HomeMy WebLinkAbout10-09-2019 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, October 9, 2019 — 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
AGENDA
A. Call to Order
1-M:no IKen II
C. Nomination of Vice Chair
D. Consider the July 10, 2019 minutes
E. Special Exception Item
1. EXC19-08: An application submitted by Public Space One for a special exception to
allow for an 86% reduction in parking spaces in the Central Business Service (CB-2)
zone with a Historic District Overlay (OHD) located at 229 N. Gilbert Street.
2. EXC19-09: An application submitted by Gerry Ambrose for a special exception to allow
for a drive -through facility in a Community Commercial (CC-2) zone located at 1681 S.
1It Avenue.
F. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING:
Wednesday, November 13, 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.
To: Board of Adjustment
Item: EXC19-08
Parcel Number: 1010164001
GENERAL INFORMATION:
Applicant/Property Owner:
Contact Person:
Requested Action:
Purpose:
Location:
Location Map:
Size:
Existing Land Use and Zoning:
STAFF REPORT
Prepared by: Jesi Lile, Associate Planner
Date: October 9, 2019
Public Space One, Inc.
229 N. Gilbert St
(319) 885-1985
john@publicspaceone.com
John Engelbrecht
913 E. Jefferson St
(319) 331-8893
john@publicspaceone.com
Special exception to reduce the minimum parking
requirements
To allow for an 86% reduction in parking
229 N. Gilbert St
4,000 square feet
General Community Service
Central Business Service Zone (CB-2) with a
Historic District Overlay (OHD)
1
Surrounding Land Use and Zoning:
Applicable Code Sections:
File Date:
BACKGROUND:
North: Commercial, Central Business Service
Zone (CB-2)
East: Hospital, Commercial Office (CO-1)
South: General Community Service
Central Business Service Zone (CB-2)
with a Historic District Overlay (OHD)
West: Medical Office, Central Business Service
Zone (CB-2)
14-413-3: General Approval Criteria
14-5A-4F: Alternatives to Minimum Parking
Requirements
September 6, 2019
Public Space One is an artist -led nonprofit that provides studio and gallery space as well as
cultural education opportunities for the greater Iowa City community. They are currently located
at 120 N. Dubuque Street, but purchased two houses from the City of Iowa City in August 2019
located at 225 N. Gilbert St. and 229 N. Gilbert St. in order to expand their teaching,
printmaking, gallery, and studio space.
At its June 13, 2019 meeting, the Historic Preservation Commission recommended that these
two properties be designated as local historic landmarks due to their architectural style and
relationship to second generation immigrant families. The Planning & Zoning Commission
concurred, and recommended approval of this rezoning at their June 20, 2019 meeting. At the
City Council meeting held on August 6'", these buildings were rezoned to include a Historic
District Overlay and became local historic landmarks.
The proposed use for the space at 229 N. Gilbert is for a gallery and reception space, a reading
room, and four studio spaces upstairs. Staff has determined this combination of uses be
classified as a General Community Service use because it contains community space and it is
run by a nonprofit organization. General Community Service uses are permitted in the Central
Business Service (CB-2) zone.
For General Community Service Uses, the parking requirement is 1 space for every 300 square
feet of floor area. The property at 229 N. Gilbert St. has 2,010 square feet of floor area, and
therefore would be required to provide 7 vehicle parking spaces in addition to 1 bicycle space.
The applicant is applying for an 86% parking reduction at the 229 N. Gilbert Street location due
to the lot size and unique characteristics of the property. The applicant had previously
considered purchasing the home at 117 N. Van Buren St. for their expansion, and was granted
a 60% parking reduction in 2018 due to some of the same issues, however, the organization did
not end up purchasing the building. The location at 229 N. Gilbert Street has one dedicated
parking space on site behind the building with access off Bloomington Street. However, there
are on -street parking spaces as well as a City -owned parking lot less than 300 feet away, just
east of Blue Bird Diner.
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 14-5A-4F(6), pertaining to Parking Reduction for Other Unique
Circumstances as well as the General Standards laid out in Section 14-413-3.
