HomeMy WebLinkAbout05-14-2008 Board of Adjustment
AGENDA
IOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, May 14, 2008 - 5:00 PM
Emma J. Harvat Hall
A. Call to Order
B. Roll Call
C. Consider the April 9, 2008 minutes
D. Special Exception Items
1. EXCOS-00007: Discussion of an application from Hoover Heights Investors for a
special exception for a drive-through facility in the CC-2 zone on Lot 49 of Olde
Towne Village.
2. EXCOS-OOOOS: Discussion of an application submitted by Parkview Church for a
special exception for an addition to a church in the RS-5 zone at 15 Foster Road.
E. Other
F. Board of Adjustment Information
G. Adjournment
NEXT BOARD OF ADJUSTMENT MEETING - June 11, 2008
MINUTES
IOWA CITY BOARD OF ADJUSTMENT
APRIL 9, 2008 - 5:00 PM
EMMA J HARVAT HALL - IOWA CITY/CITY HALL
PRELIMINARY
MEMBERS PRESENT: Michelle Payne, Caroline Sheerin, Ned Wood, Karen Leigh
MEMBERS ABSENT: Edgar Thornton
STAFF PRESENT: Sarah Walz, Sarah Holecek, Sara Greenwood-Hektoen
OTHERS PRESENT: None
RECOMMENDATION TO COUNCIL (becomes effective only after separate Council action):
NONE.
CONSIDERATION OF THE FEBRUARY 13. 2008 MINUTES:
Wood noted corrections: to insert the word "a" in paragraph 3, page 3 to read "due to a new
hospice", Also on the same page, in the second paragraph after the motion, to delete the words
"in again" in Payne's statement regarding practical difficulty. Wood asked for other correction;
none were offered.
Motion: Payne moved to accept the minutes of the March 12, 2008 meeting as corrected;
seconded by Leigh. Motion carried 4-0. Thornton not present.
ADJOURNMENT:
Motion: Leigh moved to adjourn, seconded by Payne. Wood adjourned the meeting at 5:15
PM.
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To: Board of Adjustment
Item: EXe08-0000l
Lot 49 Olde Towne Village
GENERAL INFORMATION:
Applicant:
Contact:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable code sections:
Comprehensive Plan:
File Date:
STAFF REPORT
Prepared by: Sarah Walz
Date: May 14, 2008
Hoover Heights Investors
P.O. Box 185
West Liberty, IA 52776
319-631-0017
J. Shawn Lueth
Shive Hattery
2834 Northgate Drive
Iowa City, IA 52240
319-354-3040
Special exception for a drive-through
facility in the CC-2 zone.
To allow establishment of a drive-through
restaurant.
Lot 49 Olde Towne Village
1 .17 acres
Commercial (CC-2)
North: Undeveloped (ID-RS)
South: Commercial (CC-2)
East: Commercial (CC-2)
West: Commercial (CC-2)
14-4C-2K, Specific criteria for drive-
through facilities; 14-0ff-street parking
construction and design standards 14-5A-
5; Screening standards, 14-5F-6; outdoor
lighting standards, 14-5G; general
standards for special exceptions, 14-48-3.
Commercial
April 17, 2008
2
BACKGROUND INFORMATION:
The property now known as Olde Towne Village was annexed into Iowa City in 2001 was zoned
Community Commercial (CC-2) and Medium Density Single-family Residential (RS-8) with a
Conditional Zoning Agreement (CZA). The conditions contained in the CZA required that final
plats for the development comply with the neighborhood design policies of the Comprehensive
Plan and a concept plan contained in the Northeast District Plan. In short, the development was
to conform with a Main Street or Town Square-style commercial center with a pedestrian
orientation including such features as on-street parking, parking lots behind buildings, minimal
or no building setback from sidewalks and upper floor residential uses.
A preliminary plat and a rezoning for the development was approved in February 2005, with the
final plat approved in September 2005. The property was granted a special exception in 2006 to
modify the setback standards of the zoning code. In order to accommodate the pedestrian
orientation required by the CZA, which called for buildings set close to the sidewalk, the Board
of Adjustment granted a reduction from 10 feet to 3 in the principal building setback from the
interior street rights-of-way within the development. The reduction maintained the 11-foot
sidewalks required by the CZA.
At that same meeting, the Board approved a drive-through banking facility at the corner of Scott
Boulevard and Rochester Avenue. Because the drive-through for the bank is located adjacent to
a residential zone, the board approved the special exception subject to substantial landscape
screening of the drive-through area, limitations on the hours of operation, and a requirement
that the design of the drive-through A TM would be integrated with the architecture and materials
for the bank building itself.
