HomeMy WebLinkAbout04-10-2019 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, April 10, 2019 — 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
AGENDA
A. Call to Order
C. Special Exception Item
1. EXC18-00008: An application submitted by Linda Annis for a special exception to
allow for a buildable, non -conforming lot in the Low Density Single -Family (RS-5)
zone single-family zone located between 409 & 415 Kimball Road in order to build a
single family home.
2. EXC19-01: An application submitted by Faith Academy for a special exception to
allow for an expansion of a school operating under a previously granted special
exception in a Community Commercial (CC-2) zone located at 1030 Cross Park
Avenue.
Clarification of language involving alternate selection
E. Consider the February 13, 2019 minutes
F. Consider the March 13, 2019 minutes
G. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING:
Wednesday, May 8, 2019
If you will need disability -related accommodations in order to participate in this meeting, please
contact Jesi Lile, Urban Planning at 319-356-5240 or at jessica-Zile@iowa-city.org. Early
requests are strongly encouraged to allow sufficient time to meet your access needs.
CITY OF IOWA CITY
MEMORANDUM
Date: April 10, 2019
To: Board of Adjustment
From: Jesi Lile, Associate Planner, Neighborhood & Development Services
Re: EXC18-00008, 409 Kimball Road - Change in Staff Recommendation
Introduction
On March 11, 2019, the applicant, Linda Annis, called to inform staff that she closed on the sale
of 409 Kimball on March 4, 2019. She remains the owner of the vacant lot that is the subject of
this special exception application. Staff consulted with the City Attorney's Office, and it is staff's
opinion that the sale of this property affects her ability to apply for this special exception.
Section 14-4E-7F of the City Code allows for a special exception to establish a legal non-
conforming lot when two abutting lots have become in single ownership. The applicant was
informed that she must be the owner of both lots in a letter from the City Attorney's office dated
December 5, 2018 [Attachment 1] that outlined the applicant's options for the vacant lot. She
was reminded again in an email from staff on December 12, 2018 [Attachment 2] and in
subsequent phone conversations that the special exception would only be possible if she was in
ownership of both lots.
Recommendation
The two abutting lots no longer have a single ownership, and thus a special exception is not
available to establish the vacant lot as a legal non -conforming lot. It is not sufficient that the two
lots were under single ownership at the time of the application for the special exception. Since
the applicant is no longer the owner of both 409 Kimball and the vacant lot, Annis is no longer
eligible to apply for a special exception under 14-4E-7F: Regulation of Non -Conforming Lots.
As such, staff recommends denial of EXC18-00008 to make the lot between 409 & 415 Kimball
Road buildable for a single-family home.
Attachments:
1. December 5, 2018 Letter to Annis
2. December 12, 2018 Email to Annis
Approved by:'4�1
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Danielle Sitzman, AICP, Development Services Coordinator
Neighborhood & Development Services
December 5, 2018
Linda Annis
409 Kimball Road
Iowa City, IA 52245
Lynn Weinstein
Blank & McCune
506 E. College Street
Iowa City, IA 52240
Frederick Boehmke & Cynthia Farthing
415 Kimball Road
Iowa City, IA 52245
Dear Ms. Annis, Ms. Weinstein, Mr. Boehmke, and Ms. Farthing:
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.lcgov.org
On Wednesday, November 29, 2018, staff met with Ms. Annis and Ms. Weinstein to discuss the
vacant lot located in between 409 and 415 Kimball Road (Auditor's Parcel 2015023). As we
discussed in the meeting, this lot is not a buildable lot. The lot is zoned RS-5, which has a
minimum lot width requirement of 60 feet, which is measured at the front setback line (i.e. 15
feet). The current lot width is less than 60 feet and therefore is a non -conforming lot under the
City's zoning code Staff would like to work with you on some possible solutions, which are
outlined in this letter in no particular order.
Options for the Current Property Owner (Linda Annis):
1. Special Exception
The City's zoning code provides a special exception process for certain non -conforming lots.
Specifically, the lots must be abutting and under single ownership. The requirements are
outlined in Section 14-4E-7, Regulation of Non -Conforming Lots, of the City's zoning code:
F. In cases where two (2) or more abutting lots of record have become in single ownership and
are deemed a single parcel as set forth in subsection E of this section, the board of
adjustment may grant a special exception to reestablish a lot of record previously combined
with an adjacent lot in order to allow a single-family dwelling and accessory buildings to be
installed on said lot, notwithstanding a failure to meet the requirements of the zone for lot
area or lot width, provided the following conditions are met:
1. Granting of the requested exception results in appropriate, compatible development with
surrounding residential development;
2. The dwelling must be located on a lot of record that is at least forty feet (40) in width; and
3. The request meets all other standards and requirements of this title, including setback and
frontage requirements.
All Special Exceptions must also meet the following criteria outlined Section 14-4B-3A:
December 5, 2018
Page 2
A. Approval Criteria: In order to grant a special exception, the board must find that the applicant
meets the specific approval criteria set forth in this title with respect to the specific proposed
exception. The board must also find that the applicant meets the following general approval
criteria or that the following criteria do not apply.,
1. The specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare.
2. The specific proposed exception will not be injurious to the use and enjoyment of other
property in the immediate vicinity and will not substantially diminish or impair 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.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided.
5. Adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets.
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.
7. The proposed exception will be consistent with the Comprehensive Plan of the City, as
amended.
A special exception requires review and approval by the Board of Adjustment. The application
fee is $450, which the City will waive in this instance, and requires notification of neighbors. In
terms of the process, staff will work with the applicant, develop a staff report, and make a public
presentation to the Board of Adjustment. The Board discusses the application and either votes
to approve, approve with conditions, or deny the application. Staff will likely recommend a
condition that will require a build -to line to ensure that any home built on the lot will have a
similar setback to the homes in the immediate vicinity. In addition, approvals by the Board of
Adjustment lapse in 6-months; however, the Board may extend this period or review a request
for an extension. If the special exception is granted, the lot will be a buildable lot.
2. Re -Platting
Another option is to submit an application for a Final Plat. In this case, the Final Plat process
would allow for the re -subdivision of the land. This process would allow for the re -drawing of lot
lines. In addition, this process would require coordination with the property owners at 415
Kimball Road since a portion of the property at 415 Kimball Road would need to be conveyed to
the lot in question.
Prior to submitting this application, the applicant would need to work with a consulting firm to
conduct a survey to ensure that the new lot boundaries meet the dimensional requirements of
the zoning code and that the existing home at 415 Kimball Road meet other zoning regulations
(e.g. open space requirements, driveway spacing distances, setbacks).
December 5, 2018
Page 3
The Final Plat process requires review and approval by the City Council. Upon receipt of a Final
Plat application, staff distributes the plat to a variety of different departments for review. After
the staff review, a staff report is prepared and submitted to the City Council. The application fee
for a Final Plat is $775, which the City will waive. Upon approval by the City Council the Final
Plat would be recorded with the Johnson County Recorder's Office. Approval of a Final Plat
results in an official, recorded plat that identifies the legal of lot of record.
3. Boundary Line Adjustment
A third option is a boundary line adjustment where the property owner requests a re -drawing of
the existing parcel lines. In this instance, the current owner, Ms. Annis, would need to work with
the property owners at 415 Kimball Road since a portion of the property at 415 Kimball Road
would need to be conveyed to the vacant parcel in order for it to be buildable.
Similar to the re -platting option, approval of a boundary line adjustment depends on ensuring
that both parcels meet the minimum dimensional requirements of the zoning code. In addition,
the existing home on 415 Kimball Road would need to meet all other zoning regulations (e.g.,
minimum open space, driveway spacing distances, setbacks). Again, working with a consulting
firm would be required.
A boundary line adjustment is an administrative process that does not require a public process.
After review and approval by City staff, the boundary line adjustment is recorded with the
Johnson County Recorder's Office. Unlike the re -platting process, a boundary line adjustment
does not result in the creation of an official, recorded plat, but would result in a buildable parcel
of land.
Options for a Future Buyer;
1. Special Exception
The special exception process outlined above is only an option if the property owner at 415
Kimball Avenue or the future owner of 409 Kimball Avenue purchases the property, since a
requirement of this process is that "(2) or more abutting lots of record have become in single
ownership and are deemed a single parcel"
2. Re -Platting
The re -platting process outlined above is only an option if the new property owner is able to
coordinate with the property owners at 415 Kimball Road. This is necessary since a portion of
the property at 415 Kimball Road must be conveyed to the vacant lot.
3. Boundary Line Adjustment
The boundary line adjustment process outlined above is only an option if the new property
owner is able to coordinate with the property owners at 415 Kimball Road. This is necessary
since a portion of the property at 415 Kimball Road must be conveyed to the vacant lot.
December 5, 2018
Page 4
Verification on Utilities
Additionally, you requested veritication that public water and sewer are available and accessible
to the vacant, currently unbuildable lot. Public Works staff confirmed that the lot has access to
public water and sanitary sewer. There is 6-foot diameter cast iron watermain and 8-foot
diameter V.S.P. sanitary sewer in the Kimball Road right-of-way adjacent to the property.
Thank you again for your time. Please feel free to contact me should you have any questions or
require additional information. I can be reached at either sue-dulek(caiowa-citv.org or at (319)
356-5030. If you would like to pursue any of the options listed above, please contact Anne
Russett at anne-russett0iowa-city.org or at (319) 356-5251. Anyone needing legal advice
should consult with his or her attorney.
Sincerely,
Susan Dulek
Assistant City Attorney
Copy to: Tracy Hightshoe, Director NDS
Anne Russett, Senior Planner
Danielle Sitzman, Development Services Coordinator
From:
Jessica Lile
To:
"Annis. Linda A"
Subject:
409 Kimball Application
Date:
Wednesday, December 12, 2018 2:24:05 PM
Hi Linda,
In processing your application, I have come across some differences in the measurements you
submitted from the plat of survey conducted by MMS in 2015 that was originally signed off on by
City Staff. My concern is that what you have submitted lacks some of the requirements listed in the
application. Specifically, in Section A of the application, the legal description of the property, and
Section B of the application with dimensions of the lot frontage in the exhibit where you show the
proposed setbacks for the new house, the north point and scale, and the distances of existing and
proposed structures from the property lines.
