HomeMy WebLinkAbout02-14-2018 Board of AdjustmentCITY OF IOWA CITY
IOWA CITY BOARD OF ADJUSTMENT
February 14, 2018
5:15 P.M.
Emma Harvat Hall
STAFF REPORT
CITY OF IOWA CITY
Department of Neighborhood & Development Services
IOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, February 14, 2018 — 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
AGENDA
A. Call to Order
B. Roll Call
C. Consider the January 10, 2018 minutes
D. Special Exception Items
1. An application submitted by Thomas McInerney for a special exception to allow a drive -
through restaurant in the Community Commercial (CC-2) zone located at 51 S. Riverside
Drive (Gateway Plaza).
2. An application submitted by Prestige Properties LLC for a special exception for
reductions in the principal building setback requirements for property located in the
Community Commercial (CC-2) zone located at 408 S. Gilbert Street.
E. Board discussion
This is an opportunity for the Board to ask any general questions about its role or
issues related to review of applications.
F. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING:
Wednesday, March 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-walz@iowa-city.org. Early
requests are strongly encouraged to allow sufficient time to meet your access needs.
STAFF REPORT
To: Board of Adjustment
Item: EXC18-00001
51 S. Riverside Drive
Parcel number: 1016407001
GENERAL INFORMATION:
Prepared by: Sarah Waiz
Date: February 14, 2018
Applicant: Green Gateway One LLC
51 South Riverside Drive
Iowa City, IA 52246
Contact Person:
Property Owner
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable code sections:
File Date:
Thomas McInerney, Architect
1208 Marcy Street
Iowa City, IA
319-331-0365
Green Gateway One LLC
51 South Riverside Drive
Iowa City, IA
Special Exception to allow drive -through facility in
the Community Commercial (CC-2) zone.
To establish a drive -through lane for a new building
and use in an existing shopping center.
51 S. Riverside Drive
9.12 acres
Commercial (CC-2)
North: Commercial (CC-2)
South: Commercial (CC-2)
East: Public (P-1)
West: Commercial (CC-2)
14-4B-3A (General Criteria),
14-4C-2K (Drive -through criteria)
January 12, 2018
BACKGROUND:
The applicant has requested a special exception to establish a drive -through facility for a
restaurant to be constructed at the northeast corner of the Gateway Plaza on South Riverside
and Highway 1 West.
The proposed drive -through will be accessed from a frontage road that serves the entire shopping
center. Order boards will be located to the east of the restaurant building with a single service
F1
window for payment and food pick-up located on the north side of the building, facing toward the
frontage road, which is part of the Highway 1 right-of-way.
This property is located in the Community Commercial (CC-2) zone. As an expansion of the
existing shopping center, improvements will be required for the surrounding parking area to bring
it closer to conformance with the code standards for terminal islands and shade trees.
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 safety
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 has access from Highway 1 West and South Riverside Drive via a
frontage road, which is part of the public right-of-way. The frontage road provides circulation
around the large shared parking area that serves the Gateway Plaza shopping center as well
as adjacent properties to the west and south.
(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 5, article C, "Access Management
Standards", of this title.
FINDINGS:
• There are two primary access points to the proposed drive -through: an existing curb
cut from the north frontage road, which will be reduced in width to better control
access, and a new curb cut from the east frontage road (see site plan). During peak
morning hours, most vehicles will enter the site from these two access points. In off
peak hours, when other commercial uses are in operation, additional traffic is likely to
circulate to the site through the parking area.
3
• Sidewalks are not provided to this shopping center along the frontage road or highway.
The existing parking area is non -conforming with regard to parking area design
elements. The addition of the new building is considered an expansion of the shopping
center and trigger improvements to the parking area (e.g. landscaped areas at the end
of parking aisles, parking area trees, etc.). The applicant has submitted a concept plan
to indicate one possible way to improve traffic circulation within the lot —this includes
terminal islands to better control access along parking aisles.
• Particularly relevant to the portion of the site that will serve the new restaurant is a
reduction in the width of the curb cut from the frontage road to the north and a median
island that runs between the parking rows to thewest of the restaurant. These changes
will better direct vehicle traffic to the drive -through by more clearly marking traffic
aisles.
(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 6
vehicles to stack between the pick-up window and the order board with additional
stacking available within the parking area.
• The proposed use is a coffee service. Research indicates that coffee shops produce
some of the longest maximum queues of any land use. In high traffic areas, queues
can exceed 10 cars.' However, peak hours are generaffy limited to the early morning
when most businesses in the shopping center are not open to the public.
• There is adequate space for several additional cars to stack before impacting the
frontage road.
• The location of the drive -through is several hundred feet from the intersection with the
adjacent arterial street.
(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, directional arrows and other pavement markings are
provided including a stop bar and DO NOT ENTER marking at the exit of the drive -
through.
• Directional signs are shown near the two curb cuts from the frontage road (one to the
east and one to the north) to direct cars into the site.
• Additional signage marks the entry to the drive -through lane.
Spack, M., Moreland, M., de Leeuw, L., Hood, K (2012, February). Drive -Through Queue Generation.
Retrieved from http://countingcars,corn.
4
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 layout of the larger shopping center, which relies on access from the frontage road
rather than directly from the adjacent arterial streets, makes the location of the drive -
through less of a concern in terms of its impact on Highway 1 and Riverside Drive.
• Within the context of the larger shopping center and its parking area, the location of
the drive allows it to be fully separated from parking aisles and drives, thereby
minimizing conflicts with other users of the site.
• While there are no sidewalks on the south side of Highway 1 or along the Riverside
Drive frontage at this time, the location of the drive- through lane does not interfere
with the potential for the installation of pedestrian facilities in the future, which would
enter the site along the driveway access points at Highway 1 and Riverside Drive.
• The submitted site plan shows S2 screening along the north and east sides of the
drive -through. Staff recommends that 50% of the shrubs be of an evergreen variety.
(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: The drive -through lane is set back well over 10 feet from the east property line
and meets the 10-foot setback along the north property line.
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 site is surrounded by commercial zoning on the north, west, and south, property
to the east of Riverside Drive is zoned public. If the public zone should ever change it
is likely that the property would be zoned commercial due to its location at the major
intersection of two arterial streets.
• A single, 12-foot wide drive -through lane is shown.
• The site plan indicates that some areas of the shopping centerthat are currently paved
will be converted to green space, including median islands.
(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
4
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 north and east 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.
FINDING: The applicant has proposed a single drive -through lane with one order board and
service window.
