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Home My WebLink About06-14-2006 Board of Adjustment AGENDA IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, June 14, 2006 - 5:00 PM EMMA J. HARV A THALL A. Call to Order B. Roll Call C. Consider the May 10, 2006 Minutes D. Special Exception: 1. EXC06-00007 Discussion of an application submitted by Terry Gillette for a special exception to permit a side yard reduction to allow a second floor addition to be located within one foot of the property line for property located in the Medium Density Single-Family Residential (RS-8) zone at 920 E. Davenport Street. 2. EXC06-00009 Discussion of an application submitted by Professional Muffler, Inc for a special exception to permit the reestablishment of a vehicle repair use and to reduce the street side setback requirement for property located in the Community Commercial (CC-2) zone at 708 S. Riverside Drive. 3. EXC06-00010 Discussion of an application submitted by PIP Printing for a special exception to permit more than 5,000 sq. feet of light manufacturing for property located in the Intensive Commercial (CI-1) zone at 2650 Mormon Trek Blvd. 4. EXC06-00011 Discussion of an application submitted by Willowwind School for a special exception for the expansion of a general education facility, a reduction on the rear setback requirement, and the reconfiguration of the parking lot and play areas for property located in the Low Density Multi-Family Residential (RS-12) zone at 950 Dover Street. 5. EXC06-00012 Discussion of an application submitted by Wal-Mart Stores, Inc. for a special exception for the placement of fill in the floodplain on property located in the Community Commercial (CC-2) zone on Rupert Road. E. Other F. Board of Adjustment Information G. Adjournment NEXT BOARD OF ADJUSTMENT MEETING -July 12, 2006 STAFF REPORT To: Board of Adjustment Item: EXC06-00007 Prepared by: Sarah Walz Date: June 14, 2006 GENERAL INFORMATION: Applicant: Terry Gillette 920 East Davenport Street Iowa City Phone: 319-358-5786 Requested Action: Reduction of the required side setback requirement. Location: 920 East Davenport St. Size: 38 x 150 Existing Land Use and Zoning: Residential (RS-8) Residential (RS-8) Surrounding Land Use and Zoning: Applicable code sections: 14-2A-4B Minimum setback requirements for principal buildings, 14-2A-B5-b Adjustments to principal building setback requirements, 14- 4E-6 Enlargement or alteration of non-conforming structures, 14-4B-3 general approval criteria for special exceptions File Date: April 3, 2006 BACKGROUND INFORMATION: BACKGROUND: The original house at 920 Davenport Street is considered a non-conforming structure because it sits within one foot of the east property line-the precise location of the property line is unclear. A five-foot minimum side setback is required in the RS-8 zone. The applicant has added an to the back of the house, thereby expanding the non-conforming structure without the required building permit or special exception. In 2004, the Building Official received a report from MidAmerican Energy about the property for what appeared to be an illegal addition on the back of the house. The report noted that the electric service to the house was propped up on a PVC pole. It appeared that the property owner (the applicant) had screened in a deck on the west side of the house and constructed or enclosed a portion of the deck on the east half of the house. 2 In July 2004 the Building Official sent a notice of violation to the applicant citing the unsafe electric service. The applicant was instructed to apply for a building permit. Later, on August 4, 2004, the Building Official requested that the owner submit site plans for the project. On August 13, 2004, the owner submitted an application for a permit for an unspecified project along with a number of sketches for the addition. However, because the information provided by the applicant was incomplete and the plans submitted were inconsistent, a permit was not issued. (The plot plan submitted by the applicant showed the rear portion of the house as 18.5 feet deep, while the west elevation showed 18.0 feet and the east elevation showed 17.0 feet.) The extent of the addition was not clear to the Building Official nor whether the addition was to the first or second story or both. While a permit was never issued, in January 2006 it was discovered that the applicant had completed the addition and another notice of violation was issued. In April 2006 the applicant submitted an application for a building permit, describing the project as a second story addition. The Building Official noted the non-conforming setback on the east side of the house and advised the applicant that a special exception would be required to permit the structure within the required side setback. . 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 of Adjustment may grant the requested reduction in the side setback requirement if the applicant demonstrates that the approval criteria in 14-2A-4B-5b (page11) have been satisfied in addition to general standards for special exceptions as set forth in Section 14-4B-3A (page 170). The Zoning Code strictly regulates the enlargement of non-conforming structures (14-4E-6A-1, page 228): " a non-conforming structure may be structurally altered or enlarged, provided it is structurally altered or enlarged in a way that will not increase of extend its nonconformity." A special exception may be granted to reduce the principal building setback if the applicant of a property demonstrates that the general special exception approval criteria and the following specific approval criteria have been satisfied: 1. The situation is peculiar to the property in question. 2. There is practical difficulty in complying with the setback requirements; 3. Granting the exception will not be contrary to the purpose of the setback regulations; and 4. Any potential negative effects resulting from the setback exception are mitigated to the extent practical. 5. The subject building will be located no closer than 3 feet to a side or rear property line, unless the side or rear property line abuts the public right-of-way or permanent open space. The applicant is unable to demonstrate any of the above criteria. This situation is not peculiar to the property nor is there difficulty in complying with the setback requirements. The applicant's lot is slightly narrower than the standard RS-8 lot (40 feet)-the assessor's records show the lot at 38 feet. The original, non-conforming structure sits on or within a foot of the east property line, however the west side of the house is set back approximately 20 feet from the west property line, allowing sufficient space for the applicant to build an addition. Granting the special exception is contrary to the purpose of the setback requirement. The purpose of the setback requirement is to: 3 1. Maintain light, air, separation for fire protection, and access for firefighting; 2. Provide opportunities for privacy between dwellings; 3. Reflect the general building scale and placement of structures in the City's neighborhoods and commercial areas; 4. Promote a reasonable physical relationship between buildings and between residences; and 5. Provide flexibility to site a building so that it is compatible with buildings in the vicinity. The addition to this property extends the portion of the house that is less open to air, light, and separation for fire protection and access. The addition within the required setback reduces the opportunity for privacy for the house on the abutting lot as well as the space necessary for maintenance-the two houses are set approximately 7~ feet apart at the point of the new addition where the adjacent building. While many residences in this neighborhood are on narrow lots, they do not typically sit this tightly. The applicant has not demonstrated any attempt to mitigate potential negative effects resulting from the setback exception. Finally, the addition extends the non-conforming structure within 3 feet of the side property line. General Standards: 14-4B-3, Special Exception Review Requirements The application for this special exception is incomplete, and the applicant has provided no information or evidence that the reduction of the required minimum setback will not impact neighboring properties nor the general welfare. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The reduction of the minimum side setback reduces light, air, separation for fire protection, and access for firefighting and the opportunity for privacy between dwellings. 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 requested reduction of minimum side setback reduces the opportunity for privacy and the safety of the adjacent dwelling and thus may impair the use and enjoyment of the adjacent property. Because the building is so close to the property, the owner and future owners will need to enter the adjacent property to maintain the east side of the house. 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 requested reduction of minimum side setback may impede the opportunity for the adjacent property owner to add on or maintain his/her property. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Because this is a fully developed residential neighborhood this issue is applicable. 5. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. 4 Because this is a fully developed residential neighborhood this issue is not applicable. 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. Because the addition was built without the required building permits or inspections, it may not be in conformity with other City codes. If this special exception is approved, a building permit and inspections will be necessary. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. The Housing Goals and Strategies in the Comprehensive Plan include maintaining and improving the safety of all housing. This goal calls specifically for enforcement of building and housing codes. STAFF RECOMMENDATION: Staff recommends that EXC06-0000?, an application for a reduction of the required side setback for property at 920 East Davenport Street be denied. ATTACHMENTS: 1. Location map 2. Aerial photo 3. Assessor's information 4. Building Permit Application materials 5. Special Exception Application materials Approved by: ~~ Robert Miklo, Senior Planner, Department of Planning and Community Develo'pment ~ I I I I I I I I I I I I lS ON3d ,...... a \ I- a a I- (J) a (J) I . I- c.o a 0 0::::: 0 -1 0 >< - CL W I ~ U Z W 0::::: > - <r: <r: LL 0 lS d31 N3J \ \ , ~ t3 .-1._ ~ II ~ I - t , ~ , ~ Q) ~"" "" "" "" "" "" ~ Q) ~ l... ~ - . CJ) t - 0 ~ 0. C -~ Q) t3 > l ^ 'v'MH~IH lS dONdj^O~ ~ 0 w 0 C\I 0'> . . Z 0 ~ ~ - .alii 20 n. !~ 88 '" c: ta g DE ~~ ~o .. \. lumPI~~WjrKm~nIHj~il~~ft-sb~i\~'dJI~el Info tllsez1e gaDant ~l60'W - www.avery.com 1-800-GO-AVERY ~ AVEIW'<!S160@ - ..... Iowa City Assessor home I parcel search I advanced parcel search I residential sale search I commercial sale search Pin 1010183012 Deed GILLETTE, TERRY L,GILLETTE, PATRICIA A Contract Address 920 E DAVENPORT ST IOWA CITY Class Map Area RESIDENTIAL 20400-Res Plat Map 10-10-1S Legal 1331--8 IOWA CITY OUTLOTS E 37.65' OF W 187.65' OF S 150' OUTLOT 8 . Current value as of January 01, 2006 - Taxes payable September 2007 and March 2008 Land Value Dwelling Value Improvement Value Total Value 38,000 68,100 0 106,100 Year 2005 2004 2003 2002 2001 2000 Land Value 38,000 38,000 38,000 38,000 38,000 16,150 Prior Year Value Information Dwelling Value Improvement Value 68,100 51 ,440 51,440 44,750 44,750 54,810 Total Value o 106,100 o 89,440 o 89,440 o 82,750 o 82,750 o 70,960 Residential Building Information Style Year Built 2 Story Frame 1900 Occupancy Single-Family I Owner Occupied Main Lot Lot Total Living Area 1,385 Land Front Foot Information Front Rear Side 1 150.00 Side 2 150.00 38.00 38.00 Sketch , ....09~,J,tt11Il.. ,..1./. '_WIl1M 'fu~i1UTaassessors.co",,~Yr~.~ - .-;J.. - cel=1O~012&CFID=33234&~~'fIcWlIiI,L~8^\1 asn .... :tW.ftCr.InVh'\:!J" ..u ti/tb~~e~ _ . Du!iUjJ~i'''aaJ:J a&pnws pue wer Impre~Waa1'tm9l!l~~~f_s~~ft~fdrPmbel Info Utlllsez'1e ga'D~'rft sY6tPl' - www.avery.com 1-800-GO-AVERY @ JUtERY<! 5160@ - CONCPATIO 11 [99] 15FR 9 17 (170] 15FR 7 [63] 10 25 B FR (MAIN) [576] 36 16 7 15 FR OP (112] Related Information Links Tax Information Maps Assessor Reports ~ .. Property Record Card Report Property Record Card Report (Adobe PDF file) Printer Friendly version home I parcel search I advanced parcel search I residential sale search I commercial sale search ""09~ ..htt. lIl..ld_lIltuMttS~uTaassessors.co"'" ~)tr~.' ~~cel= 1 O~O 12&CFID=33234&~~~. cMIi1,L~^" asn .... ~WACr.:InVH'(!tln UllliJtb.,,~~\~ _ Du!iu!J~raaJ:I afijmws pue wer , - \ .....,........ .....- ~: CITY OF IOWA CITY . Site Address: OR . Lot & Subdivision: BUILDING PERMIT APPLICATION 410 E. Washington Street Iowa City. IA 52240 (319) 356-5120 fax (319) 356-5009 ~jD f lltvG I/) 11)(2""f ~+. .OwnerlTenant: 1'rY2IlV <(- PcL+Qt'L('~ Address: q? U 'f' YjA-VtJJ !brA City: T Daytime Phone: ~. 3 (r 3 c? 0 0 . General Contractor: (!) vU x.J f v2-. {;r(.,L-c.ffr , C. ,-;- State ..1 ow c-, ':> '?Oc{C; Other Phone: Address: City: Daytime Phone: Subcontractors: . Plumber: . Mechanical: . Project Description: SeWeFNlater J' ',.. ,... ---'" . ""'. L'J fl.. ". S'-."~ L ~'-.-.-.. .:..:.i(hi/.;"-"'l','!./:Ct:S _ .....~........... ./ . Total Value of Project: $ 9 {; 6 U 0 . Permit Value of Project: $ (Exclude cost of land) (Exclude cost of plumb., mech., elec. & land) Contact Person Name: Phone: Is project subject to: Yes No Iowa Architectural law? ........................ o 0 o 0 o 0 o 0 ~. (!( ~----,~.~".~...",...__.__.~~, o 0 Formal site plan review? ...................... Plot plan review? ................................. Energy Code review? ........................... Historic preservation review? ............... Flood Dlain reaulations? ................... TO BE COMPLETED BY STAFF: Site Zone: ----1lS o"~ Lot Area: Fees/Escrows Required: Other: Staff Initials: 11/02 Hlsbldg\bldgpnnapp.doc !)\ J:>I\VErJPauj FRlRCHI LO Al.l..~ Y <. J("O ). ~ ~ <> .." \'l C'.... ~ >; ... (> "'l r" ~ .~ .... ,-. 1- f' Z '" I 0 1" I> I r I \, I . \ I ; - ~ <> v l4.o ) \ \ ' \,.()\ \ i ._ -- \<) 'i!i ~__......\'\\--, I \' . ;>. ~ l' . ','" -> _, ,- , \ I ~. -" i--.-----...--------l !I\~Z 5 ~ fl"l - - E' g? ~ 3 & (t', iR ~ .J L~_---- -- .... ._- .,..- -- m~ S. It-- ~-~ r-lti 6" ~ (}\~~ ... ~. ')> m DA\JelVPo(<T .STJ ITI(/\ II ~-\ ..\ !: 0 W' ..... j -~> 1\.1 , C '- fI\ c.. ~ - ~ ~~ ..t:. ~ ~ ~ !t- U/. Uf' n PoR T' :sr.,;' i:= S / " ,1";.0 ') G.. G' .v.. C) I <;; (f) I-X -:::s if, ".:l>-j r-- 1=~ I~ 16' ":;.0 ;2 " ~ ~ 3 ~ r ~ . l:) < '" I . ) " J)A-uENPt:JI0! FA\RCrliLlJ Ai,L~Y ..v ~ W ~~~-_~j' i _> ~ ; I rr~l III f __n_ . __.' ...1.. 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I':TII')(<> I r..;p ")0;: U)w( - I ~ ,OJ "i 0<:) I~ I I I 1'1, s' ~ ~ ~ 21,~- v'I I;;: --.I C Q ~ Q ;} ..... <. :2 'IS ~2,6 r=- nAil t= l\/ 0",,,-.- c.,.. ;) ;2 I ft ,r.TI rvc" GAeAbS 'V! 00 fYJ I j 19'~ o '\,' ... 3'.,0 E:.X\$TI NG l+o u.s .s. ~ Il-.: '1 .... <\ PORCH 1'.";- <::,nt= Il/Al I<. ... ~ ~ " "I -1."- H /;-':'~--,,- I, . \'_, / / ~ J ""-'~-..... ! l:! ,-....... I !).,. ,J', /'- J / ,/ .' -.\~ '--::j /----.~...... I . I '.i 1/ I / t / :.......j' / If .,d / t._ I ~) r . . ---- / '--...~, '<..' ,'~ ~ ~' '-3 ...... \1l " .:J ~ "lI ~ ~ ~ ~ \P Q,. 'f}b ~ PA">JE"~ sr ICW A C.I TY ) 'If,. 'Ae/':!:. l' ~ AU~ 12.) ~ PL.OT PLAN ~ .~ 1(: ./ '", "'''' (........ -....-......~) . II)' / ! 12OO1/;/ / ., ~ ~ , ' ,':',;" '~(s I I ~'" I /"i' - :u:> I ..t~ s.-"jS".,..J: ~ BUILDING PERMIT APPLICATION 410 E. Washington Street Iowa City, IA 52240 (319) 356-5120 fax (319) 341-4020 CITY OF IOWA CITY . Site Address: OR . Lot & Subdivision: Cj 1)0 E ~t+(/WfbJ2'T ~1-, Date: tj"1-tJ6 . OwnerlTenant: Address: Daytime Phone: TiJ~ (' I iv State:r ~ Zip C;~~ t( S Other Phone: ~ ':S c;t'~ ?;?tt?6 . General Contractor: Address: \ Daytime Phone: Subcontractors: City: - . Plumber: r- . Mechanical: o--v-> 0 'L{L..> . Fire Sprinkler Installer: State Zip Other Phone: Electrician: Sewer/Water: .... " s, Q,.~) -----,. Fire Alarm Installer: --- ..:= . Project Description' . Total Value of Project: $ c;t '3. 0 ~ 0 . Permit Value of Project: $ (Exclude cost of land) Contact Person Name: -ri. rJ Ill- r{ (Exd.de oost of ,'.mb., meoh.. e1ec. & rUS1 NG & I,; "PEC TIO~t SER\l1 CES &; , ,... ff::' lOW;:' r:rrv IO\l\lr~ I l..l--r;... Phone: Is project subject to: Yes No Iowa Architectural law? ........................ 0 0 Formal site plan review? ...................... 0 0 Plot plan review? ................................. 0 0 Energy Code review?........................... 0 0 Historic preservation review?............... 0 0 Flood plain reoulations? ................... 0 0 TO BE COMPLETED BY STAFF: Site Zone: .f . b.( S Lot Area: Fees/Escrows Required: Other: Staff Initials: Hisbldg\bldgpnnapp.doc 4/05 Pc zO .... .~. - "-"--~""'" "'__'_'_, "'_~r__.". ~^_.~.~...._.._,.,.,_~. ~-, ~(~'-I /--,:J fl \in r:.::J f-' L L /'' \1'/1 i !::.:J rJJ V ':l, . n ,'--, "LL J -,~ t _, .::J 1 _.~ 1S'.11l" APR 0 ;-~-._.Ii U IL_ ,-~--,---"_\ ~ -.- _ -- .~- ..~. -, -"' - -- - --. ..- -. --- ..- '-- .- --- .- ~-- +I8bJSING & It,j(~'--,r,-( 'TI("\I '~r '; 'I( r-", ~ . f ....,..( , ,.)i, ~,_I:", ;t~.'J I !O'Alf "I""" - I . \I\,~.,.l, ",!\nfl. , ~ In ~ i'D ~ I \ ~, f I I I I I I t p."i .. t.-~ ,.... I I I I I ( ..../. tv...;.: :IJNY 1:~'- ~~' .:, -::~...~". ~ ~ ,..;" .,- : ~:- :.;:....'.- .~~ ~, <t' ....s... ;.'~ l' ~.~...:..l" . .. ~ 1_ ,'$" S";.()'" 6'~' 2'~4'" ~",fASTf.:R fj~:e~~GGM ur.10" .....:: GILLEITE MASTER ADDITION Add.tlanat MalertallnfarmtilUon: 2 X .. and 4i)( 4' staggefEKh"d sWidlS, 2)( 6 a.= 4)( a staweredi'ffDor .b~st:s 9x 8' roofbeamcBnts... . 2 x 6 roofttuss '( r off center 31.... p\twoon (TNt;) for ll00nng ~ a:, ....' ...-.'-...........-..---..---.-- lli ~ [~ U \\1 [~ "_...~_..--.-'I 1~.10* A~~~ 3 ~JL 1'- ..- -., .~".. ".. .- .." ,- .... -,....- - -. ... ... .- -. ... Bb.lSING & INSPECTION SERVICES I IOWA CITV It'M/!l, ~ ro r.V...;.. :1.)1\1"(' 1'~. .:.3'~ ., '5' ..,~l ~ I 'ar I I:ii~, r I I I I I I ,: \",. , .. ~..~ f.... t I iJ ~ ..... GILLErrE MASTER ADDITION ~ ... ~ . ~ 6'.0" ~.J~ ~ c:r; :;:r.:.~ :::.:.r.". ,l'i,;;I.,: ;'''1''',''11 2"101I4'11 ~.,I,"".,..~ .. 'W'_ I..... .....~TM5...."'. '" P"l 1t3t.10N 9'~0'" "'\', Atidlttana:t M atartllllnfornwtlOrs: 2 )( .. s,Dd 4)( 4 _welled: wal eta, 1 )( 6 Md 4 x 6 staweredifbor jOllsts Ox BmGfbamc&ntl,... . 2 )( 6 rooftnHicS 1611 6ft t'8rlt5r ;ir4'" p'l;WOOr.! (TN,;) forfloO(tnQ APPLICATION TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION DATE: 5- 0 I - <' fo PROPERTY PARCEL NO. 101 () I f3 0 I;}... PROPERTY ADDRESS: 7~() f~ fJ~4 PROPERTY ZONE: 15- 8 PROPERTY LOT SIZE: 38 x 150 APPLICANT: Name: It 12ft}! o I C L/=-il~ . ()~ 41. Address: tjr;cJ [evil Phone: '3,q 156 t;) 8'~ CONTACT PERSON: Name: (if other than applicant) Address: Phone: PROPERTY OWNER: Name: (if other than applicant) Address: Phone: )\ Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: 1'"I"zA -'1-8 - 58 fldjushno, I -10 Pr/YlC1fJa/ Sef64c.-.L- l Purpose for special exception: f(Ldua fA.L y~ u ,-y,d St.fbti.,cA..- 10 o/I~ al(., a.dd,l'tJ~ tf) --/'k fu,Ll("~ Date of previous application or appeal filed, if any: -2- Please see 14-8C-2 in the Code for more detailed information on special exception application and approval procedures. Planning staff are available to assist applicants with questions about the application process or regulations and standards in the Zoning Code. INFORMATION TO BE PROVIDED BY APPLICANT: A. Leaal descriotion of property (attach separate sheet if necessary): B. *Plot clan drawn to scale showing: 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 "Ia" x 11" plot plan is preferred. C. Review: The Board of Adjustment is empowered to grant special exceptions to the provisions of the Iowa City Zoning Code only in circumstances specifically enumerated within the Code. To ensure that the spirit of the ordinance is observed and substantial justice done, no special exception shall be granted by the Board unless the applicant demonstrates that all of the specific and general approval criteria are met, as described below. Soecific Aooroval Criteria: In order to grant a special exception, the Board must find that the requested special exception meets the specific approval criteria set forth within the zoning code with respect to the proposed exception. In the space provided below or on an attached sheet, address the areas of Board review that apply to the specific requested special exception. The applicant is required to present specific information, not just opinions, that demonstrate that the requested special exception meets each of the specific approval criteria listed in the Zoning Code. (Specific approval criteria for uses listed as special exceptions in the base zone are set forth in 14-48-4 of the Zoning Code. For other types of special exceptions - modifications to setbacks, parking requirements, etc. - refer to the relevant approval criteria listed in the Code. Planning staff is available to assist you in finding the relevant approval criteria for your requested exception.) Attach additional sheet if necessary. -3- D. General Aoproval Criteria: The Board must also find that the requested special exception meets the following general approval criteria or that the following criteria do not apply. In the space provided below, or on an attached sheet, provide specific information. not just opinions, that demonstrate that the specific requested special exception meets the general approval criteria listed below or that the approval criteria are not relevant in your particular case. 1. The specific proposed exception will not be detrimental to or endanger the PUbliC. health, saf. ety, comfort, .or geperal welfare. r- ^ vJ~ ~- ~ ~ ~14-&..udorP'1 ~~ /....,-J \ ~ uJf0 ~J (/t, 4~, ~r. ~.