In order to process this application and get it before the Board in January, we need clear
measurements of your proposed changes. The Board will need to be able to see that your proposed
changes make the lot with the existing house more conforming and that the proposed house on the
second lot will be in conformity with the rest of the neighborhood. My recommendation is that you
consult with MMS again to make sure that this process is done in the most thorough way possible.
We will continue to process your application and work toward getting you on the agenda for the
January 9th meeting, but the issues I mentioned will need to be addressed prior to Tuesday, January
1st in order to finish and publish the associated Staff Report for Board members
Additionally, I would like to remind you that this special exception is only possible so long as you (the
applicant) are in ownership of both lots. This means the sale cannot close until the special exception
is approved.
Please let me know if you have any questions, I will be happy to answer them as soon as possible.
Jesi We
Associate Planner
City of Iowa City
(319) 356-5240
Jesi We
Associate Planner
City of Iowa City
(319) 356-5240
STAFF REPORT
To: Board of Adjustment Prepared by: Jesi Lile, Associate Planner
Item: EXC19-01 Date: April 10, 2019
Faith Academy: 1030 Cross Park Avenue
Parcel Number: 1023243001
GENERAL INFORMATION:
Applicant: Faith Academy
1030 Cross Park Ave
(319) 351-4860
Contact Person: Doug Fern
1030 Cross Park Ave
(319) 351-4860
dfern@faithacademyiowa.org
Property Owner:
Parkview Evangelical Free Church
C/O Kyle Galloway
15 Foster Road
(319) 530-2049
Requested Action:
Special Exception to allow for an expansion on
a previously granted special exception
Purpose:
To allow for an expansion of a school in
a Community Commercial (CC-2) zone
Location:
Pepperwood Plaza Subdivision Lot 7
Location Map:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable Code Sections:
File Date:
BACKGROUND:
2.81 Acres
Commercial; Community Commercial (CC-2)
North: Community Commercial (CC-2)
East: High Density Multi -Family
Residential (RM-44)
South: Low Density Multi -Family Residential
(RM-12)
West: Community Commercial (CC-2)
14-413-3A (General Criteria)
14-413-41)(9) (Specific Criteria)
March 8, 2019
In 2013, Faith Academy was granted a special exception to allow for a General Education
Facility in a Community Commercial (CC-2) zone at 1030 Cross Park Avenue to serve 25
kindergarten and 11t grade students. 1030 Cross Park Avenue is located in the back of a
commercial building containing retail storefronts in Pepperwood Plaza. The school entrance
faces a residential neighborhood which separates the school from the high -traffic commercial
area.
In 2014, Faith Academy applied for and was granted a special exception to expand the size of
the school and add more children. With this application the school added an entrance and
rearranged the drop-off and pick-up points from the west entrance near a loading dock to a
one-way alley on the east side of the building next to the new entrance in order to increase
safety and efficiency. There are no plans to change the current setup with this expansion.
Recently, Parkview Church started a satellite church campus in the building outside of school
hours. The church has been using the school gym for Sunday morning services, parking on the
south side of the building and using the school entrance. In November 2018, Parkview Church
purchased the entire building space north of the school that previously housed Stuff Etc., along
with other retailers and the Iowa City Police Department Substation, and plans to expand
Parkview Church into the former Stuff Etc., space to build a permanent sanctuary and allow
access through the north parking lot and entrance, though these would not be open during
school hours. The extra space will provide more room for both the school and church use in the
building. Religious uses are allowed by -right in Community Commercial (CC-2) zones.
PROPOSED REQUEST:
In 2014, the Board of Adjustment approved a special exception for an expansion of Faith
Academy with the following condition:
An enrollment of more than 105 students or the addition of more than 500 square feet of floor
area will be considered an expansion of the use that requires a new special exception.
The applicant is requesting another special exception in order to expand the square footage of
the school from 13,772 square feet to approximately 15,100 square feet by expanding into part
of the old Stuff Etc. space. This proposed expansion for the school is well over the limit set
through the condition at approximately 1,300 square feet, triggering the special exception
request. At this time the school has no plans to expand the number of students, which is
currently at 88.
The new space is to be utilized as a combination of church and school space. After the
expansion the space will be a total of 27,500 square feet with approximately 5,200 square feet
of dedicated church space, approximately 7,200 square feet of shared space, and
approximately 15,100 feet of dedicated school space. The school expansion will include larger
classrooms, school offices, restrooms, and a library in addition to the gym that is already there.
The plans for common space shared between the church and school include a kitchen, more
restrooms, and a common room to be used by the school as a lunch room. Religious institutions
are permitted uses within the CC-2 zone district. Therefore, the special exception requested is
only for the 1,300 square foot expansion of the school.
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Figure 1. A preliminary view of the layout of the proposed expansion.
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 14-413-41)(9) pertaining to general education
facilities in the Community Commercial (CC-2) zone in addition to the general approval criteria
for special exceptions as set forth in Section 14-413-3A.
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 (14-413-41)9):
9. General Education Facilities In The CC-2 Zone:
a. The use will be functionally compatible with surrounding uses and will not inhibit
retail and service uses for which the zone is primarily intended. The board may consider
such factors as site layout, size and scale of the development, and traffic circulation.
• Parkview Church purchased 58,420 square feet of space, most of which will remain
retail and service uses. The only change from retail is the Stuff Etc. space.
