street. Adding 9-foot wide tree islands
on either side of driveways will reduce the width of the drive and help to satisfy the street tree
requirements without losing much parking/display space on the lot.
F. Except for the specific regulation 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. Several
areas within the proposed use application are inconsistent with the City Code. First, according
to the City's current site plan ordinance, 14-5H-5K, any parking area intended for the use of
more than four (4) vehicles which is adjacent to any street should be separated from the street
by a curbed, planted area not less than 5' in width. The proposed use does not provide an
adequate landscaping buffer with the street. Though the used car lot is not parking, because
of the difficulty differentiating between vehicles for sale, vehicles belonging to customers and
vehicles being serviced by the auto service portion of the business, this proposed use will be
required to provide these landscaping contributions as if it was parking. The effect of the
proposed use will be like that of a parking lot and so applicant will have to comply with all
pertinent site plan and zoning regulations. Similarly, the stationing of automobiles along the
back side of the lot, which abuts an alley, necessitates a landscaping buffer or a curb (14-6N-
1 B-H) to separate the storage/display area from the public row.
Second, tree regulations within the city zoning ordinance (14-6R-6B), require that large trees
be planted adjacent to street right-of-way at a minimum ratio for corner lots of one tree for
every 60 feet of lot frontage. Space will need to be provided for trees as they mature per
section 14-6R-7 of the Code which may easily be accomplished with three - 9 foot wide
islands on the sides of the two driveways. Resulting driveways should be about 25 feet in
width.
Additionally, the site plan proposal submitted by the applicant, is currently drawn out of scale
and does not properly portray the proportional size of cars on the lot. The city has provided an
example of the used car lot as it might be configured. The applicant has submitted an
illustration of the proposed use showing signage. Aspects of the proposed signs, such as the
flags, do not comply with the sign ordinance. Prior to permits being issued, the applicant will
have to comply with all other City Code requirements.
G. The proposed use will be consistent with the Comprehensive Plan of the City, as
amended. A central tenet of the Southwest District portion of the Comprehensive Plan is that
improvements be made for the pedestrian use and aesthetic experience of the South
Riverside Drive area. Although the proposed used car lot is similar to the current use, the site
5
layout as proposed is inconsistent with the Plan. The proposal does not have sufficient
measures for safeguarding pedestrian safety and softening effects of this auto- and truck-
oriented use. At minimum, a five-foot wide strip for plantings between the parking/auto display
area and the sidewalk, and appropriate space for trees, would help to make the auto- and
truck-oriented use compatible with the intended use and character of these two major arterial
streets. Improved landscaping for the proposed use should be required as a part of the
special exception process and made a condition to granting any special exception in this case.
STAFF RECOMMENDATION:
Staff recommends that EXC05-00009 be approved, provided the following conditions are met:
1) A 5-foot wide curbed, planting area is constructed and properly maintained along the
Benton Street and Riverside Drive frontages of the property;
2) Vehicular use areas on the site are separated from the alley by curbing or curbed planting
areas;
3) At least 3 street trees are planted and maintained according to City Code requirements;
and
4) All underground fuel storage tanks are removed from the site.
ATTACHMENTS
1. Location map
2. Application with attachments
3. Aerial photo of site
S:\PCD\lnterns\Urban Planning\Staff Reports
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APPEAL TO THE EYCCD5-ClXJ1Z([f1
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
TITLE 14, CHAPTER 6, ARTICLE W
DATE: ;'} ~) bt; PROPERTY PARCEL NO. 0
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APPEAL PROPERTY ADDRESS: (6 D) ç 7; \if rs\ d ~_ ~ r \ vC
APPEAL PROPERTY ZONE: APPEAL PROPERTY LOT SIZE: ~
APPLICANT:
Name12~c, S~nckrcl ~L.
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Address: 5[») S, \ Yersì r\ '{ f
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Phone: )¥6 / JL¡ ~ C-¡
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CONTACT PERSON: Name: ~l ¿~cJ .&:U ,,~ d't;~'¡, ~"LMe ~t HA1 Lb ,r '-j
A-V1~\1 ß~rYìS Address:4(oSG Nf)tih~lï~. Ür~v-( 0(;_ Cfd~f'ß~Jç,
C ~ J q ~() .)~-l/rl~ Phone: fhw (: 4?)\)~)L¡0¡ l H- ~t;L¡--Sc,c;6
PROPERTY OWNER: Name: 2 à t1\ \) "r)' ~ 'v\/
Address: J4t1 ~ í ¥Y'l>~N'c, --JVL.
Phone: 6)~- J 7{) C¡D~Ç
Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter:
"Ai Oll! d I ; 1< ~ in ; \'\LDr~( C1 \4 '1' J rAY" h, t Wdh'\'eX' ¡ sh 1"\'1 ~I.,; he <,,,,
Purpose for special exception: Vv ¿)\1/l 1 j k-£' re ZJ)'hP d to ¡r L1S-e rl.
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Date of previous application or appeal filed, if any:
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INFORMATION TO BE PROVIDED BY APPLICANT:
A. Leaal description of property: G 1
1 Dt I ~ ~ \i?( \<.~ exCf p\.'
B. *Plot plan drawn to scale showing:
1.
2.
3.
4.
5.
Lot with dimensions;
North point and scale;~.