-. ~ to ~~ ~ k ~ p~1<.,., 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 neighbo/'1ood. I.) \?\)./~~ W ~ ~ ,Qtj7.{c'/ ~&), ~eo \,.(J -12-- . ;I( ,~ [--0.4f f~ I J(Po 3::- I bO,au CJ 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 district in which such property is located. ( /r (",It (' /'/ (' cF 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. A {~~ u)t..<J ~ \J~~) ~J'( I ~~~~Jf~ ~.' LY~ t-Jo-o ~ u/~&.-. C)DOII.~1 B~~ p~ n~~ vVV<J~~~,~/0P/~~ C::j 1.0 (~OUJ ~ ~;to (I~ ~. j:;( .W~ . (' . ~ ;;Co~. ~,a.V w~ I.AAXJ C~?~~ ~... A /J -..,A.-j /' () _ ,1 ' '<7"- 0 ~ cr t..Ji.k.'~L-, -4- 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. It! tv 6. Except for the specific regulations and standards applicable to the special 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 special 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 the City Code section 14-48 as well as requirements listed in the base zone or applicable overlay zone and applicable site development standards (1~5A through K).] k ~ ~~ Il.;>~{ ., fJ ~j ~ ~ 10 ~~~/ v/~V2.L~(.~;~" jJi JtJ ~~ cJJ iYc4L~u/"'" ~. IJ (tp ~ iJJ p ~ -P~~ AA fU,,~ij I ,( nJt;n/o Ir I~t ;#t.~ 1'<' ,. ) 7. The proposed use will be consistent with the Comprehensive Plan of the City. IV/ It- -5- 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 -6- 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..aC-2C4, 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 14-8C-1 E, 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 14-8C-1F, 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: ePh~ 0 I - , , 20 (j b ~~~ Signature(s) of Applicant(s) Date: ,20_ Signature(s) of Property Owner(s) if Different than Applicant(s) ppdadminlapplication-boase.doc To: Board of Adjustment Item: EXC06-00009 GENERAL INFORMATION: Applicant: Contact Person: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Applicable code sections: File Date: STAFF REPORT Prepared by: Sarah Walz, Associate Planner Date: June 14, 2006 Professional Muffler, Inc. 708 S. Riverside Drive 319-337-2191 Noah Kemp 2140 Hwy 22 Kalona, IA 319-936-2534 Special Exception to permit a vehicle repair use in the Community Commercial (CC-2) zone and reduction of the front setback requirement in the CC-2 zone. To allow reconstruction of a vehicle repair use. 708 S. Riverside Drive (Northeast corner of Benton St. and Riverside Drive/US Highway 6) 109 x 185 (approx.) Community Commercial (CC-2) North: Commercial (CC-2) South: Commercial (CC-2) East: Park and Trail (P-1) and the Iowa River West: Commercial CC-2 14-4B-4B-20, Specific Approval Criteria for Vehicle Repair in the CC- 2 zone; 14-2C-4B-5b, Adjustments to the Principal Building Setback Requirements; 14-5F Screening and Buffering Standards; 14-4B-3 Special Exception General Approval Criteria. April 27, 2006 2 BACKGROUND INFORMATION: The Iowa City Zoning Code states that: "Any structure for a non-conforming use that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent that less than 75 percent of the replacement value of the structure at the time of damage or destruction, may be restored for the same non-conforming use as existed before the damage. " (14-4E-5E-1, page 227) Professional Muffler was damaged in the April 13 tornado so severely that the original building could not be restored. The Muffler shop (a vehicle repair use) isa non-conforming use allowed by special exception in the CC-2 zone. Therefore, a special exception is required in order to reestablish the auto repair use in the Community Commercial (CC-2) zone. The prior (damaged) building, which was established in 1940, did not meet the current minimum 10-foot setbacks from Benton Street, S. Riverside Drive (U.S. Highway 6), and the old Benton Street right-of-way that are required for corner lots in the CC-2 zone. In addition, the applicant relied on a portion of public right-of-way north (a section of the former W. Benton Street) of his building for parking. In order to reconstruct a building of similar size and comply with the current requirements of the Zoning Code (minimum setbacks and landscape screening) the applicant has applied for a vacation of a portion of the former W. Benton Street right-of way so that he may add it to his property. The applicant is also seeking to purchase approximately 70 feet of City-owned property to the east of the building, abutting the Ned Ashton trailhead parking lot, in order to establish the required parking area for his business. ANALYSIS: Specific Standards: 14-4B-4B-20, Special Exception for Vehicle Repair Use in the CC-2 Zone (page 188) As required by the specific standard for vehicle uses in the CC-2 zone, the applicant's property is located more than 100 feet from the nearest residential zone; the nearest residential zone (RS-8) being located on the west side of Orchard Street. The specific criteria also require that the property be designed to minimize the views of vehicle use areas and storage. The applicant has indicated that vehicles stored for repair are on site less than the maximum 45 days specified in the code, and the applicant has proposed no other outdoor storage. The proposed site plan shows repair bays facing away from South Riverside Drive and Benton Street. Repair bays will face onto the alley (the former West Benton Street right-of-way). Parking will be located away from Riverside Drive to the east of the proposed building. The proposed site plan shows parking and vehicle use areas set back 10 feet from alley. These areas are required to meet the S2 standard for landscape screening. The applicant's site plan also shows a 5-foot landscaped bed separating his parking lot from the trailhead parking area. As required in the underlying CC-2 zone (14-2C-6G-4, page 64), commercial lots that abut parks or open space uses must be screened to the S3 standard. While this site plan is not final, it does show the applicant's general conformity with the required setbacks, parking and screening. As part of the site plan review process, the applicant will be required to submit a landscape plan showing that these areas meet the appropriate screening standards. In addition, the final site plan will show the parking area on the east side of the lot reduced 3 feet from the east in order to preserve sufficient parking and aisle space on the adjacent lot serving the trailhead. Reduction to the Principal Building Setback Requirement: 14-2C-4B-5b (page 57) 3 The applicant has requested a reduction in the setback requirement along the current West Benton Street right-of-way. The minimum setback requirements for principal buildings are intended to: 1. Maintain light, air, separation for fire protection, and access for firefighting; 2. Provide opportunities for privacy between dwellings; 3. Reflect the general building scale and placement of structures in the City's neighborhoods and commercial areas; 4. Promote a reasonable physical relationship between buildings and between residences; and 5. Provide flexibility to site a building so that it is compatible with buildings in the vicinity. Because the applicant's property is a corner, a 10-foot setback is required along both streets Riverside and Benton). The portion of public right-of-way between the applicant's property and West Benton Street includes a section of the Iowa River Corridor Trail and a well-landscaped green space, which is maintained by the City. The landscaped area is approximately 5 feet deep along the applicant's proposed parking area and widens to 10-25 feet along the area proposed for the building. Thus the building has the "appearance" of being set back from the right-of-way, and adequate space is provided for safety, light, air, etc. While some additional landscaping would be required along the Benton Street side of the new building, in Staff's opinion the established open green space and landscaping area along the trail provide an adequate separation between the commercial operation and the street as well as screening of the parking. In addition, reducing the required streetside setback to 5 feet along Benton Street will allow the applicant sufficient space to orient the vehicle use areas away from the street while creating safe and efficient vehicle access to the service bays from the alley. General Standards: 14-48-3, Special Exception Review Requirements 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. Vehicle Repair uses are allowed by special exception. The applicant's proposed site plan brings the property into closer compliance with all screening, parking, and setback requirements, with the exception of the setback along the current West Benton Street. The bike trail along Benton Street provides open/green space between the street/trail and the applicant's building so that visually the building has the "appearance" of being set back the required 10 feet from the street right-of-way. 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 auto repair business has been established at this site for some time and is compatible with the other surrounding vehicle uses-tire repair (Linder Tire) on the abutting lot to the north, as well as the car dealership and gas station on the west side of Riverside Drive. The landscaped right-of-way along Benton Street provides sufficient open space between the trail and the applicant's building so that visually the building will have the "appearance" of being set back from the right-of-way. The reduction in the setback along Benton Street will allow the applicant sufficient space to orient the vehicle use areas away from the street while creating safe and efficient vehicle access to the service bays from the alley. The Southwest District Plan places particular attention on the lack of "aesthetic appeal" of commercial development along Riverside Drive Commercial Corridor, noting the absence of 4 landscaping, buildings in poor condition, the domination of parking lots and the lack of pedestrian access. The plan specifically calls for "greater scrutiny whenever an applicant seeks to establish an auto- and truck-oriented use along Riverside Drive, taking into consideration such factors as aesthetics, landscaping, and parking lot location and design. Emphasis should be placed on creating a more attractive commercial corridor over time." The site plan proposed by the applicant addresses many of these issues and comes closer to complying with the zoning requirements. While the applicant has not had adequate time to provide elevations for the proposed building, it is important to ensure that the architectural design of the building meets the aesthetic goals of the Southwest District Plan. Staff have discussed options for improved design with the applicant, including the orientation of the office portion of the building toward the street, streets ide and clear-story windows, variation in brick pattern or other building materials along the back fa9ade of the building that faces onto Benton Street and other elements. Because the applicant does not have an elevation drawing at this time, Staff recommends that approval of the special exception be subject to design review of final architectural plans/elevations of the building in order to insure that the building meets the goals specified in the Comprehensive Plan. 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 re-establishment of the vehicle repair use is compatible with the surrounding auto uses along South Riverside Drive. The expansion of the applicant's lot (via the right-of-way vacation and purchase of City-owned property) will allow the applicant to bring his property into closer conformance with the screening, parking, and setback requirements of the Zoning Code and the aesthetic goals of the Southwest District Plan. The reduction of the 10-foot setback requirement along West Benton Street is, in Staff's opinion, a reasonable reduction in order to create safe and efficient vehicle circulation to the north of the building in the service area and will allow room for additional landscaping. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Access to the site will be along a 20-foot wide alley (the remainder of the form W. Benton Street right-of-way) from Riverside Drive. All drainage and utilities are already provided for the property. A sanitary sewer line is located under a portion of the proposed building area. The building may be constructed over the sewer line if the applicant has the sewer lined and indemnifies the City against any damage due to future failure of the sewer line. 5. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. There is adequate access to the site along the alley/ right-of-way that from Riverside Drive. The applicant's site plan includes the required 10-foot setback from the alley and all parking and vehicle circulation areas are separated from the adjacent right-of-way with landscaped terminal parking islands. A sidewalk entrance from Riverside Drive provides for safe pedestrian access to the office/retail portion of the building. 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 proposed site plan shows that the property is being brought into compliance with the required 10-foot setback along S. Riverside Drive and includes the required areas for 5 landscaping and screening on all sides of the building and parking area. In Staff's opinion, the public green space along the Benton Street right-of-way creates a situation in which a reduction of the required street side setback can still meet the aesthetic and safety purposes of the setback requirement. The applicant's site plan also shows a 5-foot landscaped bed separating his parking lot from the trailhead parking area. As required in the underlying CC-2 zone (14-2C-6G-4, page 64), commercial lots that abut a parks or open space uses must be screened to the S3 standard. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. The Southwest District Plan places particular attention on the lack of "aesthetic appeal" of commercial development along S. Riverside Drive, noting the absence of landscaping, buildings in poor condition, the domination of parking lots and the lack of pedestrian access. The plan specifically calls for "greater scrutiny whenever an applicant seeks to establish an auto- and truck-oriented use along Riverside Drive, taking into consideration such factors as aesthetics, landscaping, and parking lot location and design. Emphasis should be placed on creating a more attractive commercial corridor over time." The site plan proposed by the applicant addresses many of these issues and is an improvement over the previously established building, however a building design is necessary to fully assess whether the building will meet the goals of the Comprehensive Plan. A final plan showing all the required landscaping will be required by the Building Official in order to secure a building permit. STAFF RECOMMENDATION: Staff recommends that EXC06-0009, an application to permit a vehicle repair use and a reduction of the street side setback requirement for property in the in the Community Commercial (CC-2) zone at 708 South Riverside Drive be approved, subject to submittal of a final site plan demonstrating all required landscaping and proposed parking layout and traffic circulation, and subject to Design Review approval of the final architectural design (elevations) of the new building. ATTACHMENTS: 1. Location map 2. Proposed Site Plan 3. Application Materials Approved by: ~ ~ Robert Miklo, Senior Planner, Department of Planning and Community Development \\, \ i. , .'; . ~ 1- \ ~\; '. d;;:;I// ". ..... ~ 1 / /\,:,?;~.;:;//</~ ~ .~ .....<.;:,;(<;~:\<~ v\. ......~; ~~ v<~ ..~~/ / - ~::- <: ./ .....~ \\ ~l ~-~~ /~ ~ ~ N t3 \\li ~ u r-I\ ~ .. ~ ~ w ~ \ ~ ~ ~ \ ~ ~~ \\ ~ a: &i ...: 6 l - ,~~ ~~ 9 ^ \jMH~\H 's'n ~~~ I" WJRC~ @ 10 , 1 j \ 10 ex) U1 a: ]ii I 1f7 -----.,J ~ I I- (}) _z o I- Z W OJ cx:_ .411& ~ - V.; ~ I IT \ L ~ ~ Nll81~ I "-- 0) o o o o I <0 o () >< w --~ ~ - - - 1~ :.... ~ 0 Q) - "'0 Cf) - :.... Q) e- .> a: - . if) CO 0 r-.... . . Z 0 ~ ~ < u 0 ~ ~ ~ 1 ~ rJ) is:) V'I\I I:t :l<;: ~~ gOal/ L/9 5Mp"\:MlQO<;9BO\lOO<;9BO\OO6 &lrn 'Ill "I' JIJI 5 ...JQ: ~ ~ , ~ I ~~ID I ~ ~uJ~;l hi II ~w ~ rJi oj l- e.. I- ~J j II b: Q.J :J ~ ~ t ! 0 w C/)lJ. ~~ IU 'U f3lJ. :J 5 1; ~ j ~ p.. ~ 9il ~ ~5~ ~r lili :z C/) ~~in 'I lEI 0 -0 2 n U ~J UC/) 0 A- A- i) <2 ~f---I ~~ ~~ ~ Z~~ ~:=>~ O:~m ~~ b: ~-:H:I~ ~ ~ <:c>U ~Z~~ OO~~ UF-i 8 ~Cf)~ ~cn~ UJ~~ ~O OCf) ~ ~aJ o f- \ \ '-' lj Z co - <{ Q -l :J - -lW<1- Uet:>v ZW<4 -::I: LL z:;=~c t::!UlJ::;: n::W1-4 UWQ U1~3E~ ~"'3~~ ~Ul~(J ~I t;:j!?5~ o ,-,et:lL. Z ~~v:l I I I \ I I I , I I I I I I I , I I I , I I I , I I I I I I I I I I I I I I I I I I I \ \, \ \,\ \t \ \, ~ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ -9- I I I I I I I I I I I \ I I i I I I I I I I \ I I \ I I i I I I I I I I I I , I I I I \ , I \ I I I I I I I I \\ \"t> \\ \\ I I , \ I , I \ I I @ I /) SOUTH -,,\ fl /t,O - ~ . p- . -~ClLe; /l~~J Ir!~~ E.)(COb - 00009 APPLICATION TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION DATE:~ PROPERTY PARCEL NO. IOlS~Sbool PROPERTY ADDRESS: 1 D <? c-S, Ki vi r ~'i tle Dr~ ve- . PROPERTY ZONE: t:. C- :l f I PROPERTY LOT SIZE: I '50 )(1 '5 Cl s ~r abs+~C{.rt APPLICANT: Name: Pro+e ss j or.)O-...l rYVuff/([( ,Ire. Address: 10 ~ S. Q.~ v e.r &-7 dJ, Dr. Phone: 31Cj- 331- d-..ICi' CONTACT PERSON: Name: NO 0. h ~..hlp (if other than applicant) Address: ~ 14 0 Wu9~ ~~ I t;a_Lfn/L.tLJ Phone: 3, q - q3 fo - ~5 3<1- (c.~ I I) PROPERTY OWNER: Name: (if other than applicant) Address: Phone: Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: 10 +0 o-\- ,+- 0 U-rY"ld.a.-h e-n ~ t btl.. ( k.. <.9n S ~~~ S~ c\..e..+- '100 h" VL<J JU..L.lP.t1(9I'\~r- .GLt.l-tv )r~p(L.,Lr.. . .1. . r i~ Purpose for speCial exception: -in (\ II OA .I. ) .......l. L.0-Y\ S+r u.. c-n OY\ Cl T1Cr JV rntlcLo C\CA-. m tAff- Date of previous application or appeal filed, if any: V\...O n.e. -2- Please see 14-8C-2 in the Code for more detailed information on special exception application and approval procedures. Planning staff are available to assist applicants with questions about the application process or regulations and standards in the Zoning Code. INFORMATION TO BE PROVIDED BY APPLICANT: A. Leoal descriotion of property (attach separate sheet if necessary): ~..o p~ (lit ~ ckc\ B. *Plot olan drawn to scale showing: 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" plot plan is preferred. C. Review: The Board of Adjustment is empowered to grant special exceptions to the provisions of the Iowa City Zoning Code only in circumstances specifically enumerated within the Code. To ensure that the spirit of the ordinance is observed and substantial justice done, no special exception shall be granted by the Board unless the applicant demonstrates that all of the specific and general approval criteria are met, as described below. Soecific Aooroval Criteria: In order to grant a special exception, the Board must find that the requested special exception meets the specific approval criteria set forth within the zoning code with respect to the proposed exception. In the space provided below or on an attached sheet, address the areas of Board review that apply to the specific requested special exception. The applicant is required to present specific information, not just opinions, that demonstrate that the requested special exception meets each of the specific approval criteria listed in the Zoning Code. (Specific approval criteria for uses listed as special exceptions in the base zone are set forth in 14-48-4 of the Zoning Code. For other types of special exceptions - modifications to setbacks, parking requirements, etc. - refer to the relevant approval criteria listed in the Code. Planning staff is available to assist you in finding the relevant approval criteria for your requested exception.) Attach additional sheet if necessary. ~. No y- e ~ ~4--i aJ. Vh CLrelt b. \j~~"~L\eSA~v r€pO--.Lr rY\,oV<t rY10V'e a..