• The school entrance is located on the south side of the building away from the
commercial area of the property, including the customer parking area. While there
is a proposed entrance off the commercial side, it is for the church and will be
locked during school hours and not used by students.
• The parking area used for student pick-up and drop-off would remain the same.
The school uses a one-way access point off of Broadway St behind the building,
which does not interfere with traffic in the commercial area.
• The school is primarily attended by students who live in the area and around 6-8
students walk to and from school.
• Hours of operation will remain the same (7:30am — 3:30pm Monday - Friday),
which are not considered peak commercial times.
b. The use must provide a drop off/pick up area in a location that is convenient to, or
has good pedestrian access to, the entrance to the facility. The drop off/pick up area
must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does
not stack into adjacent streets or other public rights of way.
• About half the students (approximately 40) are picked up by the school van and
transported to and from the school daily. These students are dropped off at the
west entrance dedicated to students who rely on van transportation as to not
interfere with the parent drop off area.
• Individual drop offs use the east entrance. Parents drive down the one-way alley
near the east parking spots that can hold 12-15 vehicles at a time and drop
children off adjacent to the entrance. A safety coordinator from the school
manages the drop-off and pick-up routine daily.
• The school entrance is located on the back of the commercial storefronts in a low
traffic area.
c. The site must be designed to promote safe and convenient pedestrian, bicycle, and
vehicular circulation to the school according to the standards set forth in subsection 14-
2C-6F, "Pedestrian, Bicycle, And Vehicular Circulation", of this title. Pedestrian
walkways must be established connecting the main entrance(s) of the school to
adjacent public sidewalks and trails.
• There are 6-8 children who walk to and from school. Previous special exceptions
have required that the school complete and build new sideways to expand
pedestrian routes and safety. There are now sidewalks on both sides of the play
area that connect the school's entrance to the sidewalk on Cross Park Ave.
Additionally, Cross Park Avenue and Broadway Street have sidewalks on both
sides.
• For a previous special exception, the school was required to provide adequate
bicycle parking and the location and has been approved by a Building Inspector.
• On commercial sites with multiple buildings, sidewalks or other approved
pedestrian routes must be provided between the principal buildings on site. The
City may exempt this requirement where pedestrian traffic between buildings is
rare or unlikely. Pedestrian traffic between buildings in this case is unlikely, and
therefore staff recommends these routes not be required.
GENERAL STANDARDS (14-4B-3A):
In order to grant a special exception, the board must find that the applicant meets the specific
approval criteria set forth in this title with respect to the specific proposed exception. The
board must also find that the applicant meets the following general approval criteria or that the
following criteria do not apply:
1. The specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare.
• This school has been operating at this location since 2013 with no reported health or
safety issues.
• Students are provided with a 3,500 square foot fenced play area.
• There is an existing sidewalk that provides direct access to Cross Park Avenue as well as
low traffic volumes in this area and the surrounding residential neighborhood.
• The proposed expansion will increase the square footage of the school, but not the
number of students being served.
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.
• Faith Academy has been in operation since 2013 and serves the residents of the
surrounding neighborhood.
• The school has a limited enrollment capacity and limited hours of operation (7:30 am-
3:30 pm) that do not conflict with peak commercial times.
• Typically, places of worship and schools are seen as amenities in a neighborhood and do
not negatively impact property values.
3. Establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the district
in which such property is located.
• Faith Academy has been in operation for the past six years without impeding normal
and orderly development.
• There is still viable commercial activity in the front part of the building facing the
Pepperwood Plaza parking lot.
• The school has an entrance located on the south side of the building that faces multi-
family residential and is separate from the commercial on the north.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided.
• This expansion would not impact the already provided utilities, access roads, and other
necessary facilities.
5. Adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets.
• The Academy is located in a low traffic residential area.
• There is already a safe and established circulation pattern that accesses the school
entrance from an alley that will not change with this expansion.
• Since the number of students will not change, the transportation system will not be
impacted by increases in vehicles, congestion, or drop-offs.
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 expansion being applied for is for the area being used for the school. There will be
no changes in use, and no new students past the allowable amount, which is currently
set at 105. For the 2018-2019 school year Faith Academy has 88 students enrolled.
• In order to expand the area used for the school, they will need to apply for a building
permit from the City and follow all relevant Municipal Codes.
7. The proposed exception will be consistent with the Comprehensive Plan of the City, as
amended.
• The Comprehensive Plan calls for neighborhood elementary schools as an integral part
of healthy, sustainable neighborhoods. Schools also provide a relationship with the
surrounding neighborhood that facilitates social connections, identity, and the well-
being of families whose children attend these schools
• The South District Plan sees neighborhood schools, especially elementary schools, as
"integral to healthy, sustainable neighborhoods."
STAFF RECOMMENDATION:
Staff recommends approval of EXC19-01, a special exception to allow the expansion of a
General Education Facility for approximately 11,000 square feet in a Community Commercial
(CC-2) zone located at 1030 Cross Park Avenue subject to the following condition:
1. An enrollment of more than 105 students or an addition of more than 500 square feet
of floor area will be considered an expansion of use that requires a new special
exception.