Existing and proposed structures with distances from property:lij'¡øs;
Abutting streets and alleys;
Surrounding land uses, including the location and record owhør- of7~,!ach
property opposite or abutting the property In question;
Parking spaces and trees - existing and proposed.
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6.
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rSubmlssion of an 82" x 11" bold print plot plan is preferred.]
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C. 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,
~t forth the ~roundS offere~ as supp.ort for the special exce~tion., ,
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bf ~'( v,'1f ~ C4 r ~,hY"L, VVb~W ht 41-1 tJW'U 'I'~ }1J;'l -tþ~ ßlh'hr»
D. The applicant Is required to present specific information, not Just opinions, that the
aeneral standards for the arantina 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.
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2.
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3. 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.
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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 the neighborhood.
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5. Adequate measures have been or will be taken to provide ingress or egress
designed so as to mini ize traffic congestion on public streets.
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6. 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; Section
14-6Q, Dimensional Requirements, or Section 14-6R, Tree Regulations, as
appropriate.]
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1. The proposed use will be consistent with the short-range Comprehensive
Plan of the eity.
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E.
List the names and mailing addresses of the record owners of all p~~perty lR9ated
within 300 feet of the exterior limits of the property involved in this appeal:
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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 a 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 flied 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).
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 eity 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.
Date:
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Date:
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Signature(s) of Applicant(s)
Signature(s) of Property Owner(s)
if Different than Applicant(s)
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STAFF REPORT
To: Board of Adjustment
Prepared by: Karen Howard
Item: EXC05-00010
1012 Hudson Ave
Date: June 1, 2005
GENERAL INFORMATION:
Applicant:
Paul F. Kalb
12471 Eton Circle
Dubuque, IA 52001
Contact Person:
Paul Kalb
(563) 584-0416
Requested Action:
Approval of a special exception to reduce the rear yard
from 20 feet to 5 feet.
Purpose:
To construct an addition to the house that will square
off the rear façade and fix some structural problems
Location:
1012 Hudson Avenue
Lot Size:
50' x 138' - 6900 square feet
Existing Land Use and Zoning:
residential; Medium Density Single Family (RS-8)
Surrounding Land Use and Zoning:
North:
South:
East:
West:
residential; RS-8
residential; RS-8
residential; RS-8
residential; RS-8
Comprehensive Plan:
Residential
Applicable Code Requirements:
14-60-4B, special exception to established setbacks;
14-6W-2B, special exception review standards
File Date:
May 12, 2005
BACKGROUND INFORMATION:
The applicant, Paul Kalb, owns the single family house at 1012 Hudson Avenue. Mr. Kalb would like
to make some structural improvements to this rental property. He would like to put a 57 -square-foot
addition on the rear of the house and in doing so square off the rear façade and fix some structural
problems with the roof.
The required rear yard in the RS-8 Zone is 20 feet. However, the existing house is located 5'4"
from the rear property line, making it a nonconforming structure. According to the Iowa City Zoning
Code, a nonconforming structure may be enlarged, provided the enlargement does not increase the
2
nonconformity. The applicant would like to square off the northeast corner of the home by adding a
small addition. Since this addition would be located in the required rear yard, it would be an
enlargement of a nonconformity and would not be allowed unless a special exception is granted to
reduce the rear yard to 5 feet.
ANAL YSIS:
The purpose of the Zoning Chapter is to promote the public health, safety and general welfare, to
conserv~ and protect the value of property throughout the city, and to encourage the most
appropriate use of land. It is the intent of the Zoning Chapter to permit the full use and enjoyment of
property in a manner that does not intrude upon adjacent property. The Board of Adjustment may
grant relief from the requirements of the Zoning Chapter through a special exception if the action is
considered to serve the public interest and is consistent with the intent of the Zoning Chapter.
Specific Standard: 14-6Q-4B, Exceptions to Established Setbacks
Subsection 14-60-4B of the Zoning Chapter states that a special exception may be granted by the
Board of Adjustment modifying yard requirements when the owner or lawful occupant of property
demonstrates that such person's situation is peculiar to the property in question, that there is
practical difficulty in complying with the dimensional requirements of this Chapter and that conditions
of Article W of the Zoning Chapter can be met.
Peculiar Situation - The peculiar situation in this case is that the existing home is set back
approximately 78 feet from the front property line, considerably further from the street than the other
homes along the frontage. According to the Johnson County Assessor, the home was built in 1935.
There is some speculation that the original home was at some point destroyed by fire and rather than
being rebuilt, the owner modified the garage into a dwelling. Regardless of how the original situation
occurred, the existing home sits in a peculiar location on the lot.
Practical Difficulty - The existing home is quite dilapidated and in need of repair. Over the years, a
number of changes have been made to the home resulting in varying rooflines and a cobbled
together appearance. The current owner would like to square off the rear façade and make a more
uniform roofline and in the process fix some structural problems. Without a special exception to
reduce the rear yard, it would be difficult to make the necessary improvements.