(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) above.
(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 southeast.
• There are no residential properties in the vicinity of the site.
General Standards (14-413-3)
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 Highway 1 are designed to accommodate the levels of traffic
generated by large commercial uses.
• The drive -through lanes are located more than 100 feet from the shopping area
entrance drives to Highway 1 and Riverside Drive.
• The frontage road provides an additional level of separation from the heavy traffic
of the two arterial streets.
• While there are currently no sidewalks to serve this shopping center, the location of
the drive -through does not interfere with opportunities to establish pedestrian
access to the site in the future.
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 f,
staff believes the application satisfies this criterion based on the following findings:
• The proposed drive -through lane and order board will be located away from other
uses in the shopping center.
• Existing trees established within the Highway t right-of-way along with distance (it
is more than 80 feet from highway pavement to the property line) help to minimize
views of the drive -through. Required S2 screening along both frontage roads will
provide additional separation and screening.
• Improvements to the parking area to better define parking rows and aisles will help
to control and direct vehicles as they travel across the site.
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.
FINDINGS: The site is surrounded by commercial zoning on the north, west, and south,
property to the east of Riverside Drive is zoned public. If the public zone should ever
change it is likely that the property would be zoned commercial due to its location along a
major intersection of two commercial corridors.
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.
5. Adequate measures have been or will betaken to provide ingress or egress
designed so as to minimize traffic congestion on public streets.
FINDINGS:
• The proposed use relies primarily on access from the frontage road with additional
access from within the parking area.
• There is adequate space for 6 cars to stack in the drive -through lane with additional
stacking space within the private parking area to provide stacking for several more
vehicles along the parking aisle.
• While coffee service Is known to require additional queuing, peak hours of demand
are in the early morning when most other businesses are not open to the public.
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.
FINDINGS:
• The criteria for the special exception discourage the location of the service
windows facing the street. The submitted site plan indicates S2 screening within
the setback along both frontage roads, Staff recommends enhanced screening to
include no less than 50% evergreen varieties
• Existing trees established within the Highway 1 right-of-way along with distance
(it is more than 80 feet from highway pavement to the property line) help to
minimize views of the drive -through. Required S2 screening along both frontage
roads will provide additional separation and screening.
• All other aspects of the site not specifically addressed here (e.g, lighting, signage)
will be reviewed as part of building permit and site plan process and must meet
current code standards.
The larger parking area, which serves the shopping center is non -conforming with
regard to design elements (i.e. median/ terminal islands, landscaping, etc.).
Because the establishment of the restaurant is an expansion of the commercial
use, the applicant will be required to bring the parking area into conformance with
parking standards according to the standards for non -conforming development in
the code.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
FINDINGS: The South Central District Plan indicates this area as appropriate for general
commercial uses. The plan calls for improved landscaping along Highway 1 as a main entryway
to the city. Over time, with the development of other properties, including the Walmart and Aldi
sites and nearby auto dealerships, consistent and appealing landscaping has been established.
The landscaping for the proposed use should contribute to the overall aesthetic of the highway
entrance as well as its proximity to the Riverfront Crossings District to the north of the highway.
STAFF RECOMMENDATION:
Staff recommends approval of EXC18-00001, a special exception to allow a drive -through
facility for an eating establishment in the Community Commercial (CC-2) zone, at 51 South
Riverside Drive, subject to the following conditions:
• Substantial compliance with site plan submitted with the following additional changes:
o Along the north and east frontages, required S2 landscape screen must include
50% evergreen species.
ATTACHMENTS:
1. Location map
2. Proposed site plan
3. Elevations of the proposed use
4. Application materials
Approved by
Tracy, Hightshoe, Director
Department of Neighborhood and Development Services
- -
Location of proposed
drive -through restaurant
for a drive -through use for
east corner of Gateway Plaza.
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DocuSign Envelope ID: 120346A3-4A30-452C-91C9-05302BF73E93
APPLICATION TO THE
BOARD OF ADJUSTMtNiu
SPECIAL EXCEPTI'P, Y, 4.s -
Y CI_r;!;
-1 CITY.
DATE: Jan 12, 2017 PROPERTY PARCEL NO. 1016407001
PROPERTY ADDRESS: S Riverside Drive
PROPERTYZONE: CC2
PROPERTY LOT SIZE: 397, 267 sf
APPLICANT: Name: Thomas McInerney, Architect
Address: 1208 Marcy Street, Iowa City
Phone: 319-331-0365
CONTACT PERSON: Name:
(if other than applicant)
Address:
Phone:
PROPERTY OWNER: Name: Green Gateway Properties LLC
(if other than applicant)
Address: S Riverside Drive
Phone: 319-631-8888
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-watz a(J� owacfty.org.
Purpose for special exception: Drive -through window and lade
Date of previous application or appeal filed, if any:
DocuSign Envelope ID: 12B34WA 4A30-452C-9109-053020F73E93
-3-
D. General Approval Criteria: In addition to the speck approv, n essed in
"C", the Board must also find that the requested special 'ex� lnrm eets the
following general approval criteria or that the following criteria do not apply. In
the space provided below, or on an attached sheet, prQi�l�gjipflrp}hllerfii(ition,
not just opinions, that demonstrate that the specific requested special exception
meets the general approval criteria listed below or that thaCfi Wr&i &l&jteria are
not relevant in your particular case. TVA CITY, WV r,
1. The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or general welfare.
The special exception will not be detrimental to or endanger
the public's health, safety or welfare. The existing parking lot
area is surrounded by a frontage road thus allowing minimum
inpact on traffic.
2. The speclfic proposed exception will not be injurious to the use and
enjoyment of other property in the immediate vicinity and will not
substantially diminish and impair property values in the neighborhood.
The special exception will not be injurious to the use and
enjoyment of adjacent properties. The special exception will
not substantially impact property values in the
neighborhood,
3. Establishment of the specific proposed exception will not impede the normal
and orderly development and improvement of the surrounding property for
uses permitted in the district in which such property is located.
The special exception will not impede the normal
development and improvement of the surrounding property.
Drive up window is a minimum of 24 feet from lot line.
4. Adequate utilities, access roads, drainage andfor necessary facilities have
been or are being provided.
Existing facilities and utilities are available to the property,
DocuSign Envelope ID: 12B34W-4A30-452C-91C9-05302BF73E93
-4-
5. Adequate measures have been or will be tQ�(�vide ingress or egress
designed to minimize traffic congestion opj[1lts.