2. Maintenance of the sidewalk connection along the east side of the playground to the
school entrance that was a condition of the 2014 special exception.
ATTACHMENTS
1. Location Maps
2. Application Materials
Approved by: _ :1>
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
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APPLICATION T TH 7 ag2019
BOARD F ADJU T MENT<
SPECIAL EXCEP T ION
DATE: March 7, 2019
PROPERTY PARCEL NO. 1023243001
PROPERTY ADDRESS: 1030 Cross Park Ave.
PROPERTYZONE: CC2
PROPERTY LOT SIZE: 2.81 Acres
APPLICANT:
.a
Name: Faith Academy
Address: 1030 Cross Park Ave.
Phone: 319-351-4860
Email:
Name: Doug Fern
CONTACT PERSON:
(if other than applicant)
Address: 1030 Cross Park Ave.
Phone: 319-351-4860
Email: dfern@faithacademyiowa.org
Name: Parkview Evangelical Free Church, c/o Kyle Galloway
PROPERTY OWNER:
(if other than applicant)
Address: 15 Foster Road
Phone: 319-530-2049
Email:
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 Jesi Lile at 356-5240 or e-mail jessica-lice@iowa-city.org.
Purpose for special exception: To allow expansion of school operating under a
previous , gran e specla I I :, ion
Date of previous application or appeal filed, if any: 6-10-2013, revised 3-13-2014
In order for your application to be considered complete, you must provide responses to all of the
information requested below. Failure to provide this information may delay the hearing date
for your application. A pre -application consultation with Planning staff is STRONGLY
recommended to ensure that your application addresses all of the required criteria.
As the applicant, you bear the burden of proof for showing that the requested exception should be
granted. Because this application will be presented to the Board of Adjustment as your official
statement, you should address all the applicable criteria in a clear and concise manner.
INFORMATION TO BE PROVIDED BY APPLICANT:
A. Legal description of property (attach a separate sheet if necessary):
You can find the legal description and parcel number for your property by doing a
parcel search for your address on the Assessor's website at
www.iowacity.iowaassessors.comlor by calling 319-356-6066.
B. Plot Plan/Site Plan drawn to scale showing all of the following information:
1. Lot with dimensions;
2. North point and scale;
3. Existing and proposed structures with distances from property lines;
4. Abutting streets and alleys;
5. Surrounding land uses, including location and record owner of each
property opposite or abutting the property in question;
6. Parking spaces and trees - existing and proposed.
7. Any other site elements that are to be addressed in the specific criteria for
your special exception (i.e., some uses require landscape screening, buffers,
stacking spaces, etc.)
C. Specific Approval Criteria: In order to grant a special exception, the Board must find
that the requested special exception meets certain specific approval criteria listed
within the Zoning Code. In the space below or on an attached sheet, address each of the
criteria that apply to the special exception being sought. Your responses to these
criteria should just be opinions, but should provide specific information demonstrating
that the criteria are being met. (Specific approval criteria for uses listed as special exceptions
are described in 14-48-4 of the Zoning Code. Other types of special exceptions to modify
requirements for the property are listed elsewhere in the Code.)
IF YOU DO NOT KNOW WHERE TO FIND THE SPECIFIC CRITERIA THAT MUST
BE ADDRESSED, please contact Jesi Lile at 356-5240 or e-mail jessica-
lile@iowa-city.org. Failure to provide this information will constitute an incomplete
application and may lead to a delay in its consideration before the Board of
Adjustment.
See following pages for description MAR 0 8 2019
Property Legal Description
PEPPERWOOD PLAZA SUBDIVISION LOT 7 MA1 i) 2p19
IOWA CITY PARCEL # 1023243001
City Clerk
Narrative Summarv: lowa City, Irwvri
Zoning code section 14-46-4-D-9 outlines requirements for educational facilities in CC-2
zones:
a. The use will be functionally compatible with surrounding uses and will not inhibit retail
and service uses for which the zone is primarily intended. The board may consider such
factors as site layout, size and scale of the development, and traffic circulation.
b. The use must provide a drop off/pick up area in a location that is convenient to, or has
good pedestrian access to, the entrance to the facility. The drop off/pick up area must
contain sufficient stacking spaces and/or parking spaces to ensure that traffic does not
stack into adjacent streets or other public rights of way.
c. The site must be designed to promote safe and convenient pedestrian, bicycle, and
vehicular circulation to the school according to the standards set forth in subsection 14-
2C-6F, "Pedestrian, Bicycle, And Vehicular Circulation", of this title. Pedestrian walkways
must be established connecting the main entrance(s) of the school to adjacent public
sidewalks and trails. (Ord. 13-4543, 8-20-2013; amd. Ord. 16-4667, 7-5-2016)
The current school has been evaluated against these criteria and found to be compliant
in 2014 when the current special exception was approved. That special exception
required a re -application under 2 circumstances:
"An enrollment of more than 105 students, or an addition of more than 500
square feet of floor are will be considered of an expansion of the use that
requires a new special exception."
There are currently no plans to expand enrollment beyond the 105 students previously
allowed, however as the school has grown closer to the 105 student capacity they have
found the current square footage to be inadequate. Earlier this year Stuff Etc. vacated
the space directly to the north of the school opening up the possibility for square footage
expansion.