General Standards: Section 14-6W-2B, Special Exception Review Standards
The applicants' statements regarding each of the seven general standards are included within the
attached application. Staff comments on these standards are set forth below and correspond to
the standards as lettered in subsection 14-6W-2B of the City Code.
a. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare - Staff finds that the proposed reduction will not
be detrimental to or endanger the public. The proposed changes to the existing home will likely
improve the structural integrity and appearance of the rear façade of the home.
b. 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 - Reducing the required rear yard from 20 feet to 5 feet is a
substantial reduction. However, the proposed addition is small and will result in a structural and
aesthetic improvement to the existing home. The property abuts the rear yard of triangular lot
3
that faces Douglass Court. Sufficient yard space exists between the properties to afford each
owner some privacy. In addition, a six-foot tall privacy fence separates the two properties and
limits views between the abutting yards. If the yard reduction is only approved for the length of
the rear façade, including the proposed addition, no further encroachment into the rear yard
would be allowed in the future.
c. 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 - The proposed addition will improve the
aesthetics of the home as viewed from neighboring properties, so should not impede
development or improvement of surrounding properties.
d. 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 exception will not result in
a change to vehicular access.
e. The proposed use will be consistent with the Comprehensive Plan of the City - The use of
the property will remain single family residential, which is consistent with the Comprehensive
Plan.
STAFF RECOMMENDATION:
Staff recommends that the Board approve EXC05-00010, a special exception to reduce the required
rear yard from 20 feet to 5 feet for length of the rear façade of the existing dwelling, including the
proposed addition as illustrated on the attached plot plan, for property located in a Medium Density
Single Family Residential (RS-8) Zone at 1012 Hudson Avenue.
ATTACHMENTS:
1. Location Map
2. Application with attach men
Approved by:
Karin Franklin, Director 0 Planning,
Department of Planning and Community Development
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APPEAL TO THE ~CX[)S-(](¡{J)I(j)
BOARD OF ADJUSTMENT ~e-_ ~o
SRECIAL EXCEPTION
TITLE 14, CHAPTER 6, ARTICLE W
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DATE: :ç- /1- oS-
PROPERTY PARCEL NO. / () I r:; -1 Z 0 ("
APPEAL PROPERTY ADDRESS: ) 0 I 2 J-( ,j V ,:::~ (' /'.j It it: '
APPEAL PROPERTY ZONE: R s -~3
APPEAL PROPERTY LOT SIZE: (: )ðO ;'-:C¡'.rt
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APPLICANT: Name: rJ -- r< _.! ¿.{,,;
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Address: , ,~- "1- ? / L~ 't-()¡./ :..,C
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Phone: 5'c,.=; - s-s 'f - 04-1 ç,
CONTACT PERSON: Name: <5 1-t-1l7¿ /'t: <;; A-¿;" )y"C
Address:
Phone: ,
PROPERTY OWNER:Name: -::A dIG' /'f -" t-IßÖI··C
Address:
Phone:
Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter:
)'1-Ic,D--3-£'-4c.
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Purpose,for special exception:
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Date of previous application or appeal filed, if any:
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INFORMATION TO BE PROVIDED BY APPLICANT:
A. Leaal description of property:
02-50-/..s- eAIi..,£·Ý~ ~ECK., ApPltlON t-J J-O"r IS-
B. *Plot plan drawn to scale showing:
1. Lot with dimensions; _ _
2. North point and scale; "è
3. Existing and proposed structures with distances from property lines;
4. Abutting streets and alleys;
5. Surrounding land uses, including the location and record owner of eäch
property opposite or abutting the property in question;
6. Parking spaces and trees - existing and proposed.
rSubmisslon of an 82" x 11" bold print plot plan is preferred.]
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C. 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.
í' Hi ¿x I :/ '7 A/ &.; .:s rf~ '. }(~n..l ~: t.:: /..s..> '- "'f" o,c:~ 7717:; lC.c;7*-i2- P R.. opel< TY
'-ING. TIt£' f"KDPo5£y) AVvlT70# sQvAfi!.ó5 of;::::: TFf6 /Vo-'<77f @l5,'
[.d¡fE;«, o¡:.-: 77ft:: C)(¡:::;-T1lVq ;;>W-C-¡'¿";IIV~ ð~¿:;A:TJN'" APPrr,olVA-L k-IVí;J6;
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D. The applicant is required to present specific information, not just opinions, that the
aeneral standards for the arantina 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.
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2. 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 the neighborhood.
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3. 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.
THE~ ¡;'¡;"/" ,'"-/» t2;XC/.-:.¡.JrH)AJ WIL-t.- e'µc..ðU¡é?A~t'3 'mep...pY61)1G~
OJ:r T'liE7> $¡'I-'I">c""./;,,!{¡I:;, P'r':'!"':1t.T'''/ ro,2 Tl'ft': f)/bþ¡vn;
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4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
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5. Adequate measures have been or will be taken to provide ingress or egress
designed so as to minimize traffic congestion on public streets.
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6. 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; Section
14-6Q, Dimensional Requirements, or Section 14-6R, Tree Regulations, as
appropriate.]
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7. The proposed use will be consistent with the short-range Comprehensive
Plan of the City.
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within 300 feet of the exterior limits of the property involved in this appeal: . ..
NAME
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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 a 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).
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.