2010 JAN 12 PM 56
Adequate Measures, such e of the existing
frontage road, have beenl44fl provide ingress and
egress to minimize traffic congestion on public streets.
6. Except for the specific regulations and standards applicable to the special
exception being considered, the specific proposed exception in all other
respects conforms to the applicable regulations or standards of the zone in
which it is to be located. [Depending on the type of special exception
requested, certain specific conditions may need to be met. The applicant
will demonstrate compliance with the specific conditions required for a
particular use as provided in the City Code section 14-46 as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K).]
Existing lot does not have pedestrian walks adjacent to the
development for the drive -through lane. Seven stacking
spaces have been provided. Directional signage is
provided to indicate direction of vehicular travel.
7. The proposed use will be consistent with the Comprehensive Plan of the
City.
The property is not adjacent nor located within 300 feet of
residential zone property.
Docu5ign Envelope ID: 129346A3-4A30-452C-9109-05302BP73E93
M
NOTE: gonditions. In permitting a special exception, the Board may impose appropriate
conditions and safeguards, including but not limited to 1)ngg f ens, fencing,
construction commencement and completion deadlines, lig tin oval controls,
improved traffic circulation requirements, highway access restrictions, increased minimum
yard requirements, parking requirements, limitations on thJ04QrMt0Q Pf iPps$:d $iwnership
or any other requirement which the Board deems appropriate under the circumstances
upon a finding that the conditions are necessary to fulfill thoiffi FiliA Intent of the
Zoning Chapter. (Section 14-8C-2C-4, City Code). 10V"A CiTY.10V"'A
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 Hoard 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: January 12 20 1S
Signature(s) of Applicant(s)
Date: 1/12/2018 20
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Signs ure sY of Property Owner(s)
if Different than Applicant(s)
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STAFF REPORT
To: Board of Adjustment
Item: EXC18-00002
408 S. Gilbert Street
GENERAL INFORMATION:
Applicant:
Requested Action:
Prepared by: Sarah Walz, Associate Planner
Date: February 14, 2018
Prestige Properties LLC
329 East Court Street
Iowa City, IA
319-512-7616
Adjustment to the front and side principal building
setback requirements.
Purpose: To reduce the principal building setback
requirements in order to allow the construction of a
third story addition that is structurally independent of
the existing building and a new client entrance on
the west side of the building.
Location:
Size:
Existing Land Use and zoning:
Surrounding Land Use and Zoning:
Applicable code sections:
File Date:
BACKGROUND:
408 S. Gilbert Street
242 acres square feet
Commercial (CC-2)
North: Residential (RM-44)
South: Residential (RM-44); Ralston Creek
East: City -owned property (within Ralston Creek);
Residential (RM-44)
West: Mixed Use (RC -SD)
14-46-3A, General Criteria;
14-2C-4B-5(b) Specific Criteria for reductions to the
principal building setbacks in commercial zones.
January 16, 2018
The subject property is a lone remnant of Community Commercial (CC-2) zoning on the east side
of Gilbert Street, between Burlington and Harrison Streets. Surrounding properties, east of Gilbert
Street are zoned High Density Multi -Family (RM-44) zone. Ralston Creek runs along the east and
south sides of the property. A City -owned portion of the creek abuts the east property line. (See
aerial view,)
Property on the west side of Gilbert Street, which was previously zoned Central Business Support,
is now part of the Riverfront Crossings —Gilbert Street District. Properties are developed with
commercial uses on the ground floor with residential above. Buildings are set at the property line
and parking is provided to the rear of the building or underneath, as structured parking.
The existing building at 408 South Gilbert Street is occupied by a long-term use, Bio-Test Plasma
Center. The applicant is seeking to expand the building in order to accommodate new refrigeration
units and to meet a federal regulation that requires the business to retain all paper records on
site.
The building is currently constructed as a split level with an upper and lower floor. The applicant
wishes to add a third floor that is structurally independent of the existing building, in part, to
support new refrigeration units. Bio-Test needs to repair or replace existing freezers on the lower
level of the building. New freezers will need to be installed and must go through a certification
process to meet federal regulations. This requires new freezers to operate in parallel with the old
for a period of time. Additional storage space is also for dry good storage (products used as part
of processing plasma) due to the high volume of donors serviced and due to change in the way
the supplier ships the goods to the center.
Much of the below grade level of the building will be devoted to file storage. Some office and client
spaces that are currently housed in the lower level would be moved to the second and third floors.
A new entrance and lobby with staircase and elevator are proposed on the west side of the
building, providing access directly from the sidewalk on Gilbert Street. Currently the only entrance
is from the parking lot on the south side of the building. The new entrance is located within the
required setback; structural support for the third -floor addition is located within the required side
(north) setbacks.
The CC-2 zone requires a 10-foot front building setback. Side and rear setbacks are not required
in the zone unless the property abuts a residential zone, in which case a 5-foot setback is required
to match the setback abutting residential zone's requirement. The applicant seeks to reduce the
front (west) setback from 10-feet to 1' 10" and the side (north) setback from the required 5 feet to
3 feet (north).
The property provides 15 parking spaces. A curb cut onto Gilbert Street provides access to 10
parking spaces located on the south side of the building. Three of the spaces are partially located
on an adjacent property, which is bisected by the creek. Five additional parking spaces, located
on the north side of the building, are accessed from a 20-foot driveway on the abutting property.
A perpetual easement preserves the right to use this driveway. No changes to parking are
required or proposed as part of this special exception. As part of the project, the applicant is
required to floodproof the building (the property is located in the Ralston Creek floodplain).
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 14-2C-4B-5(b).
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.
C
Specific Standards 14.2C-413-5(b).
1. The situation is peculiar to the property.
FINDINGS:
• The subject property is an oddly shaped (nearly triangular) remnant parcel with Community
Commercial (CC-2) zoning, which abuts residential zones to the north and south.
• The existing building is placed at an angle to the street.
2. There is practical difficulty complying with the setback requirements.
FINDINGS:
• The applicant seeks to expand the building to meet the unique needs of the existing use.
Those needs include a large amount of file storage on site as well as specialized
refrigeration.
• There is limited opportunity to provide the minimum parking on the property.
3. Granting the special exception will not be contrary to the purpose of the setback
regulations.
The purpose of the principal building setback regulations is to:
a. Maintain light, air, separation forfire protection and access for firefighting;
b. To provide opportunities for privacy between buildings;
c. To reflect the general building scale and placement of structures in Iowa City's
neighborhoods;
d. To promote a reasonable physical relationship between buildings and residences.
e. Provide flexibility to site a building so it is compatible with buildings in the vicinity.