The current applicant is proposing a drive-through coffee/ice cream restaurant for the northwest
portion of lot 49. Lot 49 is located at the intersection of Rochester Avenue (a public street) and
Eastbury Drive (a private street, internal to the commercial development), and has two access
points: one at Eastbury Drive and the other on Westbury Drive (another private street). The
applicant has proposed a one-lane drive-through facility to be located along the northwest corner
of the property. The proposed 15-foot drive through lane with order board and service window
would circulate behind the restaurant building, along the north and west property lines.
ANAL YSIS:
The purpose of the Zoning Chapter is to promote the public health, safety and general welfare, to
conserve and protect the value of property throughout the city, and to encourage the most
appropriate use of land. It is the intent of the Zoning Chapter to permit the full use and enjoyment
of property in a manner that does not intrude upon adjacent property. The Board of Adjustment
may grant relief from the requirements of the Zoning Chapter through a special exception if the
action is considered to serve the public interest and is consistent with the intent of the Zoning
Chapter.
Specific approval criteria for drive-through facilities in the CC-2 zone, 14-4C-2K-2
The applicant's comments regarding each of the specific standards are included on the attached
application form. Staff comments related to the general approval criteria are set forth below.
a. The number of drive-through lanes, stacking spaces, and paved area necessary for the
drive-through facility will not be detrimental to adjacent residential properties or detract
from or unduly interrupt pedestrian circulation or the commercial character of the area
where it is located. To promote compatibility with surrounding development, safe
3
pedestrian access, and efficient and safe vehicular circulation on the site, the Board of
Adjustment may require certain conditions, including, but not limited to, restricting the
location of drive-through to rear or side access, requiring directional signage, limiting
the number of lanes or amount of paving, and limiting or prohibiting the use of
loudspeaker systems.
The applicant has proposed a single-lane, 15-foot drive-through with a maximum of two stacking
spaces at the service window and 3 stacking spaces at the order board. Staff believes the
number of stacking spaces and the paving are appropriate for the drive-through use. Staff
recommends the addition of directional signage at the exit to the drive-through lane to ensure
that vehicles should not enter at that location.
Staff finds that the proposed drive-through is appropriately located behind the building and
separated from the interior of the lot so as to minimize conflict with other activities and uses on
the property. Development on the adjacent property to the west will face away from the drive-
through and thus the location of the drive-through will not impact future development on that
site. To the north, the Rochester Avenue right-of-way is set at a higher grade than the subject
property. This change in grade, along with the S2 landscape screening shown in the proposed
site plan will screen the use from Rochester Avenue and undeveloped property to the north.
Property to the north of Lot 49 is undeveloped and zoned Interim Development Single Family
Residential (ID-RS) 1. The Northeast District Plan shows this property as residential, and thus
the proposed drive-through should be designed with future residential development in mind. Lot
49 is located approximately 80 feet from the ID-RS zone to its north. Moreover the proposed site
plan shows a 22-foot setback from the property line along Rochester Avenue. As the applicant
indicates, there is a significant change in grade between Rochester Avenue and the drive-
through location. Staff believes that this change in grade along with the setback and S2
landscape screening shown on the proposed site plan will buffer any future development from
noise or light glare associated with the drive-through operation.
In staff's opinion, the site plan submitted by the applicant demonstrates that the drive-through
will be positioned in a manner that still wi,1I allow larger Olde Towne Village development to
achieve the pedestrian oriented retail center envisioned by the Comprehensive Plan and the
CZA.
b. The transportation system is capable of safely supporting the proposed use in
addition to the existing uses in the area. Evaluation factors include street capacity and
level of service, effects on traffic circulation, access requirements, and pedestrian safety.
An adequate number of stacking spaces must be provided to ensure that traffic safety is
not compromised.
The transportation system within the commercial development is designed to support the level
of traffic generated by the restaurant and other commercial uses on the site. Traffic entering and
exiting the larger commercial development is limited to two access points-one from Scott
Boulevard (Eastbury Drive) and one from Rochester Avenue (Eastbury Drive).
1 The Interim Development Zone is the default zoning district to which all undeveloped areas within city limits should be classified
until City services (sewer, water, etc.) are provided. Upon provision of City services, the City or the property owner may initiate
rezoning to zones consistent with the Comprehensive Plan. ID-RS refers to the intended use for land when (and if) a rezoning is
requested.
4
The proposed drive-through lane includes two stacking spaces at the service (pick-up) window
and has space for 3 stacking spaces at the order board.2 Any additional customers will stack
into the parking area within lot 49 and will not disrupt traffic along Eastbury or Westbury Drive,
which are both 28-foot wide streets that serve the entire commercial development.
c. The drive-through lanes must be set back at least 10 feet from adjacent lot lines and
public rights-of-way and screened from view to the 523 standard. If the drive-through is
located adjacent to a residential use or property zoned residential, it must be screened
from view from these properties to at least the 534 standard. The Board of Adjustment
man increase or reduce these standards according to the specific circumstances
affecting the site.
