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HomeMy WebLinkAbout01-10-2018 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT MEETING Wednesday, January 10, 2018 — 5:15 PM City Hall, 410 East Washington Street Emma Harvat Hall AGENDA A. Call to Order C. Consider the December 13, 2017 minutes D. Nomination and selection of Board Chair and Vice Chair E. Special Exception Item 1. EXC17-00009: An application submitted by McDonalds USA LLC for a special exception to allow expansion of a drive -through in the Community Commercial (CC- 2) zone located at 804 S. Riverside Drive. This is an opportunity for the Board to ask any general questions about its role or issues related to review of applications. H. Adjourn NEXT BOARD OF ADJUSTMENT MEETING: Wednesday, February 14, 2018 If you will need disability -related accommodations in order to participate in this meeting, please contact Sarah Walz, Urban Planning at 319-356-5239 or at sarah-waiz@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. STAFF REPORT To: Board of Adjustment Item: EXC17-00008 804 S. Riverside Drive GENERAL INFORMATION: Applicant: Contact Person: Property Owner: Prepared by: Sarah Walz Date: January 10, 2018 McDonald's USA 1650 W 82n, Street, Ste. 900 Bloomington, MN 55431 (952) 486-4163 Bdan.Smith@us.mcd.com Joel Jackson Bishop Engineering 3501 100 Street Urbandale, IA 50322 (515) 276-0467 backson@bishopengr.com Dallas Robertson 4293 Maureen Terrace Iowa City, IA 52240 David Robertson 2260 Balsam Court Iowa City, IA 52240 Charles Hippie Trust 590 West Forevergreen Road North Liberty, IA 52317 Requested Action: Special Exception to allow an expansion of an existing drive -through facility in the Community Commercial (CC-2) zone. Purpose: Location: Size: Existing Land Use and Zoning: Convert the existing single -lane drive -through facility to provide side -by -side order board lanes. 804 S. Riverside Drive Approximately 1 acre Commercial (CC-2) Surrounding Land Use and Zoning: North: Commercial (RC-WRC) and Trailhead access (P-1) South: Commercial (CC-2) East: Vacant (CC-2) West: Commercial (CC-2) 2 Applicable code sections: 14-4B-3A (General Criteria), 14-4C-2K (Drive - through criteria) File Date: BACKGROUND: October 20, 2017 The McDonald's Corporation has requested a special exception to expand its current drive - through facility located at the southeast corner of Riverside Drive and Benton Street. The proposal is part of a restaurant remodel that will also include two small building additions (approx. 545 sq. feet for new entrances on the west and south sides of the building). The established drive -through circulates around the rear (east side) of the building, where a single order board is located. Service windows (for payment and food pick-up) are located on the north side of the building, facing toward Benton Street. The applicant proposes to eliminate 6 parking stalls along the east property line in order to expand the existing single -lane drive - through facility in order to provide side -by -side order boards and lanes (see sheet C2.2). The special exception that originally established the current drive -through facility was approved in 1998. At that time the Board of Adjustment expressed concern about the high level of traffic at Riverside Drive and Benton Streets but chose not to restrict two-way access at the curb cut on Riverside Drive. In the findings they noted: "The situation at this intersection may result in delays, but if delays are experienced by customers trying to access and leave the site, this may serve to discourage use of the site at peak traffic time and, in a sense, be a self-regulating mechanism to keep vehicle trips at the restaurant at acceptable levels." In 2012, the Board of Adjustment approved a special exception to expand the drive -through with an additional order board and lane —a proposal very similar to this application. The Board placed a set of conditions for approval, including enhanced landscaping along the Benton Street frontage and a requirement that the property provide a cross access easement in the area near the driveway on Benton Street in order to allow a consolidated driveway to serve both McDonalds and the adjacent property to the east (the Mumm's site). The consolidation of curb cuts and cross access would occur at such time as the adjacent property is redeveloped. Following the approval of the special exception, the applicant worked with staff on various sketches for a shared drive and circulation system, but were unable to come up with a viable plan. The 6-month term of the special exception expired and the second order board and lane were never constructed. This McDonalds site, which consists for two parcels, is zoned Community Commercial (CC-2). The site is also within the boundaries of the Riverfront Crossings —West Riverfront Subdistrict. Drive —through facilities associated with restaurants are allowed by special exception in both the CC-2 and in the West Riverfront Subdistrict. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare, to conserve and protect the value of property throughout the city, and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the specific criteria included for Section 14-4C-2K pertaining to Drive -Through uses in addition to the general approval criteria for special exceptions as set forth in Section 14-4B-3A. The applicant's comments regarding each of the specific and general standards are included on the attached application form. Staff comments related to the specific and general approval criteria are set forth below. Specific Standards (14-4C-2K) a. Access and Circulation: The transportation system should be capable of safely supporting the proposed drive -through 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, separation of curb cuts, and pedestrian safety in addition to the following criteria: (1) Wherever possible and practical, drive -through lanes shall be accessed from secondary streets, alleys, or shared cross access drives. If the applicant can demonstrate that access from a secondary street, alley, or shared cross access drive is not possible, the board may grant access to a primary street, but may impose conditions such as limiting the width of the curb cut and drive, limiting the number of lanes, requiring the drive -through bays and stacking lanes to be enclosed within the building envelope, and similar conditions. FINDINGS: The property