FINDINGS:
• The applicant has a perpetual access easement along the north property line for the
driveway that serves the adjacent RM-44 property at 406 Gilbert. This allows vehicle
access to parking for both properties and provides approximately 20 feet of separation
between structures. This easement provides more space for light, air, fire protection,
firefighting, and privacy than is otherwise required by the setback standards. (If there was
not a perpetual easement for the driveway, the property to the north could develop as close
as 5 feet from the property line.)
• Though it retains its CC-2 zoning, the property at 408 S. Gilbert is located within an area
of the Gilbert Street Subdistrict (Riverfront Crossings Plan). The plan calls for buildings
along the east side of Gilbert Street to come into a more urban form as they redevelop,
"with buildings fronting the street and parking located to the side or rear of the building".
The district calls for street -facing entries. By relocating the entrance and providing a
connection with the public sidewalk, the property more closely aligns with the long-term
vision for the district.
4. Any potential negative effects resulting from the setback exception are mitigated to the
extent practical.
FINDING:
• The relocation of the entrance to provide direct access from the sidewalk brings the
property closer to what is envisioned for this area in the Gilbert Subdistrict. The proposed
design introduces a glass entryway. The applicant has indicated that additional glass could
be added along the side of the stairs.
5. The subject building will be located no closer than 3 feet to a side or rear property line,
unless the side or rear property line abuts a public right-of-way or permanent open space.
Not applicable. The building will not intrude into the 3-foot side setback.
General Standards (14-46-3)
1. The specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare.
FINDING:
• A reduction of front setback to allow for a new entrance will not interfere with or impede
visibility along Gilbert Street.
• As noted above, a perpetual easement along the driveway on the adjacent property
preserves 20 feet of separation between existing orfuture buildings. This is more than twice
the separation required by the underlying zoning. This preserves space for fire protection
and access for firefighting. (See specific criteria 3 above.)
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.
FINDING:
As noted above, a perpetual easement along the driveway on the adjacent property
preserves 20 feet of separation between existing or future buildings. This is more than twice
the separation required by the underlying zoning. This preserves space for privacy, light,
and air. (See specific criteria 3 above.)
The reduction in the front principal building setback along Gilbert Street is to create a new
entrance that is more accessible to pedestrian traffic, which the use relies upon. This
provides a safer entry for clients walking to the site.
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.
FINDING:
• As noted above, properties on the west side of the street, which have been rezoned to the
Riverfront Crossings designation, front onto the side walk with little or no setback. Over time,
if properties on the east side of Gilbert redevelop, they will be required to come into the
Riverfront Crossings zone, providing setbacks similar to what exists on the west side of the
street.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided.
FINDING:
All necessary utilities and facilities are already provided for this property and the surrounding
neighborhood.
5. Adequate measures have been or will be taken to provide ingress or egress designed
so as to minimize traffic congestion on public streets.
FINDING:
• No changes are proposed to the parking arrangement and none are required. The property
meets the minimum parking requirement.
• The property is located with access from Gilbert Street, which is a 4-lane arterial street
designed to serve high traffic uses.
• The use of the site is not one that generates significant traffic; staff does not anticipate
issues with ingress or egress from Gilbert Street.
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.
FINDING: The parking area for the use is considered non -conforming with regard to setbacks and
screening. A 10-foot setback is typically required with S2 (low) landscape screening' to separate
and screen vehicle areas from pedestrian areas. Currently, portions of the parking area are
separated from the public sidewalk with a metal fence (non -solid). Staff recommends that where
the minimum parking area set back cannot be met, the applicant should provide a low masonry
wall 2 112 -3 feet in height in addition to shrubs.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
FINDINGS: The Riverfront Crossings Master Plan notes that this area of Gilbert Street consists of
a number of mixed -use and high -density apartments that are likely to experience significant
redevelopment in the near future. With this in mind, the plan includes goals to retrofit suburban
development form and creative and adaptive reuse of existing structures. Relocating the main
entrance of the building to face toward the public sidewalk, brings the building closer to the sort of
pedestrian -oriented development that exists along the west side of Gilbert Street and on other
properties in and around the Downtown.
Despite its highly visible location, the size and shape of the subject lot, and limited parking likely
reduce the market for businesses that might occupy this commercial property. The proposal for
expansion of the building to serve a very particular business that requires a substantial amount
of floor space with convenient proximity to the University of Iowa student population is ideal for
this property and may be considered to be in the public interest.
' (14-5F-6B) Variable Height Screen, S2!
1. Intent: The S2 standard is 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 standard is applied where
moderate screening is necessary to soften the impact of uses or paved areas, but where some visibility between areas is more
desirable than a total visual screen.
2. Required Materials: The S2 standard requires enough shrubs to forth a landscape screen ranging between two feet (2) and four
feet (4) in height. At least a third of the shrubs must grow to no less than four feet (4) in height.
a. Alternative Materials (Option A): Low berms or planters may be used to elevate shrubs as long as the overall height of the
screening ranges from two feet (t) to four feet (4'). At least one-third (%) of the shrubs must grow to no less than four feet
(4') in height.
b. Alternative Materials (Option B): A continuous or semi -continuous two (2) to three foot (3') high masonry wall. Breaks in the
wall are permitted for sidewalk access and to accommodate required street trees. One shrub per ten (10) linear feel of wall,
on average, is required. Shrubs may be grouped, but long stretches without any shrubs should be avoided. At least one-
third ('/,) of the shrubs must grow to no less than four feet (4') in height.
The reinvestment proposed for the building will help to ensure this unique use remains at this
location for years to come. Given the physical constraints of the site (its size and shape) it is not
possible to bring the parking area into full compliance with the standards of the CC-2 zone or the
Riverfront Crossings Plan.
Staff believes that alternative screening, through the use of a low wall or semi -solid fence will allow
the site to more closely resemble the requirements of the current CC-2 zoning and the intent of
the Riverfront Crossings zones, where parking is place behind the building or behind structural
screening.
STAFF RECOMMENDATION: Staff recommends approval of EXC18-00002, an application for
a reduction in the principal building setbacks from 10 feet to i'10" for the front (west), and from 5
feet to 3 feet for the side (north) for property located in the Community Commercial (CC-2) zone
at 408 Gilbert Street subject to substantial compliance with the site plan submitted and the
additional condition:
Parking areas shall be screened from Gilbert Street to the required S2 standard, with a
low 2'/ -3 foot masonry wall with additional landscaping. Final plan to be approved by
planning staff.