The drive-through lane is set back 10 feet from the side lot line and more than 20 feet from the
Rochester Avenue right-of-way. The applicant has proposed a 10-foot buffer of S2 (low shrub)
landscaping to screen the drive-through lane from view along the property line. The standards
for drive-through facilities located adjacent to residential zones suggest S3 screening, which is
defined as a dense screen of evergreens or masonry wall 5-6 feet high. Staff believes that S2
screening along with the distance from the ID-RS zone and the change in grade from Rochester
Avenue is appropriate to screen any neg,ative effects from the drive-through lanes. This is the
same approach that was taken with the 2006 special exception for the drive-through for the
bank at the corner of Scott Boulevard and Rochester Avenue.
d. Lighting for the drive-through facility must comply with the outdoor lighting standards
set forth in 14-5G and must be designed to prevent light trespass and glare into
neighboring residential properties.
The applicant has indicated that lighting for the facility will comply with the outdoor lighting
standard in the code and will be designed to minimize glare onto neighboring residential
properties. All outdoor lighting for the proposed use will be reviewed by the Building Official for
compliance with the Code as part of the site review process.
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. Because the applicant's proposed drive-
through facility addresses all of the specific criteria as described above, and especially the
location to the rear of the building, additional setback from Rochester Avenue, S2 screening and
separation of the drive-through faCility from other uses and activities on the lot, Staff finds that it
will not be detrimental to or endanger the public health, safety, comfort, or general welfare.
2 Stacking space refers to the additional space needed for vehicles queuing to get to the service window or order board. The two
spaces behind a car that is at the service window are stacking spaces.
3 The intent of the 52 screening standard is to provide a buffering treatment that uses distance and low-level screening to separate
uses from the public right-of-way, from other zones, to define edges and separate vehicular use areas from pedestrians. The 52
standard requires enough shrubs to form a landscape screen ranging between 2 and 4 feet in height.
4 The intent of 53 screening is to provide a buffer that uses dense landscape screening to provide a visual and physical separation
between uses and zones. The 53 standard requires enough shrubs and small evergreens to form a continuous screen or hedge at
least 5 feet to 6 feet in height and more than 50 percent solid year round.
5
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.
For the reasons cited above, Staff finds that the proposed drive-through will not be injurious to
he use and enjoyment of other property in the immediate vicinity and will not substantially
diminish or impair property values. The noise and traffic associate with late-night operation of
drive-through restaurants can create concerns for neighboring residential uses. For this reason,
staff recommends limiting hours of operation of the drive-through to no later than midnight.
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.
Staff believes that by locating the drive-through behind the building, and providing adequate
stacking spaces for the use and directional signage to guide traffic within the lot, the proposed
drive-through will not impede the normal and orderly development and improvement of
surrounding property for uses permitted in the zone.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been
or are being provided.
The subject lot is otherwise suitable for commercial development. Adequate utilities, access
roads, drainage and other necessary facilities for the commercial development are designed to
meet current City standards.
S. Adequate measures have been or will be taken to provide ingress or egress
designed so as to minimize traffic congestion on public streets. Access to the site has
been designed to avoid congestion. Vehicles will enter the commercial development from two
access points-one from Rochester Avenue and one from Scott Boulevard. All vehicular traffic
entering and exiting lot 49 will occur on along Westbury and Eastbury Drives. In addition, the
development, including lot 49, is designed with pedestrian access across lots, including
pedestrian connections to Rochester Avenue and Scott Boulevard as well as pedestrian
crosswalks on the interior streets and between the buildings on Lot 49.
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
final site plan is subject to administrative review for compliance with the Conditional Zoning
Agreement and all other aspects of the code requirements.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
The plan for the commercial development at Olde Towne Village is consistent with the
Neighborhood Commercial goals of the Comprehensive Plan. Those goals include designs that
"have a pedestrian orientation with the stores placed close to the street, but with sufficient open
space to allow outdoor cafes, patios or landscaping. Parking should be located to the rear and
sides of stores with additional parking on the street." (page 21 of the Comprehensive Plan)
In addition, the plan meets the more specific goals of the Northeast District Plan, which called for
the commercial center at this site to have "a pedestrian orientation. . . incorporate[ing] such
features as on-street parking, parking lots behind buildings, minimal or no building setback from
the sidewalk. . . accessible pedestrian pathways that provide connections between the
businesses within the commercial center as well as to the neighborhood." (page 24 of the
6
Northeast District Plan). By placing the drive through to the rear of the building and screening its
view, the proposed drive-through will not detract from surrounding uses.
STAFF RECOMMENDATION:
Staff recommends that EXC08-0007, an application for a drive-through restaurant on Lot 49 of
Olde Towne Village, subject to substantial compliance with the site plan submitted and limiting
the hours of operation to 6 AM to Midnight.