The expansion is currently in schematic planning but the goals are to provide more
adequately sized classrooms, more restroom capacity, a larger library space, a
functional lunch room, better kitchen capacity, and dedicated tutoring rooms.
In addition to the school program, Parkview, Church has started a satellite church
campus at this location. They have been using the school gym for Sunday morning
services and have been parking south of the building and entering through the school
entrance. The church would also like to expand into the old Stuff Etc. space to gain a
permanent sanctuary and the ability to use the north parking lot and a north entrance
along the retail side of the building. Churches are a permitted use of the CC-2 zone so
this is not believed to be a factor in the special exception. To ensure compliance with
14-48-4-D-9 criteria a, the north entrance would be signed with "Parkview Church"
signage and not Faith Academy, and would not be open for school drop-off times. Faith
Academy has a well -established drop-off and pick-up routine using the south entrance.
This entrance utilizes a secure vestibule adjacent to the school office as is typical of
elementary schools, and there is no plan to change this set up. School staff would
continue to park to the south of the building so to not interfere with the retail parking to
the north.
The renovation of the space is expected to be a multi -phase project where portions are
renovated as funds are available. Once the full build -out is achieved it is expected that
the combined church and school space will be 27,500 square feet. There will be
approximately 5,200 square feet dedicated primarily to church functions (sanctuary,
nursery, church offices, etc.), 15,100 square feet dedicated primarily to school functions
(classrooms, school offices, gym, library), and 7,200 square feet of common space
shared between the church and school (restrooms, kitchen, common room to be used
as church foyer and school lunch room).
As the project is still in the early planning phases, the exact square footage mix
between school and church is not set in stone. The 27,500 square foot total number
and the arrangement of entrances can be considered fixed.
` 3
MARpd2A19
CitY Clerk
owa City, l,"a
-3-
D. General Approval Criteria: In addition to the specific approval criteria addressed in
"C", the Board must also find that the requested special exception meets the
following general approval criteria or that the following criteria do not apply. In
the space provided below, or on an attached sheet, provide specific information,
not just opinions, that demonstrate that the specific requested special exception
meets the general approval criteria listed below or that the approval criteria are
not relevant in your particular case.
The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or general welfare.
The previously approved special exceptions requested a fenced in
playground and additional sidewalks. These have been successfully
implemented. This renovation does not materially change the site usage
or the public health, safety, comfort or general welfare.
The specific proposed exception will not be injurious to the use and
enjoyment of other property in the immediate vicinity and will not
substantially diminish and impair property values in the neighborhood.
Faith academy has been in operation since 2013 has been a net positive
to the neighborhood.
MAR 0 t3 1019
City Clerk
Iowa City, Iowa
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 school and playground face a residential zone and are harmonious
with the intended usage of the RM12 and RM44 zones that border the
property on either side of Cross Park Ave. and Broadway.
4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
No modifications to utilities, roads, or drainage are being proposed. The
revisions to the special exception will not increase the usage of these
facilities beyond what had already been approved.
M
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
The traffic load to the site will not be changed from what was approved in
the previous special exception. The school has a well established
drop-off and pick-up routine and it has not caused a problem with the
local traffic.
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 144B as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K) j
A building permit will need to be obtained for the renovation of the school.
We understand that building and city codes will need to be followed.
The proposed use will be consistent with the Comprehensive Plan of the
City.
Absolutely! The South District Plan neighborhood quality goal #2 is
"Expand opportunities for children and youth in South Iowa City" Faith
Academy has been doing this for the 6 years it has been in operation, both
through the operation of the school and through the free after school
programs offered.
The South District Plan also notes that "neighborhood commercial areas
may include institutional uses (e.g. daycare, churches or educational
facilities)" (pg. 49)FILEU
MAR 0 a 2p19
City Clerk
Iowa City, Iowa
In
E. List the names and mailing addresses of the record owners of all property located
within 300 feet of the exterior limits of the property involved in this appeal:
NAME
IOWA CITY IOWA HOUSING ASSOCIATES L P
CITY OF IOWA CITY
WOODLANDS SOUTHEAST HOUSING COOPERATIVE INC
WETHERBY CONDOS SOUTH LLC
HAWKEYE AREA COMMUNITY ACTION PROGRAM INC
PEPPERWOOD PLAZA LLC
CASEY'S MARKETING CO
1901 BROADWAY ST LLC
PEPPERWOOD PLAZA ASSOCIATION
ADDRESS
PO BOX 1226, IOWA CITY IA 52244
410 E WASHINGTON ST, IOWA CITY IA 52240
755 MORMON TREK BLVD, IOWA CITY IA 52246
PO BOX 1907, IOWA CITY IA 52244
PO BOX 490, HIAWATHA IA 52233
755 MORMON TREK BLVD, IOWA CITY IA 52246
1 CONVENIENCE BLVD SE, ANKENY IA 50021
2000 JAMES ST STE 111, CORALVILLE IA 52241
755 MORMON TREK BLVD, IOWA CITY IA 52246
y
City CIE,
"I''va City, i Wa
IM.