ATTACHMENTS:
1. Location map
2. Aerial views
3. Site Plan
4. Elevations
5. Staff recommendation regarding screening
Approved by: i�,4`� _4cRV�
Tracy Hightshoe, Director
Department of Neighborhood and Development Services
Aerial view shows zoning of surrounding property and location of Ralston Creek. Note driveway easement on RM44
property to the north and parking provided on RM-44 property to the south, which spans both sides of the creek.
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Areas of the parking perimeter to be screening with a low wall per the S2 screening standard.
Current fence screening along the north parking area.
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EXV1g-- bCr--'C>Ca'
APPLICATION TO THE
BOARD OF ADJUSTMENT
SPECIAL EXCEPTION
DATE: 1/1212018
PROPERTY ADDRESS: 408 S Gilbert St
PROPERTY ZONE: CC-2
PROPERTY PARCEL NO
1015130007
PROPERTY LOT SIZE: 0.242 AC.
APPLICANT; Name: Prestige Properties LLC
Address: 329 E Court St Ste 2 Iowa City, fA 52;
Phone:319-512-7616
CONTACTPERSON: Name: Mike Oliveira c,
(If other than applicant)
Address: 329 E Court St Ste 2 Iowa City, IA452
Phone:319-400-1354 r
. -._.
PROPERTY OWNER: Name: Prestige Properties LLC
(if other than applicant) u
329 E Court St Ste 2 Iowa City, ty, IA 52;
Phone: 319-512-7616
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 Waiz at 356-5239 or e-malt Sarah-walxWowa-cltyorg.
Purpose forspeclal exception: 10' F.Y. reduction to 1'-6" (IC 14-2C-4, Tab. 2C-2(a))
T S.Y. (north) reduction to 1'-0" (IC 14-2C-4 ref. 14-213-4, Tab. 2i3-2)
Date of previous application or appeal filed, if any: none
LEGAL DESCRIPTION
DESCRIPTION OF RECORD (PARCEL No. 1015130007)
Commencing as a point of reference at the northwesterly corner of Lot 1, Lyman Cook's Subdivision
Of Out Lot 25, as recorded in Johnson County Recorders Office, Book 4, Page 79; thence south
641.21 feet along the westerly line of said Lyman Cook's Subdivision and the westerly line of Block
1, Berryhill and Pierce Addition to Iowa City, Iowa, as recorded in Johnson County Recorder's Office,
Book 12, Page 188, to the point of beginning (this is an assumed bearing for purposes of this
description only); thence east 78.37 feet to a point; thence south 53'28'05" east 46.10 feet to a point;
thence south 36031'55" west 125.00 feet to a point of intersection with the southerly line of Lot 6 of
said Berryhill and Pierce Addition; thence North 89°45'40" west 41.00 feet along said southerly line
of Lot 6 to a point of intersection with said westerly line of Block 1, Berryhill and Pierce Addition;
thence north 127.71 feet along said westerly line of Block 1, Berryhill and Pierce Addition to the point
of beginning, subject to easements and restrictions of record.
This Description is found as a Warranty Deed description in Book 3997 on pages 981-982 in the
office of the Johnson County Recorder.
10522,95 SQUARE FEET (0.242 ACRE)
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NOTE: Conditions. In permitting a special exception, the Board may impose appropriate
conditions and safeguards, including but not limited to planting screens, fencing,
construction commencement and completion deadlines, lighting, operational controls,
improved traffic circulation requirements, highway access restrictions, increased minimum
yard requirements, parking requirements, limitations on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the circumstances
upon a finding that the conditions are necessary to fulfill the purpose and intent of the
Zoning Chapter. (Section 14-8C-2C-4, City Code).
Orders. Unless otherwise determined by the Board, all orders of the Board shall
expire six (6) months from the date the written decislon 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 pennitted 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
14-6C-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: ill z
Date; , / 1 Z
ppdadminlapplic don boase.da
2D r
5ignature(s) of Applicant(s)
Signature(s) of Property Owner(s)
if Different than Applicant(s)
Application to the Board of Adjustment
Special Exception
January 12, 2018
Prestige Properties is requesting an exception to the zoning code for 408 S Gilbert
Street, a building that houses the business Biotest Pharmaceuticals. Established in
2007, Biotest Pharmaceuticals owns and manages plasmapheresis centers across the
United States, employing more than 700 employees in the US. The company is one of
the top global providers of source and specialty antibody plasma products. The plasma
collected at their facilities is used to manufacture critical care therapies that treat life
threatening disorders in a variety of therapeutic areas.
The Iowa City location which opened in 2008 employs 40 professionals and contributes
close to $3.5 million to the local economy through the payment of salaries, contributions
and other expenses. The business services close to 4,000 customers per month due to
the high density of student apartments in the area and other community members.
The request is for an exception to allow decreased setbacks in order to build a third
floor which is structurally independent of the existing building and a separate stair and
elevator tower outside the building footprint. This will provide a new accessible entry
vestibule on the Gilbert Street side of the building and a new fire exit stair on the back
that will each serve all 3 floors. The existing entrance on the south side will be
eliminated and the floor opening filled in to create a fluid 1s' floor.
The majority of the functions of the lower level will move to the ibt or 2nd floor, leaving
only the freezers, storage, shipping and receiving on the ground level. This will allow the
building to be floodproofed to City requirements.
Issues the proposed improvements will address:
Federal regulations now require Biotest to house paper medical records on site,
rather than a separate storage facility, thus requiring additional storage.
• Handicap accessibility is currently through the loading dock on the lower level. The
proposed improvements will add an elevator to the building, making all floors of the
building accessible,
• Moving some functions of the lower level to the V or 2nd floor will all
giNahz build'u
to be floodproofed to 500 year plus one foot.
i
' l7
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Page i 1
• Moving the entry to the front of the building is a better orientation, and will keep
customers from crossing parked cars to gain entry to the building.
The business requires 2 freezers at all times, and Biotest needs to bring in a 3rd
freezer before repairs can start on one that is malfunctioning. The manager has
questioned the integrity of the floor under the freezer, but this cannot be checked
until a 3rd freezer is in place.
Other advantages to the proposed improvements:
• The addition of the 2°" floor constructed in steel rather than the wood construction
of the lower levels will allow the building to be sprinklered.
The improvements will increase the energy efficiency of the building and reduce the
operational carbon footprint of the building.