In order for the Board of Adjustments to grant this special exception request, each of the following
criterion below must be met. The burden of proof is on the applicant, and their comments
regarding each criterion may be found on the attached application. Staff comments regarding
each criterion are set below.
Specific Standards: 14-5A-4F(6): Parking Reduction for Other Unique Circumstances:
6. Parking Reduction For Other Unique Circumstances: Where it can be demonstrated that
a specific use has unique characteristics such that the number of parking or stacking
spaces required is excessive or will reduce the ability to use or occupy a historic property
in a manner that will preserve or protect its historic, aesthetic, or cultural attributes, the
Board of Adjustment may grant a special exception to reduce the number of required
parking or stacking spaces by up to fifty percent (50%) (up to 100 percent for properties
designated as a local historic landmark, listed on the National Register of Historic Places,
or listed as key or contributing structures in a Historic District or Conservation District
Overlay Zone).
FINDINGS:
• The proposed use is unique in that it will not operate as a typical community
service center. Examples of typical community service centers include: libraries,
museums, soup kitchens, etc. These types of establishments expect higher
volumes of people than the proposed use. During peak business hours (9am-
5pm, Monday -Friday), Public Space One expects lower vehicle and foot traffic
than other types of community service centers.
• Most of the events at this location will take place during off-peak traffic times
(evenings and weekends) with some afternoon gallery hours.
• The historic nature of this property makes providing additional parking impossible
while still preserving its historic attributes because of the small lot size and
location of the house.
• The property is in a particularly walkable area of the city: near Downtown, close
to campus, and within a high -density mixed -use neighborhood that is well served
by bike facilities and transit routes.
• On -street parking, including metered parking, is available, and the property is
located less than 300-feet away from a City -owned parking lot.
General Standards: 14-413-3: Special Exception Review Requirements:
In order for the Board of Adjustments to grant this special exception request, each of the following
criterion below must be met. The burden of proof is on the applicant, and their comments
regarding each criterion may be found on the attached application. Staff comments regarding
each criterion are set below.
3
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
FINDINGS:
• A reduction in parking will not have any detrimental or endangering effects on the
surrounding public realm due to low traffic volumes during peak business hours,
the availability of parking nearby, and the walkable nature of the neighborhood.
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.
FINDINGS:
There are many public parking options near -by.
A reduction in parking for this use will not impact other commercial uses in the
vicinity because many people going to events at Public Space One will arrive by
bicycle or walking, as they have in the past.
o Staff has recommended a condition that the applicant provide at least 8
bicycle parking spaces on -site. The applicant is currently working with the
City to find a bike rack, but will purchase one for the property if there are
none available through the City.
Maintaining the historical qualities of the property by not adding spaces will
enhance the enjoyment and property values of existing properties in the area.
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.
FINDINGS:
• The property is located in a neighborhood that is already developed.
• A reduction in parking will not impede development or improvements of nearby
properties because this is a walkable, urban neighborhood that supports a variety
of commercial businesses already.
• There is on -street and metered parking nearby as well as a City -owned parking
lot.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
All necessary utilities and other facilities (access roads, streets, sidewalks, storm
water management etc.) are already in place for this property and the
surrounding neighborhood.
5. Adequate measures have been or will betaken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
There will be space for only one vehicle to park on this property, minimizing
ingress and egress.
The proposed community service use will generate negligible traffic as there will
not be a large number of people on -site at the same time and most people that
utilize Public Space One have historically arrived by either walking or biking.
Special events will mostly be held on evenings and weekends, minimizing traffic
congestion during peak business hours (9am-5pm, Monday -Friday).
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.
FINDINGS:
• The property complies with all other regulations and standards of the zone in
which this property is located.
7. The proposed exception will be consistent with the Comprehensive Plan of the
City, as amended.