<-L~Ci&(J ~ 4~ (,t~1 S. . () C- . SJ-+e. pQ-.~ \.,01... t t ~ ~u.b hV\ 4k..t:~ IA-% ell acLd.r l S ses ~. L S $)...tt.C.5 . We Q.h..€. ctrYL$,.h_~L.-{""~ ~i:L d..t S~L- ~~ - L~{)..L ~ O-Lv'L ~~d{\.. +0 lrul,k . :,Q)L~ ~ ~?1. GeL pv~~ ~ ~ ~~;if:~ ;~~1 ~. ~re~ LU~ a.u. ~ ~ ~~0-. b.e+uJ-uAL ~tL.. Dv. ....t +h...e-Xou..J--tL ~y. N b' r- ~ ~ y ~B ~ l~-t. -3- D. General ADDroval Criteria: The Board must also find that the requested special exception meets the following general approval criteria or that the following criteria do not apply. In the space provided below, or on an attached sheet, provide sDecific information. not just opinions, that demonstrate that the specific requested special exception meets the general approval criteria listed below or that the approval criteria are not relevant in your particular case. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. &..~~ 0+ +k pO-.v k.-lLk s~ls~ a..1~ ~ftn,L S+V- c2<L:i::. I lU--e.. o...R.Ac-tL4 CLr~~:i- b tLC~ ~e-rY"'\ ~ str ~ L-t c4- Si M.t0 ~ to .I -b h.o- ~ ~ Ct,.vl L s-k- bQA. sf--fl.. Cu..-L -+0 I e pttUu bu.S; ~.s.~ al.~.. ~~ o+h.ex tLtA-iv r eptUJu bu..~; rL/LSStS ~ ~ (LY~. 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. Ih.f- p 1""0 pO~4 ~ d..tt.::t:L 0 {' ~ bu&.~ u..H.-.LL ..tvL.h.~ '+hL hLLtOOJcho&&. 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 district in which such property is located. !hI S .p v-o pL-V~ ~th ~ o+1tr- Clr- (l. ~. w j \ I be- VY\ [~5 V-u- e-VLLe.... pro~(-ne.S m +h.e., 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. 1J)e.s, ~ --+-hLLJ tLrfL ~k-. GLtre..~ pv~ ~-+ ~ -4- 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. --rM. ~~ress a.nd l.-:)res.s t..O~tl k <&-tu-~~ w-i~ G nJe.-V Ti r-e., I +-hL s~ Ct S o...t ~ f)r~ s ~+ +,' t'Y1-€- . 6. Except for the specific regulations and standards applicable to the special 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 special 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 the City Code section 14-48 as well as requirements listed in the base zone or applicable overlay zone and applicable site development standards (14-5A through K).] WcL CLrfL wiL~ -+0 pr-o\J.ik (Lh ~rfjY'rLl%L- &CJr'e.- (U/\,. +0 ~ S g~clcLvd. ~ ~1 ~.cl ~cl ~ ~ P t~ie.~ &r\ ~ ~&..e .rvt.-Ll. \'\.L4- -t -tv ~ N I :, +i ~ ~ MtDo..-UL lm (.L~ pro pVt-~. 7. The proposed use will be consistent with the Comprehensive Plan of the City. ~~ S~L-t lJ..;~+iv +~ ~ ~ lu-tv~~ ~v ~ lJ~J c~~. c 8-r\L..~. k.e... tC ~tLrze ~ CVtQtL" as -5- 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 L) VtM V -,- \ re.. ML~t\S j)r ~ e. c)9c1~' ~ fu~tZJ 8tt k-Qftj 2::nnUaA.-r ADDRESS b3~ S , Ru:."€vs.ULL'Dr. ~o 4- oS, ~AStilR___ Dr. 1'5 S. ~~Dr. 161 S~ ~(('f5ci1L. ~v. -6- 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 14-8C-2C4, 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 14-8C-1E, 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 14-8C-1 F, 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: Jj- p2 :7 20 CJ ~ $~~ Signature(s) of Applicant(s) Date: ,20_ Signature(s) of Property Owner(s) if Different than Applicant(s) ppdadmin\application-boase.doc STAFF REPORT To: Board of Adjustment Item: EXC06-00010 Prepared by: Karen Howard Date: June 14, 2006 GENERAL INFORMATION: Applicant: PIP Printing 415 Highland Avenue Iowa City. IA 52240 Contact person: Dan Tiedt 526 Woodridge Ave Iowa City, IA 52245 319-338-9397 Requested Action: Approval of special exception Approval of a light industrial use - a printing facility - over 5,000 square feet in size in the CI-1 Zone Purpose: Location: 2650 Mormon Trek Blvd. Size: 12,400 square feet Existing Land Use and Zoning: Surrounding Land Use and Zoning: Vacant; Intensive Commercial (CI-1) North: Airport - P1 South: Vacant - CI-1 East: Vacant - CI-1 West: Auto vehicle sales - CH-1 Applicable code sections: 14-4B-4C-2, Technical/Light Manufacturing in the CI-1 Zone; 14-4B-3A, Special Exception approval criteria File Date: May 10, 2006 BACKGROUND INFORMATION: PIP Printing is proposing to construct a new building in the commercial subdivision platted when Mormon Trek Boulevard was extended south across Highway 1. The lots within this subdivision located east of Mormon Trek Boulevard are zoned Intensive Commercial (CI-1). The applicant intends to lease out a portion of the building and use the remainder for their printing facility. The printing facility is categorized as technical/light manufacturing, because the printing operation largely caters to wholesale trade rather than walk-in retail customers. Technical/Light Manufacturing Uses up to 5,000 square feet in size are allowed as provisional uses in the CI-1 Zone and up to 15,000 square feet by special exception. PIP Printing is requesting a special exception to use up to 12,400 square feet within the proposed building for the printing operation. 2 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 if the requested action is found to be in accordance with the regulations of the Section 14-4B-4C-2 pertaining to technical/light manufacturing uses within the CI-1 Zone and the general approval criteria for special exceptions as set forth in Section 14-4B-3A. Specific Approval Criteria: 144B4C-2, Technical/Light Manufacturing in the CI-1 Zone 1. The proposed use is limited to 5,000 square feet of gross floor area, excluding floor area devoted to other principal or accessory uses, unless granted a special exception by the Board of Adjustment (up to 15,000 square feet). The applicant is requesting a special exception for a printing facility of up to 12,400 square feet. The proposed building will contain approximately 20,376 square feet of floor area. This space will be divided into three commercial suites of 9,205 square feet, 6471 square feet, and 4,700 square feet, respectively. The initial plan is to utilize approximately 5,900 square feet of floor area within the largest commercial suite for the printing operation. The remainder of the floor area within this commercial suite will be used for accessory office uses, lobby area, restrooms, employee break room, garage, loading and storage areas. The remaining two commercial suites may be rented out to other users. However, the applicant is requesting approval to expand into the adjacent rental suite at such time as the space is needed for additional production space and requests that the special exception be approved for up to 12,400 square feet within the proposed building for the printing operation. Staff feels that the site can accommodate a printing facility of up to 12,400 square feet, however, the applicant should be aware that if the other suites are rented to uses other than a printing facility, any special exception granted for that space for a printing facility would expire. Once expired, the applicant would need to come back to the Board of Adjustment for a new approval, if at the later date they wish to expand the printing facility into other areas of the building. 2. The proposed use meets the performance standards for off-site impacts contained in Article 14-5H, Performance Standards. The proposed use will meet the performance standards for off-site impacts. There will be no emissions of smoke, particulate matter, chemicals, or offensive odors. The printing operation will not cause noticeable vibrations and there will be no bulk storage of flammable materials. 3. The proposed use is not one of the manufacturing uses prohibited in the CI-1 Zone. A printing facility is not one of the prohibited manufacturing uses. 4. The proposed use will not exceed 15,000 square feet. The applicant is requesting approval of 12,400 square feet of space for technical/light manufacturing. General Special Exception Approval Criteria: 144B-3A The applicant's comments regarding each of the general standards are included on the attached application form. Staff comments related to the general approval criteria are set forth below. 3 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. Staff finds that the proposed printing facility will not be detrimental to or endanger the public health, safety, comfort or general welfare for the following reasons: The printing operations will be totally enclosed within the proposed building. No outdoor operations, noise, dust, or unpleasant odors are associated with this type of operation. The traffic generated would be similar to that of an office use, where employees arrive and depart at regular intervals, but few customers visit the site. Two small delivery vans will be used to deliver finished products. Paper and other materials for the printing operation will be delivered by truck to the site approximately three times per week. No semi-truck traffic is anticipated. Staff finds that the proposed operations will have few, if any, noticeable off-site impacts on surrounding properties. 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. Staff finds that the 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 for the same reasons cited for approval criteria 1 and 3 of this report. 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 surrounding lots in the subdivision are largely undeveloped at this point in time, but are intended to provide areas for wholesale sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles, by outdoor commercial amusement and recreational activities or by activities or operations conducted in buildings or structures not completely enclosed. In other words, the CI-1 Zone is intended for land intensive or quasi- industrial-type uses that may not be compatible with or may have trouble competing for land with general office and retail commercial uses intended for the community commercial zones, neighborhood commercial zones or central business zones. PIP Printing will be compatible with the mix of businesses intended for the Intensive Commercial Zone. They provide printing services largely to other businesses and governmental entities and will have few retail customers coming to the site. The proposed printing operation is a less intensive use than many other uses that would be allowed in the Intensive Commercial Zone, because the operations will be located within a completely enclosed building. No outdoor work areas or outdoor storage is anticipated. Based on information received from the applicant the business will not attract a significant amount of retail traffic, nor will it generate semi-truck traffic. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The subject lot is located on property that was recently subdivided into lots suitable for intensive commercial development, so adequate utilities, access roads, drainage and other necessary facilities will be designed to meet current City standards. 5. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. Two access points are proposed along Grace Drive. These access points have been reviewed and approved by the City. 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. 4 The requested special exception is for the use of the proposed building as a printing facility. The attached site plan has not yet been approved. When the applicant submits a finalized site plan for review, all applicable zoning requirements will have to be met, including but not limited to minimum parking requirements for the uses within the proposed building, parking lot setbacks, screening and landscaping requirements, and street tree requirements. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. This area is intended for intensive commercial uses. The proposed use is consistent with the Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends that EXC06-0001 0, a special exception to permit a printing facility up to 12,400 square feet in size in the Intensive Commercial (CI-1) Zone on property located at 2650 Mormon Trek Blvd, be approved. ATTACHMENTS: 1. Location map 2. Application with attached site plan Approved by: ~. Robert Miklo, Senior Planner Department of Planning and Community Development \\ 0 ~ 0 0 0 I \ \ CO 0 () >< \ \ w ~ \.-/ // ~ tj ~ ~ ~ ~ tj OVO~ 3NVO ) y / / \\~ \~~~\ '~:< ) I \ ( I ~O 3015 153M ffiffiIE ~; ~O 3015 153M "'tJ > C1) ~ Q) l.- I-- e a E I.- a ~ o L!) co C\J . . z o ~ ~ ! Z ! () , -0 ::j () z ~ o ~ o 2 if W I i ! ;= 1/ ., ,.. . )>~ I ~ ..... 3 ". . ! J ~ -( II f i 1 1 i 1-d i i i,,- :~ j----v..V .- ._~- -~._._._-_._.+._._j_._-_.- III i 1 1 1 1 i i i i i i i i i i ' i i i i i ----t----+------ i i i !lli 1 -I i i i i i i ~~~ ~od! ~ ~ ~ 1 i i i i 1 --------------+-------------~--------- i i i i i i i "'~~ i ihi" i i 1{1 ~ i i iiI i i i i i i i ~~~ ~~;t ~Cl ~ ii\ 1--.1l:I:.~._.___.___._._____._.-..r._._._.___.__________-i --- = ~Q~ OI'fiCD ~ cn~ -1- , ',= II Z-<" lil~ I 'f I:I:lf ~I II~ II _I" fl g II . III ~~ ~ L _I~ f~ II ~ GRACE DRIV ;:: ~~~::=3 ~ ~ ~ l> (...'"". ~.; .".'.'." ....., ~ ~3 S~ ~ ~~r~~ ~~~,~ ~ - I~ ii i a:J "'Il C ~ i i ~ F"'O CD ~ f o- f g -"'0 z Z . 3 Ci) !'! r" " <)1-- OC,-O<:)O/O APPLICATION TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION DATE: ~-9'- Ow PROPERTY PARCEL NO. /0 2.0 18"0 C.O~ PROPERTY ADDRESS: 2 ~ s-o rYlc i2{lIlO I\l --ri<.~ 1<-. bLVa PROPERTY ZONE: C r 1- PROPERTY LOT SIZE: /." S /}c/<E 5 APPLICANT: Name: PIP Pf2.I~v Tt.-{) Ex Address: 4/ S- HIGHt!JAJO AvE- Ie 5:; ).HO Phone: 6/9 337 0yJI lJAAJ 9,~ 7/["0/ --~ CONTACT PERSON: Name: <:,.. 'r> _ .- .} (if other than applicant) sJ.6 (,..!co(J/J..tIJCf ,.4J~ '--y . Address: Ie 5.221~; c. :; '" r . 3/" 33?- 9317 :-' r -; Phone: ?:"):-2 ~ .~ ...c.'~ )> PROPERTY OWNER: Name: 1)r p ;JAoj.}ttt 7'1 (if other than applicant) , . I Address: <J~ LtJc"t)o,<' '0 fJ I AJ'[ IC JL) 'fJ Phone: 517 338 9397 Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: ILl ~ '113 - '-I C-I r-:) = ~,-::::J 0-' -n <=) ! rTl \---, ,-.J -0 """"'!)'" --- N en en Purpose for special exception: 7~ Co I5E~O..;)o 5000 S6J Fr /0 I ~y 0 0 _ S- ~ F-r I ro/Z L I r; H r If/ re. J v' C 1..1-. Date of previous application or appeal filed, if any: : ArcIMS Viewer Page 1 of 1 /' < " I .... ..-< \ \ \ (..,\ ... '.' a... ~ .~p~r- \ p,p. .;' ~ " I /' LU tl) UJ ~ 6,11 A" .!: UJ tQ :f ~ ~ IiJ (J:J 'l:> t; f 2m CAR....S. c.. pott 0 WE: EAGLE V1EW OR '- tJ ~ W. <l> Jotmsonr~on+u I ." . "",~,";r",ow'!}OO~ Su ~ A orJlJ " ,,1 G L. A,.,,') PIP p~ ,1-/'1 ,"" 6- urE,S o ~o ...."t> ---; ~-)=J. -< 11 ..-.-{ .c< c:> -0 --;;V,." -- :'Tl , .-, '\J (:J --- ~ N c.n 0'\ htt""//UTUTUT inh n<:nn-rm mtv r.nm!wpn"itt':!ic'm~m!M 8n Frame. htm 5/9/2006 -2- Please see 14-8C-2 in the Code for more detailed information on special exception application and approval procedures. Planning staff are available to assist applicants with questions about the application process or regulations and standards in the Zoning Code. INFORMATION TO BE PROVIDED BY APPLICANT: A. Legal descriotion of property (attach separate sheet if necessary): Lor 1f-..:L :r :r " D ,AJ ( 5 .f"'[- a:. (yJ.o r/ J/tr,< LJ Aot' /1i..}",J- ~vJA C-I.T)? B. *Plot plan drawn to scale showing: 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; 5't? A rf;1c tfEIJ 6. Parking spaces and trees - existing and proposed. *Submission of an 8 %" x 11" plot plan is preferred. C. Review: The Board of Adjustment is empowered to grant special exceptions to the provisions of the Iowa City Zoning Code only in circumstances specifically enumerated within the Code. To ensure that the spirit of the ordinance is observed and substantial justice done, no special exception shall be granted by the Board unless the applicant demonstrates that all of the specific and general approval criteria are met, as described below. Specific Approval Criteria: In order to grant a special exception, the Board must find that the requested special exception meets the specific approval criteria set forth within the zoning code with respect to the proposed exception. In the space provided below or on an attached sheet, address the areas of Board review that apply to the specific requested special exception. The applicant is required to present specific information, not just opinions, that demonstrate that the requested special exception meets each of the specific approval criteria listed in the Zoning Code. (Specific approval criteria for uses listed as special exceptions in the base zone are set forth in 14-48-4 of the Zoning Code. For other types of special exceptions. modifications to setbacks, parking requirements, etc. . refer to the relevant approval criteria listed in the Code. Planning staff is available to assist you in finding the relevant approval criteria for your requested exception.) Attach additional sheet if necessary. r"-' 0 c:::.;., c:::::_ <;: 0'" :::- 0 ::J1l: ..t'.> )::t.".. 11 - -< ,..., , ~~- ) f.....- ----. {""'-I c:> "-1 '. / 1-- r-n -~, r.~. -0 ! 1 i r..-, 5 :C' ::!: 7::::' ''--'' ",,- N :> .. )> c..n en -3- D. General Approval Criteria: The Board must also find that the requested special exception meets the following general approval criteria or that the following criteria do not apply. In the space provided below, or on an attached sheet, provide specific information. not just opinions, that demonstrate that the specific requested special exception meets the general approval criteria listed below or that the approval criteria are not relevant in your particular case. 1. The specific proposed exception will not be detrimental to or endanger the public health. safety. comfort. or aeneral welfare. This requested change does not endanger any of the above. It does not effect any of these categories. 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. The surrounding properties are vacant lots with the exception of Carousel Ford across Mormon Trek Blvd. The vacant lots are zoned C11, not residential, and the future businesses and offices will be similar to PIP Printing. PIP Printing generates no noise or pollution. All of our production equipment is inside the building. This exi:1ption will not effect property values in the neighborhood. 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 district in which such property is located._ Q :?:o -r- - This will not effect this at all. It is zoned CI1 and PIP is the kindp!=2 business that is a permitted use. =~ c:) _:-<::: r- [I: ;~::rJ ~A <: )> "" c..:-') (:',::.;:;:;,) <:l""' =-= ]:;:- -< -n <::) l~ iI"l I-~ \..J -0 =a: N CJ1 0'\ 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. PIP currently has a building permit for a foundation. The foundation is already completed. There are 2 entrances to the lot from Grace Drive. All of the above items will be met as we get building permits from the City of Iowa City. -4- 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. As mentioned in item 4, the foundation is already in with an approved building permit. The access is from 2 entrances from Grace Drive. 6. Except for the specific regulations and standards applicable to the special 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 special 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 the City Code section 14-48 as well as requirements listed in the base zone or applicable overlay zone and applicable site development standards (14-5A through K).] Please see attached plot plan showing all set backs, parking etc. This should conform to the standards and regulations of the CI1 Zone. 7. The proposed use will be consistent with the Comprehensive Plan of the City. This is a permitted CI1 use and should be identified as appropriate for the Comprehensive Plan. r""" C':'J 9 C'" C'f""\ :::..::0 :J>-j -< T1 ,..--... -<'.~ l. ) f"'- ~rt"l C-:J 0 i .:-< r" -0 \'Tl rr1 r"""^ 5 ::rJ :x: U 7" N s" .. )> U1 "" -5- 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 Sf Z --;t;:;--:1/1c If f/'J [I S ,- ADDRESS r--:> 9 = = 0' <:0 3: )>--j ):>11. -n -< r~ "....,. \. ) r-- '-jC) 0 rn .:- <.. r-- -0 111 :x r~ r") :II \....-/ '- -- N -- /', '> ~ en en " -6- 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 14-8C-2C-4, 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 14-8C-1E, 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 14-8C-1F, 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: milt r 2000 , - ;:; t,,,/IA/t< f)~ fa..