is currently accessed from curb cuts on the two adjacent arterial streets: Riverside Drive and Benton Street. No cross access drives to other properties exist at this time and no additional access or changes in access are proposed as part of this application. The curb cut on Riverside Drive does not meet the City's current access standards, which require the following: "along arterial streets, there must be a minimum of one hundred fifty feet (150') between the end of a radius of a street intersection and the beginning of a driveway curb cut as measured at the curb line." The existing curb cut on Riverside Drive is located less than 100 feet from the Benton Street intersection. This curb cut functions satisfactorily for right turning (northbound) vehicles; during peak hours, southbound vehicles experience difficulty turning left into the Riverside entrance and may rely on the Benton street entrance. At this time, the adjacent property to the east (the Mumm's property) and property to the south (the lot between McDonalds and Staples) are both vacant and zoned CC-2. If brought into the Riverfront Crossings zone, the development potential of these lots increases as this would allow mixed use development (residential uses allowed on upper floors with commercial at the ground level). As these sites and others in the area of the West Riverfront Subdistrict redevelop they will likely add to vehicular and pedestrian traffic and congestion along adjacent sections of Benton Street and Riverside Drive. (The owner of the Mumm's property will be required to provide cross access to the property to the south, which should help to address some of this concern in the future as these properties develop.) As was done in 2012, Staff has reviewed various cross access points to serve these properties. Given the intensity of traffic near the Riverside and Benton intersection, Staff would recommend a cross access drive at the southwest end (see point 1 on aerial photo) of the McDonald's site only if the entrance drive from Riverside Drive is closed and/or consolidated with an entrance drive to the adjacent lot to the south. Closing the current McDonald's driveway from Riverside would depend on the establishment of a new driveway on the adjacent property to the south, which is under separate ownership. Because McDonald's cannot compel the adjacent property owner to create this driveway the opening of this easement this would be a long-term solution. While the cross access at the southeast portion (see point 2 on the aerial) of the McDonald's site could be opened to allow vehicle access across the property, it provides little usefulness in terms of circulation for either property and would conflict with the proposed layout of the McDonaids site —the trash enclosure (in its appropriate location) and possibly the second drive lane and parking along the east property line. Finally, staff completed a re-evaluation of the Benton Street drive entrance to the Mumm's site and determined that the sight line issues associated with this drive can be remedied by modifying the concrete rail on the south side of the bridge. Staff concluded that consolidation of curb cuts (see point 3 on the aerial) is not necessary or advised between the McDonalds and Mumm's properties. (2) To provide for safe pedestrian movement, the number and width of curb cuts serving the use may be limited. A proposal for a new curb cut on any street is subject to the standards and restrictions in chapter 6, article C, "Access Management Standards", of this title. FINDINGS: No additional curb cuts are proposed as part of this application. (3) An adequate number of stacking spaces must be provided to ensure traffic safety is not compromised. A minimum of six (6) stacking spaces is recommended for drive - through facilities associated with eating establishments and a minimum of four (4) stacking spaces for banking, pharmacies, and similar nonfood related drive -through facilities. "Stacking spaces" shall be defined as being twenty feet (20') in length and the width of a one lane, one-way drive. The board may reduce the recommended number of stacking spaces if the applicant can demonstrate that the specific business has unique characteristics such that the recommended number of parking spaces is excessive (i.e., a drive -through that is to be used for pick up only and not ordering). FINDINGS: The site plan submitted for the proposed drive -through shows adequate space for 7 vehicles to stack between the pick-up window and the order boards with additional stacking at the order boards. (4) Sufficient on -site signage and pavement markings shall be provided to indicate direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to ensure safe vehicular and pedestrian movement. FINDINGS: As shown in the site plan (Sheet C2.1) pavement markings, including lane striping and directional arrows along with signage at the entrance from Riverside Drive and proposed signage over the order board area, will direct vehicles through the drive -through. Landscaped islands between the order boards and in the area adjacent to the pick-up lane help to direct traffic and separate vehicle lanes as drivers navigate the site. b. Location: (1) In the CB-2 zone and in all subdistricts of the Riverfront Crossings district located east of the Iowa River, drive -through lanes and service windows must be located on a nonstreet-facing facade. In all other locations where drive-throughs are allowed, this location standard must be met, unless the applicant can demonstrate that a street - facing location is preferable for the overall safety and efficiency of the site, does not conflict with adjacent uses or pedestrian access, and does not compromise the character of the streetscape or neighborhood in which it is located. FINDINGS: The shape of the lot and the location of existing curb cuts along with the existing building footprint, limit the opportunity to reconfigure the drive -through lane or service window location. Moving the pick-up window to the east or south side of the building would result in cars stacking in areas along the front (west) side of the building or into the drive entrance from Riverside Drive. This would likely create conflicts with pedestrians and vehicles accessing the site. An argument may be made that the current configuration of the McDonald's site compromises the character of the streetscape or neighborhood