Date:
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Signature(s) of Applicant(s)
Date:
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Signature(s) of Property Owner(s)
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To: Board of Adjustment
STAFF REPORT
Prepared by: Karen Howard
Item: EXC05-00011 Date: June 1, 2005
Lot 14 of the Northgate Corporate Park
GENERAL INFORMATION:
Applicant:
Contact Person:
Requested Action:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
Applicable Code Requirements:
File Date:
BACKGROUND INFORMATION:
English Congregation of Jehovah's Witnesses
1812 N. Benton St.
Iowa City, IA 52240
Curt Milakovich
2260 E. Grantview Drive
Coralville, IA 52241
Approval of a special exception for a religious institution in
the CO-1 Zone
Lot 14 of the Northgate Corporate Park (2923 Northgate
Drive)
1.9 acres
Undeveloped; Commercial Office (CO-1)
North: School of Specialized Instruction; CO-1
South: Interstate 80
East: Undeveloped; CO-1
West: Office; CO-1
The area is intended to provide opportunities for large-
scale office park uses.
14-6E-1 D, Special Exceptions in the CO-1 Zone
14-6W-2B, special exception review standards
May 13, 2005
The English Congregation of Jehovah's Witnesses has purchased an undeveloped lot in the Northgate
Corporate Park at 2923 Northgate Drive. The property is zoned Commercial Office (CO-1). The
applicants intend to build a religious meeting facility on the property. Religious institutions are allowed
by special exception in the CO-1 Zone. There are no specific approval criteria listed in the zoning code
for religious institutions locating in the CO-1 Zone, but the applicant must demonstrate that the general
special exception approval criteria are met.
2
ANAL YSIS:
The purpose of the Zoning Chapter 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 Zoning Chapter to permit the full use and enjoyment of property in a
manner that does not intrude upon adjacent property. The Board of Adjustment may grant relief from
the requirements of the Zoning Chapter through a special exception if the action is considered to serve
the public interest and is consistent with the intent of the Zoning Chapter.
General Standards: 14-6W-2B, Special Exception Review Requirements
The applicants' statements regarding each of the seven general standards are included within the
attached application. Staff comments on these standards are set forth below and correspond to the
standards as lettered in subsection 14-6W-2B of the City Code.
1. The specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare - There is adequate space on the proposed property for the
proposed use and the associated parking. Vehicular and pedestrian facilities are adequate to
serve the proposed use. There is also sufficient separation between the proposed use and other
uses in the vicinity. Therefore, staff finds that the proposed exception will not be detrimental to or
endanger the public health, safety, comfort or general welfare.
2. 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 properties along Northgate Drive are all at least 1 acre in size,
including the subject property proposed for a religious institution. As such, there is sufficient site
area to separate the activities on the proposed property from other properties in the vicinity. There
should be little impact, if any, on surrounding properties.
The applicant states that peak hours of use will occur on weekends and in the evenings, so traffic
to the site should be minimal during regular business hours. There may be some occasional
overlap between the peak hours of use for the proposed church and the Preucil School of Music
located across the street from the subject property. However, the traffic volume along Northgate
Drive is quite low, with sufficient capacity to handle peak hour traffic from the proposed use.
The applicant has indicated that more than 80 parking spaces will be provided on the site. The
minimum number of required parking spaces for a religious institution of this size is 30 parking
spaces, so parking should be more than adequate.
3. 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 2, above.)
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided - Adequate utilities, access roads, drainage should be provided by the developer
as per the subdivider's agreement. A 70-foot wide pedestrian parkway easement is required along
Northgate Drive as a part of the development. The applicant has illustrated this parkway and the
associated sidewalk on the site plan submitted with the application.
5. Adequate measures have been or will be taken to provide ingress or egress designed so
as to minimize traffic congestion on public streets - Traffic volume along Northgate Drive is
quite low and capacity is sufficient to handle traffic generated by the religious institution.
3
6. 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 application
states that the proposed development will meet all requirements. It should be noted that the
proposed special exception is for the use of the site only. The applicant will still be required to
meet all other City Code requirements. The applicant has submitted a site plan for review by the
City. Staff notes that there a few minor deficiencies with the parking lot design that will need to be
corrected prior to obtaining a building permit. Staff has discussed these with the applicant and
they are in the process of amending their site plan to comply with City standards.
7. The proposed use will be consistent with the Comprehensive Plan of the City, as amended-
The comprehensive plan designates the area around the Interstate 80 interchange as suitable for
large office and research development uses. The Commercial Office Zone provides some
opportunity for the development of religious institutions, provided they are developed in a way that
is compatible with the other uses allowed in the zone. As stated above, the proposed use, traffic,
and congestion anticipated for the proposed religious institution will be compatible with other uses
permitted in this area as long as the site is designed in a manner that complies with the City's
zoning and site plan review standards.
STAFF RECOMMENDATION:
Staff recommends that EXC05-00011, a special exception to allow development of a religious institution
at 2923 Northgate Drive in the Commercial Office (CO-1) Zone, be approved.
ATTACHMENTS:
1. Location Map
2. Application with attachme ts
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Approved by:
Karin Franklin, Directorof Planning
Department of Planning and Community Development
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APPEAL TO THE
BOARD OF ADJUSTMENT*S~~
SPECIAL EXCEPTION ~ F-1
TITLE 14, CHAPTER 6, ARTICLE W
DATE:
5/;">/0 c;;:
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PROPERTY PAReEL NO. 07304-S~>
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APPEAL PROPERTY LOT SIZE: ¡.1' A-t::-~
APPEAL PROPERTY ADDRESS:
APPEAL PROPERTY ZONE: Co.- J.