~JI<2~vr- Signature(s) of Applicant(s) f2~ ~ t-. / Date: ff)t11 Y , 200~ u:~v;.~ Signature(s) of perty Owner(s) if Different than Applicant(s) ppdadmin\application-boase.doc t'...;) 0 <=:I = ~O 0'" :x )>-'i :l> -. -< 11 --..,....... 0 -, ~() 0 r- ! " r iT] m -0 5:0 ~ LJ - <:- /". N < .. )> c.n 0"1 STAFF REPORT To: Board of Adjustment Item: EXC06-00011, 950 Dover St. Prepared by: Sarah Walz Date: June 14, 2006 GENERAL INFORMATION: Applicant: Willowwind School 226 South Johnson St. Iowa City, IA 52240 319-338-6061 Contact person: Tim Terry 319-364-2945 / 319-339-4884 Requested Action: Approval of a special exception to allow expansion of a general education facility in the RS-12 zone. Approval of a special exception to allow a reduction in the rear setback requirement for a general education facility in the RS-12 zone. To allow proposed additions to the school. Purpose: Location: 950 Dover Street Size: 2.24 acres Existing Land Use and Zoning: Residential, RS-12 Surrounding Land Use and Zoning: North: Residential, RS-5 South: Residential, RS-5 East: Residential, RS-5 West: Residential, RS-12 Comprehensive Plan: Residential, 2-8 units per acre. Applicable code sections: Section 14-4B-9, specific standards for General Education Facilities in the RS-12 Zone; Section 14-2A-5b, adjustment to Principal Building Setback Requirements. File Date: May 18, 2006 BACKGROUND INFORMATION: The applicant, Willowwind School, is requesting a special exception to allow expansion of a general educational facility in a High Density Single-Family 2 Residential (RS-12) zone. In addition, the applicant is requesting a reduction in the rear setback requirement for general education facilities in the RS-12 zone from 50 feet to 30 feet. In February 2004, The Board of Adjustment granted a special exception for Willowwind School to allow a general educational facility to be established at 950 Dover Street (the former Moose Lodge) and to reduce the required rear setback for educational facilities from 50 feet to 38 feet. At the time, the applicant had not yet consulted within an architect and believed that any necessary modifications would not require expansion of the building. The original special exception (EX06-00001) was granted subject to submittal of a site plan that demonstrates sidewalk construction along the east side of Dover Street connecting the current sidewalk to Muscatine Avenue; landscape screening along the front parking lot on Dover Street; and proposed parking layout, traffic circulation, and landscaping on the site, including identification of a designated fire lane. Since that time, the Willowwind School has hired an architect and assessed the interior space of the building as well as use of the outdoor areas and parking. The architect has made a number of recommendations for expanding the building and modifying the outdoor activity areas. The site plan for the building shows two proposed areas of new construction at the front (south) of the building: a 400 square foot addition for a handicapped accessible entrance from the lower level with an elevator and a 1500 square foot formal entrance and conservatory and office space on the main level. The plan also shows proposed expansions on the main level (approximately 270 sq. feet each) to the four classrooms on the east, west, and north sides of the building. The site plan also shows two changes to areas external to the building: the outdoor area on the west side of the building is proposed for playground use for pre-K and kindergarten students, and the large parking area at the front of the building will be reduced by more than one third to allow development of a level grass play area at the front of the property. Play areas are an accessory use associated with educational facilities and do require review by the Board. 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 of Adjustment may grant the requested special exception to allow expansion of the educational facility in the RS-12 zone if the requested action is found to be in accordance with the regulations of the Sections 14-4B-4D-9 (page 196) as well as and the general standards for special exceptions as set forth in Section 14-4B-3A (page 170). The Board may grant a reduction in the rear setback requirement if the applicant demonstrates that the approval criteria in 14-2A-4B-5b (page11) have been satisfied. The Iowa City Comprehensive Plan encourages neighborhoods with a mix of housing and supportive land uses as well as open space and recreational facilities. The Comprehensive Plan encourages the location of educational facilities and other institutional uses within neighborhoods provided that traffic circulation and pedestrian safety are ensured and adequate measures are taken to buffer neighboring property owners from the negative effects of parking and increased noise. Specific Standards With the exception of the additions in the rear setback of the building, Staff beleives the proposed building expansions will have no significant adverse affects on the livability of nearby residential uses. The proposed additions on the east side of the building will be setback more 3 than 100 feet from the east property line. The area proposed for the formal entrance and office space on the main level is currently used for air exchange equipment, which will be relocated to the roof of the school. In Staff's view the conversion of this area will improve the aesthetic appearance of the building. The two additions on the west side of the building for the enlargement of the classroom on the main level and the handicapped accessible entrance from the lower level both maintain the 20-foot side setback requirement and are screened from view of the abutting residential properties to the west by landscaping and privacy fencing that appear to be on the residential property. The two additions on the north side of the building will expand further into what is already a reduced setback of 38 feet. The applicant has not addressed the criteria for reducing the rear setback and so Staff believes the established 38-foot setback should be preserved. For the previous special exception, the applicant had anticipated using the open area to the east of the building as active play area. Since consulting with an architect, the applicant has changed plans for active outdoor use areas. Because the school operates during limited hours (approx. 8:00 am until 5:00 pm) on weekdays, in staffs view, the establishment of the newly proposed outdoor play areas-the kindergarten and pre-K area on the east side of the building and the grass playing field at the front of the school-will not have significant adverse affects for neighboring properties. Because excessively large parking lots are a concern highlighted in the standards for general educational facilities, the conversion of a large portion of the parking lot at the front of the property will actually bring the property into better compliance with the code. The redesigned parking area will need to meet all parking standards for capacity, circulation, and landscaping. To ensure safety, staff recommends that the playing field at the front the property be fenced to a height of 6 feet (non-solid fencing) and, in accordance with the fence regulations, the fence must not be located within the front setback. Staff recommends additional screening for both play areas to address the potential negative affect of increase noise generated so close to residential properties. Changes to the parking lot and modifications to the building exterior are required to meet all zoning and site development standards, including the Multi-Family Site Development Standards (14-2B-6, page 35). Adjustments to Principal Building Setbacks-Section 14-2A-4B-5b (page 11) The minimum setback requirements are exceeded on all sides of the building with the exception of the rear setback, which is approximately 38 feet-a 50 foot setback is required. In the original special exception to establish the school, the Board of Adjustment reduced the setback requirements because the building was already established within the required setback. In addition, the topography of the site, with its steep slope at the rear, combined with the existing privacy fence along the property line, provides an adequate buffer, screening these properties from the additional noise and traffic generated by the school. The two proposed additions on the north side of the building will expand further into what is already a reduced setback of 38 feet. The applicant has not addressed the criteria for reducing the rear setback and so Staff believes the established 38-foot setback should be preserved. General Standards: 14-4B-3A (page 171), Special Exception Review Requirements 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. Staff finds that the proposed special exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The school will be required to comply with all parking and landscaping requirements of the code. 4 Staff recommends additional screening to mitigate noise from the newly proposed play areas and fencing surrounding the playing field at the front on the property. 2. The specific proposed exception will not be injurious to the use and enjoyment of other propefo/ in the i~mediate vicinity and will not substantially diminish or impair property values In the neighborhood. The school operates during the weekdays from 8 AM to 5:30 PM and thus traffic and noise generated by the school will be limited to business hours. Staff ' believes that additional screening along the both play areas and fencing around the playing field at the front of the property will provide adequate buffer and separation from the neighboring residential uses. The conversion of a portion of the parking lot to playing field will bring the site into. better con~ormance with the code and will improve the aesthetics of the site. The newly deSigned parking lot and the additions to the school building itself will be required to meet all zoning and site development standards, including the Multi-Family Site Development Standards 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 surrounding properties are already developed. (See above) 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. In the previous special exception for the property the Board found that vehicular access to the property via a collector (Dover Street) and an arterial street (Muscatine Avenue) meets the requirements for educational uses established in the RS-12 zone. The construction of a sidewalk as required in the previous special exception will ensure safe pedestrian access to the property. 5. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. On-street parking has been restricted along Dover Street in order to maximize visibility at this location. The existing traffic control at the Dover/Muscatine intersection has been evaluated by traffic engineers and has been determined to be appropriate. 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 applicant is required to submit a site plan to the building official for review and will be subject to all other requirements of the Zoning Code. The site plan must meet the Construction and Design Standards for off-street parking, including the minimum parking requirements, proposed traffic circulation on the site, designation of an emergency vehicle/fire lane along the building, and parking layout and landscaping requirements. Modifications and additions to the building will be subject to the Multi-family Site Development Standards. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. The Comprehensive Plan encourages the location of educational facilities and other institutional uses within neighborhoods provided that traffic circulation and pedestrian safety are ensured and adequate measures are taken to buffer neighboring property owners from the negative impacts of parking and increased noise. The use of the property as a school complies with the intent of the Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends that EXC06-00011, an application for a special exception allowing an expansion of a general educational facility in the High Density Single-Family Residential (RS- 5 12) zone be granted subject to submittal of a site plan demonstrating the recommended screening and fencing as well as the prior required sidewalk construction along the east side of Dover Street connecting the current sidewalk to Muscatine, and proposed parking layout, traffic circulation, and landscaping on the site, including identification of a designated fire lane. Staff recommends that the special exception to allow a reduction in the rear setback requirement for a general educational facility in the RS-12 zone be denied. ATTACHMENTS: 1. Location map 2. Proposed Site Plan 3. Photos of site 4. Application materials Approved by: ~ ~.. Robert Miklo, Senior Planner, Department of Planning and Community Development 6 View of the west elevation of the building. View of the east elevation of the building. 7 i.~ ~:.,~~~,~~~i:" (< _4i 1'...;~ ~J:,:;:: """..;: ,,~ .'f' .-:,~' , '~"" .IIi ..&-t" r;:;~- -' View of landscape screening along west parki~g lot. View from Southwest corner of the parking lot. =-~ I ~ ~= I '- I ~I - I .~ (j ~ ~ ~ ~ (j I .. rn x~Jjl I ~ ~~LL (" ~R~ T T ~ I \... ~ I --+---.J ~CJ)---- (]j tJ () -D U (),... () :::J -Z c.. Q:---JcX 2:0 a:"N ~ -- \~ ~ I I \/ n w > -'<( ~ NM\fl HinOS I \ I I T --rr::- I ~-~ I I- ~~~. ~ ~~ '" ~0-E7~""""'V ~ ..: I ~ ~ ~7fi~ CJ'- ,..,._ I L L I--- r- is ~3^OO - t--- T I - \ \ I-- I I I \- I '" L- _~~' I I '\ ~ 'S 1:1 lll~Sl \/:1 ~ / i\\--~~ I I I T 1 l-~ }\~ ~ l - c-- '- ,_~~ I c-~ '. I I T I ~- 0::: o o o o 3: t; <v'" '--- I is ~3^OO I \ (j -'-- rt 0..0. I \ \ I is ~3^tNJ I I I c - :Eo a:N I is ~nHl~\f I I -- - \ I I - 1 r is V'f\7'lllIM r - 1\\ \ 1\ - \ J I 51 611 ,... tnl f-\\O ~\ ~I\ 0\ 0::: I zOllO I l 6\ ~\I ~ r-:I ~I IS 30\fM --- ,... o o ~\1 I~ ,~ 1 I :Eo a:N" C)~~\P X" ,y. /' l) <9 !!: (j & ~ Q- ~'X I l--- - j T I ~ - I I r-=-1 I 1 +-i CJ) lo... CD > 0 0 0 LO (j) . . Z 1- 0 ~ f-l - ..( U I-- 0 1- ~ - ~ f-l ~ I~ rJ) I I - E)(C. tlXp - OOQ l L APPLICATION TO THE BOARD OF ADJUSTMENT ~~ ~ SPECIAL EXCEPTION f o~. . DATE: 5/1 yS~ PROPERTY PARCEL NO. \ a \ -::, d... ~ & 00 \ t) () \) "t... 'Q.. PROPERTY ADDRESS: C\so PROPERTY ZONE: f\ s \ d... PROPERTY LOT SIZE: a - d.. '-\ I><. APPLICANT: Name: \.>..:l \ LU)\J....l W , N I) "S<::. ~o L Address: ?-.'d--\o S. -Jo~1J S\1L~~; Phone: ~\q. ~'3~' <Ooto\ CONTACT PERSON: Name: \$\r..... "\ "t.. '4Ub-t (if other than applicant) V Q u.> \ I...L $..U I.V \ IV l) S<..\~()l.... Address: ~d-.-\o $. '.) 0 ~\-N$ ..'" S\"Z~~ ~\q ~ 7;;.\ - ~ Ie> u 9 cc '" LL ') Phone: ~ \q - "3 3~. lou'o \ C ~S C> PROPERTY OWNER: Name: S~'f ~s (if other than applicant) ):::> --1 ,- ,- --'.:, Address: "-'-1 ~:) -,- Phone: h, r 5~ ~ )> Specific Requested Special Exception; Applicable Section{s) of the Zoning Chapter: f"'" It~ c:.-''''], o~ II 00 > ::it \..0 .c- .;&:- rTl \~_~ ~ ~ _ G.f2N'L~ ~'O,,<~\.l'^-> PA.-LI.UT\f.S ,..... ~ QS- I'd.... LU~ ""'\C ~u...r;;j..Aj l=='-.lcL ~)I..~ANS,1).oJ t:)C:::- ~~ ~\S,\\""" 01 e,l.hL01.....lo Purpose for special exception: \D A<:CQ""-'J ~A--\"'- ,\lie t-J1~tl Po",- O~~\CE;: .s~c€" / "" DA 8t'"'"'" PrN~ t::'<'L5" A,() J Nu~ oS!? Ol:::~, (c ~ ~tt.;e"Sc:..*"..)<.. ~L~ 6Q{"l Ni>) c'-~ ~\l~"". ~~~O~ IU,,",.) . ~L~"""'~L ~ f>><L~\~IL'"""t1i. P-\~"H..N- v Cu\-SSiZ' "''- ~.)<. \.\"~ I Date of previous application or appeal filed, if any: Y\\/u\c A'-\S". -2- Please see 14-8C-2 in the Code for more detailed information on special exception application and approval procedures. Planning staff are available to assist applicants with questions about the application process or regulations and standards in the Zoning Code. INFORMATION TO BE PROVIDED BY APPLICANT: Q ~~! :x ~:> "--:J .........-.:...... ",1 A. leaal descriDtion of property {attach separate sheet if necessary~ 10 ~ \? -~ 5 I :, -"'<4 - ~ ~t\<<-, o'~ S~, N W B. *Plot Dlan drawn to scale showing: .z:- 1. lot with dimensions; .z:- 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. co > :x \0 rn *Submission of an 8 %" x 11" plot plan is preferred. C. Review: The Board of Adjustment is empowered to grant special exceptions to the provisions of the Iowa City Zoning Code only in circumstances specifically enumerated within the Code. To ensure that the spirit of the ordinance is observed and substaltial justice done, no special exception shall be granted by the Board unless the applicant demonstrates that all of the specific and general approval criteria are met, as described below. Soecific Aooroval Criteria: In order to grant a special exception the Board must find that the requested special exception meets the specific approval criteria set forth within the zoning code with respect to the proposed exception. In the space provided below or on an attached sheet, address the areas of Board review that apply to the specific requested special exception. The applicant is required to present specific information, not just opinions, that demonstrate that the requested special exception meets each of the specific approval criteria listed in the Zoning Code. (Specific approval criteria for uses listed as special exceptions in the base zone are set forth in 14-48-4 of the Zoning Code. For other types of special exceptions - modifications to setbacks, parking requirements, etc. - refer to the relevant approval criteria listed in the Code. Planning staff is available to assist you in finding the relevant approval criteria for your requested exception.) Attach additional sheet if necessary. 'v.), LLOWU.h ~() Sc...'A-t.OL 'APP<-,,,~ ~t1.. f>rt,..,f) a~Ce\\)(:,-"Y\ i'o f'P2\) oj ~ PvtL C!... SR"1.<::,,+<-<- ~<'t:~,WL \U ,p~<t."'-I' ~ ~<ltrooL '\W \,)"\\L\,-f: ~,~ .p1Z;.}~a,", ('>v,,- f'W... ~t>\l<'~\)"'~ 45 C:>u"-__~'>,,"'o""^- 'l..1-y-~ ,,~ ~. c.....Q<t. _ f>.,""\ "'~- "~ "\: .;)C ..\'~ U((\61~ ~$" A-~\j,", ) ~ "t;.. X "<71\N lJ ~ \\R \(:0 ~ A.... \JJ' LlU"-lW I" () t:.\~ Nu-' A;"N.......<.\~k\~ ~tl' ........... C) ~$IL'l)\'I\o (, ~Q' fCl IN" . ~'~"\)"<<, l\,-<; A. I( ~S(J~~ il ~ Dt.\.....'LE"'O ""tN A\.I'-Is: I':. B'-\ ~ s.c.~1... '<:, P<<-<.\....,~l...\':>, l:i, "-..J\L\. ~E' N~<::"'CCA-<'7. ......::> J'o..A-_ ,_".....__ - I'. , "'-n<;~ <::.j2Q""",,,- ~\:)O\ <:::$~I)/'.S '\u ~ ~\}\\....~I,^,I. ~. .lL, V ,.... r'\\...,-''^' \1 \u ~~C~CT\~..l'1 M.~'i\, ~ ~oS oc. .~ St:~L. ~"L ~l::\..'''''''' ~."..,..::- M.II........ ~<. \....,,""'~ 'V' W.\(~........~ \>..I\L, N'~ "\ C~(,;:r ~ C.~^c:'\~1l ':\1:: --~ C:>I'I-<"\\.:..\.\'i A-NO '-'JO\JI..~ "" $ ~ ~ \ l\.. ~ Q ~ ~ \J , f (. M """ \"i. <:)f.:! ~ ('\j t:., . -3- D. General Approval Criteria: The Board must also find that the requested special exception meets the following general approval criteria or that the following criteria do not apply. In the space provided below, or on an attached sheet, provide specific information. not just opinions, that demonstrate that the specific requested special exception meets the general approval criteria listed below or that the approval criteria are not relevant in your particular case. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. \J..J\~ '"T\\-~ ~><-c:::~\\~ I:l~ ~ ~t:...c:-.-<I... "S""'~~~""~\..'- ~c Qv,"'n'~'I) ') ~:t..Qht-S\I>+- <:Ie,~ e.V\l..ow-\.:. \5 '->.>$L<-. W~\... ~~ R~ \;\.~,Q< t) C'r\"...., ~ \jltlk<' j::~'<L ::'60Tt? A-t.'<.s.. \'Y.~ t>eoOos",,"1> Q.~V"fL ~ )(,<P"'-/\..S,II,j'" l) (': <\..-(:\$''::. 'l <::so"'"'_ OS PA;-(.~ 9Q\) ,h C~<;;' .t>, CC~~ \I.} ~J(, ~c;. ~""- :s". eo"" ...-"", !'.-Nt::, V-i\.:>\h...1:> N\!' R.4.So\..-""'\" ..... A-()Or~:'\ON""'- ~,""\~ "\U -r~ lL~f'Tr'- ~ '1- <.,,--(:1 '\ ~o GL '-N """- "<.. "" ~ ~ ~~, f<...'Ay 6"'\lIJ N () All <,. A, . \' 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. \\~ AD..k..~...." {>~ V'''- {{:"\\ <- ~ A-P. ~, c:,.;Q ~ ,_ ,l.l-\ "Sc. ~, (. I'-.\'i; () s::-~ ",n~ ~\"-'l>\~ co # \~ Sc\m::,o,- ""\'-'- 1>.00 4IrDOC\\Q""A-..- S C:::1l~<;'''''I>NU \U ~<..~ Prt:> J P,-c.:~-'l'. ~ ~ ~!.:S\~\I-~\~ f::R,4 "'IS ~ Q.~"" (2\"'\ , 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 district in which such property is located. ~ C:Q. "i >A- \~ ~ e~, t>rt:x--\ 't> ~, v ~ '-.0 p~ ~ o :?O ""~- """.. . ).> =j (:--. co 4. n"' > Adequate utilities, access roads, drainage and/or necessary facilliOis haie been or are being provided. ~ /' "R )> .t='"' .t='"' Aa:..,,,,, Q \ ~ ~ "-iA:-D , \W: \S <'-LOSE -~ ~ f e\l{.le. ~ \j\\"-\\\~<;; M.."-. ~{)~ "'...J~~ r--.} C::,'> ~',::.::;) 0-' -n i :Tl ",.---, U 'iTN{} ,-' -4- 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. \.).j, '- \. '" v.,j W I o.l ") '-N\L'-- c'0'N ~IZ"", ~ $ \~ .p '- """- Q.