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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. co o ....,0 eM ~ I S"g fI) L. :J 0 "_ u "g ~ c(a:: """ ~ o u "g e L. ru ru"g o e ~ ~ ~ 0 - - M - M - - - - 00 - 0 - 0 - - 0- M :: 00 0- - ,... - - - ..0 ... - - III 0- I W I >< >< >< >< - I - ... I 0 I M I W - I >< >< >< >< I - - I 0 M I M I I - I I >< >< >< >< I I - I I M I I 0- :E I :E :E :E :E I - Z I Z Z Z Z I I VI ex> M 0' 0 - N E Q) 0 - 0 - - - ,:: - - - - - - '- - - - - - Q) c.. 0 0 Q 0 0 0 I- >< - - - - - - - - - - UJ 0 0 0 0 0 0 c c "t: Q) 0 Q) ,VI C .... Q) ~ ~Q)C() ~E' ~ c E ~.cO fo.!?:O ... "'CI L. wenO Q. 0 <'d Q) ==Q)N "4j ~ ~ 0 .c Z !II ~ .!! .... t<=:..c..c: ..J_~ .- c ~"- ~ c w '- 'i .. IV c:: 0 I:) Q) .g .5: "'CI .c IV ~ 8 ; :t ; u I:) U l)O '- E Q) f "'CI > ~ug ~~~ z w "'C L.. ~ Q) :J 1)0..0 U c E x .- Q) w~E ~ ..."';) Q) Q) C C E nl II) Q) Q) ... Q)~~oo c:<(<(zz II II II II II wE ><ooz >-= w ~ 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. ~""...~~ Approved by: r ~~ ' Robert Miklo, Senior Planner, Department of Planning and Community Development ~ (j ~ ~ ~ ~ (j ex) c a.. \)~--J., tJ en a: I c )-:' , /__/ i""">. ,/,-'" r t,.., - rTr/"",.....".,.,.", .....' ~ ~ . . . ' ~ ' i i : : ' ! , . . f'.. o o o o I ex> o () >< W en ~ +-' o .....J a) en ctS .- > Q) C ~ o ~ '"0 o i o ~ ~ U o ~ ~ f-4 ~ en 0> ~ o a::i <<l- I- o ---' I w (/) ct: CD I 0::: X / t.:) :;: o / o I N lO r::: o ;:;- (/) I- U W -, o 0::: 0.. / ci: ^ CO <<1-- I-r-- glC) I . . wCO (/)0 ct: .. CD '" I E ~f= o - ::::=---< ~ Iii'" Ii I.' II 21 0 t-) (/) 01 () )> r fTI 01 ~ Z 0 ~a W>. ~ ~ 0 0 ~ ~ co ~g ON ....:--..... 0lC) ..!..~ CDlC) 10 0.. /~ t.:)ct: :;:0 o /- Ot.:) I:;: NO ~W r--(/) oct: ;:;-9 ~~ ~~ 3~ 0:::/ :;;'0 .. I o..N ^~ r-- o~ 1/ ~ (/) ~~ o..'~ I- 2 0.. ;,;/ ~ci: L..... "'w u-' ~s ~3 &!::::. x_ 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 4. ~H~!I:~~~ ~ Moline, IL' Bloomington, IL , Chicago. IL 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 a ~Q -[ .........._~ ....J ' ...:.-:. --f C) --<r- ---. CD O=:!:J S""'" ~ '" <::::> .~ c:c .b. ;g :JJ r- nl r".-., "-..J. - -....; .h. :::Jr S> W !..Q 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 ~ -y.,' --..\ .; 1;--- n;, ~ :::.-\ ''v ,i / ,-- ';i:- :;'- ',r' ~ g~ q L v:> y ...Q \ r\"\ ',--, '0 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. ~ 0 = C'::) ~(J co "... r;>- ""U -' .--' -< :::0 ::JJ C) =i ('-:i -.l r- I ~-< r.... rn m ,... 022 :J[ r-1 ~/" S? \..J )> W "-0 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 "',j 0 ~ c:':]: :>0 = :x:"" )>--; ,) II -< ::.:0 0 =iC) -.J r- .:-< r- rn rrl ;x:.. 0=:::7 :x U <;7':;' <:::> s;: .. W 1..0 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. 1(-/7 , 20 08" Date: Date: ,20 Signature(s) of Property Owner(s) if Different than Applicant(s) r-...:l 0 = '= en :?:o ;x:". ):.. -j ,.I II ::u 0 -<.- ,.- -.I ! -j , -1 -...--< > I ! ?::: -:';I'r rl ~ \-../ , '-:;..: 0 ;2: )> eN \.D 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 ~--- Q)O,... EOo. "- '5 ~lr) C\I ,... (/) a: ~ tj ~ ~ ~ ~ tj C\I ,... (/) a: --- c 0. o It) (/) a: (/) a: I C ro o o o o I ro o () >< W l:J c C\:S .,..... o o o o I ro o a: <( > l:J C\:S o a: 10- Q) +-' (/) o LL L.