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APPLICANT: Name: ...)e"'*'rlA'1t /? JUJÎIV~ .lAvA-I
1'81 Þ ¡fI- ~N rz;>A.I -'71.
Address: /~Æ-¿¡"', /A-. .þ;z....:2-~
Phone: p¡q.- ~J ' :J-1Þ!
CONTACT PERSON: Name: ?v p..-"/ .AA.lJ--A'Jt4PJ' J¿H-
;J-.:J..hO f;::., &'P-AN-r¡//~ ~.
Address: ~£ 6. ~ ~A ~~;J..-4-1
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Phone: ~/q -':t,?;>7 -'1;)-70
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PROPERTY OWNER: Name: (?~,M A1'Yµ~~
Address:
Phone:
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Specific Requested Special Exception; Applicable Section(s) of the Zoning ehapter:
¡4-(oE--A: þ.¿;". ~f.,tblt;!tJ~ 1.AJ~T 1't.rfl(?AJ IAJ Cbl ~=-
Purpose for special exception: -\D íþu¡J,-!? ?-IAlbT;;>ðµ¡; .HAz..-L- ~/J. ~A/6
~e:- .-J~VA+f17 lµ£-rIJ~~
Date of previous application or appeal filed, if any:
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INFORMATION TO BE PROVIDED BY APPLICANT:
A. Letlal description of property:
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B.
*Plot plan drawn to scale showing:
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1. Lot with dimensions;
2. North point and scale;
3. Existing and proposed structures with distances from property lines;
4. Abutting streets and alleys;
5. Surrounding land uses, including the location and record owner of each
property opposite or abutting the property in question;
6. Parking spaces and trees - existing and proposed.
[*Submission of an 8 %" x 11" bold print plot plan is preferred.]
e. 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, eity eode).
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.
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D. The applicant is required to present specific information, not just opinio1í~, that tñe
tleneral standards for the tlrantintl of a special exception (Section 14-6W-2B2, eity
eode), 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.
v~t-- ¿;;, ~JtA7J/-J6 J? ~ µ~'1);U6 í7V¡Z?~~
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2. 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 the neighborhood.
~/µb A II.I¿/,It./- 'f7!/~,,(j~"?>-- "A.n':~1 ,I 71Í~ .A-4A-.J¿?f1&'j *
¿j?V¡e-- .A£7Jv't7J~ ~/¿'-v I!?~~ -71~~ ~¡z.?
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3. 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.
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~~ ¿U-e..- F'efn;... 1"7 ¿h!9MYÃ'TIIþe.-~ JU17H- t!Ø¥1?7A-t/6
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4. Adequate utilities, access roads, drainage and/or necessary féÍ:çjlities have
been or are being provided. - .
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5. Adequate measures have been or will be taken to provide ingress or egress
designed so as to minimize traffic congestion on public streets.
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&-rA&~~ A-~Nþ tPvp:-,¡(../'e/ý....r~p/7 ~7t~7
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6. 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 eode Section 14-6L-1, Special Exception Enumerated
Requirements; Section 14-6N-1, Off-Street Parking Requirements; Section
14-6Q, Dimensional Requirements, or Section 14-6R, Tree Regulations, as
appropriate.]
II I ~ t?t/p-- e¡w~ 1';U~~7"./¿9þ' ~ C--PJVC.n-c¡ /V/7rt
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7. The proposed use will be consistent with the short-range eomprehensive
Plan of the eity.
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E. 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
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STAFF REPORT
To: Board of Adjustment
Item: EXC05-00012 Ruppert Road Wal-Mart
Prepared by: John Yapp
Date: June 8, 2005
GENERAL INFORMATION:
Applicant:
Wal-Mart Stores Inc.
2001 SE 10th Street
Bentonville, AR 72716
Contact Person:
Joseph Altenhoff c/o Arcview Design
1475 S Perryville Road
Rockford, IL 61108
Phone: 815-484-4300
Property Owner:
City of Iowa City
Requested Action:
Special exception approval
Purpose:
To allow two auto-and-truck oriented
uses in the CC-2 Zone, specifically a
drive-through pharmacy and a gas
station.
Location:
Ruppert Road area, south of Highway
1, north of the Iowa City Municipal
Airport.
Property Size:
Approximately 21.86 acres
Existing Land Use and Zoning:
Undeveloped; P/CI-1
Surrounding Land Use and Zoning:
North: Commercial, CI-1
South: Public Airport
East: Commercial; CC-2
West: Commercial; CI-1& CC-2
Comprehensive Plan:
General Commercial
File date:
May 16, 2005
BACKGROUND INFORMATION:
Recently the City Council agreed to sell a portion of the Aviation Commerce Park to a Wal-
Mart Stores, Inc., who would construct a Wal-Mart Supercenter on the west 21.86 acres of
Aviation Commerce Park. The property is currently going through a rezoning process to be
2
zoned from Intensive Commercial, CI-1, to Community Commercial, CC-2. Should the
property be rezoned to CC-2, general retail uses would be permitted on the property. Wal-
Mart Stores is proposing a drive-through pharmacy and gas station on the property, which
are common at other Wal-Mart Supercenter locations. Auto-and-truck oriented uses,
including drive-through facilities and gas stations, are required to receive special exception
approval from the Board of Adjustment to be permitted in the CC-2 Zone.