in which it is located. Allowing the expansion of the drive -through delays the opportunity to improve the streetscape as envisioned in the Riverfront Crossings Plan and the South Riverside Drive Streetscape Plan. The second drive -through lane eliminates 6 parking spaces from the rear of the site, shifting the demand for parking to other areas where pedestrians are more likely to be, particularly the west side of the site, in front of the restaurant. This area of the street, near the busy intersection also includes a bus stop where there is no setback between the sidewalk and curb line. Both the Riverfront Crossings Plan and the South Riverside Drive Streetscape Plan call for additional right-of-way along Riverside Drive and a small portion of Benton Street to allow for improvements of the pedestrian environment: 6-foot wide sidewalks set back 14-feet from the street as well as installation of ADA curb ramps at the intersection. The setback between sidewalk and street pavement is intended to provide space to establish street trees and other improvements (e.g. street lighting) called for in the plan. The South Riverside Drive Streetscape Plan contemplated how the pedestrian environment could be improved given the current site layout of the McDonalds property. The existing setback (unpaved area) along the riverside drive frontage provides sufficient space to allow planned improvements for pedestrians. The illustration below, from the streetscape plan, shows the intended improvements with a screen wall or planter substituting for the required parking area setback and screening along Riverside. Staff recommends approval of the special exception be subject to a condition that allows for these improvements. This be accomplished through a right-of-way dedication or public access and utility easements that allow for installation of the improvements. Illustration of a proposed concept for the ry Mi W i W,nJm CWu lalwau — southeast corner of the Riverside- ._ ` Benton intersection from the South leraaliw, Lnpmananla=- Riverside Drive Streetscape Plan. The 4rLanm[. gala • _•«_.... i illustration shows a new 6-foot wide sidewalk set back from the street with a _ « .w,w• landscaped area and street trees —I ;'� ;.,' beemwn. � rP�,P.n ' ••�-+•� separating traffic lanes from the ti- PO-•aM �•L-.P pedestrian area. ADA curb ramps are .LM• Ii'M IVAbm"nLW Pm, mLA install at the intersection. FWePw,N•rw Pa•Ivw Lor Sr•Pan MP rr—rr e. o-sn,i.ro In exchange for granting an easement to this area, along both frontages, the Cn r •a eoP r ! t applicant may maintain parking at the m ' � ,•r.•.aaw=• providin ascreen front of theproperty,g o �. 1 T.•n'im YrO,weHp � � wall along Riverside Drive instead of the p usual required 10-foot setback. r m: -. N The submitted site plan shows the required S2 screening along the Benton Street frontage. Given the emphasis on screening views of the use along street frontages, staff recommends that 50% of the shrubs be of an evergreen variety. Also, addition trees (1 large tree for every 30 feet of frontage) in this area will help reduce views of the drive -through. Existing trees would count toward satisfying this condtion—two or three additional trees may be required. (2) Drive -through lanes must be set back at least ten feet (10') from adjacent lot lines and public rights -of -way and screened from view according to the design standards below. FINDINGS: Drive -through lanes are set back no less than 20 feet from adjacent lot lines. c. Design Standards: 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 in which the use is located. The Board of Adjustment may increase or reduce these standards according to the circumstances affecting the site. (1) To promote compatibility with surrounding development, the number of drive - through lanes should be limited such that the amount of paving and stacking space does not diminish the design quality of the streetscape or the safety of the pedestrian environment. FINDINGS: The McDonald's site is surrounded by commercial zoning on all sides. While properties to the east and south are currently vacant, the City has considered a proposal for mixed use development in this area in the recent past, though no development plans are currently being considered at this time. The McDonald's site falls within an area that is part of the Riverfront Crossings -West Riverfront Subdistrict, Properties to the north of Benton Street, on both the east and west sides of Riverside Drive and as far west as Orchard Street, have been rezoned and redeveloped under the Riverfront Crossings form -based code. While the McDonald's property is not required to be rezoned in order to expand the drive -through (and the applicant is not requesting a rezoning), the intent is for properties and development to comply with the vision set forth in the comprehensive plan (Riverfront Crossings Master Plan) and the South Riverside Drive Streetscape to the extent possible or, at a minimum, to avoid changes that would be counter to the vision and goals of the plans. The improvement of the streetscape to enhance safety and accessibility for pedestrians as they move along the commercial corridor is a central goal of these plans. The drive -through circulation for the McDonald's site relies on a drive vehicle circulation between the building and Riverside Drive. This limits opportunity to create the sort of pedestrian friendly environment envisioned in these various plans. An arrangement that allows for the relocation of the sidewalk as illustrated above would help to transition this frontage to the pedestrian friendly development envisioned in the Riverfront Crossings Plan and the South Riverside Drive Streetscape Plan. (2) Drive -through lanes, bays, and stacking spaces shall be screened from views from the street and adjacent properties to the S2 standard. If the drive -through is located adjacent to a residential use or property zoned residential, it must be screened from view of these properties to at least the S3 standard. FINDINGS: See b(1) above with regard to screening along the Benton Street frontage. The property is not adjacent to any residential use. (3) Multiple windows servicing a single stacking lane (e.g., order board, payment window, pick up window) should be considered to reduce the amount of idling on the site. FINDINGS: An additional order board is part of the proposal. (4) Stacking spaces, driveways, and