NOTE: Conditions. In permitting a special exception, the Board may impose appropriate
conditions and safeguards, including but not limited to planting screens, fencing,
construction commencement and completion deadlines, lighting, operational controls,
improved traffic circulation requirements, highway access restrictions, increased minimum
yard requirements, parking requirements, limitations on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the circumstances
upon a finding that the conditions are necessary to fulfill the purpose and intent of the
Zoning Chapter. (Section 14-8C-2C4, City Code).
Orders. Unless otherwise determined by the Board, all orders of the Board shall
expire six (6) months from the date the written decision is filed with the City Clerk,
unless the applicant shall have taken action within the six (6) month period to
establish the use or construct the building permitted under the terms of the
Board's decision, such as by obtaining a building permit and proceeding to
completion in accordance with the terms of the permit. Upon written request, and
for good cause shown, the Board may extend the expiration date of any order
without further public hearing on the merits of the original appeal or application.
(Section 14-8C-1 E, City Code).
Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved
by any decision of the Board under the provisions of the Zoning Chapter, or any
taxpayer or any officer, department or board of the City may present to a court of
record a petition for writ of certiorari duly verified, setting forth that such decision
is illegal, in whole or in part, and specifying the grounds of the illegality. (Section
14-8C-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: /rrfM64G Yi , 20 /9
Date: .3 / , 20 A
ppdad minlapplication-boase.doc
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Signature(s) of icant(s)
4yle. G,a 1(ro w «N,
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Signature s) of Property Ow r(s)
if Different than Applicant(s)
PEPPERWOOD
PLAZA LLC
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PEPPERWOOD 105=,
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IOWA CITY IOWA HOUSING
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`"COO tRATIVE INC P
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\—CITY OF I
IOWA CITY
MAR 0 8 2019
City Clerk
Iowa City, Iowa
CITY OF IOWA CITY
REVENUE DIVISION
410 E WASHINGTON ST
IOWA CITY, IA 52240
(319) 356-5066
009290-0018 Tammy H. 03/08/2019 11:08AM
MISCELLANEOUS
Description: OTHER
(OTHER)
Reference 1: SPECIAL EX
OTHER (OTHER)
2019 Item: OTHER
1 0 460,00
OTHER (OTHER)
460.00
95900000-101100-
460,000
10610620-341200-
460.000
Payment Id: 324039
460.00
Subtotal 460.00
Total 460.00
CREDIT CARD 460.00
Visa ***********2313
Ref=AJOFIBF7A508
Auth=681208
---------------
Change due 0.00
Paid by: TIM SCHROEDER
Signature:
THANK YOU FOR YOUR PAYMENT
CUSTOMER COPY
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PARKVIEW
U
CHURCH
a
APPROX.5,200
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i11 ACADEMY id
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KEYNOTES
1❑ EXISTING SCHOOL MAIN
ENTRANCE
2❑ EXISTING SCHOOL
SECONDARY ENTRANCE
❑3 PROPOSED CHURCH
ENTRANCE
❑4 SCHOOL DROP OFF
PICK-UP DRIVE (ONE WAY)
�5 FENCED IN PLAYGROUND
MAR 0 81019
City Clerk
Iowa City, Iowa
NEUMANN MONSON ARCHITECTS PROPOSED SITE PLAN Ay
FAITH ACADEMY 1" = 50'-0"
00.000
DATE:
TO:
FROM:
RE:
CITY OF IOWA CITY
MEMORANDUM
4/1/2019
BOARD OF ADJUSTMENT
SUSAN DULEK, ASS'T. CITY ATTORNE
BOARD ALTERNATE IN APPEALS
Board members inquired why the recent amendment to the City Code that provides for an alternate
member prohibits the alternate from being in the real estate business. Section 14-7A-2E of the City
Code reads:
Alternate Member: An alternate member, if available, shall be appointed as provided herein, to
replace a member who is unable to participate in an appeal of an administrative decision due to a
conflict of interest. Any person who has served as a member of the board within the five (5) years
preceding the filing of the appeal, and who represents the public at large and is not involved in the
business of ourchasing or selling real estate, shall be qualified to serve as an alternate. When the
member has recused himself/herself due to a conflict and the date of hearing before the board has
been set. the Secretary of the board shall nntifv Al w inh norcnns and tho fimf rn nnma fn Qo...o ac
the alternate is hereby appointed to do so. (emphasis added)
State law prohibits a majority of the members of a board of adjustment from being in the business of
purchasing or selling real estate. Section 414.8 of the Iowa Code reads in part: A majority of the
members of the board of adjustment shall be persons representing the public at large and shall not be
involved in the business of purchasing or selling real estate.
In drafting the new City Code provision, it was thought to be less burdensome for staff to prohibit the
alternate from being in the real estate business as opposed to having a person in the real estate
business volunteer to serve as an alternate and then having to determine if there are two current Board
members involved in the real estate business.
Copy to: Jessica Lile
Anne Russett
MINUTES
BOARD OF ADJUSTMENTS
FEBRUARY 13, 2019 — 5:15 PM
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT:
Ryan Hall, Amy Pretorius, Zephan Hazell
MEMBERS ABSENT:
Connie Goeb
STAFF PRESENT:
Jesi Lile, Sarah Walz, Sue Dulek
OTHERS PRESENT:
CALL TO ORDER:
The meeting was called to order at 5:15 pm
ROLL CALL:
PRELIMINARY
Lile announced that the Board currently has four members and that Goeb contacted her earlier that day
to let her knowthat herflight had been delayed and she would not be able to attend the meeting.