FINDINGS:
The proposed special exception will help to further many of the goals of the
Comprehensive Plan including:
o Increasing visibility and awareness of arts & culture programs.
o Supporting non -profits involved in arts programing.
o Providing appropriate transitions between commercial areas and
residential zones.
o Maintaining a strong and accessible Downtown that is pedestrian oriented
with a distinctive cultural, commercial, and residential character.
o Preserving and promoting unique aspects of the Northside Marketplace.
o Preserving historic resources and reinvesting in established
neighborhoods.
Staff received email correspondence from a resident and property owner in the neighborhood
with concerns about the lack of available public parking on the Northside (Attachment 4).
STAFF RECOMMENDATION:
Staff recommends approval of EXC19-08, a special exception to allow an 86% reduction in
parking spaces in the CB-2 zone with an OHD overlay located at 229 N. Gilbert Street, with the
following condition:
1. The applicant provide at least 8 bicycle parking spots in lieu of vehicle parking.
ATTACHMENTS
1. Location Map
2. Zoning Map
3. Application Materials
4. Correspondence
Approved by:
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
FF
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An application submitted by Public
Space One, Inc. for a special
exception to allow the reduction of
minimum parking requirements for the
4,000 sq ft property located at 229
North Gilbert Street.
APPLICATION TO THE
BOARD OF ADJUSTMENT
DATE: 9/6/19
SPECIAL EXCEPTION
PROPERTY PARCEL NO. 1010164001
PROPERTY ADDRESS: 229 N Gilbert St
PROPERTY ZONE: CB-2
PROPERTY LOT SIZE: 4000 sq ft
Name: Public Space One, Inc
APPLICANT:
Address: 229 N Gilbert St
Phone: 319.855.1985
Email: John@publicspaceone.com
Name: John Engelbrecht
CONTACT PERSON:
(if other than applicant)
a
Address: 913 E Jefferson St
Phone: 319.331.8893
Email:lohn@publicspaceone.com
Name:
G,
PROPERTY OWNER:
(if other than applicant)
Address:
Phone:
r"
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-lile@iowa-city.org.
Purpose for special exception: Reduce minimum parking requirements
Date of previous application or appeal filed, if any:
-2-
In order for your application to be considered complete, you must provide responses to all of the
information requested below. Failure to provide this information may delay the hearing date
for your application. A pre -application consultation with Planning staff is STRONGLY
recommended to ensure that your application addresses all of the required criteria.
As the applicant, you bear the burden of proof for showing that the requested exception should be
granted. Because this application will be presented to the Board of Adjustment as your official
statement, you should address all the applicable criteria in a clear and concise manner.
INFORMATION TO BE PROVIDED BY APPLICANT:
A. 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.com/or by calling 319-356-6066.
B. Plot Plan/Site Plan drawn to scale showing all of the following information:
1. Lot with dimensions;
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 14-413-4 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 Boardg
Adjustment.
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D. General Approval Criteria: In addition to the specific approval criteria addressed in
"C", the Board must also find that the requested special exception meets the
following general approval criteria or that the following criteria do not apply. In
the space provided below, or on an attached sheet, provide specific information,
not just opinions, that demonstrate that the specific requested special exception
meets the general approval criteria listed below or that the approval criteria are
not relevant in your particular case.
The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or general welfare.
Reduction in parking requirements for this property will have no
detrimental and endangering impact on the public realm around us.
2. The specific proposed exception will not be injurious to the use and
enjoyment of other property in the immediate vicinity and will not
substantially diminish and impair property values in the neighborhood.
Reduction in parking requirements for this property will not impact the use
and enjoyment of other property in the vicinity, or negatively imlibct
property values. Maintaining the qualities of this historic'properl by not.,
adding parking spaces will likely enhance the use, enjoyme-At, and _
property value of other property in the vicinity. 2
C?
N
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.
This exception will not impede normal and orderly development as there
is ample public parking, on -street and in city lots less than half a block
away.
4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
Utilities, access roads, drainage, and other facilities are already
established and will not be impacted by this exception.
IQ
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
A parking reduction will minimize traffic congestion due to ingress/egress,
as there will be no vehicular ingress/egress from the property.
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 14-413 as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K).]
We are complying with all other regulations and standards of the zone in
which this property is located.