ANAL YSIS:
The purpose of the Zoning Chapter 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 Zoning Chapter to permit the full use
and enjoyment of property in a manner that does not intrude upon adjacent property. The
Board of Adjustment may grant relief from the requirements of the Zoning Chapter through
a special exception if the action is considered to serve the public interest and is consistent
with the intent of the Zoning Chapter.
14-6E-5D1: Auto and Truck Oriented Uses in the CC-2 Zone
The CC-2 Zone permits auto and truck oriented uses by special exception, but provides no
criteria or standards by which to review such facilities. The requirement for a special
exception was incorporated into the CC-2 Zone regulations due to concerns about
compatibility of the auto-and-truck oriented uses with adjacent properties, including traffic
circulation and aesthetic issues. The general standards for special exceptions address
these concerns.
Drive-through pharmacy
Three issues raised by drive-through facilities include: 1) How well the drive-through area is
separated from surrounding pedestrian and vehicular use areas, 2) Whether there is
enough vehicle queue storage area, and 3) compatibility of the drive-through area with
adjacent land uses.
The proposed drive-through pharmacy consists of two lanes located at the northwest corner
of the proposed Wal-Mart store. Traffic accessing the drive-through pharmacy is separated
from the main parking lot, and entering traffic will not be inhibited by any stop or yield signs,
and will not cross pedestrian use areas. Traffic exiting the drive-through pharmacy will
cross a pedestrian access to the store, however it appears visibility is adequate, and traffic
existing the drive-through will be traveling at a low rate of speed to avoid any conflicts.
Staff conducted observation of drive-through pharmacies during peak times several years
ago when drive-through pharmacies were proposed at Hy-Vee and Walgreens in the First
Avenue I Muscatine Avenue area. We found that drive-through pharmacies rarely have
more than three (3) vehicles queuing at anyone time during peak periods. The Wal-Mart
drive-through pharmacy has more than enough queuing area for waiting vehicles, and due
to its location the line of vehicles will not impact any public street. The drive-through
pharmacy should be compatible with surrounding properties, which include other
commercial uses and the Iowa City Municipal Airport.
U:\special exceptions\Wal-Mart special exception.doc
3
Gas Station
Gas stations have the potential to generate large amounts of traffic to a relatively small
amount of property. Scrutiny must be given to the design and layout of the gas station to
ensure public streets are not negatively impacted by traffic, and to ensure the design of the
gas station facility does not detract from adjacent properties.
Ingress and egress: Two access points are proposed to the gas station, one on Ruppert
Road and one on a new east-west road proposed to be located along the north side of the
Aviation Commerce Park property. The access points are located approximately 120 feet
and 180 feet from the intersection, which is adequate spacing for collector streets. Using
the Institute of Transportation Engineers Trip Generation 1h Edition manual, a gas station
that does not serve concessions has the potential to generate up to 20.5 vehicle trips per
day per fueling stall during the PM peak. With the proposed eight (8) stalls, up to 164
vehicle trips may be generated to this gas station, 50% entering I 50% exiting, during the
peak hour of traffic. If 50% of the entering vehicles uses the north access point, there will
be 41 southbound vehicles turning left into the gas station property. According to the City
Traffic Engineering Planner, for a collector street, this is not enough left turning vehicles to
warrant a separate left turn lane at this location for the gas station use.
Preliminarily, the designer for the Wal-Mart site has proposed a three-lane cross-section for
Ruppert Road, including two southbound lanes and one northbound lane. The design of the
transportation infrastructure for this site will need to be based on a traffic study to be
approved by the city. The traffic study should anticipate traffic not only from the auto-and-
truck oriented uses proposed for the property, but also primarily from the retail use
proposed which will generate a majority of the traffic. The design of access roads to this
property will be detailed in a resubdivision of the property. Therefore, staff recommends
that should the Board of Adjustment approve the auto-and-truck oriented uses for this
property, it be subject to a subdivision being approved that provides the infrastructure to
adequately serve the uses as proposed.
Lighting: The applicant has provided an example of a light fixture to staff that is proposed
to be used on the gas station site. The light is downcast and recessed into the fixture,
which will help prevent spill-over lighting from affecting adjacent properties. The site will be
required to meet the City's lighting standards during the site plan review process.
The Federal Aviation Administration (FAA) may require certain warning lights on the gas
station site and other areas of the property. The applicant has submitted the site plan to the
FAA for their review. The site is not in the runway protection zone for the north-south
runway of the Airport.
Landscaping: One of the concerns during the rezoning discussion of this property was
related to landscaping, of new and redeveloping commercial properties along the Highway 1
corridor. The South Central District Plan encourages landscaping and attractive lighting
design for commercial properties in this area. A landscaping plan for the proposed Wal-
Mart site is attached, and includes trees, groupings of shrubs and grass around the
perimeter of the site and the parking lot islands.
U:\special exceptions\Wal-Mart special exception. doc
4
General Standards: 14-6W-2B, Special Exception Review Standards
The Board must find that the applicant meets several general standards for special
exceptions as enumerated in City Code Section 14-6W-2B. The applicants statements are
included in the attached application. Staffs findings are below.