~ ~\,.;)'\ e..<?~~~ .p.,<;. 'S eo, (::.u iL ~U 6'-'. \-~ ~p,. <:: ,~-"o ~ 0 ~I't '() (} I:::' D.,(J ,.) ..).5 ~ ~ I;- CI"T'\~o{) o/~~. 6. Except for the specific regulations and standards applicable to the special 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 special 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 the City Code section 1448 as well as requirements listed in the base zone or applicable overlay zone and applicable site development standards (145A through K).] ~ f't2l,.J"~ "l"\'-\ \5 <.~ '() I(, s - \~ ' ~ \<" ~Qi 0.'9'-'\ -.; .s~ (,. \ :S I-R;;O AN 0 fV'..~<e~ A-~ S ~ '\ '/3.k'< a. ~ (;)~ \ Q {, V"-1r1Io- ~ (A<;. A:<... '- ~ w~ '0 $'1 ~~c, f.>rt. <L/<-c,""'-c;>\\\)....)" P~I'N6 ~ IC Pun... \\4.€, M"C tj, 7. The proposed use will be consistent with the Comprehensive Plan of the City. ~ ..pal.) Ous \:::-'(1) Co "'''r''''"""",'''' e:; VI.) \'I.\.~t &Ul\...f) \"... ~ 'C:l~ N. II '\ A-j) \,.;)~~S,~L'-1 ~PR\-c...., - ~ C \'IAw--( o'\c.\'e '1. ~ ~ ""'\-4, P.:.u l \...'t> Iv.. \0, 0rN V) A.f<... ~ ~<;;.\ S'\G- -..J~ ~ '""'\'" \\"> ~""'tN C>~ '() ~5~ . o .c::- :,,=::Q J> -,..\ -< r--:l C:,. c::;;.;) c:;n ;Jl': :r;- -< 11 ):>It - ~ I !Tl o co \D &"' :- -5- 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 -s~~ ADDRESS A-"",~~~"'Cn o ~C) ..l......._j ,......., c::::> = 0'""\ -< -n co ;:boo ::J: 1..0 +" +" !-n '--I \..J -6- 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, Ighting, 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 deerrs appropriate under the circumstances upon a finding that the conditions are necessary to fulfill the purpose and intent of the Zoning Chapter. (Section 1~C-2C-4, City Code). Orders. Unless otherwise determined by the Board, all orders of the Board !flail 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-SC1E, 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-SC-1F, 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: ~ \~ ,20 Ob ~~~~ . ~ r- (:) =:::> ~"'..~~ . ~~ Signature(s) of Applicant(s) --:>' Date: -- ,20_ Signature(s) of Property Owner(s) if Different than Applicant(s) ppdadminlapplication-boase.doc /'0...) = = t'j"'\ o ~C) )>-, :;:(t -< JJ r- co > ::Jr \.0 .t"" +:'"' rn fI .....J ~h t I~.._...m.. j--- ! I I I e, ----"i - , , , J i c"r I I I I I i ~ ~ >- ~ 0- J: FIl._EC) 20U6 MAY 18 Ml 9: 45 Ciry CLEFiK IOWi\ CITY IOVl/A t ~I ~ mm WoI"'Q.o-",,,, r~>-~ < ~ o '<t C\l C\l L!) U) .~ Q;>> 1)'5 "0('0 o ~ L!) 0 0) ._ ..J o o J: o en c z ~ o ..J ..J - ~ Ral5i:ld waikway !l'xtand$ to gradi,~__."__,__~_",.__"_,,_,,",,,_~ ''', CClltal'ledou\dompfay ar\;l:;l Pcurr~u!& pavem~nl f(lr fiflf tUrrI,Hound ?^,,,.,.EwalbiJU1)lPlJfllOIQrJ / , / """" ";:::~;_._._._._._.~.~~".w ':::7:/~~"""'.'~'-'-' " ~ / / . ""'''' . //' /// ! 'I / / I ~,~ ------,,// . . I ..4---- . -',_ ,/ , I """"1' ' . "'" I '"",! /~j /'/ ~_,~tlU,~IU(;ti(Jn // I, // ./ ! ! I i ! ! I ~ ~ ! ! I i ! I . ~,,,,,,.stwrt.lerrliPafk:jl1g ! // / POi:ls:tI.!!I."war,Uii.o11 Hi!fd'l~;..'pe outdoor pial' alaa Wa!kw.aJ.~".__,,_ PossiolaexpallMC!1.__ _ , . , , , . , . , . ~"--~--.: ..// //-,~.fulld // G i - _'''j \ \. . I ! "lr5.'~Q" E ".,9" I ,____._.-.__.-.-.......J ~I ~i ~. ~I . I \ ' . I " .1 \' .I 1 I l'J 0 = (:;:-" ~Q 0.... ,\;..-"_1 11 -----<:" ) -;:: " ;~'.._- (~"'~'" (Xl '~ ~, r- ITl ! rn :> .- -p :Ji: r----s '".:) ...j \~J ~^ 1...0 )> .:::- .... ./ / '00 ~ff "" ii> ::J -$- )> i i i ~ I . , 0 0 . . ~ ~ tl!l!i 0 ~ ~ WILLOWWIND SCHOOL I i i ....lro. ~ ~ I 950 dover st i iowa city ia 52240 ~ ~ ~ o ~o )>=: i [i! 0:0 S/~ )> ~ = = 0" -< -n C:' co > ::i: \D .:::- en lTl ~~ \~J "'~ ~ ~ ~ +1 I.....".....".,,"" o !o~er, level, .-- WILLOWWIND SCHOOL I ~':,'~:;'i:t52241l ---1::t- -f:::!- 3.' -----0- 9 ~o ::P- j {~"-" " r---''" I r-r'\ ---~.,.; o..u ~7' )> ,......:> = c--:;;:; en -< -11 -t:f- --w-- ~E ~ OPEN OfFice -----0- 0:> J;a> ::;: \D &"" Ul 'T1 CD main level 1 2 .-- f-;, \,-j +1 WILLOWWIND SCHOOL I =d~";';:I52"O STAFF REPORT To: Board of Adjustment Item: EXC06-00012 Prepared by: Sarah Walz Date: June 14, 2006 GENERAL INFORMATION: Applicant: Contact Person: Wal-Mart Stores, Inc 2001 SE 10th Street Bentonville, AR 72716 Joseph Altenhoff Arc Design Group 1475 S. Perryville Rd. Rockford, IL 61108 Phone 815-484-4300 Property Owner: City of Iowa City 410 E. Washington Street Approval to place fill in the floodplain. Requested Action: Purpose To allow development of the site. Location: South of Highway 1 on Ruppert Road Size: 22.59 acres Existing Land Use and Zoning: Surrounding Land Use and Zoning: Community Commercial (CC-2) North: Commercial (CI-1) South: Airport (P-1) East: Undeveloped (CC~2) West: Commercial (CC~2) Applicable code sections: 14-4B-3 Special Exception File Date: May 18,2006 BACKGROUND INFORMATION: The Iowa City Zoning Code does not require a special exception for placement of fill in a floodplain. Placement of fill in a flood plain is allowed upon approval by the Building Official. However, in Holland v. Citv Council of Decorah and Wal-Mart Stores. Inc., 662 N.W.2d 681 (2003), the Iowa Supreme Court deemed invalid the City of Decorah's ordinance granting the City Council authority to approve of the placement of fill in the flood plain. The Holland decision can be read to require Board of Adjustment approval for the placement of fill in the flood plain. Therefore, given the ambiguity created by the Holland decision, the City Attorney has advised the Board of Adjustment to consider and rule upon Wal-Mart's application (see attached memo). 2 Because the Zoning Code does not provide any specific criteria for approval of the placement of fill in a flood plain, the Board will refer to the general approval criteria (14-4B-3A) that are used in evaluating all special exception applications. The question is therefore, whether the placement of fill in the floodplain at this location meets the general standards required for all special exceptions. In 2005 Wal-Mart Stores, Inc., the applicant entered an agreement to purchase the property in question for development of a new store. A portion of this property is in the 1 DO-year floodplain. Fill is required in order to develop in the flood plain. The applicant has applied for, and will need to secure, a flood plain development permit from the building official prior to placement of fill in the flood plain. ANAL YSIS: To understand the situation presented in this case it is important to understand the difference between the flood plain and the floodway. The floodway is that portion of the available flow cross section that cannot be obstructed without causing an increase in the water-surface elevations resulting from a flood with a 1 DO-year average return period of more than a given amount. The flood plain is outside of the floodway, and the 1 DO-year flood plain encompasses the area of land that in any given year has a 1 percent chance of being flooded. The flood plain regulations are based on hydrologic studies that anticipate a fully built/developed environment within the floodplain such that the flood elevation will not increase more than 1 foot over the entire flood plain. General Standards: 14-4B-3, Special Exception Review Requirements 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. Placement of fill in the floodplain to elevate the area and remove it from the floodplain is an option for commercial development of land in the flood plain. The purpose of elevating land proposed for development and removing it from the flood plain is to insure the public health, safety, comfort and general welfare by minimizing flood hazards to future users of the development. The City's Comprehensive Plan and flood plain regulations anticipate both the placement of fill and development within the flood plain. 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 applicant has proposed filling in the flood plain on approximately 10 acres of the entire 22.59-acre property. The placement of fill in the flood plain along Ruppert Road will not increase flood risk to any surrounding properties. As required by the Building Official, the applicant has provided certification from a licensed engineer that there will be no rise in flood elevation as a result of this fill. As stated in the certificate, additional storage and flowable area will be provided in the flood plain as a result of this project. The applicant's property and other surrounding property are zoned for commercial uses. Fill wil enable commercial development of any kind to occur in the flood plain. The opportunity to 3 develop this property for commercial use will in all likelihood increase the value of surrounding land. 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 specific proposed activity will increase the opportunity for further development of the property in question and will not impede improvement on surrounding properties for uses allowed in the CC-2 zone. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Because the request is only for filling in the floodplain, the issue of utilities, access roads, etc., is not applicable. Utilities, access roads, drainage, etc., are not required for filling in the flood plain. 5. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. Again, because the request is only for filling in the flood plain, ingress and egress are not at issue. 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 property in question is zoned for commercial development. The applicant has applied for, and will need to secure, a flood plain development permit from the building official prior to placement of fill in the flood plain. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. The future land use scenario presented in the South Central District Plan (amended April 2005) shows the undeveloped property north of the airport as retail/community commercial. In addressing the 1 OO-year flood plain, the District Plan indicates that "development is not prohibited in flood plain designated areas, but in such low-lying, flood-prone areas, substantial fill is required to minimize flooding." (page 23) Future development in the area is addressed in the district plan as well. "Commercial development and zoning are planned for most of the 54-acre Airport North Commercial Park." (page 24). The property at issue is zoned for commercial uses. Placement of fill in the floodplain to elevate the area and remove it from the floodplain is an option for commercial development of land in the flood plain. STAFF RECOMMENDATION: Staff recommends that EXC06-00012, an application for a special exception to permit fill in the floodplain for property located South of Highway 1 along Ruppert Road be approved. ATTACHMENTS: 1. Memo from the City Attorney 2. Location map 3. Proposed Site Plan 4. Application Materials 4 Approved by: ~/A' L6 A' ... Robert Miklo, Senior Planner, Department of Planning and Community Development j ~ 1 -~= -....... ....---_...... ~~W~~ ~ -.., :. ~""l '=.illll -- CITY OF IOWA CITY MEMORANDUM Date: June 8, 2006 From: Iowa City Board of Adjustment Mitchel T. Behr, Assistant City Attorney ~~ To: Re: EXC06-00012; Application for Special Exception from Wal-Mart Stores, Inc. Wal-Mart has entered into a purchase agreement with the City of Iowa City for the purchase of a parcel of property in the North Airport Development subdivisions. As contract vendee, Wal-Mart has filed the above-referenced Application to the Board of Adjustment for Special Exception for "[p]lacement of fill in the floodplain to support construction of a Wal-Mart Facility." The Iowa City ordinances do not require or provide for approval of a special exception by the Iowa City Board of Adjustment prior to placement of fill in the flood plain, but rather, allow placement of fill upon approval of the Building Official. However, in Holland v. City Council of Decorah and Wal-Mart Stores. Inc., 662 N.W.2d 681 (2003), the Iowa Supreme Court deemed invalid the City of Decorah's ordinance granting the City Council authority to approve of the placement of fill in the flood plain. The Holland decision can be read to require Board of Adjustment approval for the placement of fill in the flood plain. Therefore, given the ambiguity created by the Holland decision, it is my opinion that the Board of Adjustment should consider and rule upon Wal-Mart's application. Iowa City Code Section 14-4B-3 provides that no special exception shall be granted by the board unless the applicant demonstrates that all of the "general approval criteria" (listed in Section section 14-4B-3(A) and the application form) are met in addition to any specific approval criteria for the proposed exception listed in section 14-4B-4 or elsewhere in the zoning code. The criteria to be applied by the Board in considering and ruling upon Wal-Mart's application are the general criteria set forth in section 14-4B-3(A) and listed in the application form. There are no criteria specific to this type of special exception set forth elsewhere in the zoning code. The general approval criteria forth in section 14-4B-3(A) and listed in the special exception application form should be applied only to the request to place of fill in the flood plain. As stated in the application, the applicant seeks to place fill to raise the property elevation and ultimately allow construction of a retail building and related uses in accordance with other ordinance provisions. If the special exception for the placement of fill is granted, any subsequent development activity on the site will be subject to City review pursuant to applicable ordinances. It should also be noted that approval by the Iowa City Building Official will be necessary prior to the placement of fill in the 100-year flood plain. Pursuant to Iowa City Code Sections 14-5J-6 and 14-9F (definition of "Development"), "[a] Flood Plain Development Permit, issued by the Building Official, must be obtained prior to" filling in the 1 OO-year flood plain. ~ "0 a: +-' ~ Q.) 0.. 0.. :::l a: . . z 0 ;...oj ~ - < W APPLICATION TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION DATE: May 17, 2006 PROPERTY PARCEL NO. 2005049 and 2005050 PROPERTY ADDRESS: South of Highway Ion Ruppert Road PROPERTY ZONE: CC-2 PROPERTY LOT SIZE: 22.59 Total Acres APPLICANT: NAME: Wal-Mart Stores, Inc. "....:> 0 c~ C::,~1 ADDRESS: 2001 SE 10th Street, Bentonville, AR 7271~BO t..s..... ~".- _!,~+..i* """"'1 ,f::ifllo il ~. -~.'.::: PHONE: 479-204-0028 C'\-', - ,~ ~-..~ , ' OJ "--- '"~. ~_~ r-=-:'~ T1 __ ....'" 1 ::-",~ [r! c=) ~.:~ -,.". ~.,j <.- /'- 6 CONTACT PERSON: NAME: Joseph Altenhoff c/o Arc Design Group :~ --. ):~ 1..11 (if other than -.I applicant) ADDRESS: 1475 S. Perryville Rd., Rockford, IL 61108 PHONE: '815-484-4300 PROPERTY OWNER: NAME: City of Iowa City, Iowa (if other than applicant) ADDRESS: 410 E. Washington Street, Iowa City, Iowa 52240 PHONE: 319-356-5041 Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: Placement offill in the floodplain to support construction ofa Wal-Mart facility. Purpose for special exception: To raise the property elevation in the floodway fringe which will then allow construction of a retail building and related uses in accordance with other ordinance provisions. Date of previous application or appeal filed, if any: None relating to this issue. Previous application filed on May 16,2005. -2- Please see 14-SC-2 in the Code for more detailed information on special exception application and approval procedures. Planning staff are available to assist applicants with questions about the application process or regulations and standards in the Zoning Code. INFORMATION TO BE PROVIDED BY APPLICANT: A. Leeal description of property (attach separate sheet if necessary: SEE ATTACHED LEGAL DESCRIPTION B. *Plot plan drawn to scale showing: 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. Park spaces and trees - existing and proposed. *Submission of an SY1" x 11" plot plan is preferred. C. Review: The Board of Adjustment is empowered to grant special exceptions to the provisions of the Iowa City Zoning Code only in circumstances specifically enumerated within the Code. To ensure that the spirit of the ordinance is observed and substantial justice done, no special ex~eption shall be granted by the Board unless the applicant demonstrates that all of the specific and general approval criteria are met, as described below. Specific Approval Criteria: In order to grant a special exception, the Board must find that the requested special exception meets the specific approval criteria set forth within the zoning code with respect to the proposed exception. In the space provided below or on an attached sheet, address the areas of Board review that apply to the specific requested special exception. The applicant is required to present specific information, not just opinions, that demonstrate that the requested special exception meets each of the specific approval criteria listed in the Zoning Code. (Specific approval criteria for uses listed as special exceptions in the base zone are set forth in 14-4B-4 of the Zoning Code. For other types of special exceptions _ modifications to setbacks, parking requirements, etc. - refer to the relevant approval criteria listed in the Code. Planning staff is available to assist you in finding the relevant approval criteria for your requested exception.) Attach additional sheet if necessary. Wal-Mart is seeking to place fill in the floodplain for purposes of raising the areas within the floodway fringe out of the 100 year base flood elevation as required by the Flood Plain Management Ordinance. The placement of the fill is consistent with the City's Comprehensive Plan for this area which includes commercial development. Wal-Mart is appending information required by the Ordinance provisions and this form. -3- D. General Approval Criteria: The Board must also find that the requested special exception meets the following general approval criteria or that the following criteria do not apply. In the space provided below, or on an attached sheet, provide specific information, not just opinions, that demonstrate that the specific requested special exception meets the general approval criteria listed below or that the approval criteria are not relevant in your particular case. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. Placement of fill in the floodplain will promote the public health, safety, comfort and general welfare in that it will allow use of this property in a manner that is above the 100 year base flood elevation. Such elevation is specifically required to comply with the Flood Plain Management Ordinance for construction in a floodplain. By raising the property (and any structures) above the 100 year base flood elevation, the potential for harm to persons and property will be reduced. 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. Placement of fill in the floodplain will not increase flooding elevation for any surrounding property. The limited amount of fill being placed will be offset by the increased floodplain capacity. All adjacent properties are commercial and business use. Placing fill will allow development which will likely increase surrounding property values. 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 district in which such property is located. Placement of fill, thus allowing the development of the Wal-Mart facility, will promote, rather than impede, the normal and orderly development of this commercial and business area. Placing fill to allow development in accordance with the Flood Plain Management Ordinance is the type of use specifically considered for this area and is, therefore, entirely consistent with the Comprehensive Plan. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The placement of the fill does not require utilities, access roads or facilities. The fill will be placed in a manner that provides for proper drainage. Additionally, the ultimate use of the property as a Wal-Mart facility provides for all of the necessary utilities, roads, drainage and facilities for the requested use. The placement of the fill will ensure that all such requirements are being provided. -4- 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. Adequate ingress and egress for the placement of the fill has been provided. Additionally, the ultimate use of the Property as a Wal-Mart facility will also provide for appropriate ingress and egress designed to minimize traffic congestion on public streets. The placement of the fill will ensure that all such requirements are being provided. 