ATTACHMENTS:
1. Location Map
2. Proposed Site Plan
3. Photo
4. Application Materials.
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Approved by: r ~~ '
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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HOOVER HEIGHTS LOT 49
PRELIMINARY SITE LAYOUT
IOWA CITY, IA
DATE 5/5/08 SCALE AS SHOWN
DRAWN MLM FIELD BOOK
APPROVED JSL REVISION
PROJECT NO.
107162-0
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http://www.shive-hattery.com
SHEET NO.
1 OF 1
ExC. oK- o7JD7J 7
APPLICATION TO THE (LAP-Gf.. Pu:\("-
BOARD OF ADJUSTMENT -Ie> Peo)
SPECIAL EXCEPTION
DATE: April 17, 2008
PROPERTY PARCEL NO. 2006029
PROPERTY ADDRESS: Lot 49 ofOlde Towne Village
PROPERTY ZONE: CC-2
PROPERTY LOT SIZE: 1.17 Acres
APPLICANT:
Name: Hoover Heights Investors
Address: PO Box 185
West Liberty, IA 52776
Phone: (319) 631-0017
CONTACT PERSON:
(if other than Name: 1. Shawn Lueth
applicant) Shive-Hattery
Address: 2834 Northgate Drive
Iowa City, IA 52240
Phone: (319) 354-3040
PROPERTY
OWNER: (if other Name:
than applicant)
Address:
Phone:
Specific Requested Special Exception: 14-4C-2K -2 Drive-Through Facilities
Purpose for special exception: Establishment of a drive-in restaurant for a CC-2 property.
Date of previous application or appeal filed, if any: N/ A
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B. Plot Plan/Site Plan
The site plan is included with the application.
A. Le1!al Description: ~
395449 OLDE TOWNE VILLAGE THAT PART OF LOT 49 DESC AS AU~OR'S; -r1
PARCEL #2006029 IN SURVEY BK 50 PG 299 "';:. Q, ':6 ~
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C. Specific Approval Criteria:
a. The drive-through will not be detrimental to adjacent residential properties,
detract from or unduly interrupt pedestrian circulation or the commercial
character of the area for the following reasons: The applicant proposes one
customer service drive-through lane that exceeds the required stacking spaces
oftwo vehicles at each the order and pick-up windows. The adjacent
properties contain CC-2 uses and will not be adversely affected by the
additional traffic generated by the proposed development. The adjacent
properties will not be hindered by this special exemption from lighting, noise
or other negative consequences due to the topography of the site and the
landscaped buffer. The location and path of the drive-through will not impede
on pedestrian circulation. The drive-through circulates behind the building,
away from all pedestrian crossings, customer parking and building entrances.
b. The drive-through is capable of safely supporting the level of traffic generated
by the restaurant facility. The drive-through has a minimal effect on traffic
circulation. The location and the access and exit points of the drive-through
lend themselves to the overall traffic pattern of the site. To ensure that traffic
safety is not compromised the drive-through exceeds the required stacking
spaces of two vehicles at the delivery window and two cars at the order
window.
c. The drive-through is setback at a minimum of ten feet from the adjacent lot
lines and public rights-of-way. It is screened from view in accordance with
the S2 standard, which is defined as a landscaped screen ranging between two
and four feet in height, with a third of the shrubs growing to no less than 4 feet
from public rights-of-way and abutting properties.
d. The applicant has indicated that lighting for the drive-through will comply
with the outdoor lighting standards set forth in Article 14-5G and will be
designed to minimize light trespass and glare onto a residential property.
D. General Approval Criteria:
1. The drive-through will not be detrimental to or endanger public health, safety,
comfort or general welfare. The drive-through is located as such to minimize
pedestrian and traffic circulation interruption. It will be screened in
accordance with the S2 standard and will be have a grade change
(approximately three to four feet) below Rochester Ave. as to not adversely
affect neighboring properties or confuse traffic on Rochester Ave.
2. The drive-through 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 drive-through will not detract
from the uses of the neighboring properties due to the location on the site, and
the fact that the entrance and exit points do not impose on the neighboring
properties' traffic patterns. The commercial nature ofthe drive-through
enhances the character of the development and may provide increased
customer traffic to the area.
3. The drive-through does not intersect the drive of another property and will not
impede the normal and orderly development and improvement of the
surrounding property for uses permitted in the area. Adjacent properties and
Rochester Avenue will be sheltered from any possible negative consequences
of the drive-through by the restaurant building, the landscaped buffer and the
significant grade change.
4. All necessary facilities will be provided for the drive-through. This includes
but is not limited to landscape screening, adequate drainage, lighting and
slgnage.
5. This criterion is not applicable. The drive-through does not intersect a public
street.