A. The specific exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare. Auto-and-truck oriented uses are not
uncommon in this commercial corridor. The drive-through pharmacy is separated
from other pedestrian and vehicular use areas. The access points for the gas
station are appropriately separated from the nearest intersection. The gas station is
not in the runway protection zone for the Iowa City Municipal Airport. There are no
neighboring residential uses that might be affected by the gas station traffic.
B. 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.
Adjacent developed properties are commercial, and many are high-traffic-generating
businesses. Appropriate commercial development has the potential to increase
values of the general area over undeveloped land.
C. 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 for which such property is located. With
appropriate infrastructure being provided, the auto-and-truck oriented uses should
be compatible with, and generally accessory to, the larger retail Supercenter
proposed for the property. The appropriate infrastructure will be designed as part of
the subdivision and public improvements on the property.
D. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided. Utilities and transportation infrastructure will need to
be relocated and improved to accommodate the proposed uses. Staff recommends
the special exception for the auto-and-truck oriented uses on this property, as
proposed, be approved subject to a subdivision of the property being approved that
reflects the appropriate infrastructure.
E. Adequate measures have been or will be taken to provide ingress and egress
designed so as to minimize traffic congestion on public streets. The drive-
through pharmacy is located so that queuing traffic will not impact public streets.
The gas station is proposed at the intersection of two public streets. The driveways
are separated from the intersection by approximately 120 and 180 feet respectively,
which is appropriate spacing for a collector street such as this. Traffic turning into
and out of the gas station site will not affect Highway 1, the main arterial street
serving this area.
F. Except for the specific regulation 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. Provided a subdivision of the property is approved that includes
U:Ispecial exceptionslWal-Mart special exception.doc
5
appropriate transportation and utility infrastructure, as approved by the City, the
auto-and-truck oriented uses as proposed on this property should conform to City
standards. Site plan approval will still be required for these proposed uses.
G. The proposed use will be consistent with the short-range Comprehensive Plan
of the City. The Comprehensive Plan reflects Retail/Community Commercial
development for this property. The proposed auto-oriented uses are consistent with
a large traffic-generating business proposed for this area.
STAFF RECOMMENDATION:
Staff recommends that EXC05-00012, a special exception for auto-and-truck oriented uses,
specifically an eight-stall gas station and a two-lane drive-through pharmacy, for property
located on Ruppert Road on the west side of Aviation Commerce Park, be approved,
subject to a subdivision of the property r lecting infrastructure providing appropriate access
to the uses as proposed.
"
Approved by:
ATTACHMENTS:
1. Location map
2. Preliminary site plan
3. Preliminary landscaping plan
4. Example of light fixture
U:lspecial exceptionslWal-Mart special exception.doc
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MAGNUSQUARE® II - MSV
FLAT AND CONVEX
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Features
· Vertically lamped with high wattage capabilities makes the MSV perfect for large
area lighting projects of our most demanding customers. Both convex and flat
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· Square, one piece formed aluminum housing is completely sealed to keep
contaminates and moisture out.
· Flat glass models feature an extruded aluminum frame with silicone gasketing
and Hubbell Gard fasteners. Convex glass models use formed doors secured with
Hubbell Gard® hardware.
· Both flat and convex glass models feature multi-faceted segmented panels. Flat
glass unit offers Type I, III, IV, and V Square distributions while the convex unit
offers two levels of performance. The standard optic is available in Type I, III, IV,
and V square distributions and an available "Super" optical system for the Type
III, and V distributions. Rotatable in 90° increments.
· Extruded aluminum arm for pole mounting available in both 4" and 10" sizes.
· Mogul porcelain socket, pulse rated, with spring loaded, nickel plated center
contact and reinforced lamp grip screw shell.
· CWA type ballast, 60 Hz HPF, starting rated at -20°F (-40°F HPS). 50 Hz available,
consult factory. Lamp included.
Ordering Information Example: MSV - A - 1000H - FP - 5 - 2 - R4
Series
MSV
Mounting
A
Magnusquare
Arm Mount (arm not included,
order separately)
Lamp TypefWattage'
Metal Halide
400H 400W (ED-37)
1000H 1000W (BT-37)
Pulse Start Metal Halide
7S0P 750W (BT-37)
1000P 1000W (BT-37)
High Pressure Sodium
400S 400W (ED-18)
Accessories - Order Separately
Series
Lampl
Watts
Optics
Volts
Color
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Optical System
Flat Glass
FI Vert. I
FP Vert. III
FT Vert. IV
FW Vert. V (square)
Convex Glass
VI Vert. I
VP Vert. III
BP Vert. III'
VT Vert. IV
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Voltage
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5
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Four inch rigid arm (shipped in
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1 Lamp Included
2 High Performance Optics
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Note For Photocontrol Equipment, see Hubbell
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0.2 m' 30.8 k
2.4 ft' 63 Ibs.
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Exc:oS- ODOIJ
APPEAL TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
TITLE 14, CHAPTER 6, ARTICLE W
DATE: 05/12/05
PROPERTY PAReEL NO.
APPEAL PROPERTY ADDRESS: South of Hwy. 1 on Ruppert Road
APPEAL PROPERTY ZONE: CC-2
APPEAL PROPERTY LOT SIZE: 21.86 total acreage
APPLleANT: Name: Wal-Mart Stores, Inc.