Because the odd -shaped site and the current building are so unique, it is difficult to
find a business that fits so well. It is a uniquely good fit for Biotest because of the
location and because of the solid structure required by their heavy equipment. Of
the 4,000 customers per month the facility services, many are students and other
community members who live nearby and access the unit by walking or bicycling.
• Biotest will be physically unable to continue its business at the current location
without the improvements. It would be unfortunate for the neighborhood to lose this
successful business from the area. The building was extensively remodeled for
Biotest in 2008.
Specific Approval Criteria for Special Exceptions.,
Regarding the Minimum Setback Requirements for Principal Buildings - The exception
requested Is to decrease the setback for the building at 408 S Gilbert. While the setback
would be decreased in some areas, there are crucial points that would be maintained:
While the upper story will be somewhat larger than the level under it in order for the
structure to have adequate support, a 3 foot separation is maintained at the SE and
NW corners of the building to enable adequate access for firefighting, as well as to
maintain light and air around the building.
There is no housing close to the building that will need to have privacy ma mained. i
The nearest building at 402 S Gilbert is separated from 408 S Gilbe by aX"fcot�
driveway which Prestige and previous owners have used for acces$ _fbt th@d past w
years.
Page 12
The improvements will increase the size and presence of the building by the
addition of the 2"d floor but the general building scale will remain consistent with the
other structures in the neighborhood, most of which are 3 or 4 story brick buildings.
The new design elements will add some contrast and interest to the building and
the area.
• The physical relationship between the buildings and other structures in the
neighborhood will not change, except by the small amount needed to support the
upper floor. The relationship of the new front entrance to the street will be greatly
improved as the front entry is oriented nearer and more directly to the front of the
street instead of to the side of the building.
Regarding the Current Situation:
• The odd shaped lot bordered on one side by the creek makes it difficult to orient the
entrance to the front of the building without changing the setback.
• The elevator cannot be added without an addition to the building, it cannot be retro-
fitted into the existing structure.
• The setbacks are maintained as much as practically possible while using the
smallest amount of space to add the improvements needed.
General Approval Criteria:
The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort or general welfare. The project will have many
benefits to public health, safety, comfort and general welfare:
• The front entrance will be more easily accessible, oriented toward the street and
accessed by the sidewalk. Currently customers must walk between and in front of
parked cars to reach the main entrance.
• Handicap accessibility will be improved. Currently the handicap entrance is through
the loading dock, which is not a very good situation. The addition of the elevator will
provide accessibility to everyone to the entire building.
• The addition of the steel 2nd floor will allow the structure to be sprinklered.
• Moving some of the functions of the lower level to the 2r,d floor will allow the building
to be flood proofed to a 500 year plus one foot flood.
2. The specific proposed exception will not be injurious to the use and eiijoyment
of other property in the immediate vicinity and will not substantiaily diminish or
impair property values in the neighborhood.
;`a' _ PAge J 3
• The improvements will likely improve the property values in the neighborhood due
to the new design and the addition of more professional landscaping including
evergreen shrubs, perennials and an ornamental tree.
• The proposed improvements do not border a neighboring parcel, but instead are on
the back side of the building facing the creek, or on the street side of the building.
• Previously, the owner added rock to the creek side. This had the effect of stabilizing
the creek bed.
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.
• The proposed improvements do not border a neighboring parcel, but instead are on
the back side of the building facing the creek, or on the street side of the building.
• There are no unbuilt lots to be developed near the building. The nearest building at
402 5 Gilbert is separated from 408 S Gilbert by a 6 foot driveway which Prestige
and previous owners have used for access for the past 40 years.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided.
• Adequate utilities will be provided for the front entry which will contain the elevator.
• The entry point of the building will be serviced by a new walkway to the entrance
surrounded by improved landscaping including evergreen shrubs, perennials and
an ornamental tree.
• Floodproofing to 1 foot above the 500 year flood plain will be included with the
improvements to the building.
5. Adequate measures have been or will betaken to provide ingress or egress
designed to minimize traffic congestion on public streets.
• Because the additional space will be used for storage and freezers, and notan
increase in exam rooms or offices, the parking requirement will not change:,
• The current facility has adequate parking. - -
• Many of Biotest's 4,000 customers each month access the business by foot or y�..
bicycle. A bicycle rack is convenient on the property. _.
Page 14
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 specific proposed exception will be consistent with the comprehensive plan
of the city, as amended.
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Page 15
MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
JANUARY 10, 218 — 5:15 PM
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Gene Chrischilles, Connie Goeb, Bryce Parker, Tim Weitzel
MEMBERS ABSENT:
STAFF PRESENT: Susan Dulek, Sarah Walz
OTHERS PRESENT: Larry Lownsberry
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Chrischilles outlining the role and purpose of the Board
and the procedures that would be followed the meeting.
CONSIDER THE DECEMBER 13, 2017 MINUTES:
Goeb moved to approve the minutes of December 13, 2017. Parker seconded the motion.
A vote was taken and the motion carried 4-0.
NOMINATION AND SELECTION OF BOARD CHAIR AND VICE CHAIR:
Goeb nominated Chrischilles for board chair, seconded by Weitzel, motion carried 4-0
Weitzel nominated Goeb for vice -chair, seconded by Chrischilles, motion carried 4-0.
SPECIAL EXCEPTION ITEM EXC17-00008:
Discussion of 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.
Walz began the staff report showing the location of the McDonald's on the corner of Riverside
Drive and Benton Street, noting the staff report has a lot of detail in it because this area is part
of the community where there is a lot of change happening and Staff wanted to pay attention to
changes that will be coming ahead in years to come as well as access and pedestrian issues.
Those are always reviewed, but the issues are heightened due to the location. Walz explained
that the CC-2 is a zone found throughout the community as a community commercial zone, it
allows a higher intensity commercial (large grocery stores, fast-food restaurants, etc.) uses that
Board of Adjustment
January 10,2018
Page 2 of 0
are sought out by people throughout the community not just the local neighborhoods. Riverside
Drive and Benton Street are both heavily traffic streets and major travel corridors so that is why
those commercial uses would be in this area. Another zone, the Riverfront Crossing Zone is a
district zone (this area is the West District Zone) and was developed to continue to be a major
corridor for people traveling by car but it is also going to include more residential uses. With
that mixture of issues in mind, the Zone Is trying to more pedestrian friendly by consolidating
curb cuts where possible, relying on alleys and secondary drives where possible, and cross -
access between properties. There is a goal to have more clarity where cars would be coming
and going and more setback from traffic. The location of the McDonalds is in a large CC-2 zone
and those properties will eventually become part of the Riverfront Crossings District, uses that
are in place now can continue to function as they are however when redevelopment
opportunities happen those properties would need to come into full compliance with the
Riverfront Crossings District. An example of this would be the development of the new
Brueggers Bagels across the street from the McDonalds as well as the Kum & Go on the other
corner, and the multi -family building to the north. Those developments are all within full
compliance of the Riverfront Crossings Plan.