6. The applicant will demonstrate compliance with all other City of Iowa City
codes and any conditional zoning agreements at the time of site plan and
building permit approval.
7. The proposed use is consistent with the Comprehensive Plan for the City of
Iowa City. The Northeast District Plan identifies the area as a commercial
zone that is well-suited for planned developments.
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E. Property Owners within 300 feet of the exterior limits of the property involved in
this appeal:
Harvest Management Real Estate
Holdings LLC
PO Box 2443
Iowa City, IA 52244
Larry E and Sandra Sue Bell
10 Greenview Court
West Branch, IA 52358
Kack Development
805 22nd Avenue
Coralville, IA 52241
Hoover Heights Investors
PO Box 252
West Liberty, IA 52776
GRA Real Estate Group LC
548 Galway Drive
Iowa City, IA 52246
Connemara Holdings LLC
821 Cypress Court
Iowa City, IA 52245
Boyd Investment Co LC
315 E Prentiss Street
Iowa City, IA 52240
John A and Mary Beth Althoff
408 Johnson Street NW
Cascade, IA 52033
Jaxco Properties LLC
115 Iowa Avenue
Iowa City, IA 52240
Kyroprax LLC
12 ColI Court
Iowa City, IA 52246
Westbury Property LLC
3105 Dubuque St NE
Iowa City, IA 52240
Justin and Marcie Evans
206 6th Street #C5
Coralville, IA 52241
Eugene W and Ethel Madison
1984 High View Circle
Coralville, IA 52241
Cedar Holdings LLC and KRE LLC
PO Box 5228
Coralville, IA 52241
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NOTE: Conditions. In permitting a special exception, the Board may impose appropriate
conditions and safeguards, including but not limited to planting screens, fencing, construction
commencement and completion deadlines, lighting, operational controls, improved traffic
circulation requirements, highway access restrictions, increased minimum yard requirements,
parking requirements, limitations on the duration of a use or ownership or any other requirement
which the Board deems appropriate under the circumstances upon a finding that the conditions
are necessary to fulfill the purpose and intent of the Zoning Chapter. (Section 14-8C-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-IE, 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.
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STAFF REPORT
To: Board of Adjustment
Item: EXC08-00008
Parkview Church
Prepared by: Sarah Walz
Date: May 14, 2008
GENERAL INFORMATION:
Applicant:
Parkview Church
15 Foster Road
Iowa City
Contact:
Jim Douglass, Administrator
319-354-5580
Requested Action:
A special exception to allow
expansion of a religious/private
group assembly use in the RS-5
zone.
Purpose:
Special Exception: To allow a
12,825 square foot addition to the
southwest portion of the church
building.
Location:
15 Foster Road
Size:
12.723 acres
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Residential (RS-5)
North: Residential (RS-5)
South: Undeveloped/wetland (RS-5)
East: Residential (RS-5)
West: Residential (OPD-8)
Comprehensive Plan:
Low density, single family residential
Applicable code sections:
Specific Criteria for religious/private
group assembly uses in the RS-5
zone, 14-4B-4D-14; General Criteria
for Special Exceptions, 14-4B-3;
File Date:
April 17, 2008
BACKGROUND INFORMATION:
In 1984 Parkview Church received a special exception to establish a religious institution in the
Low-Density Single Family (RS-5) zone. In 1998 the church was granted a special exception to
allow a 30,000 square foot addition and installation of 400 parking spaces, with an additional
100 "land banked" until the church could demonstrate need. The board left the determination
2
regarding the installation of the 100 additional spaces to the Director of Planning, and by 2003
all 100 spaces were installed.
In September, 2003 the church was granted another special exception to allow construction of a
3,060 square foot addition to accommodate church overflow from the main sanctuary. Then, in
November 2003, Parkview church submitted an application to create another major expansion
to the ministry with a 113,700 square foot auditorium and an additional 750 parking spaces. Due
in part to concerns over the large expansion in parking and associated costs, the church chose
to indefinitely delay its application.
The applicant is now requesting a special exception to allow a 12,825 square foot addition to the
southwest portion of the building. The applicant has indicated that the addition will house five
new classrooms, a commons area and two auditoriums. Because the church property is within
the floodplain, all new construction and substantial improvements to the existing structure must
be 1 foot above the 1 OO-year flood elevation. While the new addition being proposed in this
application will be built to meet all current floodplain standards, the church is completing an
application for a variance from the flood plain standards as described in 14-5J-9 to allow
renovations to 6,975 square feet of the existing building that is contiguous to the addition.1 That
application will likely be presented to the Board in the coming months.
The addition being considered here constitutes a distinct phase in the planned growth of the
church. The church plans a series of more substantial expansions in years to come, all of which
will come before the board through the special exception process.