6. Except for the specific regulations and standards applicable to the special 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 special 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 the City Code section 14-48 as well as requirements listed in the base zone or applicable overlay zone and applicable site development standards (14-5A through K).) The placement of the fill not only conforms to all applicable regulations or standards of the zone in which it is located, such fill is required to satisfy the terms of the Flood Plain Management Ordinance which mandates that buildings be above the base flood elevation for the protection of persons and property. Placement of the fill will allow Wal-Mart to satisfy this mandate in a manner that is permissible under all applicable laws. 7. The proposed use will be consistent with the Comprehensive Plan of the City. The area is surrounded by commercial and business uses and is designated for commercial development induding the proposed use as a Wal-Mart facility. Because such use is contemplated by the Comprehensive Plan, the placement of the necessary fill to accomplish those uses is required by the Flood Plain Management Ordinance. For this reason, and reasons identified in the responses to Paragraphs 1-6 above, placement of the fill and the ultimate use of the facility as a Wal-Mart facility, is entirely consistent with the Comprehensive Plan. -5- 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 SEE ATTACHED LIST OF PROPERTY OWNERS ADDRESS -6- 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 14-8C-2C-4, 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 pel.mil. 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 14-8C-l E, 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 14-8C-IF, 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. 11 /71V' Date: AI-I ( ,20~ WAL-MART STORES, INC. t na re(s) of Applicant(s) y: Arc Designs Resources as Agent for w(ft:orcn)~ fhv-~ Signature'(s) of Pfoperty Owner(s) if Different than Applicant(s) Date: f1~ '7 f 0 , 20 CG:. ~Q ~~:~ () ~~..~~~ -, d:\\\{l541\l.lTapplir.Hinn In h()a-~p~l' t.,,~ccpI-I.d()l' r-, '. .) .~lC2 --...,: f7 -- ,r-- OJ C5 ~-~i ~ ;E'--' 25.. J;,. ;-'1-/ : Ii i--..... . , ''-.J (..'1 - LEGAL DESCRIPTION A PORTION OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRfBED AS FOLLOWS: AUDITOR'S PARCEL 200~049 COMMENCING AT THE NORTHWEST CORNER OF LOT 1.7, NORTH AIRPORT DEVELOPMENT, IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 43. PAGE 182 IN THE RECORDS OF THE 10HNSON COUNTY RECORDER; THENCE 889029' 19"E, ALONG THE NORTH LINE OF LOTS 17, A DIST ANCE OF 3.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUNING S89029'19"E, ALONG THE NORTH LINE OF LOTS 17, 16 AND 15, A DISTANCE OF 428.75 FEET, TO THE NORTEAST CORNER OF SAID LOT 15; THENCE SOUTHWESTERLY, 13205 FEET ALONG AN ARC OF A 380.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 131.38 FOOT CHORD BEARS S80037'39''W; THENCE SOUTHWESTERLY, 133.64 FEET ALONG AN ARC OF A 511.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 133.26 FOOT CHORD BEARS S63010'S3"W: THENCE S55"41'21"W, 46.66 FEET; THENCE S52"49'24"W, 53.22 FEET; THENCE NORTHWESTERLY, 72.16 FEET ALONG AN ARC OF A 43.50 FOOT RADiUS CURVE, CONCAVE NORTHEASTERL Y. WHOSE 64.17 FOOT CHORD BEARS N79"39'J4"W; THENCE NORTHWESTERLY, 104.84 FEET ALONG AN ARC OF A 158.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY. WHOSE 104.13 FOOT CHORD BEARS N20"JO'42"W; THENCE NOO"J5'32"E, 34.80 FEET TO SAID POINT OF BEGINNING, CaNT AINING 0.65 ACRE (28.109 SQU ARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AUDITOR'S PARCEL 2005050 COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SECTION 16, TOWNSHIP 79 NORTH. RANGE 6 WEST OF THE 5Ttl P.M.. CITY OF lOW A CITY, 10HNSON COUNTY. lOW A; THENCE NOO()3S'32"E, AJ...ONG 't:HE WEST ..LL.'lE OUTLOT C OF NORTH AIRPORT DEVELOPMENT -- PART TWO. A RESUBDIVISION OF LOTS 1-4 OF NORTH AIRPORT DEVELOPMENT, IOWA CITY, IOWA. ACCORDING TO THE RECORDED PLAT THEREOF. RECORDED IN PLAT BOOK 45, PAGE 91 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER, 407.34 FEET TO THE MOST WESTERLY CORNER OF LOT 4 OF SAfD DEVELOPMENT AND THE POINT OF BEGlNNfNG: THENCE CONTINUfNG NOO"35'J2"E, ALONG THE WEST LINE OF SAlD LOT 4, A DISTANCE OF 577.31 FEET; THENCE N51"23'44"E, ALONG THE NORTHWESTERLY LINE OF SAID LOT 4. .1\. DISTANCE OF 59.53 FEET TO THE MOST NORTHERL Y CORNER OF SAID LOT 4; THENCE SOUTHEASTERLY, 6.52 FEET ALONG AN ARC OF A 409.92 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 6.52 FOOT CHORD BEARS S42002'23'E; THENCE N52049'24"E, 264.02 FEET; THENCE NORTHEASTERLY. 185.71 FEET ALONG AN ARC OF A 28L.65 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERL Y, WHOSE 182.37 FOOT CHORD BEARS N71042'45"E; THENCE S89029'19"E. 551.68 FEET; THENCE N89041'OO"E, 63.22 FEET; THENCE SOoo17'OO"E, 497.71 FEET; THENCE S19c48'53"E, 246.42 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 2 OF SAID NORTH AIRPORT DEVELOPMENT -- PART TWO; THENCE S70('IS'19"W, ALONG THE SOUTHERLY LINE OF LOTS 2, 3 AND 4, A DISTANCE OF 1120.30 FEET; THENCE NORTHWESTERLY, 5.41 FEET ALONG THE SOUTHWESTERLY LJt.J'"E OF SAID LOT 4 AND AN ARC OF A 147.50 FOOT RADIOS CURVE, CONCAVE NORTHEASTERLY, WHOSE 5.41 FOOT CHORD BEARS NI7('.i3'24"W; THENCE N16('40'24"W, ALONG THE SOUTHWESTERLY LINE OF SAID LOT 4, A DISTANCE OF 293.40 FEET TO SAID POINT OF BEGINNING, CONTAINING 21.94 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. EXHIBIT 1 ~ "....~'IU~ '.. 0'... 1U\JIH"~'t """QL.ull1.:M ,,,. 'H~ ......'-,,,"".. '-"'~\!U~.T~lI UI ~r:S~~>~;.,~.t<~':.:,~~~~,:,~~~~'n~;';F~Il~~11r,~~:;.~~~l~hCl~~ PfiEPAREO BY: t.WS CONSULTANTS INC. - 1917 S. GILBERT STREET - IOWA aTY IOWA, 522..0 - 319351-8282 ~~."tol"'C,N<'lli~ h11l1", 'fUln"'ESl <"'Of..r,.. "," ~{'T -, Ilulllll AIlIPORTUUVIiL':\P\lClH. l'~'"'' '-ITY, "'....... "L'C~lIlDllI<f r<'1 TlIlt n,,<llWEI" E,..~ T1!~U()f.lU!roIDW I. I....' r-....'.c ll. l''''c;T l'~ ~l 111l! UC~tll ,Jr nIT IUlNt<)>I l:'OONT1" ICc"'l!U'lt' 1Ue<~"t ,...",......, ....,...',..."" ..."',...~...OC,,,.l'''-~I'. .,.'I.I<1<<."I;...l..<>t....'.lU...........",. ('l'.....JIHlIl/oIIl. rn...ci(~}.Tl"'l.MM(ljjV19.,.."f..\J.u'l<lnU;>lf>llrHI.IHf.Oi'1..JT1 ". H MI) 1\ ,.,r.lnll..~ct ('4' 1::ol.7\n:H. 1<.' Hili ~n:UI CO'"U.Of"1WI,l1.QT l~. TItH'("( Jm'r...~.ri'.nT 1~1~! '~If ,u..}It<l.." ".n.lI'.' """" fUl<1" unl\l~C'f.\'l '-'''''''A~~ H'I".,:oiA.tl'LI''''. ",,,..,,. 1>1.::0- "0Vl' l:n"",J "".\M~ ""'~!"'.'"'. "'''''''~ ".'lITIl"''!!n'tIH. llU, FE!! ..~~I'(J ....~ ......0: <:f" ., '".M ."(I(Jf "ADl1l1 ("I}'.n ~~~~~1~~~f~~11t~~?~~@~y~ ~~=~~';n,';;:i~'::'~~::.i~,..;,IIT;:W.-... SI,O',\M~ "WTJ "'"U ,~ 'UH.".<., l'l' PLAT OF SURVEY -+- AUDITOR'S PARCELS 2005049 AND 2005050 UI is: TO THE CITY OF IOWA CITY JOHNSON COUNTY, IOWA 1 ... ~ ~I I --L I.UIiIl .... 01 I r ..... . . III Ct:1 ' GRAPIIEaulIPIIT I- J''''IOO' ffi a.' ~I , ?~G~;:~;}:A~~1. :::~r~~~ff~ 1:~N~~~1 ~~~~I~~1~~~~~~[t~~~ [rl~~~~~~f~~i'~~g;ig~~~~}~ [~~t~~~ri}~~~~f~~i~~1~~~:~~~i~if:j -L I I I I L _ L -,--- -" I ~6 00' . 69 '19 Pont 01 BegnnIng , AUDITOR'S PARC8.. 2005049 50.0' (AlDr1UfSPARCB.. 20050481 CJ~~:_~-~-~'!"!~~t:~---,,-~" -~=~~Q~;;;;;'; ;;;;!~t~ - ==-_~==- ~==-_~~ - - -'~1'~:;- -- j; /'" SIt'2,'U1SSUI I 53.22' , 1\ \ " y" ,--ifi k-I \1 #'~ :: 1\; 1\ ' 4'" ~", ;1 if '~\ \ \ ~r .~ f ;; I ,$ \ // ..q~' I!I :1 I j 'r>.,> --:. I !D 15 114 i3 I ~I i: ---I ,l<,V '- . " """'" I " : ii t - ~Al CGflHDl, rOlMJ '$~/I" ", " ,Do/ ,. ~ : ~=:t =:: =:O~flC>>l "\' " ,"'.,. "" """..:r.., I I I I :6 ~ """"""""'SS[f ? "\ ' , '1 I nnnh_-'2,O~_'a,i!"',.''''L~."!/~Iy_''JC'!2,'_'_n r- = ~ }=l~o~.E~N'51'2~3...'[O .!\ ~>;::;,;~;-~:-~:::~~~~-~~:~~;;~~-~~,~~-::=:rc -... n.... ..::::,.N:. T r ---\5.o'-;::-til-&-tl()"m-s;;;;-~n;e---- , -- _nnn ___n___ - fASOlO'lT lKS, llI)ttt. PIJRf"OSt NO~~,,'59 53' ... '45.0' STORM S[\'tt:R 1 1 ,... " : ~~s. PUll'OSE NQliD " 2 '6: DR~INACE E:ASOAOH <';0' l) ~ ~\ -~OI.lDCSI(W$ '" In I ,I g ~2:'1 - CUll:'oI: SEOWfHT N\.Il.-wl \ 0 =-:=::",-:::~,:.,;,,::.= i .:i~-". AUDITOR'S ~~RCEL 2005050 "1 / I ~ .; AREA I = 21.94 ACRES ! c.1 / \ ~ :: 1 I!, ):~ 4 c,' . :F ,) :~ ~l -, ~ ''-., '-.:,....... ...... LEGEND AND NOTES 1n 1.1 ~ / / ! ..... / / / .0 ,~ oUTI_cr 3 , :)UTLOT:2 I ~30.00' .torm sew. '" : drlllnGgtI eo..m.,t ~'Jj.,i ,:;-:_,,? I .-;/ 1 .-::~'-~~ :-;// / / / ............ /.' Point 01 BegInnilg : ", / (ALOIl'Ofl'SPAIlCEL _II '-------- -, ~~:~ \ ~ , !" , '" \ 81 \zl ~:>-- ::>/ SOUTH 1/4 CQRN:R \ : ~ ... OdTi OT 4 J :-';>..,-::..-:. - .-_' -- /"...- ,// SOUTHEAST CORNER SECT1QN 16-T7gN-R6W 'IN rF ' .-;:.; ___ /..- SEC110N 16-T79N-~6W ~/~~c~~~ ~iu ------------..., f\ ~~6'~~1. \~, ::~:>_/.- __ -- _/ ..--.- ~K~~N5;~>:I~~Y 800K J5 AT PAGE 236 ............ ~\ eO'!; ", ,,-:-':.'" /'__ ___ ._/ BOOK 35 AT :)AGE 250 ----------------~~,:,~-- '~~~--- ;C" ~. .~~.~~-.~/---~.::~------'90.000~:om;-----+ $w:=..~~a~~=- ~ '..;-.-::~_./ ~1W: DELTA RAtlIUS ctQD ................tt........... 30.0' --::~",- .-::-:----",. ~ --.::",..-::::.",.::--""," ......"'-"'_lIllb....... PROPRIETOR: em OF lOWA CtTY SURV~Y REQUESTED BY, JOStfH K. AVI'~NHO~'~' DATE OF SUnVllYo MAY 5 2005 c:J C< co co C1 o GUll.. ..... u. Ifr.... __ .1_ .. 0-.-.. ~1. JlI_. '" ... " .. I o o '" ShMtTltle: MMS CONSULTANTS, INC. Iowa CIy, Iowa (319) 3SH282 <> O\1l ENGINEERS <> lAND SUR'VtYORS <> " <> lANDSC~E :=T~~~~ ~ANNERS <> ~ PLAT OF SURVEY [I AUDITOR'S PARCEL 2005049 AND 2005050 M ....jKt.....A PORTION or THE S1I 1/4 SE 1/4 or SEC. 16 'I79N-R6W OF THE 5TH P.IL. IOWA CITY. JOHNSON COUNTY. IOllA . G;\54OC\~74OOB\!.474OOtlo..... !tI'O/200~ "~IUO A/Il COT U.S. DEPARTMENT OF HOMELAND SECURITY ELEVATION CERTIFICATE 'Federal Emergency Management Agency National Flood Insurance Program Important: Read the instructions on pages 1-8. OMS No. 1660-0008 Exoires Februarv 28. 2009 SECTION A. PROPERTY INFORMATION For Insurance Company Use: A 1. Building Owner's Name Wal-Mart Stores, Inc. Policy Number A2. Building Street Address (including Apt.. Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Company NAfC Number 621 Westport Drive CIty Iowa CIty State fA ZIP Code 52246 A3. Property Description (Lot and Block Numbers, Tax Parcel Number, Legal Description, etc.) Part of NW Otr. of the SE Otr. & part of the SW Otr. of the NE Otr. in Section 11, Township 83N, Range 24W of 5"' PM. A4. 8uilding Use (e.g., Residential, Non-Residential, Addition, Accessory, etc.) Commercial AS. Latitude/Longitude: Lat. 41-38 Long. 91-32 Horizontal Datum: ~ NAD 1927 0 NAD 1983 A6. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood Insurance. A7. Building Diagram Number 1 A8. For a building with a crawl space or enclosure(s}, provide A9. For a building with an attached garage, provide: a} Square footage of crawl space or enclosure(s) sq ft a} Square footage of attached garage sq ft b) No. of permanent flood openings in the crawl space or b) No. of permanent flood openings in the attached garage enclosure(s} walls within 1.0 foot above adjacent grade walls within 1.0 foot above adjacent grade _ c) Total net area offlood openings in A8.b sq in c) Total net area of flood openings in A9.b sq in SECTION B" FLOOD INSURANCE RATE MAP (FIRM) INFORMATION 81. NFIP Community Name & Community Number City of Iowa City 82. County Name Johnson 83. State Iowa 84. Map/Panel Number 85. Suffix 86. FIRM Index 87. FIRM Panel B8. Flood B9. Base Flood Elevation(s} (Zone Date EffectivelRevised Date Zone(s) AO, use base flood depth} 19103COO90 0 8/2012002 8/20/2002 AE 655 19103C0130 B10. Indicate the source of the Base Flood Elevation (8FE) data or base flood depth entered in Item 89. o FIS Profile ~ FIRM 0 Community Determined 0 Other (Describe) _ 611. Indicate elevation datum used for BFE in Item 69: 181 NGVD 1929 0 NAVD 1988 0 Other (Describe) _ 812. Is the building located in a Coastal8arrier Resources System (CBRS) area or Otherwise Protected Area (OPA)? DYes ~No Designation Date _ 0 CBRS DOPA SECTION C - BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) C 1. Building elevations are based on: ~ Construction Drawings. 0 8uilding Under Construction" 0 Finished Construction "A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations - Zones A 1-A30, AE, AH, A (with 8FE). VE, V1-V30, V (with BFE), AR, ARIA, ARlAE, ARIA 1-A30, ARlAH, ARlAO. Complete Items C2.a-g below according to the building diagram specified in Item A7. Benchmark Utilized Vertical Datum Conversion/Comments Check the measurement used. a) Top of bottom floor (including basement, crawl space, or enclosure floor>. -2Q.L.~ 18I feet o meters (Puerto Rico only) b) Top ofthe next higher floor -- o feet o meters (Puerto Rico only) c) Bottom of the lowest horizontal structural member \II Zones only) -- ofeet o meters (Puerto Rico only) d) Attached garage (top of slab) -- o feet o meters (Puerto Rico only) e) Lowest elevation of machinery or equipment servicing the building -- ~ feet o meters (Puerto Rico only) (Describe type of equipment in Comments) f) Lowest adjacent (finished) grade (LAG) ~.11- 18I feet o meters (Puerto Rico only) g) Highest adjacent (finished) grade (HAG) -2Q.L .QQ...... 121 feet o meters (Puerto Rico only) H GIL8ERT STREET State IA ZIP Code 52240 SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor, engineer, or architect authorized by law to certify elevation information. I certify that the information on this Certificate represents my best efforts to interpret the data available. I understand that any false statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001. o Check here if comments are provided on back of form. Certifier's Name : CHRISTOPHER M. STEPHAN license Number: IOWA #7059 Title : PROJECT ENGINEER Company Name : MMS CONSULTANTS, INC. Telephone 319-351-8282 See reverse side for continuation. Replaces all previous editions EXHIBIT 3 M M ~ n <: p rn Z Cl Z rn rn ~ r- ;I> Z " Vi c: ;:0 < rn -< o ~ ~ " "tl r- ;Z Z m ;:0 Vi r- > Z " ~ ;I> "tl rn > ~ ::x: ;;j !:1 Vi MMS, CONSULTANTS" INC. I IOWA CITY IOWA OfFICE: 319-351-8282 CEDAR RAPIDS (OW A OFFICE: 319-841-5188 NO RISE CERTIFICATE FOR THE WAL-MART SUPERCENTER DEVELOPMENT AT THE SOUTHEAST QUADRANT OF WESTPORT DRIVE AND RUPPERT ROAD IN IOWA CITY, JOHNSON COUNTY I hereby certify that there will be no rise in the floodplain elevation as a result of the Wal-Mart development as shown on the plans prepared by Arc Design Resources, Inc. and MMS Consultants. This certification is based on the following facts: - There will be additional storage and flowable area provided to the floodplain as a result of this project. - There is no encroachment of buildings or structures into the floodplain. ~ / Co -- MA Y- CCo ~ Date s: m z ~ Vi "tl m n ~ ~ 1917 SOUTH GILBERT STREET - IOWA CITY -IOWA 52240 WEBSITE: WWW.MMSCONSULTANTS.NET EMAIL: MMS@MMSCONSULTANTS.NET EXHIBIT 4 EXHIBIT 5 () ::J 0-<: o ::;;:"11 sa ......"~ t-'. )> () q ..-< N o Z m X "'. ..... N o Z m X 0-. 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I i I I ~. ~ ~ Ii ~i [!L1 ai ~ I h @] : ~ r.l ~ i~ ~'I ~ II II G t~ [!J @] ..l.!.J @' ~ L.!.J , I ZllE~11W :ii:::;:~ I 5 I: 5! ~ ~ I flill j~!' g ~ x:7 . ; _., ~! III,l _ Z ~ ~ .~ N;II :j:: I i EXHIBIT I~ . .~ EXHIBIT 13 MINUTES IOWA CITY BOARD OF ADJUSTMENT MAY 10, 2006 EMMA J. HARVAT HALL -IOWA CITY, CITY HALL PRELIMINARY MEMBERS PRESENT: Carol Alexander, Karen Leigh, Michelle Shelangouski, Ned Wood, Michael Wright. STAFF PRESENT: Sarah Walz, Sarah Holecek OTHERS PRESENT: Jason Hilsman, Dick Brown, Robert Crane, Sandra Rasles, Mary Lou Gay, Ed Morgan, Mary Lee Dixon, Nestor Lobodiak CALL TO ORDER: Chairperson Leigh called the meeting to order at 5:00 PM. CONSIDERATION OF THE APRIL 13.2006 MINUTES MOTION: Shelangouski moved to approve the April 13, 2006 minutes as submitted. Wright seconded the motion. Motion passed 5:0. SPECIAL EXCEPTIONS: EXC06-00008: Discussion of an application submitted by Ace Auto Recyclers for a special exception to permit a salvage yard for property located in the proposed Heavy Industrial (1-2) zone east of South Riverside Drive. Walz said that in 1974, at the request of the property owners at that time, the City annexed this property as part of an approximately 45-acre annexation. The westerly 300 feet of the annexation area, including a portion of the applicant's property was zoned light industrial (M-1) and the easterly 591 feet of the annexation area was zone Heavy Industrial (M-2). She noted that this and other adjacent properties were rezoned to 11 as part of a citywide rezoning in 1983. Walz stated that at the time that this area was annexed, and before any salvage yard was allowed in this area, the owners of what are now the Ace salvage yard and the adjacent salvage yard to the north (Russell) entered into a Conditional Zoning Agreements (CZA) specifying conditions that would be required to allow the operation of a salvage yard. She noted the intent and the requirements of the CZA were to ensure that: 1. The salvage yard would be located at least 300 feet east of Old Highway 218 (Riverside Drive); 2. There would be a berm and landscaping to screen views of the property from the highway and the Iowa River; 3. the auto recycling operation would consist of only temporary storage of automobiles awaiting crushing and crushed automobiles and equipment related to the crushing operation; and 4. The area used for automobile salvage would not exceed 5 acres. She stated that the CZA was recorded as a covenant running with the land so that it applied to the owners who agreed to it as well as future owners. Neither the previous property owners nor the current applicant has adhered to the conditions of the CZA. Walz said the salvage yards (Russell and Ace) were expanded beyond the 5-acre areas agreed to by the City and the property owners, and the Ace site now covers approximately 10 acres. She added that the berms and landscaping were not put in place or have been removed. Walz said that Russell Salvage Yard is not part of this application and remains in violation of the zoning agreements. Walz said that in May 2005 the current operator, Ace Auto Recyclers, requested a rezoning of his property from General Industrial (11) to Heavy Industrial (12) to allow expansion of the salvage yard. The applicant wished to build new buildings for office and warehouse space. She noted that this request was deferred indefinitely by the Planning and Zoning Commission in order to allow the applicant to address the above zoning violations, including the location of the salvage operation within 300 feet of Old Highway Iowa City Board of Adjustment Minutes May 10, 2006 Page 2 218, the absence of landscape screening and vegetation around the salvage operation, and a limit on the size of the operation to 5 acres. Since the 2005 rezoning request, Walz said, the applicant has removed the salvage materials from property located within 300 feet of the right-of-way of S. Riverside Drive. Walz stated that as part of the rezoning request, the applicant has proposed a number of improvements to the property including a plan for landscape screening and fencing that are intended to bring the property into general compliance with the original conditional zoning restrictions on the property as well as requirements of the current Zoning Code. She added that at its April 20 meeting the Planning and Zoning Commission recommended a rezoning from 11 to 12 for the 11.36 acres now under consideration for a special exception, subject to the installation of landscape and fence improvements as specified in the site plan. She noted that the City Council will consider the rezoning to 12 at its May 23 meeting. Any approval for this special exception is subject to Council's approval of the rezoning the property to i2. Walz said that approximately one half of the proposed salvage yard property falls within the 100-year flood plain, and the presence of a blue line on the USGS topographic map for this property indicates a stream corridor/drainage way on a small portion the north eastern corner of the property. She said the drainage way, which feeds into Willow Creek, is subject to the Sensitive Areas Ordinance and an access easement. She said the applicant is now requesting a special exception to legitimize the existing salvage yard and to allow for expansion of the salvage yard for the 11.36 acres. The applicant is also proposing to build an office and parts warehouse on the adjacent property within the existing 11 zone, however, that portion of the property is not part of the special exception under consideration. 