() .,..... . . Z o ~ ~ U o ~ ~ ~ ~ rJ) /' . f..... ... ~C:> & . ~.::5 . <>'5 ,6 , 'q (~~ I / .. '" .. ~ L\ { , , ,.1 ,'.I .~, '; I " " "\. v- rl .~ . .i Ioj " ;f1F ~ ' f ~ z '52 0:: < a. N~ (IJ< ro"7 UJ"'" o::~ _z ::l- 00 UJUJ o::Z 'UJ ::::; of- _::l >0 O(IJ 0::< a.~ ci cr: cr: ~ C/) o IJ.. " \ , ./ 10'-0" .......--. " ' '-" '- T FT SPEED AY 21'-1" 25'-Q" 25'-8" 21' 0" .. . - 24'-1" 11'-8" 25'-10" 18'-2" n'l'-IO"t ~~ '"' 60' ClE'rolN! ~ IE AN APPflO~'lI! . _AIXlITlON. nEE WLL. lEE I'ROf'OIlED ~ a= 211 STAUB em; PLAN ATTAc:KSn' '9'. - -- ~ , , " , , EXIS11Nq BUILDINq 51,700sf (TOTAL) -_J PROPOSED RENOVATION 7,800sf POSED ADDfTlON 13,175af . _ . _ " _ . ~" _",:. . _ . -- . "::'"'" . "':i:' . ~:- . - I I b I ___d- _ - ___~f~ - - ~ '- ----- - - ATTACHMENT 'c' PROPOSED PLAN t ~'~ ~I~ ~,~ 1 ~ h tl~ ~~ I f t ~ ~ ~,. ~I" ~~ !~ ~ ,~ ,~ I~ ~ , I I , I I , I I ' , I ~i , , , ~I ~I ~I ~ ~ ~ ~' ~' ~' ~~ I~ I~ ~ ~~ I ~~ ~ z z z 0 z 0 0 ~ 0 ~ ~ ~ > > ~ > W > W W ....J W ....J ~ W ....J W ~ ....J !! w I W I ~ l- I ~ I- ::::) a: ~ 0 ~'~ W 0 W (I) ~~ ~ z "+ b~ ~~ ~~ ~~ ~~ ~~ ~~ ~C ~ ~ -..,... .... - ... ~ .....a - .. Photo I. A view of the location of the church addition-south fac;:ade. "l .. 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. 12.xc.... DK- DOOD g - 1 - APPLICATION TO THE BOARD OF ADJUSTMENT ------SPECIAL EXCEPTION------ DATE: Q PROPERTY PARCEL NO. 1003255001 ZO .;;" -J o -"- ~C\ 15 Foster Road Iowa City. IA .:< F;; r=) 2:7 ~/' """- PROPERTY LOT SIZE: 12.723 Acre$> 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 r---' (:::;) <:::> co ~'i. :;':;J ~'O -n -1 -0 r- , tTl r-1 '-.-1 ...;.,..... o N - 2 - 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.) o :2:0 :"'>=1 , 0-<- =iCj /- -~ I - - nl :1::\["" -0 ::0 Il -..1 r- -0 ::;:: m r-\ .........1 -~- -"!""< C-')~ -,~/..., ""'- )> - .. C) f'v - 3 - 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 ~ )> ==j :AJ -< 0' -.J :::\ (".~; 4. Adequate utilities, access roads, drainage and/or necessary facilities have1)~1\l or~ are being provided. 0 ~ _ s' .. <- 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. ~-Tl - '-'- ill o - 4 - 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. r-...:> 0 = ~ >0 (.:].;:;) > )'>-, 1:.1 -' ~..J !l ~ C) " .-- =iC) -..J , -" r-- iTl ~, fTl -0 5 -71 :Jl: 1---' ::::'::: \T....,.../ <;: /" - :t> .. 0 N - 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 See Attachment "01" and "02". o ~O )>--1 --< O' -'~ f'-~ -j\.~..? --,r-' .. III r..J 2:~ :.;:/., )> f-.) -C::;:l = (,;'"J:> :P'" -\) ?O -n ,...- --J -0 3 rn r-I \..J - .. <::) N - 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-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: 4 //1 /~"r, , 20J}L I I Signature(s) of Applicant(s) Date: ,20_ o 'S-C') :f;; ::::\ f''''-J c::::> C} cO .,~'"' "'\:.1 :;.0 -n -- r- ppdadmin\application-boase.doc Signature(s) of Property O~pe!(s) ~ if Different than Applicant(~)\ (). ::-<. ~,\ ::s --~ ~ O,-/~:, - ;:;.' '/-- .. Z 0 J>' N n1 CJ