drive -through windows shall be located to minimize potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding landscape and streetscape design of the neighborhood in which it is located. FINDINGS: See items c(1) and c(2) I."rPl� (5) Lighting for the drive -through facility must comply with the outdoor lighting standards set forth in chapter 5, article G of this title and must be designed to prevent light trespass and glare onto neighboring residential properties. FINDINGS: Any new lighting for the site must meet current code standards and will be reviewed as part of the building permit process. (7) Loudspeakers or intercom systems, if allowed, should be located and directed to minimize disturbance to adjacent uses. Special consideration should be given to locations adjacent to residential uses to ensure such systems do not diminish the residential character of the neighborhood. FINDINGS: Intercom systems and order boards are directed toward the east southeast. Adjacent properties are vacant at this time. Mixed -use development has been proposed for these properties in the past, but no development proposals are under consideration at this time. General Standards (14-48-3) 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. In addition to the findings provided under specific criteria above with regard to vehicle access, drive -through location, and directional signage and markings, staff believes the application satisfies this criterion based on the following findings: • Riverside Drive and Benton Street are designed to accommodate the levels of traffic generated by commercial uses such as drive-throughs. • The drive -through lanes are located more than 100 feet from the entrance on Riverside Drive. • Access to Benton Street provides an alternative entry and exit point during peak traffic times. 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. In addition to the findings provided under the specific standards and general standard 1, staff believes the application satisfies this criterion based on the following findings: • The proposed drive -through lane and order board will be located toward the rear of the building and the subject property is surrounded by vacant commercial (CC-2) property. • Views of the drive -through service windows will be minimized by installation of S2 screening along the Benton Street frontage. Staff believes that enhanced screening (50% evergreen) along with street trees (1 tree for every 30 feet of frontage) within the required parking area setback along the Benton Street right-of-way are appropriate to ensure this development does not detract from the goals of the Riverfront Crossings Plan. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. See comments above regarding development of adjacent sites in accord with the Riverfront Crossings Plan and the South Riverside Streetscape Improvement Plan. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Staff believes the application satisfies this criterion based on the following findings: • All necessary utilities and drainage are available at this site. Any changes effecting storm water drainage must be approved by the City Engineer. • Benton Street and Riverside Drive are designed to support large commercial uses. At this time, abutting properties to the east and south are vacant. As these sites,and others within the West Riverfront Subdistrict redevelop they will add to vehicle and pedestrian traffic along the adjacent sections of Benton Street and Riverside Drive. Planned improvements to the streetscape near this busy intersection will help to ensure safe pedestrian facilities as envisioned in the Riverfront Crossings Master Plan. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. Staff believes that the following findings support this criterion: • Because the drive -through is located to the rear of the site, with traffic circulating behind the commercial building, there is adequate space for vehicles to stack such that this will not interfere with public streets. • Having ingress and egress from both Riverside Drive and Benton Street will minimize traffic congestion. Because traffic on Riverside Drive tends to be heavy and slow -moving during peak travel times, access and exit will be self-regulating. Staff believes that drivers will likely rely on the Benton Street exit during peak travel times. • A. second order lane and menu board is intended to improve the efficiency of the drive -through use. 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 criteria for the special exception discourage the location of the service windows facing the street. While the submitted site plan indicates the required S2 screening within the setback along Benton Street, Staff recommends enhanced screening to include no less than 50% evergreen varieties and installation of street trees —one tree for every 30 feet of street frontage (no fewer than 8 trees). Tree species should be approved by the City Forester. 0 7. The proposed use will be consistent with the Comprehensive Plan, as amended. The Southwest District Plan calls for aesthetic improvements for property along the Riverside Drive Commercial Corridor, especially landscaping. Staff believes that the proposed site plan improves the attractive landscape features already present on the site. Installing additional perimeter screening and recommended trees will soften views of the parking area and drive -through, provide appropriate separation between vehicle and pedestrian areas, and enhance this highly traveled arterial street. The Riverfront Crossings Plan calls for improvements along Riverside Drive to improve pedestrian safety throughout the neighborhood. These goals are described in detail in South Riverside Drive Streetscape Plan. Additional right-of-way along Riverside Drive and a small portion of Benton Street are necessary to make these pedestrian improvements: 6-foot wide sidewalks set back 14-feet from the street and ADA curb ramps at the intersection, opportunity to bury utilities and the location of street trees and other improvements (e.g. street lighting). Through dedication of land or a public access and utility easement, the existing setback along the front (west side) of the parking area provides sufficient space to allow these planned improvements to the streetscape. STAFF RECOMMENDATION: Staff recommends approval of EXC17-00008, a special exception to allow an expansion of the