7. The proposed use will be consistent with the ComprehensS ve Plan of the
City. :c) �n
SEE ATTCHMENT
0
NOTE: Conditions. In permitting a special exception, the Board may impose appropriate
conditions and safeguards, including but not limited to planting screens, fencing,
construction commencement and completion deadlines, lighting, operational controls,
improved traffic circulation requirements, highway access restrictions, increased minimum
yard requirements, parking requirements, limitations on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the circumstances
upon a finding that the conditions are necessary to fulfill the purpose and intent of the
Zoning Chapter. (Section 14-8C-2C-4, City Code).
Orders. Unless otherwise determined by the Board, all orders of the Board shall
expire six (6) months from the date the written decision is filed with the City Clerk,
unless the applicant shall have taken action within the six (6) month period to
establish the use or construct the building permitted under the terms of the
Board's decision, such as by obtaining a building permit and proceeding to
completion in accordance with the terms of the permit. Upon written request, and
for good cause shown, the Board may extend the expiration date of any order
without further public hearing on the merits of the original appeal or application.
(Section 14-8C-1E, City Code).
Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved
by any decision of the Board under the provisions of the Zoning Chapter, or any
taxpayer or any officer, department or board of the City may present to a court of
record a petition for writ of certiorari duly verified, setting forth that such decision
is illegal, in whole or in part, and specifying the grounds of the illegality. (Section
14-8C-1 F, City Code). Such petition shall be presented to the court within thirty (30)
days after the filing of the decision in the office of the City Clerk.
Date:
September 6 20 19
J
Signature(s) of Applicant(s)
Date: September 6 2019
Signature(s) of
if Different than
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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
SEE ATTACHMENT
ADDRESS
fir..
4
CD
Attachments to Public Space One September 6 2019 BOA application
A. Legal
parcel number: 1010164001
legal description: IOWA CITY (ORIGINAL TOWN) N 50' LOT 1 BLK 58
D. Addendum:
7. The proposed use will be consistent with the Comprehensive Plan of the City in a
number of ways:
This reduction will allow us to touch on several components of the Comprehensive plan
including the following three areas.
Arts and Culture Goals and Strategies:
• Increase visibility and awareness of Arts and Culture Programs
• Support Arts and Culture programs that reflect and serve Iowa
City's changing demographics
• Support non -profits involved in arts programming
From Land Use Goals and Strategies:
• Provide appropriate transitions ... between commercial axgas and
residential zones.
• Maintain a strong and accessible Downtown that is_pede4tjian "
oriented with a strong and distinctive cultural, commer-pial,,'and
residential character. r; ti
• Encourage continued investment in the Downtown-tc ,ssur"e its!
place as the center of arts, culture°
From Northside Marketplace Goals and Objectives:
• Preserve and promote unique aspects of the Northside Marketplace
E.