Walz showed the current McDonalds site and the current traffic pattern for access to the site
(access off Benton Street and Riverside Drive) and the circulation of traffic on the site. The
property to the east is the old Mumm's site (now vacant), to the south is the Staples property
and another vacant property. The two vacant sites will likely redevelop in the future and come
into compliance with the Riverfront Crossings Zone because there is more development
potential in the Riverfront Crossings Zone than there is in the current CC-2 Zone. Walz noted
that this site went through a special exception originally in 1998 to establish the existing drive -
through, at that time a careful look was taken at the access point on Riverside Drive because it
doesn't meet the minimum access standards from the intersection. There was thought about
restricting access but the Board at that time noted it will be a self-limiting access point because
at certain hours of the day it will be difficult to take a left-hand turn into the site and will either
use the Benton Street access or bypass the site altogether and that is pretty much how the site
has functioned since then. What the applicant is seeking to do now is to add a second drive -
through order board to the site. They would continue the store windows and traffic circulation as
they are now but add in a second order board in hopes of improving the efficiency on the site.
They feel it will move cars through the site more efficiently and less cars stacking in the drive -
through. This same special exception was sought in 2012 and granted, it was prior to the City
adopting the Riverfront Crossings Plan, there were some conditions placed on the special
exception with regards to cross -access and combining the curb cuts for the McDonalds site and
the old Mumm's site. Subsequent to that approval Staff worked with McDonalds and their
engineers for quite some time and could never come up with a circulation pattern that would
work for both properties and therefore the special exception at that time was abandoned.
Therefore with this new application, Staff has reviewed that concept thoroughly again. In photos
of the area, Walz showed that McDonalds is doing more than required with regards to parking
lot setback and having more green space and shade trees. However on the Riverside Drive
side the sidewalk is directly next to the street and that will need to be addressed and set back
more. The special exception will include two small building additions to change the access and
entrance into the building
With regards to the specific criteria for the special exception, the first one talks about access
and circulation and that the transportation should be capable of safely supporting the drive -
through and that wherever possible the drive -through should rely on other access points,
Board of Adjustment
January 10, 2018
Page 3 of 8
whether that is cross -access, an alley, a shared drive. Again Walz reviewed what the City has
reviewed in the past, cross -access through parts of the site was ruled out because the entry
points explored would be confusing for customers and also some access points could cause
visibility issues. The City has already noted that when the Mumm's site is redeveloped they will
modify some of the Benton Street Bridge railing to assist with increasing visibility access.
Looking at the Riverside Drive access, it does not meet standards, but seems to be functioning
well except during certain points of the day when traffic makes it difficult to enter from the north,
but that is more of a negative for McDonalds than it is for public safety.
The second specific criteria[ talks about providing for pedestrian safety and no additional curb
cuts. In this proposal no additional curb cuts are sought for this site. With regards to an
adequate number of stacking spaces provided, there will be additional stacking spaces with the
new order board and traffic will move through the process more quickly.
Regarding sufficient onsite signage, there will be pavement markings for the drive -through and
signs to show where the drive -through is at that Staff finds sufficient to address the situation.
Location criteria for the special exception in the CB-2 Zone and in all subject of the Riverfront
Crossings District located east of the river doesn't apply here as it would in other locations
where drive-throughs are allowed. In this case there is already an existing building with the
pickup and payment windows on the street side and order boards are on the no -street side of
the building. With this site there is really no way to arrange the circulation that would not create
major stacking issues so this was deemed the best way to layout the building and is impractical
to change the drive -through without totally redeveloping the site.
Walz did note however that there is an argument that could be made that this special exception
will delay the City getting the pedestrian improvements it wants on the west side of the site. In
both the Riverfront Crossings Plan, the Southwest District Plan, and in a streetscape
improvement plan for Riverside Drive they all call for getting the sidewalk back off the curb.
There is adequate space on the applicants property, as they have a setback form the sidewalk
to the parking, for improvements that could be accomplished through either land dedication or
easement with the property owners (that are not McDonalds, it is a different property owner)
who would be interested in granting an easement so that so utilities could be placed into that
area (at McDonalds expense). Walz stated there is a street overlay project that is going through
in the next year along this site and McDonalds would pay the expense and grant an easement
(if not an outright dedication) so that all of the improvements could be placed there and then
instead of asking for an additional setback they would create a screen wall between the parking
and street. Staff feels that is a reasonable accommodation and it would be a substantial
improvement for the pedestrian area as well as the bus stop area to be off of the street edge.
The next criteria states that drive -through lanes must be set back at least 10 feet from adjacent
lot lines and in this case they are set back more than 10 feet. 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, which there are none, or detract from or unruly
interrupt pedestrian circulation or the commercial character of the area. In terms of pedestrian
circulation and commercial character, Walz noted this is area is what is called for in the
streetscape plan to set up a more pedestrian friendly street. McDonald's has indicated and the
property owners are willing to go forward with allowing the City to make those improvements.
Board of Adjustment
January 10, 2018
Page 4 of 8
Drive -through lanes, bays, and stacking spaces shall be screened from views from the street
and adjacent properties to the S2 standard. The applicant is showing the required S2 screening
already established on part of the site, Staff has recommended that within the S2 area 50% of
the plant species should be evergreen and have additional trees in the area.
Multiple windows servicing a single stacking lane should be considered to reduce the amount of
idling on the site and that is indeed what McDonalds is proposing with the addition of a second
ordering board.
Walz noted that with the rest of the standards, the main goals Staff wants to achieve on this site
is substantial new screening along the Benton Street right-of-way and the improvements to the
Riverside Drive frontage.
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.
Chrischilles asked about the right-of-way or public access and utility easement and if it would
need to be granted by the property owner. Walz confirmed that is correct noting there are two
property owners that are affected. The odd half arrow shaped piece of property is one property
owner and the square shaped property is another owner so both property owners would have to
grant the easement and the McDonalds franchise owner has had discussions with both property
owners and states they are willing to do this. If the Board approves the special exception, and
with that condition, they have six months from the filing of the decision to work out all the details
of the easement with the City Attorney's office.