Another member, Amy Pretorius, has a conflict of interest and cannot hear the special exception, which
left only two members, so the meeting did not have a quorum. The special exception EXC18-00008 will
be deferred to the next meeting on March 13, 2019. The City Council will be appointing another board
member at the meeting Tuesday February 19, so the board will be full again and will have four members
who can hear the special exception in March.
Upon learning that Goeb would not be able to attend, Lile notified the applicant and a few neighbors in
opposition to let them know. Given that Goeb is not present, Lile suggested that the board defer their
selection of the chair and vice chair to March, as well as Board procedures as they will have a 51h
member then. Lile then explained that they could proceed to approve the minutes or that could be
deferred as well.
Pretorius motioned to defer, Hazell seconded the motion.
A vote was taken and the motion carried 3-0.
Pretorius moved to adjourn this meeting.
A vote was taken and the motion carried 3-0.
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2018-20198
NAME
TERM EXP.
2/14
5/09
6/13
8/18
12112
2113
COX, ERNIE
12/31/2020
--
--
--
--
--
--
GOEB, CONNIE
12/31/2019
O/E
X
X
X
X
O/E
HALL, RYAN
12/31/2022
X
X
X
X
X
X
HAZELL, ZEPHAN
12/31/2021
X
PRETORIUS, AMY
12/31/2023
X
KEY: X=Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
MINUTES
BOARD OF ADJUSTMENTS
MARCH 13, 2019 — 5:15 PM
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Connie Goeb, Zephan Hazell, Ryan Hall, Amy Pretorius
MEMBERSABSENT: Ernie Cox
STAFF PRESENT: Jesi Lile, Sue Dulek
OTHERS PRESENT:
CALL TO ORDER:
The meeting was called to order at 5:15
ROLL CALL:
Present: Goeb, Hazell, Hall, Pretorius (Cox absent)
NOMINATION AND SELECTION OF BOARD CHAIR & VICE CHAIR:
PRELIMINARY
Hall moved to nominate Goeb as Board Chair, Pretorius seconded the motion, all were in favor. Goeb
moved to nominate Hall as Vice Chair, Pretorius seconded the motion, all were in favor.
Item EXC18-00008: an application submitted by Linda Annis for a special exception to allow for a
buildable, non -conforming lot in the Low Density Single Family Zone (RS-5) located between 409 & 415
Kimball Road in order to build a single-family home.
Lile told the Board that the day before Staff had received a request from the applicant to defer this item
until the next meeting on April 10, in part due to the unavailability of her attorney. Staff has no
objection to this request and has alerted the neighbors.
Goeb asked if anyone wished to move to defer EXC18-00008 to the April 101h meeting. Hall motioned to
defer, Hazell seconded the motion. Goeb, Hall, and Hazell voted to defer, Pretorius abstained due to a
conflict of interest (3-0).
REVIEW BOARD PROCEDURES:
Lile asked the Board if they had any questions or concerns about the procedures they have received
recently. Goeb asked about the language concerning the temporary alternate. Dulek replied that Staff
was working to clarify that language. This section pertains to alternates being allowed in appeals due to
conflict of interest, but that alternate cannot be involved in the purchase or sale in real estate. Goeb
wants to know why this is more strict than the guidelines for being on the Board, which states that the
majority of members cannot be involved in the purchase or sale of real estate.
Hazell wanted to know if there was talk of removing the clause or keeping it. Dulek replied that Staff did
not know, but whatever they proposed would be brought back to the Board for discussion. Hazell stated
that he thought the clause was a good idea. Hazell also wanted to know why the Board could only add
an alternate for appeals, not regular cases. Dulek responded that City Council decided (due to the Lusk
case) that most of the time appeals are where City Staff is challenged, and it is more needed to make
sure that a full Board hears the appeal, rather than special exceptions where cases are not as adversarial
against Staff or the public. Goeb clarified that the only appeals were appeals of administrative and staff
decisions, whereas applicants cannot appeal a special exception, it must go to court. Dulek clarified that
appeals come to the Board of Adjustment first, and it is important to Staff and City Council to have a
five -member Board. Special exceptions are different because they are typically more routine.
Hazell wondered if the Board could decide they would like an alternate if there was a more controversial
case. Dulek replied that all of that was decided through City Ordinance, and that it could be
recommended to City Council.
CONSIDER DECEMBER 12, 2018 MINUTES:
Hall motioned to approve the December 12, 2018 minutes, Hazel seconded, approved (4-0)
ADJOURNMENT:
Pretorius motioned to adjourn, (4-0).
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2018-20198
NAME
TERM EXP.
2/14
5/09
6/13
8/18
12112
2113
3/13
COX, ERNIE
12/31/2020
--
--
--
--
--
--
O/E
GOEB, CONNIE
12/31/2019
O/E
X
X
X
X
O/E
X
HALL, RYAN
12/31/2022
X
X
X
X
X
X
X
HAZELL, ZEPHAN
12/31/2021
X
X
PRETORIUS, AMY
12/31/2023
X
X
KEY: X=Present
O = Absent
O/E = Absent/Excused
--- = Not a Member