CHUDACEK, MARY
214
N GILBERT ST
IOWA CITY
IA
52245-2124
ELLEN
PUBLIC SPACE
225
N GILBERT ST
IOWA CITY
IA
52245-2125
ONE INC
JULIA ELLA
318
N GILBERT ST
IOWA CITY
IA
52245-2126
LEUPOLD
REVOCABLE
TRUST
MIKE & MELISSA
312
E MARKET ST
IOWA CITY
IA
52245-2171
KARR REVOCABLE
TRUST
LEE, MICHAEL
214
N LINN ST
IOWA CITY
IA
52245-2149
TZAI-TAO
TSB HOLDINGS
210
N LINN ST
IOWA CITY
IA
52245-2149
LLC
TSB HOLDINGS
208
N LINN ST
IOWA CITY
IA
52245-2149
LLC
CHUDACEK, MARY
204
N GILBERT ST
IOWA CITY
IA
52245-2124
ELLEN
CHUDACEK, MARY
402
E MARKET ST
IOWA CITY
IA
52245-2627
ELLEN
MALNICK LLC
305
N GILBERT ST
IOWA CITY
IA
52245-2127
MERCY HOSPITAL
230
N GILBERT ST
IOWA CITY
IA
52245-2124
PUBLIC SPACE
229
N GILBERT ST
IOWA CITY
IA
52245-2125
ONE INC
SMITH -RUST
319
E BLOOMINGTON
IOWA CITY
IA
52245-2103
PROPERTIES L L P
ST
DENDRYS LLC
219
N GILBERT ST
IOWA CITY
IA
52245-2125
r.,
PRESTIGE
321
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IOWA CITY
A:'
52�G45-2107
PROPERTIES DEV
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LLC
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JEAN ANN
319
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IOWA CITY
IA
52245-2107
DATERSINTER
ST
VIVOS TRUST
DRAGONFLY
325
N GILBERT ST
IOWA CITY
IA
52245-2127
PROPERTIES II
LLC
DOBBERSTEIN,
318
N LINN ST
IOWA CITY
IA
52245-2151
DWIGHT A
BLOOMINGTON
430
E BLOOMINGTON
IOWA CITY
IA
52245-2802
STREET
ST
PROPERTIES, LLC
BLOOMINGTON
424
E BLOOMINGTON
IOWA CITY
IA
52245-2800
STREET
ST
PROPERTIES, LLC
PRESTIGE
412
E BLOOMINGTON
IOWA CITY
IA
52245-2800
PROPERTIES IV
ST
LLC
FOWLES, DON C
310
N GILBERT ST
IOWA CITY
IA
52245-2126
FISHER, PATRICIA
315
N GILBERT ST
IOWA CITY
IA
52245-2127
ANN
WILLIAMS, JAY
322
E BLOOMINGTON
IOWA CITY
IA
52245-2102
ST
LLOYD, OLIN L
318
E BLOOMINGTON
IOWA CITY
;--IA
52245-2102
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SKARDA,
302
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IOWA CITY
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VLADIMIR F
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FISHER, PATRICIA
311
LNGILBERTST
IOWA CITY
IA
52245-2127
ANN
PRESTIGE
IOWA CITY
IA
52245-2800
PROPERTIES IV,
7EBLOOMINGTON
LLC
OFFICE 414 LLC
414
E MARKET ST
IOWA CITY
IA
52245-2627
MERCY HOSPITAL
500
E MARKET ST
IOWA CITY
IA
52245-2633
ZJ-7 LLC
410
E MARKET ST
IOWA CITY
IA
52245-2627
CHUDACEK, MARY
210
N GILBERT ST
IOWA CITY
IA
52245-2124
ELLEN
GILPIN, WILLIAM P
330
E MARKET ST
IOWA CITY
IA
52245-2171
TR
ARMOND &
317
E BLOOMINGTON
IOWA CITY
IA
52245-2103
LORYNE PAGLIAI
ST
REVOCABLE
TRUST
SCHINTLER, JOEL
315
E DAVENPORT
IOWA CITY
IA
52245-2107
D
ST
DOBBERSTEIN,
311
E DAVENPORT
IOWA CITY
IA
52245-2107
DWIGHT A
ST
202 LINN LLC
202
N LINN ST
IOWA CITY
IA
52245-2149
206 ENTERPRISE
206
LINN ST N
IOWA CITY
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52245-2149
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CITY OF IOWA CITY
REVENUE DIVISION
410 E WASHINGTON ST
IOWA CITY, IA 52240
(319) 356-5066
010350-0020 Tammy H, 09/06/2019 10:46AM
MISCELLANEOUS
Description: OTHER
(OTHER)
Reference 1: EXC19-
Reference 2: 00008
OTHER (OTHER)
2020 Item: OTHER
1 6 460,00
OTHER (OTHER)
460.00
95900000-101100-
460,000
10610620-341200-
460.000
Payment Id: 360667
460.00
Subtotal 460.00
Total 460.00
CHECK 460.00
Check Number 5418
Change due 0.00
Paid by: PUBLIC SPACE ONE
THANK YOU FOR YOUR PAYMENT
CUSTOMER COPY
From:
Michael Oliveira
To:
Jessica Lile
Cc:
Geoff Frain
Subject:
229 North Gilbert Exception Permit
Date:
Monday, September 30, 2019 12:53:38 PM
Hi Jessica,
Since I live in the neighborhood — let me share what happening now. Gilbert Street after 5PM north
of Bloomington allows for parking on both side of the street. I have seen at least 4 accidents this
year where mirror(s) were ripped off or cars sideswiped because not enough space for two cars to
pass. Also it difficult to see at the intersection of Davenport/N. Gilbert to see when cars are parked
near the stop signs — we had had several crashes there this year. I cannot tell how many times I had
to call the police to ticket cars blocking the crosswalk sidewalks in the area. Every day, starting at
5:30AM - I see university worker(s) and students fill up the side streets (N. Van Buren, Davenport,
Bloomington and Gilbert Streets). The neighborhood just got a coffee shop at N. Van Buren and
Bloomington and new high rise at Market and N. Van Buren whom got exceptions to the parking
requirements. The concern is how much more pressure is the city staff going to put on the
residential neighborhood? Our recommendation is the City should find some parking for cars and
mopeds to support these new additions to the city because not every walks or rides a bike!