All special exceptions granted by the Board of Adjustment have time limit of 6 months during
which the applicant must apply for a building permit. Because this addition requires a number of
permits and engineering to address the flood plain issues, the church is requesting that the
order of the special exception be extended from the usual 6 months to 12 months to allow time
for the church to complete all its planning and flood plain engineering for the addition.
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 a expansion of a
church in the RS-5 zone if the requested action is found to be in accordance with the specific
criteria found in section 14-4B-4D-14 as well as and the general standards for special
exceptions as set forth in Section 14-4B-3A.
Specific Criteria for the Special Exception:
a. Vehicular access to the proposed use is limited to streets with pavement width grater
than 28 feet. Parkview Church is located at the intersection of Foster Road and Dubuque
Street, both of which meet or exceed this standard. The property also has secondary access
from Taft Speedway, a narrow, substandard street.
I At the time that the existing church building was constructed, it met with flood plain management standards of the time, including
the requirement that the first floor be built one foot above the 100 year flood elevation. Due to recent changes to the flood elevation
map (2002) the existing building is now considered to be only 6 inches above the base flood elevation, rather than the required one
foot. The renovations proposed in conjunction with the new addition constitute a substantial improvement under the code and thus
that portion of the existing building proposed for renovation must be brought up to the flood plain standard.
3
b. The minimum setbacks for religious uses in the RS-5 zone are 20 feet on the front and
sides and 50 feet to the rear. Parkview Church fronts on three streets: Foster Road, Dubuque
Street, and Taft Speedway. The established church building provides the appropriate setbacks
on all 4 sides, including the 50-foot rear setback that abuts the residential neighborhood
(Idyllwyld) to the west. The proposed addition is set back the minimum 20 feet from south
property line, adjacent to Taft Speedway.
c. The proposed use will be designed to be compatible with adjacent uses. The Board of
Adjustment will consider aspects of the proposed use, such as the site size, types of
accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location
and amount of paved areas. The Board of Adjustment may deny the use or aspects of the
use that are deemed out of scale, incompatible, or out of character with surrounding
residential uses, or may require additional measures to mitigate these differences.
Additional requirements may include, but are not limited to, additional screening,
landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and
location and design of buildings.
The proposed 12,825 square foot addition to the southwest portion of the building faces onto
Taft Speedway and is designed to complement the architecture of the existing building. The
south elevation of the building is church is nearly 230 feet long. The church has addressed
concerns about the mass of such a large building by breaking up the fayade with projections
and recesses and corresponding changes in roofline and exterior wall materials and windows.
(See item "e" below).
The church will bring the parking area into compliance with the perimeter screening standards in
the zoning code (see general criteria #6 below). The church has proposed to provide the
required S2 screening along the north and south sides of the parking area and will fill in gaps to
the screening already provided on the west end of the parking area, which directly abuts the
residential neighborhood. A landscaping plan will be reviewed by the building department to
insure compliance as part of the site review process.
Staff believes that the design of the addition along with the perimeter screening of the parking
area will make the church and addition more compatible with the surrounding residential
neighborhood.
d. Given that large parking lots can seriously erode the single family residential character
of the zone, the Board of Adjustment will carefully review any requests for parking
spaces beyond the minimum required. . . . The current facility exceeds the required number
of parking space. No additional parking spaces are required. The applicant has indicated that
the construction of the addition will require the elimination of up to 25 parking spaces in the
southeast corner of the parking lot. The church will continue to have sufficient parking despite
the loss of these 25 spaces.
e. The proposed use will not have significant adverse affects on the livability of nearby
residential uses due to noise, glare from lights, late-night operations, odors, and litter.
The proposed addition to the building is intended for use as an extension of the current use,
classes and other activities associated with Sunday worship service as well as special programs
such as bible study, etc., during the week. Because the proposed addition is to accommodate
the current use and occupancy of the building and not an extension of services, Staff believes
this addition will not greatly increase traffic in the area or have any significant adverse affects on
the residential neighborhood.
4
f. If the proposed use is located in a residential zone, it must comply with the Multi-family
Site Development Standards as set forth in Section 14-28-6.
As explained above, the south-facing elevation of the building is more than 200 feet in width and
thus must comply with the Multi-family Site Development Standards which require such long
facades to be articulated with bays, projections, or recesses according to the following
standards:
1. Bays and projections must be at least 6 feet in width and at least 16 inches, but not more
than 6 feet in depth. Recesses must be at least 6 feet in width and have a depth of at least
16 inches.
2. The bays, projections, and recesses must have corresponding changes in roofline or,
alternately, must be distinguished by a corresponding change in some other architectural
element(s) of the building such as a change in exterior wall materials, a change in window
pattern, the addition of balconies, variation in the building and/or parapet height; or
variation in architectural details, such as decorative banding, reveals, stone or tile accents.