Address: 2001 SE 10th St., Bentonville, AR 72716-0550
Phone: 479-204-8148
eONTAeT PERSON: Name: Joseph R. Altenhoff c/o Arc Desif!n Resources -
0
Address: 1475 S. Perryville Rd.. Rockford, IL 61108
Phone: 815-484-4300
PROPERTY OWNER: Name: Wal-Mart Stores, Inc. ,.-
Address: 2001 SE 10th St., Bentonville, AR 72716-0550
Phone: 479-204-8148
()-;
'_0 )
Specific Requested Special Exception; Applicable Section(s) of the Zoning ehapter:
Gas station, drive-thru pharmacy
Purpose for special exception: Both of the above functions are a standard part of Wal-Mart
Supercenter's standard services.
Date of previous application or appeal filed, if any: N/A
-2-
INFORMATION TO BE PROVIDED BY APPLleANT:
A. Leaal description of property:
See attached Legal Description.
B.
*Plot plan drawn to scale showing:
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1. Lot with dimensions;
2. North point and scale;
3. Existing and proposed structures with distances from property lines;
4. Abutting streets and alleys;
5. Surrounding land uses, including the location and record owner of each
property opposite or abutting the property in question;
6. Parking spaces and trees - existing and proposed.
[*Submission of an a %" x 11" bold print plot plan is preferred.]
C. 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, eity eode).
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.
Nationally Wal-Mart hasfound that gas sales and a drive-thru pharmacy compliment other services and
goods offered at Supercenter locations. These facilities are requested by their customers and add a time
efficiency to customer's shopping needs.
D. The applicant is required to present specific information, not just opinions, that the
Qeneral standards for the Qrantina of a special exception (Section 14-6W-2B2, City
eode), 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.
Gas Station - The gas station will be compatible to the adjacent property uses surrounding the
Wal-Mart Supercenter. An auto dealer, retailsales and a large housing project will not be
hampered in any way by the gas operation. Access to and from the site will be safe and efficient
near the entrance to the Supercenter site and the reconstructed Ruppert Road. Two driveways
will be located at least 150'from the intersection.
Drive-thru Pharmacy - Drive through operations are not inherently unsafe. Their use has
existed for over 40 years in the United States and there are no known public health and safety
hazards. Traffic circulation will be signed and channeled through the drive through area.
Light and sound from the operation will be compatible with the surrounding commercial and
airport use.
-3-
2. 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 the neighborhood.
Gas Station - All adjacent property is commercial and business use. Property values may
increase due to improvement over vacant land.
Drive-thru Pharmacy - The drive through pharmacy will be visible from the east side or rear of
the Cub Foods and from the airport property, No visual or other negative impacts are evident.
3. 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.
Gas Station - The surrounding property is heavily influenced by automotive traffic. Retail, food,
auto and general merchandise is all present in the surrounding properties. A gas station
compliments these uses.
Drive-thru Pharmacy - All surrounding properties are dependent on automotive tnifJic. A
drive-thru pharmacy compliments the adjacent zoning districts.
4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
Gas Station - A road and drainage system is being provided to accommodate both existing dl1}J
proposed traffic at the relocated Ruppert Road corridor. Drainage will be routed to the large
drainage swale along the south edge of the property on the airport property.
Drive-thru Pharmacy - A unique drive lane is provided as part of the site improvements that
specifically directs customers to the drive through pharmacy pickup window. Drainage will be
routed to the drainage ditch mentioned previously.
5. Adequate measures have been or will be taken to provide ingress or egress
designed so as to minimize traffic congestion on public streets.
Gas Station - Adequate turning radii at the driveway entrances will be provided. A WB-65 vehicle
will be able to access the gas station site. Turn lanes on Ruppert Road will be added ifrequired by
the trafJic impact analysis. A left turn lane on Ruppert Road is included as part of the purchase
agreement.
Drive-thru Pharmacy - Traffic is routed south of the main parking lot entrance to a special entrance
off of the outer ring road developed at this site. Entry into the driveway leading to the drive through
pharmacy will be free flowing, not inhibited by a yield or stop sign.
-4-
6. 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 eity eode Section 14-6L-1, Special Exception Enumerated
Requirements; Section 14-6N-1, Off-Street Parking Requirements; Section
14-6Q, Dimensional Requirements, or Section 14-6R, Tree Regulations, as
appropriate.]
Gas Station - The gas station sells gas only and does not require any off-site parking.
Dimensional and tree regulations will be met as required.
Drive-thru Pharmacy - The pharmacy is located within the building, the drive through is a
canopy over the window with overhead pneumatic tubes used to convey materials directly to
customers.
7. The proposed use will be consistent with the short-range eomprehensive
Plan of the eity.
Gas Station - The comprehensive plan has been changed to allow this use.
Drive-thru Pharmacy - This use is consistent with the Highway Commercial zoningfor this
propoerty.
E. 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
Please see attached list of Property Owners
-5-
NOTE: eonditions. 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 a 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 ehapter. (Section 14-6W-2B3, eity eode).
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 eity elerk,
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, eity eode).
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 ehapter, or any
taxpayer or any officer, department or board of the eity 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, eity eode). Such petition shall be presented to the court within thirty (30)
days after the filing of the decision in the office of the eity elerk.
Date:'~ /2,
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Date:
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