Let me know if you have any questions,
Mike Oliveira
General Manager
Prestige Properties, LLC
329 E. Court Street, Suite 2
Iowa City, IA 52240
319-512-7616 x 5
From: Jessica Lile <Jessica-Life@iowa-city.org>
Sent: Monday, September 30, 2019 10:02 AM
To: Michael Oliveira <moliveira@prestigeprop.com>
Subject: RE: 229 North Gilbert
Mike, I'm not sure I understand your question/concern. The City purchased the property earlier this
year and it was rezoned to a historic local landmark in order to preserve the building. It was
purchased by Public Space One in August for gallery and studio space, and is considered a
Community Service Use. Because of the walkable location and nearby public transit as well as on-
street metered parking and close proximity to a City -owned parking lot, they are requesting that the
Board of Adjustment grant a parking reduction, as allowed by the City Code. Historically, people who
utilize Public Space One typically walk or bike, and most of their events are outside of peak traffic
times, making their request for parking reduction reasonable.
Best,
Jesi Lile
Associate Planner
City of Iowa City
(319) 356-5240
From: Michael Oliveira[mailto:moliveira(@Drestiaeprop.com]
Sent: Friday, September 27, 2019 2:19 PM
To: Jessica Lile <Jessica-Lile(@iowa-city.org>
Subject: 229 North Gilbert
Hi Jessica,
We have a concern about the City of Iowa City use of 229 and the lack of parking and not the
request for extension. We have received a formal notice and I would like to know the process of
why was parking not a consideration before the city purchased these building and then put them
into historic status!
Please let me know.
Mike Oliveira
Home Owner in the Area
Business Owner of Adjacent property
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STAFF REPORT
To: Board of Adjustment
Item: EXC19-09
Parcel Number: 1014486007
GENERAL INFORMATION:
Applicant/Property Owner:
Contact Person:
Requested Action:
Purpose:
Location:
Location Map:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Prepared by: Jesi Lile, Associate Planner
Date: October 9, 2019
Gerry Ambrose
250 1211 Ave, Suite 150
Coralville, IA
(319) 631-8888
ambrosegd@gmail.com
Thomas McInerney
1208 Marcy St
Iowa City, IA
(319) 331-0365
macarchitect@me.com
A special exception to allow a drive -through
facility in a Community Commercial (CC-2) zone
To allow for the use of an existing but inoperable
drive -through window for a donut shop
1681 South 11'Avenue
33,010 square feet
Commercial; Community Commercial (CC-2)
North: School; Neighborhood Public (P-1)
East: Commercial; Community Commercial
(CC-2)
1
Applicable Code Sections:
File Date:
BACKGROUND:
South: Commercial; Community Commercial
(CC-2)
West: Commercial; Community Commercial
(CC-2)
14-413-3: General Approval Criteria
14-4C-2K: Specific Approval Criteria for Drive -
Through Facilities
September 6, 2019
The building at 1681 S. 1It Avenue is a four -unit commercial building. It was built in 2002 with a
drive -through window installed on the west side of the building. The applicant was granted a
special exception in December 2002 for the use of a drive through window for a dry-cleaning
service (recorded on December 13, 2002 in Book 3440, Page 241). The special exception was
for auto- and truck -oriented uses and was based on a previous version of the Iowa City
Municipal Code, which was updated in 2005.