existing drive -through facility in the Community Commercial (CC-2) zone, at 804 South Riverside Drive, subject to the following conditions: • Substantial compliance with site plan submitted with the following additional changes: o Along the Benton Street frontage, installation of required S2 landscape screen to include 50% evergreen species; installation of street trees, 1 per 30 feet of street frontage. o Right-of-way dedication or a public access & utility easement along the Riverside Drive frontage and Benton Street intersection to allow relocation of a 6-foot sidewalk to be set back approximately 14 feet from the curb in accord with the South Riverside Drive Streetscape Plan. o Prior to issuance of an occupancy permit, the applicant will contribute funds to pay the full cost of installation of a 6-foot wide sidewalk within the easement area as part the City's planned overlay project for the Riverside Drive -Benton Street intersection. o The applicant will plant required street trees within in the parkway in accord with the South Riverside Drive Streetscape Plan. o Applicant will construct a 3-4 foot screen wall or planter as described in the streetscape plan to be substituted for the required parking area setback and screening along Riverside. Design to be approved by planning staff. ATTACHMENTS: 1. Location map 2. Aerial photos of the site and surrounding commercial area 3. Proposed site plan 4. Application materials Approved by: Tracy, Hightshoe, Director Department of Neighborhood and Development Services i T. v'f" �e 4 , 11! a . T vaor L !p'�-�-•< <y ai • a• RRIERSIQE r ,fit W • - o �'i� � r i 'a E�fc1 �F �_ h f 4 w i z w i a J_ tt Ak ' ORCHARD.,.�,,� -, .J� smomAMP Hal -U&N 909 915 - 92-3 - w r eua l 1 �� r t M 6 A 4 , Hamp r.t.,.i` tour I 00 11_ Aerial view showing cross access points along the subject commercial block. 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Im STRIPING FUN~' .__ ._.----'---- nLP !� © F �.1, as N r� ' RELIMI A ' Y NQT F • R CtONST : UT7c; 111 PRELIMINAR - N • T FOR CONSTRUCTIBN APPLICATION TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION DATE: 10/17/2017 PROPERTY PARCEL NO. 1015257'004 PROPERTY ADDRESS: 804 S RIVERSIDE DR PROPERTY ZONE: CC2 PROPERTY Lot- SI%E: 47,553 SE APPL!CA NT: Name: MicDonald's USA, LLC (Vicky Stadther) Address: 1650 W 82nd St, Suite 900, Bloomington, MN 55431 Phone: (952) 275-5559 cci;'TACT PERE01 : Name: Bishop Engineering (Joel Jackson) (if other that applicant) 3501 104th St, Urbandale, IA 50322 Arldrees: (515) 276•-0467 Phono: PROPERTY OWNER: name: McDonald's Corp (If other than applicant) Address: 1650 W 82nd St, Suite 900, Bloomington, MN 55431 (952) 275-5559 Phone: Specific Requested Speclal Exception; pleas ilat the dfilscriptlon and secoofa wwriberri-M the zoning come that addresses th3 specific special exception you are• `11.19. it y' ; cannot find this Information or do not know which sevilon of t 1a code td I 'A ilgpiwi contact Sarah ;.n:P,? 't 356-5?39 or e•:naall sarar'r• ! �90>� cPr�r.osg. G717-1 Purpose for special. exception: 14-43-4 Se(tion 8-10-b: Drive-thruwin-lows & drive thru lanes ere prohibited Date of previous application or appeal filed, If any: 'I/A -3- ►�. GenEraE Anrsroval Crit®ria: In addition to the specific approval criteria addressed in "C" the Board must also find that the requested special exception rnei- the following genera! approval critr;r � or that the fo!!c,kving. criteria do not apply. in the space providad boloiu, or on an attached she.,+, csrovide sr acif9c informa#tan. not just opinlons, that darronsi:rete that the spe(;!Flc requested special exception meets the ga=r€eNII approvai criteria listed below or that the approval criteria are not relevant in your particular case. 1. Tro specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welt"are. We will be converting the singe lane drive-thru to a side -by -side drive-thru, allowing for vehicles to go through the drive-thru at a faster pace. This will have positive affects on the site and surrounding area by reducing drive-thru stacking and reducing vehicle wait times. This time reduction will in turn, not only reduce greenhouse gas emissions but also increase the visual affects to the site by not having as many vehicles stacked, waiting for the drive-thru. It shall also be noted that the building is being remodeled as part of the process, making the building much more desirable to the City of Iowa City and it's citizens. 2. 'fie specific proposed exception vvill 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 adjacent land owners are Staples to the south, Jamba Juice and Bruegger's across Benton St to the north, Subway across Riverside Dr to thw west, and a vacant building to the east. A drive-thru is consistent with the surrounding land uses. 3. cssa`ui!shmount of the sp"Ific proposed excapi;Qn Mil not impede tiz normal and orderly development and improvement of the surrounbr uses permitted in the district in vehlch such property is locat�il. jpr i r The proposed improvements will no alter the site circulation patterns.=Tij� y surrounding properties are already developed (with the exception to vacanV1-t building) and function consistent with driver expectation and well tie lop-&, defined circulation paths. Access onto and off the property is via Wit assess both Riverside Dr and Benton St. .r, 4. Adequate utilities, access roads, drainage ardlor necessary facilities have been or are being provided. All existing utilities and access points will be used and maintained. No additional facilities will be necessary for the scope of this project. -4- 5. Adequate measures have been or will be taken to provido ingress or egress designed to minimise traffic congastlon on public streets. Our site access directly to both Riverside Dr and Benton St. Stacking and access on our site will not directly have any negative impacts on the public streets and is not changing with the proposed construction. 6. Except for the specific regulations and standards applicable to the special exception being considered, the specific proposed eception in all othor respecN. 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 iosd to ba met. The applicant viii dsrnonstrab compliance with the specific con0lions required for a p2r2culcr use as provided °a the City Code section V-43 as well as requirements listed in the bass zo:ie er apisi robin overlay zone and applicable site development standards (M-SA tbrough 11q.] We agree that to the best of our knowledge, we are or will be in compliant will all applicable city codes relevant to the development of the site plan and Its associate improvements. 