The site plan and elevations submitted by the church demonstrate compliance with these
standards. The fa<;ade is divided into sections no longer than 44 feet, with most sections being
27 feet or less and include projections, recesses and changes in material and roofline.
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. Because the proposed use of the addition will not
generate significant new traffic to the site, and because the site requires no additional ingress or
egress, Staff believes the proposed exception will comply with the criterion.
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. For the reasons sited above, and because the church
addition complies with the Multi-family Design standards in the code, and because the church
must bring its established parking area into compliance with the perimeter landscape screening
standards, Staff believes that the proposed expansion satisfies this criteria.
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. For the reasons sited in criteria 1 and 2 above
and because the church satisfies the specific criteria pertaining to religious/private group
assembly uses (a through f above), Staff believes that the proposed addition will not impede the
orderly development of the surrounding area.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided. All necessary access roads and utilities are in place. There are some
drainage issues on southeast portion of the parking area (see photo 3) that should be
addressed through the site plan review process. There appears to be an unimproved trench
dug between the lot and the swale adjacent to Taft Road to allow drainage from the parking
area. This trench will erode over time and should be constructed in a more safe and efficient
manner.
5
At this time there is no sidewalk on Taft Speedway. Due to the existing condition of the road and
drainage system it would be impractical for the church to install a sidewalk at this time. However,
as further development occurs in the area, the provision of adequate pedestrian facilities along
Taft Speedway will need to be addressed.
5. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets. No additional ingress or egress are
needed and the proposed church addition will not impact peak traffic coming to and from the
site.
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 it
lacks the current required perimeter screening and landscaping elements, the parking area for
Parkview Church is considered non-conforming development. The zoning code specifies
(section 14-4E-8B) that whenever a use, which is located on a site that is nonconforming with
regard to the provisions of Chapter 5, Article A, Off-street Parking and Loading Standards, is
enlarged by less than 50 percent of the total floor area on the property, the property must be
brought into compliance with applicable perimeter parking lot landscaping and screening
requirements. The applicant will need to install required S2 screening along the north, west, and
south portions of the parking area. Some portions of perimeter already include larger
evergreens, which may be incorporated into the required screening elements. The church will
be required to submit a landscaping plan as part of the site review process.
All other aspects of the proposed addition will be reviewed as part of the site plan review
process to insure compliance with other code requirements.
7. The proposed use will be consistent with the Comprehensive Plan, as amended. The
Comprehensive Plans calls for the inclusion of institutional uses, such as churches, schools,
and daycare centers, within residential neighborhoods so long as they comply with the
standards and criteria described in the zoning code.
STAFF RECOMMENDATION:
Staff recommends that EXC08-00008, an application for a Special exception to allow a 12,825
square foot addition to the church building for classroom and related uses be approved subject
to submittal of a landscaping plan to bring the non-conforming parking area into compliance with
current perimeter screening requirements and subject to improvements to the drainage system
for the southeast portion of the parking area.
ATTACHMENTS:
1. Location Map
2. Proposed Site Plan and Elevations
3. Photos
4. Application Materials
Approved by: /;:e~L-~'-
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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Photo I. A view of the location of the church addition-south fac;:ade.
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Photo 2. Another view of the site of the addition along Taft Speedway.
Photo 3. A photo of drainage trench located in the southeast portion of the parking area. Staff
recommends that this drainage issue be addressed as a condition of the special exception.
Photo 4. A view of the non-conforming parking area taken from Foster Road. The church is
required to provide required perimeter landscape screening. The code requires low level (82)
landscape screening along all portions of the parking area that front public streets or other
property.
Photo 5. Another view of the parking area from Foster Road.
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APPLICATION TO THE
BOARD OF ADJUSTMENT
------SPECIAL EXCEPTION------
DATE:
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PROPERTY PARCEL NO. 1003255001 ZO
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04/17/2008
PROPERTY ADDRESS:
PROPERTY ZONE: RS-5
Name: Parkview Church
APPLICANT: Address: 15 Foster Road Iowa Citv.IA
Phone: (319) 354- 5580
CONTACT PERSON: Name: Jim DouQlass. Administrator
(if other than applicant) Address: 15 Foster Road Iowa Citv. IA
Phone: (319) 354- 5580
Name: Parkview Church
PROPERTY OWNER:
(if other than applicant) Address: 15 Foster Road Iowa Citv. IA
Phone: (319) 354- 5580
Specific Requested Special Exception; please list the description and section
number in the zoning code that addresses the specific special exception you are
seeking. If you cannot find this information or do not know which section of the
code to look in, please contact Sarah Walz at 356-5239 or e-mail sarah-
walz@iowa-city.org.
14-2A-2 Land Use Allowed - Relialous I Private Group assemblv is a special
exception under 14-48-4. in RS-5 Zonina.
Purpose for special exception: To Construct an addition to Parkview Church in
the RS-5 Zonina.