The drive -through use was never established. An applicant is required to establish the use
granted by a special exception within six months of approval by the Board of Adjustment unless
otherwise specified, or they must re -apply. In this case, the applicant is required to apply for a
new special exception due to the lack of established use. The current business in that location,
a Vietnamese restaurant, does not currently use the drive -through window.
The buildings to both the east and west are connected to the subject property by way of their
parking lots. To the east at 1575 S. 1It Avenue is a coffee shop and a gym. To the west at 1705
S. 1It Avenue is a building containing a variety of businesses such as retail uses, restaurants, a
yoga studio, medical offices, and a social service organization (Reach for Your Potential)
(Figure 1).
T.
Figure 1. Layout of the surrounding buildings and parking lot.
The design of the parking lot has created circulation issues that have been brought to staff's
attention. The parking lot at 1705 S. 1 st Avenue is a one-way drive from west to east both in
front of and behind the building that shares an exit with the building at 1681 S. 1 st Avenue (red
arrows). The building owners have a shared drive easement that was put into place in 2002
(recorded October 22, 2002 in Book 3405, Page 375). Due to the narrow drive to access the
back of the building at 1705 S. 1"Avenue, delivery trucks park and unload on the east side of
the building in the exit lane (Figure 2). This blocks one of the lanes out of the parking lot. There
are also Johnson County SEATS transportation vehicles and buses that circulate throughout the
parking lot multiple times a day picking up and dropping of patients and customers.
The proposed drive -through would be accessed by vehicles going around the back of the
building on the west side, through the rear parking lot of 1681 S. 1It Avenue, and pulling into the
drive -through on the east side of the building (yellow arrows).
The coffee shop to the east at 1575 S. 1 st Avenue is another business that experiences peak
times in the morning. While it does not have a drive -through window, the entrance to the
business and much of the parking is on the east side of the building, potentially causing conflicts
with customers trying to get to the drive -through. Another potential conflict is from the rear
parking lot. Though it does not experience excessive use, the proposed stacking spaces may
cause circulation issues for vehicles exiting.
The applicant is requesting that the board reduce the number of recommended stacking spaces,
as well as reducing the landscaping and screening requirements. Staff has concerns regarding
the design of the drive -through, the stacking spaces, and the potential conflicts in circulation
patterns. Typically, drive-throughs are designed with stacking spaces wrapped around the
building instead of through a shared driveway/parking lot in order to reduce vehicle and
pedestrian conflict.
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 the Specific Criteria for Drive -Through
Facilities as well as the General Standards laid out in Section 14-413-3.
In order for the Board of Adjustment to grant this special exception request, each of the following
criterion below must be met. The burden of proof is on the applicant, and their comments
regarding each criterion may be found on the attached application. Staff comments regarding
each criterion are set below.
Specific Standards: 14-4C-2K(3) Specific Approval Criteria for Drive -Through Facilities
3. Special Exception Approval Criteria:
a. Access And Circulation: The transportation system should be capable of safely
supporting the proposed drive -through use in addition to the existing uses in the area.
Evaluation factors include street capacity and level of service, effects on traffic
circulation, access requirements, separation of curb cuts, and pedestrian safety in
addition to the following criteria:
FINDINGS:
The existing street capacity of S. 111 Avenue is adequate to handle a potential increase
in traffic from a drive -through business.
Traffic circulation issues have been reported by both an owner and a patron of
neighboring businesses to the west. There are complaints of inadequate parking,
circulation issues with the current parking lot, delivery trucks using the east side of
1705 S. 111 Avenue for parking and unloading as they cannot access the rear
entrances, issues with the many one-way routes throughout the parking lot, and people
parking in the proposed drive -through lane.