7. The proposed use will be consistent with the Comprehensive plan of the City. The Comprehensive Plan designation Is community commercial. McDonald's as a use meshes well with this designation. o $ --are �y 0 NOTE: Condi i o n-. 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 restrictlons, increased minimum yard requirements, parking requirements, limitations on the duration of a use or ownership or any other requirement which the Board deems appropriate under the circumstances upon a finding that the conditions are necessary to fulfill the purpose and Intent of the Zoning Chapter. (Section 14-8C-2C4, City Code). Qrders. 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, uniess the applicant shall have taken action within the six (6) month period to establish the use or construct the butidIng permitted under the terns of the Board's decision, such as by obtaining a building permit and proce-eding 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 appticatica. (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 arty taxpayer or any officer, department or board of the City may present to a court of racord 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 Corle). S,rch petition shall be presented to the court within thirty (44) days after the filing of ine decision In the office of the City Clerk. Mute: 11!2--07 20 YJ €yna?crefs) of Appiicant(s) (rate: 20, ppdadm1nWppfi=6w-bwsaA1oc %Agnature(s) of propertijbwner(s) if (different than Ap�+lica�(s) , �— tv t2 C3 ip� 1 MINUTES BOARD OF ADJUSTMENT DECEMBER 13, 2017 — 5:15 PM EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT CALL TO ORDER: PRELIMINARY Gene Chrischilles, Connie Goeb, Bryce Parker, Becky Soglin, Tim Weitzel Susan Dulek, Sylvia Bochner, Sarah Walz Donovan Trana, Becci Reedus The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Soglin outlining the role and purpose of the Board and the procedures that would be followed during the meeting. CONSIDER THE OCTOBER 11, 2017 MINUTES: Weitzel moved to approve the minutes of October 11, 2017 with revisions discussed. Goeb seconded the motion. A vote was taken and the motion carried 5-0. SPECIAL EXCEPTION ITEM EXC17-00009: Discussion of an application submitted by Donovan Trana for a special exception to reduce the front principal setback requirement to allow a non -required parking space in the Low Density Single -Family (RS-5) zone single-family zone located at 2205 D St. Bochner presented the staff report noting this property is located on a corner lot with frontage on D Street and 2nd Avenue. The applicant would like to construct additional parking on the west side of the property off of 2nd Avenue. Bochner stated that the Single-family Site Development Standards do allow for the construction of up to three non -required parking spaces within the front principle dwelling setback provided that the driveway leads directly to a parking space that is not located In the front principle setback. With this property the applicantwould have the right to construct a drive leading to a parking space located beyond the 15-foot setback. The applicant is requesting a special exception to reduce the front setback to decrease the amount of paving for the drive/parking space. Bochner showed on the map that the majority of the proposed parking space would be located within the 15-foot setback along 2nd Avenue. Bochner explained that the decision facing the Board is not whether or not the applicant can build an additional drive and parking pad, the decision is whether he may reduce the length of the drive so that the parking space lies within the front principal setback. Board of Adjustment December 13, 2017 Page 2 of 7 The specific standards related to parking and setbacks focus on ensuring that the reduction won't be contrary to the intent of the setback regulations or harmful to surrounding properties. Bochner noted this case is somewhat unusual because it is a corner lot with principal front setbacks on both 2"' Avenue and D Street and it is also a small lot with no alley access. Bochner stated that the principal building setback regulations are meant to maintain light, air, privacy and fire protection access to buildings and reflect the building scale of the neighborhood. In this case, because no structures are proposed, the intent has more to do with more preventing vehicles from blocking sidewalks and preserving the residential and pedestrian character of the neighborhood. In this case, the special exception would not be contrary to those purposes; the reduction of the setback would provide parking for just one vehicle on a narrow 12 foot drive. Bochner pointed out that currently there is not a sidewalk on the 2"' Avenue frontage, but the City has installed a curb ramp on the corner of 2"' Avenue and D Street. If a sidewalk were to be installed in the future a vehicle would not obstruct that sidewalk if parked in the proposed parking space. Additionally this special exception would not change the character of the neighborhood as other homes in the neighborhood have their vehicle access from the street and not from an alley. Bochner stated that staff does recommend that the conditions specify that the setback reduction only applies to the storage of personal vehicles. The zoning code prohibits parking any vehicle longer than 20 feet (such as a RV, trailer, or boat) in the front setback; including this condition in the special exception would help with enforcement if there is ever an issue with storing anything other than a personal vehicle in the parking space. Bochner reviewed the general criteria for special exceptions and noted they deal more with public health, safety, comfort or general welfare and to ensure the special exception does not have negative consequences for neighboring properties or the general public. Staff has found that there are no safety concerns related to reducing the setback for the parking pad. Visibility is good in this location and would not be impacted by reducing the length of the driveway. Bochner reiterated that this portion of 2"' Avenue does not currently have a sidewalk but the City does plan to provide one in the future. Reduction of the setback will not affect that