Date of previous application or appeal filed. if any: N/A
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In order for your application to be considered complete, you must provide responses to all of
the information requested below. Failure to provide this information may delay the hearing
date for your application. A pre-application consultation with Planning staff is
STRONGLY recommended to ensure that your application addresses all of the required
criteria.
As the applicant, you bear the burden of proof for showing that the requested exception should
be granted. Because this application will be presented to the Board of Adjustment as your
official statement, you should address all the applicable criteria in a clear and concise manner.
INFORMATION TO BE PROVIDED BY APPLICANT:
A. Leaal description of property: PIN # 1003255001
3796 THAT PART OF NW % 3-79-6
DESCRIBED IN BK 685 PG 190 JC REC
You can find the legal description and parcel number for your property by doing a parcel
search for your address on the Assessor's website at www.iowacity.iowaassessors.com/
or by calling 319-356-6066.
B. Plot Plan/Site Plan drawn to scale showing all of the following information:
1. Lot with dimensions; See Attachment "A".
2. North point and scale; See Attachment "A".
3. Existing and proposed structures with distances from property lines; See Attachment
"B" &"C" .
4. Abutting streets and alleys; See Attachment "A".
5. Surrounding land uses, including location and record owner of each property
opposite or abutting the property in question; See Attachments "A","D1" & "D2".
6. Parking spaces and trees -existing and proposed. See Attachment "B" and "C".
7. Any other site elements that are to be addressed in the specific criteria for your
special exception (Le., som e uses require landscape screening, buffers, stacking
spaces, etc.)
C. Specific Approval Criteria: In order to grant a special exception, the Board must find
that the requested special exception meets certain specific approval criteria listed within
the Zoning Code. In the space below or on an attached sheet, address each of the
criteria that apply to the special exception being sought. Your responses to these criteria
should just be opinions, but should provide specific information demonstrating that the
criteria are being met. (Specific approval criteria for uses listed as special exceptions are
described in 14-48-4
of the Zoning Code. Other types of special exceptions to modify requirements for the property are
listed elsewhere in the Code.)
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D. General Approval Criteria: In addition to the specific approval criteria addressed in "C",
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.
Response: The proposed improvements are additions only to the existing
religious use. This continued use will not be detrimental to public health,
safety and welfare.
2. The specific proposed exception will not be injurious to the use and enjoyment of
other property in the immediate vicinity and will not substantially diminish and impair
property values in the neighborhood.
Response: The project proposes no change in use from the current
operations. To this end the building additions should not diminish or
impair property values. The commitment of the church to this location
should continue to be a positive influence in the neighborhood. The
location of the proposed additions are not abutting adjacent property and
therefore should not be injurious to the use and enjoyment of properties in
the immediate vicinity.
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.
Response: The special exception use currently exists. The normal and I"'_~
orderly development of permitted uses should not be impacted llQthe g
continuation of the special exception religious use. ~~ 0 ~
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4. Adequate utilities, access roads, drainage and/or necessary facilities have1)~1\l or~
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Response: Utilities and access roads currently in place shall remaln and ~
will be utilized. Drainage and necessary improvements shall be maintained
and/or provided to accommodate the additions.
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5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on publ ic streets.
Response: No new parking shall be required for the additions; therefore
existing ingress/egress points will not be affected by the proposed
additions.
6. Except for the specific regulations and standard s 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).]
Response: The building additions and related site work shall be designed
to meet or exceed all requirements, regulations and standards of the RS-5
zone.
See Attachment "E" for Specific Criteria under Code Section 14-48.
7. The proposed use will be consistent with the Comprehensive Plan of the City.
Response: The Comprehensive Plan of the city has been reviewed subject to the
proposed additions. All requirements of that plan are being met with the
proposed additions.
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E. List the names and mailing addresses of the record owners of all property located within 300
feet of the exterior limits of the property involved in this appeal:
NAME
ADDRESS
See Attachment "01" and "02".
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NOTE: Conditions. In permitting a special exception, the Board may impose appropriate
conditions and safeguards, including but not limited to planting screens, fencing,
construction commencement and completion deadlines, lighting, operational controls,
improved traffic circulation requirements, highway access restrictions, increased
minimum yard requirements, parking requirements, limitations on the duration of a use
or ownership or any other requirement which the Board deems appropriate under the
circumstances upon a finding that the conditions are necessary to fulfill the purpose and
intent of the Zoning Chapter. (Section 14-8C-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-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:
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Signature(s) of Applicant(s)
Date:
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ppdadmin\application-boase.doc
Signature(s) of Property O~pe!(s) ~
if Different than Applicant(~)\ ().
::-<. ~,\ ::s
--~ ~
O,-/~:, -
;:;.' '/-- ..
Z 0
J>' N
n1
CJ