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 14-4B-4C-5 Special Exception Review Requirements for Salvage Operations in the Heavy Industrial (12) zone and the general standards for special exceptions as set forth in Section14-4B-3. Specific Standards: Walz said that the proposed use must be located at least 1,000 feet from any residentially zoned property. The property zoned industrial on east side of Riverside Drive is at the edge of Iowa City Corporate limits. The property located to the west of the road is zoned agricultural by the County. In addition, she stated that salvage operations are required to completely enclose all storage and work areas with a fence built to the S5 standard, and salvage materials may not be piled against the fence or piled higher than the fence. She noted that the applicant has provided a site plan showing that the entire salvage yard surrounded by an 8-foot high, solid wood fence on all four sides. The presence of a blue line on the USGS topographic map for this property indicates a stream corridor/drainage way on a small portion the north eastern corner of the property require a.15-foot buffer. Walz said that the site plan also shows the required 15-foot firebreak on all sides of the property inside the fence. She said the applicant has not addressed how the firebreak will be maintained. Walz said the standards for salvage yards also require that all combustible waste be stored no closer than 100 feet from any property line unless enclosed in a masonry building of not less than 4-hour, fire resistive construction. The applicant has indicated that no combustible material of this type will be stored on the property. In considering the general standards required of all special exceptions, Walz said the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. She said that salvage yards are permitted in the 12 zone by special exception. In addition to the 8-foot high fence surrounding the salvage yard, the applicant's site plan proposes evergreen trees along the west and southwest portions of the property, where the property is visible from South Riverside Drive. The location of the salvage yard, set more than 300 feet east of S. Riverside Drive, along with the 8-foot solid fence and landscape screening will conceal the salvage operation and its outdoor storage from public view and buffer neighboring properties from the noise and dust that are associated with this use. Iowa City Board of Adjustment Minutes May 10, 2006 Page 3 Walz said that salvage yards pose an environmental risk due to the chemicals that remain on the cars even after they have been drained of fuel and fluids. For this reason salvage yards containing more than 250 cars are required to obtain a storm water permit from the Iowa Department of Natural Resources. Walz stated that because a portion of the salvage site falls within the 100-year flood zone there are potentially risks for water contamination. In Staffs view it is imperative that the applicant bring all DNR permits up to date to account for the location and expansion of the salvage yard. In addition, the drainage way, which feeds into Willow Creek, is subject to an access easement requiring that access to the drainage way be unobstructed. Staff recommends that fence proposed by the applicant should be constructed so as not to enclose the drainage way. She added that because waste tires are a significant breeding habitat for mosquitoes that carry West Nile and other serious viruses, open air storage of tires can pose a public health concern. The Iowa DNR recommends that tires stored outdoors be covered with a tarp and limits the number of waste tires stored indoors or outdoors to 500 before a permit is required. Walz said the applicant has indicated that on average he stores 250 re-saleable ties and an additional 200 waste tires on the site and that waste tires are picked up for recycling on a bi-weekly basis. In addition, it is illegal to bury or burn waste tires. Restricting the number of number of waste tires stored on the site and manner in which tires are stored will minimize the potential health issues. 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. Walz said the majority of the salvage yard will be set back more than the required 300 feet from Riverside Drive. In addition, she said that the proposed 8-foot high fencing surrounding the salvage yard and evergreen tree screening along the west and southwest portions of the property, where the property is visible from South Riverside Drive, will help to conceal the salvage operation and its outdoor storage from public view and buffer neighboring properties from the noise and dust that are associated with this use. Properties to the north and south are zoned General Industrial (11).To the east property is public land, a former landfill, which is closed to the public due to environmental concerns. Neighbors to the west include Bekins Moving and Warehouse Company, the Johnson County Fair Grounds and agricultural land. In Staffs view the improvements proposed by the applicant for landscape screening and fencing will mitigate the negative effects associated with the salvage yard operation. 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. Walz said the expansion of the salvage operation in keeping with the proposed site plan will bring the property into compliance with the original conditional zoning restrictions on the property as well as the requirements of the current Zoning Code. In Staffs view the applicant will create a more attractive situation for future development on surrounding property by setting the salvage yard back 300 feet from S. Riverside Drive and by providing the fence and screen improvements proposed in the site plan. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Walz noted the applicant will pave the entryway from Riverside Drive up to the gravel access easement that runs parallel to the railroad in front of the property. This area of the city is not served by City sewer or water, however due the remote location of the site and the limited intensity of the use, a private system is acceptable. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. The applicant will pave the entryway from Riverside Drive up to the gravel access easement that runs parallel to the railroad in front of the property. 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. Walz said the 12 zone requires that all outdoor storage areas located on a along a side or rear lot line that does not abut a public right-of-way must be screened from view of the adjacent property to at least the S3 standard. She added that the code specifies that "if a fence is built around the storage area, the required screening must be located between the fence and the adjacent property." She said that this requires the applicant to install additional landscape screening to the S3 standard along the south, east, and northern boundaries of the property. Iowa City Board of Adjustment Minutes May 10, 2006 Page 4 In addition, Walz said, the 1974 Conditional Zoning Agreement for the original salvage yard required similar screening on the east side of the salvage yard-screening, screening which was never installed. The properties abutting the site on the north, another salvage yard, and vacant land to the south are zoned 11, to the east the property is former landfill. She said the future land use scenario in the South Central District Plan shows this as public/private open space, but at this time the area is not open to the public due to environmental concerns associated with the former landfill. In Staff's view, the established vegetation and the general inaccessibility to the salvage yard on its north and east boundary seem provide the same function as the required screening. However, neither Staff nor the Board of Adjustment has the authority to alter this requirement. The applicant may apply for an amendment to the Zoning Code, to waive the requirement for this additional the S3 screening along the south, east, and northern boundaries of the property. She said that the presence of a blue line on the USGS topographic map for this property indicates a stream corridor/drainage way on a small portion the north eastern corner of the property. According to the Sensitive Areas Ordinance, stream corridors require a 15-foot buffer from development. The proposed use will be consistent with the Comprehensive Plan, as amended. Walz said the South Central District Plan acknowledges conflicts in this area between industrial/commercial and residential uses. A mobile home park is located approximately 1700 feet to the northeast of the site. The long-term land use scenario for the area is to phase out residential uses within the flood zone. She added that the District Plan recommends that industrial and commercial business be allowed to operate in a reasonable manner within areas zoned for those uses, and specifies that "industrial zoning is most suitable for those properties with direct access to the railway and Riverside Drive. Walz said the District Plan also recognizes Riverside Drive as an entranceway to Iowa City. Because of its high visibility, the Plan encourages aesthetic improvements along this corridor and calls for special efforts to provide effective screening along Riverside Drive where salvage yards are visible from the public right-of-way. Expansion of existing salvage operations may be considered if effective screening of the salvage yard is provided. In staff's view a salvage yard is a service that may be necessary to serve the community. However because of the negative effects on adjacent properties and the general character of an area, such operations need to be strictly controlled. She said the existing salvage yard in this location has been operating for a number of years in non-compliance with zoning requirements. The applicant wishes to receive a building permit to construct an office building/parts warehouse and a tear-down building where vehicles would be disassembled as part of the salvage operation. Walz stated that the building permit will not be issued as long as the property is in non-compliance with the Zoning Code. The applicant has agreed to a Conditional Zoning Agreement for the rezoning of 11.36 acres to 12, which allows establishment of salvage yards by special exception. The special exception and CZA will allow the City and applicant to work together to bring this property into compliance with the zoning code. If approved the existing salvage operation will be allowed to expand form approximately 10 acres to 11.36 acres. She said that prior to this expansion a solid wall at east a feet in height will be built around the entire salvage operation. The wall will be supplemented with evergreens trees on the west and south side to. provide better long-term screening from S. Riverside Drive. She said the salvage yard will be moved at least 15 feet away from the stream corridor and compliance with DNR requirements will be demonstrated. Staff recommends that EXC06-0000a, an application for a special exception for property in the proposed Heavy Industrial (12) zone east of South Riverside Drive to permit a salvage yard, be approved subject to the following conditions: 1. City Council approval of the 12 zoning; 2. The applicant must apply for a building permit in order to establish the salvage use. Prior to issuance of the building permit, the applicant must: 3. Install all landscape and screening improvements as specified in the approved site plan except for those adjacent to the proposed building in the 11 zone. The spruce trees on the west and south side of the Iowa City Board of Adjustment Minutes May 10, 2006 Page 5 fence shall be planted in a staggered pattern, 20 feet on center. They shall be a minimum of 2" in caliper at the time of planting unless an alternative is approved by the City Forester. The area designated by the blue line stream must remain outside the fenced area of the site and a 15-foot buffer must be left between the fence and the blue line drainage way. Prior to issuance of an occupancy permit for the new building, all other required landscaping, as indicated in the site plan, must be installed; 4. Provide a maintenance plan for keeping the required 15-foot firebreak clear of trees and shrubs; 5. Bring all DNR permits related to the salvage and auto parts operation and storm water permits up-to-date and have such permits filed with the City. After establishing the salvage use, the continuation of the use is subject to the following conditions: 6. No salvage (cars or parts) may be stored outdoors on any portion of the applicant's property outside of the fenced area; 7. Outdoor storage of tires (whole or partial) is limited to no more than 600 tires and all tires must be covered by a tarp to prevent mosquito habitat. Tires may not be stored within 100 feet of a property line; 8. Vehicles must be crushed and removed from the site on a regular basis. Alexander asked how a property with such a long history of noncompliance managed to function for so many years. Walz said there were some enforcement actions taken, and the case went to court. Alexander asked how will the conditions established if the motion is approved be monitored. Holecek said that if not in compliance they could be cited with a municipal infraction, and the property needs to be brought into compliance. She said that many actions are taken based on complains. Alexander said that she infers that it will be unlikely to have the property in non-compliance again. Wright asked what is the roughly distance between the east wall of the salvage yard and the river. Walz said that she does not know the exact answer, but she walked the parameter of the site around the river and is nearly impossible to see the salvage yard from the river. She added that area along the river is closed to the public. PUBLIC HEARING OPENED Hilsman said they have been working with staff for a year. He added they cleaned the site and try to make changes towards better. He said they work with the Police, Fire Department, and City Streets Department. He said they run a good business and do not try to make anyone mad. Wright asked when the last flood on the property was. Hilsmen said the last big flood was in 1993 but the water did not make it to the property. He said the river is about 3/4 mile away from the salvage yard. Shelangouski asked what is the plan for access to the 15 foot fire fighting access. Walz said the plan needs to be reviewed and signed by the fire department. She added that the dashed line on the site plan is the 15 foot firefighting access and should be continuous around the parameter of the property. Shelangouski asked if there are two driveways on the property. Helsmen said there is currently one driveway and two are proposed. PUBLIC HEARING CLOSED Alexander said this will be an improvement to the current situation. Wood said there are problems with the current situation of the property but good resolutions are proposed to improve the situation. MOTION: Alexander moved that EXC06-00008, an application for a special exception for property in the proposed Heavy Industrial (12) zone east of South Riverside Drive to permit a salvage yard, be approved subject to the following conditions: 1. City Council approval of the 12 zoning; Iowa City Board of Adjustment Minutes May 10, 2006 Page 6 2. The applicant must apply for a building permit in order to establish the salvage use. Prior to issuance of the building permit, the applicant must: 3. Install all landscape and screening improvements as specified in the approved site plan except for those adjacent to the proposed building in the 11 zone. The spruce trees on the west and south side of the fence shall be planted in a staggered pattern 20 feet on center. They shall be a minimum of 2" in caliper at time of planting unless an alternative is approved by the City Forester. The area designated by the blue line stream must remain outside the fenced area of the site and a fifteen foot buffer must be left between the fence and the blue line drainage way. Prior to issuance of an occupancy permit for the new building, all other required landscaping, as indicated in the site plan, must be installed; 4. Provide a maintenance plan for keeping the required 15-foot firebreak clear of trees and shrubs; 5. Bring all DNR permits related to the salvage and auto parts operation and storm water permits up-to-date and have such permits filed with the City. After establishing the salvage use, the continuation of the use is subject to the following conditions: 6. No salvage (cars or parts) may be stored outdoors on any portion of the applicant's property outside of the fenced area; 7. Outdoor storage of tires (whole or partial) is limited to no more than 600 tires and all tires must be covered by a tarp to prevent mosquito habitat. Tires may not be stored within 100 feet of a property line; 8. Vehicles must be crushed and removed from the site on a regular basis. Wood seconded the motion. AMENDMENT: Leigh amended condition number 6 to read no salvage (including tires, cars or parts) may be stored outdoors on any portion of the applicant's property outside of the fenced area. Wood seconded the amendment. Wright said that salvage yards are needed. She said that it appears to meet all specific standards. He said the property is located at least 1,000 feet from any residentially zoned property and will be enclosed with a fence. He added that it will not be detrimental to or endanger the public health, safety, comfort or general welfare. He said there are certain hazards associated with salvage yards, but if all DNR permits are approved and the tires will be properly stored and managed they will meet this general standard as much as possible. He said that it will not be injurious to the properties in immediate vicinity. He said that the property will not be particular visible from Riverside Drive. He added that all surrounding properties are zoned general industrial, and that will mitigate any effect on other properties. He noted this will be an improvement to the property. He said that adequate utilities are in place. He added that outdoor storage requirement, landscape and screening seem to be met. He said this is consistent with the Comprehensive Plan of the city. He said is a fairly reasonable use for the industrial zone. Wright said he will vote in favor of the application. Alexander said this will be an improvement for the property. She will vote in favor for the reasons already stated. Shelangouski will vote in favor for the reasons already stated. Wood will vote in favor for the reasons already stated. Leigh will vote in favor for the reasons already stated. The amended motion passed 5:0 Iowa City Board of Adjustment Minutes May 10, 2006 Page 7 EXC06-00003: Reconsideration of an application submitted by First Presbyterian Church for a special exception to permit installation of a columbarium, a structure containing niches for storage of cremated remains, for use by the church members for property located in the Low Density Single-Family Residential (RS- 5) zone at 2701 Rochester Avenue. Walz said that in 2004, the First Presbyterian Church applied for and was granted a special exception to allow the construction of a columbarium on church property. Walz said the special exception was opposed by owners of neighboring residential properties. The neighbors challenged Staffs interpretation that columbaria were an acceptable accessory use for religious facilities in the RS-5 zone. The neighbors contended that because the Zoning Ordinance specifically required RM-12 zoning for cemeteries and mausoleums, and because the Zoning Code did not address columbaria specifically, it was therefore beyond the jurisdiction of the Board of Adjustment to grant the special exception. She added that a law suit challenging the special exception is pending. Walz stated the Iowa City Zoning Ordinance was updated in December 2005. The new code includes a new chapter that describes all land use categories (14-4A). She said the chapter provides descriptions of various principal uses associated with each land use category as well as the accessory uses associated with each principal use. Columbaria are listed as an accessory use (by special exception) for religious facilities. While the prior special exception is due to be challenged in district court, the church has chosen to avoid the delay of a trial and has reapplied for a special exception under the provisions of the new Zoning Ordinance. Walz said the applicant is now requesting a special exception to allow the construction of a 96-niche columbarium, which will allow storage for 192 urns. She said that columbarium is "a structure of vaults lined with recesses for cinerary urns." Walz said the zoning code defines a religious institution as an organization having a religious purpose, which has been granted a Federal tax exemption as a section 501 (c)(3) organization under the Internal Revenue Code. The columbarium is intended for use by members of the First Presbyterian Church and, as such, is a facility related to the use of the church. Walz said 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. She said the Board may grant the requested special exception if the requested action is found to be in accordance with the regulations found in Section 14-4B-4D-14, pertaining to religious institutions in the RS-5 zone, and the general standards for special exceptions as set forth in Section14-4B-3. Specific Standards require that religious institutions have access to a collector or an arterial street and specify minimum front and side setbacks of 20 feet and a minimum rear setback of 50 feet. Walz said the existing church with the proposed columbarium will meet or exceed all of these requirements. Walz said the standards also indicate that proposed religious use should be designed to compatible to adjacent uses. She said the proposed columbarium is located away from direct view from residential properties and is small in comparison to the church building; it measures 5 feet high and has a diameter of 7-10 feet. In addition to the wide setback, existing trees and shrubs provide screening along Rochester Avenue. She noted that the church anticipates no significant increase in traffic and therefore proposes no additional parking to accommodate the columbarium. Because of its proposed location, size, and anticipated use, in Staffs view, the columbarium will have no significant adverse affects of the livabilitY of nearby residential uses due to noise, glare from lights, late-night operations, odors, or litter. General Standards: The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. Walz said there is an existing church on this property. In Staffs view the expansion of this religious institution to include a columbarium will have no foreseeable effect on public health, safety, comfort or welfare. She said the proposed columbarium is relatively small in scale (5 feet high and a radius of 7-10 feet) when compared to the existing church building. The columbarium will be located at least 50 feet away from Rochester Avenue and will not be highly visible from adjacent residential properties. Although the columbarium may generate occasional visitors, Walz said that the traffic associated with its presence is not expected to increase significantly Iowa City Board of Adjustment Minutes May 10, 2006 Page 8 from traffic already generated by the existing church services. She said the church has indicated that the proposed columbarium will not change the intensity of use of the property by its members and does not anticipate any need for additional parking. 