future sidewalk in this location. Because the proposed parking pad is accessed through a narrow 12 foot driveway staff believes there are no negative impacts on adjacent properties. Additionally the parking pad and driveway meet all other zoning requirements, a curb cut must be granted by the City Engineer to ensure the driveway meets separation standards from the adjacent driveway to the south and the intersection to the north. Staff recommends approval of EXC17-00009, an application for a reduction in the front principal setback for property located in the Low Density Single- Family (RS-5) zone at 2205 D Street subject to the flowing conditions: • The reduction in the setback is for the purpose of installing a driveway and parking pad only. • Substantial compliance with the site plan provided, with the parking area extending 20'8" from the front property line on 2"' Avenue. • This parking area shall be limited to the storage of personal vehicles only. No storage of recreational vehicles or other items within this area. Weitzel asked about the parking situation in the neighborhood, is it difficult to park on the street? Bochner noted there is street parking available and this property also has a driveway leading to an attached one -car garage from D Street. Parker asked if there was a timeline for the installation of the sidewalk. Walz stated the curb ramp was installed recently and the City has an infill sidewalk program to fill in sidewalks in places where they are not as time and resources are available. Board of Adjustment December 13, 2017 Page 3 of 7 Soglin opened the public hearing. Donovan Trana (2205 D Street) appreciates the Board's consideration because the streets in that area vary in width, parking is allowed on both sides of the street making it sometimes hard to get through and there are a lot of cars with mirrors missing which makes it concerning to park on the street. Soglin closed the public hearing. Goeb noted this sounds like a reasonable request and a valid solution. Weitzel noted it does reduce the ground cover in the yard but the applicant answered his question of why they need off street parking. Goeb recommends approval of EXC17-00009, an application for a reduction in the front principal setback from for property located in the Low Density Single- Family (RS-5) zone at 2205 D Street subject to the flowing conditions: • The reduction in the setback is for the purpose of installing a driveway and parking pad only. • Substantial compliance with the site plan provided, with the parking area extending 20'8" from the front property line on 2nd Avenue. • This parking area shall be limited to the storage of personal vehicles only. No storage of recreational vehicles or other items within this area. Parker seconded the motion. Goeb stated that regarding agenda item EXC17-00009 she concurs with the findings set forth in the staff report of December 13, 2017, and conclude the general and specific criteria are satisfied. So unless amended or opposed by another Board member she recommends that the Board adopt the findings in the staff report as our findings with acceptance of this proposal. A vote was taken and the motion carried 5-0. Soglin stated the motion declared approved, any person who wishes to appeal this decision to a court of record may do so within 30 days after this decision is filed with the City Clerk's Office. SPECIAL EXCEPTION ITEM EXC17-00010: Discussion of an application submitted by the Crisis Center of Johnson County to allow an expansion of a Community Service Use located in the Intensive Commercial (CI-1) zone at 1121 Gilbert Court. Walz began the staff report showing the location of the property on a map, noting that other uses in the neighborhood include various other community service providers (Salvation Army, Mayors Youth Empowerment) and the Crisis Center itself is part of a social services campus with the adjacent building at 1105 Gilbert Court. The two properties function together in terms of parking and circulation, and clients often receives services from both buildings. The two buildings together provide 79 parking spaces and the circulation function between the two properties improves things for both properties. Walz explained that when the 1105 Gilbert Court Board of Adjustment December 13, 2017 Page 4 of 7 project went in a number of years ago the two sites were brought up to date in terms of parking layout, setbacks, bicycle parking, etc. Additionally they consolidated a curb cut which allowed for more on street parking which is in demand on Gilbert Court. Walz explained that the proposal before the Board is a small addition (vestibule area) for the Crisis Center. It will allow for reorientation of the interior of the building, due to the growth of the use of the Crisis Center and growth in the amount of fresh produce provided by local food producers which has created a need for additional cooler space. With regards to the criteria Walz noted that staff look at is if the exception will change the overall nature of the facility which in this case it is not. This will actually allow the facility to do what it does more efficiently, it will not disrupt the parking on the property, doesn't' change the vehicular circulation on the property or what is being done on the property. Staff recommends approval of EXC17-00010 an application for a General Community Service Use in the Intensive Commercial (CI-1) zone at 1121 Gilbert Court, subject to the following conditions: • Substantial compliance with the submitted site plan. • Dumpster should be screened from view of the street by solid or semi -solid fence enclosure. Parker asked about the total square footage of the existing building. Walz was unsure but thought the applicant could answer. Soglin asked about the pallets stacked around the building and where the pallets will go once the addition is built. Walz stated the applicant could address that question. Soglin opened the public hearing. Becci Reedus (Executive Director, Crisis Center) answered the pallet questions stating they would be taking one parking space and use that to store pallets. Reedus said that prior to the addition the building square footage is about 7200 square feet and will be close to 8000 with the addition. Reedus stated that due to the increase in clients this addition is needed. The warehouse was constructed in 2003 and in the time of 2003-2008 they served about 