Goeb asked about the Mumm's property to the east and if it was being used at this time. Walz
stated it is not being used right now, there was a development proposal for the property several
years ago as a mixed -use building that would have cross -access with the McDonalds property
(as it is owned by the same property owner). That proposal never came to fruition but may
come back at some point in the future or a new proposal may come forward but regardless with
Board of Adjustment
January 10, 2018
Page 5 of 8
this special exception the City wanted to make sure they would not create any impediment to
future development.
Goeb asked about the Riverside Drive frontage and if there would be metal screen -age and
plant screen -age. Walz said it may be metal, it may be brick or stone whatever design
compliments their building.
Weitzel asked about a phrase in the staff report where it states the drive -through lanes could be
or should be incorporated within the building envelope, and what that means. Walz said that for
example with banks there is often an extension of the building for the drive -through lanes but it
is not as common with restaurants. Weitzel also asked if there would be bike racks on the
location. Walz stated they will have to provide bike racks as part of the site plan.
Parker asked about the bus stop and if there was a bench at that stop. Walz said the bus stop
bench is a City responsibility, there is one there now but really close to the right-of-way so the
desire is to get that backed up a little.
Chrischilles opened the public hearing and invited the applicant to address the Board.
Larry Lownsberry (Director of Operations for the area McDonald's franchise) noted that this
proposal will result in a similar design as the newly reconstructed Lower Muscatine Drive site
with the side -by -side order site. One of the exciting things about the Riverside Drive location is
that during the peak times the current drive -through lane stacks back to almost Riverside Drive
which creates a bit of a traffic congestion and the addition of the second lane will alleviate that.
Additionally the new site plan moves the trash enclosure over to the corner of the site which
allows for a lot more moving space to aid in circulation of the lot. Lownsberry noted they are
excited about the improved streetscape out front, they have had concerns about safety there for
a long time, and in fact they placed a trash receptacle on the corner and maintain it due to the
immense amount of litter in that area.
Weitzel asked if the main problem they find with the site is wait times in the drive -through and
not other incidents with people crossing traffic and access to the site. Lownsberry said they
have not seen a lot of issues with people crossing traffic or access to the site, frankly if the
drive -through is backed up most people will just pass the site so on a site like this the ability to
be more efficient in the drive -through will improve traffic flow a great deal as well as pedestrian.
With the building addition they will be putting all the entrances to the site at the front of the
building so it will be more pedestrian friendly. Lownsberry added that there currently is a bike
rack on the property and they will be installing new ones with the remodel.
Chrischilles asked if there would be parking to the south of the dual drive -through lanes.
Lownsberry said there will be parking there (as there is now). Chrischilles asked if there would
be space to bypass car traffic. Lownsberry said there is a clear path. Additionally they have an
agreement with the property owner next door (by Staples) to be used for employee parking so
there will be more customer parking spaces available.
Weitzel asked about the building additions. Lownsberry said it is to add an entrance on the front
of but building and the side addition is actually for storage and delivery acceptance.
Parker asked how many parking stalls are there currently. Lownsberry was unsure the exact
number but noted they will be eliminating six with the redesign. Walz stated they do have more
than the minimum required.
Board of Adjustment
January 10, 2018
Page 6 of 8
Goeb asked if there would be an access point from the new bus stop and sidewalk area into the
site. Lownsberry said there would be a dedicated pedestrian crossway with colored concrete
and signage.
Parker asked about signage. Walz said there will be new signage for the drive -through. Parker
asked about the McDonalds sign out front, with the new Riverfront Crossings District there are
height restrictions. Walz said they are allowed to keep the big McDonalds sign because they
are in the CC-2 zone but it will be relocated further back from the street in order to
accommodate the new sidewalk.
Chrischilles closed the public hearing.
Weitzel stated he had no concerns about this application.
Goeb concurred and thinks it will be an improvement on the site.
Weitzel noted that panhandling is a concern on that corner and suggested a covered bus stop
for that area. Walz said getting the sidewalk moved back will to an extent deter some of the
panhandling.
Parker concurred he has no concerns about this application.
Chnschilles agreed and was ready to entertain a motion.
Goeb moved to approve 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.
Parker seconded the motion.
Parker stated that regarding agenda item EXC17-00008 he concurs with the findings set forth in
the staff report of January 10, 2018, and conclude the general and specific criteria are satisfied.
5o unless amended or opposed by another Board member he recommends that the Board
Board of Adjustment
January 10, 2018
Page 7 of 8
adopt the findings in the staff report as our findings with acceptance of this proposal.
A vote was taken and the motion carried 4-0.
Chrischilles 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.
BOARD DISCUSSION:
Walz is anticipating two applications for the February meeting. Goeb will be unable to attend
that meeting, it is possible a new board member will be appointed by then.
Walz noted that there was a discussion prior to tonight's meeting about the Lusk Avenue item
when Goeb had to recuse herself and the question had been put forward if there had been
anyway someone could have substituted. Walz said she is unsure of that but one idea they are
exploring is in a case where they really wanted to have five members hear an item have
someone who had served on the Board in the past five years be a substitute. Dulek noted that
they need to look into the State law on this because the Board of Adjustment is controlled by the
State, not the City.
Chrischilles asked why during the Lusk Avenue item was the Board given an attorney. Dulek
said that because her office had been involved with staff in reviewing the item prior to the
meeting, whereas in most situations she only sees the item the same time the Board does.
Dulek noted that in the future they are in conversations with the City Attorney in North Liberty
and the Johnson County Attorney's office in working out an agreement where they can all assist
each other if the needs arise.
Weitzel asked if in future staff reports the page numbers be placed at the bottom of the page
rather than the top.
ADJOURNMENT:
Parker moved to adjourn this meeting.
A vote was taken and the motion passed 4-0
Board of Adjustment
January 10, 2018
Page 8 of 8
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2017-2018
NAME
TERM EXP.
1111
4112
5110
6114
7/12
10111
12111
1110
PARKER, BRYCE
1/1/2022
X
O/E
X
X
O/E
X
X
X
GOEB, CONNIE
111/2020
X
X
X
X
O/E
X
X
X
CHRISCHILLES, T. GENE
1/1/2019
X
X
X
X
X
X
X
X
SOGLIN, BECKY
1/1/2018
X
X
X
X
X
X
X
WEITZEL, TIM
1/112021
X
X
X
X
X
X
X
X
KEY, X = Present
O = Absent
CIE = Absent/Excused
-- = Not a Member