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. Walz said the columbarium will not be highly visible from the street or neighboring properties. She added that the church property and the proposed location for the columbarium are screened by established trees and bushes along Rochester Avenue, and the front setback is more than the required 20-foot minimum setback. Traffic generated by the columbarium should not exceed the type of traffic that is generated for memorial or funeral services, which are already a part of church's function. Walz said the applicant has provided information on property values of homes located next to cemeteries and supporting statements from other churches that have established columbaria. Walz stated that even though cemeteries are more intense uses than columbarium, the information submitted by the applicant indicates that the presence of a cemetery in a residential neighborhood in the Iowa City area has not had a diminishing affect on property values. 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. Walz said the surrounding residential properties are already fully developed. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. She said that adequate utilities, access and drainage are in place to serve the existing church on this property. The columbarium will not increase demand on these facilities. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. The Church has two driveways onto Mt. Vernon Drive and one onto Rochester Avenue. Walz said the proposed columbarium would be located to the west of the driveway onto Rochester Avenue. As noted traffic associated with the columbarium should be negligible. 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. Walz said the proposed addition complies with the dimensional requirements for religious institutions in the RS-5 zone. Minimum 20-foot front and side setbacks and the 50-foot rear setback are met or exceeded by both the church building and the proposed columbarium. The proposed use will be consistent with the short-range Comprehensive Plan of the City. Walz stated the Northeast District Plan, a component of the Comprehensive Plan, identifies this area as appropriate for institutional uses, which would include religious institutions. Staff recommends that EXC06-00003, an application for a special exception to allow a columbarium addition to a religious institution in the Low-Density Single- Family zone at 2701 Rochester Avenue be approved, subject to general compliance with the plans submitted with the application. Wright asked what the standard of "substantial diminution" is. Holecek said that it is up to the Board to decide whether evidences presented would lead to conclude that properties in the area could be substantially diminished by the inclusion of the proposed special exception. She added that there is no exact definition, but the focus should be on the words "substantial" and "diminish", not necessarily not growing at the same rate as other properties. PUBLIC HEARING OPENED Brown, 2905 Saddle Club Road, NE, said that there are some people in the audience that will talk about diminished property values and the landscape around the columbarium. Crane said that he is a long time broker, appraisal and property manager in Iowa City. He said that he Iowa City Board of Adjustment Minutes May 10, 2006 Page 9 has been in business for 36 years. He said that, in his opinion, it is hard to measure the effect produced by a columbarium since there are no before and after evidence in market sales for this community. He said that the measurement is reduced to legal measurements of compensations. He added that there are federal guidelines on this issue. The state of Iowa falls in line with these federal rules on the compensation if there were a before and after situation. This was more of an image thing. Crane said the zoning is proper, in his opinion. The church has been in place for a long time, and does not believe that properties as far away as they are from the site will be influenced by the proposed columbaria. He said that the proximity to the columbaria does not even have to be included in the disclosure statement when properties are sold. Crane said that, in his opinion, the columbarium does not have the offensive, negative quality that will affect most buyers. Rasles said she has been a real estate broker for 26 years. She said that she had never heard of a columbarium before hearing from Mr. Brown. The columbarium as seen in the brochure is striking in the simplicity of its structure, with its granite it would appear to be complimentary to the building of a church. She said that she doubted that anyone would recognize what the columbarium was. She said that there are a few residential lots adjacent to cemeteries. She said that these properties are priced as any other properties for the same square footage and features. She said the columbarium will not be visible to neighboring properties. She was surprised to hear that anyone would think that this would diminish property values. She added that swing sets in the back yard of a property might have more diminishing values than a columbarium would. Brown, handed a new letter received from a realtor. LObodiak, 229 Green Mountain Drive, objected to presentation of new letter because it was not filed with the city clerk or given to opponents prior to hearing. Holecek indicated that it would be a part of the public record. Gav said that the landscaping plan for the columbarium is to surround it with evergreens so that is not visible from the street. She said that bricks will be layered in a circular fashion and little benches will be installed. She said that the landscape is very simple with the goal of screening the columbarium so that it is not visible anywhere but from the church. Brown said no other neighbors have complained about the columbarium.' They had a neighborhood meeting where 2 or 3 other neighbors attended but there were no complaints. Moraan, the pastor of the church, said that the church is a good neighbor and wants to be a good neighbor. He said they try to be respectful of the neighborhood in all their activities. He said their whole approach is to be a neighborhood church. Morgan said the columbarium is limited in scope, administered only to people in the congregation. He said they have two families waiting for the columbarium to be installed. He said that churches and cemeteries are great quiet neighbors to live with and churches are great neighbors because there are no parties at night. The church does not plan to expand this greatly on the property. Dixon, 241Green Mountain Drive, said that she has been a realtor for 25 years. She said that previously Mr. Brown had submitted sales information on a number of properties located on Catskill Court, which back up on a cemetery. She said these figures show most properties went up in value when looking over time. She said Mr. Brown's methodology was not correct and unreliable. She said that in standard real estate practice you must compare the sale price of subject properties adjacent to cemeteries to similar properties not adjacent to cemeteries in order to determine the effect, if any, that a cemetery has on the value. Dixon said she calculated the percent of increase in the sale price per year in the several of the Catskill properties and compared them with sell prices of similar properties in other locations in the city. 2502, 2512, 2514, 2552, and 2554 Catskill, all split-foyer style zero lot line condos near cemeteries went up in value per year 3.3%, 4.8%, 4.5%, 2.6% and 3.1 %. She added that similar split foyer style zero lot line condos located at 707 Jama Court and 1741and 1755 Grinn Drive increased in value per year 5.2%, 7.1 % and7.8%. She added that the property at 2582 Catskill, a 2-story style condo unit increased in value 0.5% per year. She said a similar property at 1621 Grinn increased in value by 19.5% per year. She said she concluded that the cemetery has a negative impact on property values based on the information presented. Iowa City Board of Adjustment Minutes May 10, 2006 Page 10 Dixon said that the letter from a West Des Moines law firm mentions three properties that have sold in the vicinity of the church/columbarium. She said that she spoke with a realtor colleague in Des Moines about these properties. She said that none of the properties mentioned in the letter are adjacent to the church. One is a block away and the other are across the street a block away. She said that he described the columbarium as very plain brick, quite innocent looking, which looked more like a wall than like a monument. She added that in walking by one would not easily be aware of it. She said that only one neighboring property could possibly see the very end of it. Again Brown's comparison is incorrect. She read from a statement from a speech given the senior minister of State for Law in Singapore in 2005. That statement indicated that land owners in Singapore benefit from enhanced property value from certain land uses, such as MRT stations or giant retail centers, or up-zoning, but that others may suffer if a columbarium is located nearby. Alexander questioned whether a difference in price between east and west sides of Iowa City. She said she was aware of a difference in housing prices on the east and west sides. She wondered whether there might be other factors besides the location close to the cemetery that might influence the property values. Dixon indicated that it depends on the buyer and their individual preferences-beauty is in the eye of the beholder. Alexander asked whether there were averages for one side of the town versus the other or if Dixon would counsel a client that prices were higher on one side of town. Dixon said not necessarily and that she found the differences in her comparison striking. Alexander clarified that she did not feel that a columbarium and a cemetery were the same thing. Dixon said she could agree to a certain extent, but that she supplied a further comparison to show that the information that Brown presented does not support the issue of non-diminishment of values. Lobodiak 229 Green Mountain Drive. He said that Mr. Crane is correct in saying that the proper measure of damages is going to be burden before and after. He said you have to look at comparable properties that are not burdened and properties that are burdened and subtract the difference and come up with federal severance damages. This is a case of first impression-no other comparisons. That does not mean that it is not rational. Lobodiak said that Alexander and Wright had looked at the West Des Moines letter as proof that property values are not affected by columbarium. He said that the letter only mentions that the three properties have gone up in value, but the letter does not compare like properties-before and after. That does not mean that values have not been impaired. Lobodiak said that the church has to bring evidence that it will either not substantially diminish or will not impair property values. He said it is an alternative to show one or another, and the evidence presented does not adequately support that columbarium will not affect properties in the area. They have not presented adequate evidence to find that it will not impair values. He said that there is no evidence to support their claim that there will be no impairment in the value of properties. He said that some people may find the columbarium attractive, but others will not. Some people will not purchase next to a cemetery or a columbarium. Alexander asked Lobodiak what he thought the reason would be for not wanting .to buy near a columbarium. He responded that it was the burial of cremated human remains within sight distance of your home some people might have a problem with. Some people do not want to live next to a cemetery, but the burden is on the applicant to show that. there will not diminish or impair property values. The evidence from West Des Moines was incomplete. He does not believe the applicant had met the burden of proof. Brown indicated that the columbarium would not be visible from the properties of those neighbors who objected. PUBLIC HEARING CLOSED Alexander said that she would like to talk about the property value issue. She said that she thought about it and has a concern as to how to look at that as a Board. She said that they can look as additional things that are part of the standards which in violation will diminish property values (traffic, ingress-egress, litter, noise, etc.). Holecek said that the general standards and the board are created to do justice when the literal application of the zoning ordinance is a hardship or can burden other properties. She said that the general standards are created to strike the balance of negative externalities when you allow a special Iowa City Board of Adjustment Minutes May 10, 2006 Page 11 exception use in the area. She said while there are particular standards they all attempt to achieve the same thing, balance the rights of all property owners against negative externalities. Shelangouski said that all standards apply to the whole. If the special exception meets the other general standards that one could interpret that to mean that property values would not be diminished. She said that while the church did not prove a dollar for dollar value with regard to property values, she believed that they had met all the other standards they need to meet. This allowed her to conclude that it would not substantially diminish values. Alexander said that she did not think that it would be unreasonable for applicant to have to provide such scientific comparisons in order to meet the burden of proof, that there were broader considerations that inform the issues. Holecek offered an example of visual impact. Alexander said that one of the considerations is general welfare. She said that she tends to look at general welfare in a broader sense, and believes that columbarium is a good solution to a space use problem with regard to cemeteries. If a columbarium can be done reasonably and fit into a neighborhood. Wood said they will never get hard proof of property values since there are so many factors are affecting property vales. He said that he sees nothing that would lead him to believe that the columbarium will have a substantial impact on property values of surrounding properties. MOTION: Wood moved that EXC06-00003, an application for a special exception to allow a columbarium addition to a religious institution in the Low-Density Single- Family zone at 2701 Rochester Avenue be approved, subject to general compliance with the plans submitted with the application. Wright seconded the motion. Alexander said that columbaria are listed as an accessory use to a religious institution. She said that it will be located away from the direct view of residential properties. She added that it is not a large structure and will have a garden around it. Alexander said the church had tried to make it an attractive, meditative space. She said that there will be no significant effects on livability of the area as it relates to noise, traffic, glare from lights, odor or litter. She made a comparison to City High's tennis lights in terms of externalities. She said that it will not be detrimental to or endanger the general public's health, safety, comfort or general welfare but it will enhance the general welfare due to the solution that it offers instead of cemeteries. Alexander said that even if compared with properties adjacent to cemeteries it can not be stated that they had suffered a substantial diminution in values. She said that "substantial" is a meaningful requirement. Even accepting evidence regarding diminishment of values next to cemeteries was not enough to arrive at substantial. She said it will not be offensive. She said people going along the street will not know what it is. Alexander said that the establishment of the specific proposed exception should not impede the normal and orderly development and improvement of the surrounding property since everything is already developed. She said that it will not put a stress on public streets, and in all other respects, conforms to the applicable regulations or standards of the zone in which it is located. She said that the proposed use is consistent with the Comprehensive Plan of the City. Wright will vote in favor. He said the application meets all the specific standards in terms of being on a collector street and setbacks. He added that most people will not even notice the thing is there, much less know what it is. Thus the possibility of substantial diminishment of property values is very unlikely. He added that the rest of general standards are clearly met. Shelangouski said that she will vote in favor for the reasons already stated. She said that it will not substantially diminish property values. She said the landscape plan will help immensely making it look nicer. Wood will vote in favor. He said that is almost impossible to reach the level of proof that will make this an easy vote. He felt there was a lot of evidence to show that property value will not be substantially Iowa City Board of Adjustment Minutes May 10, 2006 Page 12 diminished. He said that he does not believe that property values are in danger of being substantially diminished. Leigh said that she will vote in favor for the reasons already stated. The motion passed 5:0. OTHER: NONE BOARD OF ADJUSTMENT INFORMATION Holecek said that the request for reconsideration on the initial ruling for Wal-Mart drive through and gas station was denied. ADJOURNMENT: The meeting adjourned at 6:52 PM. s:/pcdlminules/BON2006/05-1 0-06. doc .... C"'O CI) .. E 0 ....CJ U) CI) ~o:: '- G) CD "'0(.)0 <(CO '--CON 0"'0 "'Oc .. 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