400-600 families per week and they are now well over 1000 families per week. In constructing the addition of the vestibule it will allow them to gut the existing warehouse and provide for more pallet space to store extra food. In addition to all the clients that come into the Center, they also operate eight mobile sites for food and one school site, and they need storage for the mobile food as well. Finally Reedus wanted to add that they currently only have one client bathroom in their facility and this addition will allow them to add a restroom and become up to Code. Goeb asked about the mobile sites and if they were indeed mobile or just off -site locations. Reedus said there is a mixture, they do one school site at Tate School and another pantry at Southeast Junior High, but others are operated off a straight-line truck that the lease from Table to Table. Parker asked about the number of families that visit the Crisis Center. Reedus said it is about 1000 families per week and probably about 6000 families in total per month and 13,000 to 14,000 individuals per year. Parker asked what the maximum number of people the Food Bank could feed. Reedus replied it is unknown, they have never turned anyone away. Soglin asked if they would have any way to distinguish the area where pallets will be stored. Board of Adjustment December 13, 2017 Page 5 of 7 Reedus said they had not been asked to do so, but is something they could consider. She noted the space could be striped as a no parking space to alert visitors not to park there. Soglin closed the public hearing Parker asked if they reduce the parking by the one space for the pallets will there be any issue Walz replied that the applicant is still well over their parking requirement. Chrischilles moves for approval of EXC17-00010 an application for a General Community Service Use in the Intensive Commercial (CI-1) zone at 1121 Gilbert Court, subject to the following conditions: • Substantial compliance with the submitted site plan. • Dumpster should be screened from view of the street by solid or semi -solid fence enclosure. Weitzel seconded the motion. Goeb stated that regarding agenda item EXC17-00010 she concurs with the findings set forth in the staff report of December 13, 2017, and conclude the general and specific criteria are satisfied. So unless amended or opposed by another Board member she recommends that the Board adopt the findings in the staff report as our findings with acceptance of this proposal. A vote was taken and the motion carried 5-0. Soglin stated the motion declared approved, any person who wishes to appeal this decision to a court of record may do so within 30 days after this decision is filed with the City Clerk's Office. REVIEW BOARD PROCEDURES: Walz noted that every year the Board reviews the procedural rules, one of which is the nomination of board chair and vice chair is in January so that agenda item will be executed next month. Walz stated that very the Board does not often update or change procedural rules, however ast year they updated the title of the City offices to the current title (changing Planning and Development Services to Neighborhood and Development),. The procedural rules also now note a number of reference materials that are available online rather than in paper form,. Most importantly the Board clarified some language in the Code regarding recusals and abstaining from votes. Goeb had a question regarding the recusals, she had recused herself last year from the discussions regarding the Kinnick House and if in the future if something comes up with that property (say a setback or driveway issue) would she need to recuse herself again. Dulek said what is important is that everyone that comes before the Board is greeted with an impartial Board so that is the decision each Board member has to make is if they can be impartial on the topic given previous opinions on matters. Walz noted that, in the ten years she has served the Board, that members have always exercised great caution and disclosed any perceived conflicts such that this has never been an issue. Walz discussed controversial applications and reminded the Board that, as with any application, they are not allowed to discuss application with anyone, including staff or the media. It is the Board of Adjustment December 13, 2017 Page 6 of 7 public hearing where all information should be shared and reviewed Soglin suggested adding page numbers to the procedural document. Soglin also asked about Page 3 Article V regarding notice letters that go to any property owner within 300 feet of the subject property. Soglin asked whetheer renters of the properties could be notified. Walz said that staff had explored this, that notification is somewhat more complicated than it seems apartment numbers are not readily available. Staff posts the signs for this reason: that there may be other people in the neighborhood who have an interest in the property who will not be notified by mail. Walk indicated that the signs often generate more interest than the letters. Soglin also questioned Article VII under Records where it states the recordings shall be kept for a period of no less than six weeks. She noted there are times when the Board does not reconvene for eight or even twelve weeks. Walz said the six weeks is the procedural obligation but as far as she knows the recordings are kept for quite some time longer than the six weeks. NOMINATION AND SELECTION OF BOARD CHAIR AND VICE CHAIR Walz explained that at the first meeting in the new year, a new chair and vice chair would be nominated and voted on. The tradition has long been to go with tenure, however that is not a requirement. She noted that Chrischilles and Goeb are the most tenured members. If either would like additional training or any guidance from staff, that is available. The nomination and vote is deferred to January meeting. Soglin thanked her fellow board members and staff for their service in the time she was on the board. Board members in turn thanked Soglin. ADJOURNMENT: Weitzel moved to adjourn this meeting Chrischilles seconded the motion. A vote was taken and the motion passed 5-0 H z W D a LL O O m O U W W U z a z W H Q N X X X X X 04 c X X X X X r I W W X X X rn O O v X X X X X 0 X X X X X N W X X X X v O X X X X X N X X X X N XN O m cn N N 1 1 N W O O O O O N N N N N w W F W Z W (7 W Z Z J U m O J m F W U U Z W Y ton W a F UU W a U N