(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 access to the proposed drive -through would be from the existing driveways off
of S. 111 Avenue which is classified as a minor arterial street.
• The property owner has maintained a shared driveway easement with 1705 S. 1s'
Avenue since 2002. The proposed drive -through would be located directly east of
the shared driveway.
(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:
• The applicant is not asking for any additional curb cuts.
(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 applicant cannot provide 6
spaces without wrapping into the
rear parking lot. Figure 3 shows the
applicant's plan for stacking
=�
spaces. Though the diagram
shows that there is room for
vehicles to exit from behind 1705
i
S. 1s' Avenue to the east and the
parking lot behind 1681 S. 1s'
Avenue, this assumes that any
E,s,N.
delivery truck will park directly
HARED
against the wall of 1705 S. 1s'
oarvErvnr
`ASPJ"
Avenue, leaving little room for the
driver to maneuver and unload
products. Additionally, the
proposed shared design of the
parking lot does not lend itself to
straight -forward circulation
patterns.
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Figure 3. Proposed exit lane and stacking spaces.
5
The applicant is asking for a reduction in the number of required stacking spaces,
and must demonstrate the unique characteristics of the business that would require
fewer stacking spaces.
o The applicant expects to have only two stacking spaces utilized at one time
due to quick turnaround (they expect each order will take approximately 2
minutes to fulfill), but the need for additional stacking spaces may increase
during peak hours of operation.
Typically, drive -through facilities design their stacking spaces to wrap directly
around a building with traffic patterns that take vehicles around the outside of the
parking lot, leaving room for vehicles to park in areas of the lot that avoid conflicts
with vehicles entering and exiting the drive through area as well as pedestrians.
Figure 4 shows two examples of typical drive -through design in Iowa City.
Figure 4. Aerial view of two drive-throughs in Iowa City.
(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:
• There is currently one exit sign at the west driveway but no other signs or pavement
markings that indicate direction of vehicular travel, pedestrian crossings, or entrance
areas within the parking lot. In order to meet this criterion, the applicant must add
additional signage and pavement markings to direct traffic.
b. Location:
(t) 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 property is not located in the CB-2 zone or in the Riverfront Crossings District.
(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 proposed drive -through window is not set back ten feet from the adjacent
property line, but applicant has a shared drive easement with the property to the
west at 1705 S. 1 st Avenue.
• The drive -through window is not located near the public right-of-way.
• There is currently some landscape screening between the drive -through lane and S.
1st Avenue that meets S2 screening, but no landscaping between the proposed
drive -through at 1681 S. 1It Avenue and 1705 S. 1It Avenue to the west. Due to the
nature of the shared drive, meeting the screening standards is not possible.
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.
FINDINGS:
The subject property is not surrounded by any residential uses or residentially zoned
properties.
Pedestrian circulation on the subject property is primarily located in the front of the
building where business entrances and most of the available/convenient parking is
located.
(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 applicant is proposing to utilize the single drive -through lane that is currently
non -operational.
• The existing lane is already paved and does not affect the street-scape or
pedestrian environment on S. 11' Avenue.
(2) Drive -through lanes, bays, and stacking spaces shall be screened from views
from the street and adjacent properties to the S2 standard. If the drive -through is
located adjacent to a residential use or property zoned residential, it must be
screened from view of these properties to at least the S3 standard. To preserve the
pedestrian oriented character of streets in the CB-2 zone and the riverfront crossings
district, the board may require the drive -through to be incorporated within the
building or be screened with masonry street walls and landscaping. Street walls shall
be a minimum of five feet (5') in height and shall be designed to complement the
principal building on the site.
FINDINGS:
The property is not located next to a residential zone, so it must meet S2 screening
rather than S3 screening standards.
Due to the layout of the proposed drive -through and its proximity to the shared
driveway easement, the applicant cannot provide screening to the S2 standard
between the proposed drive -through and the adjacent property at 1705 S. 1s'
Avenue.
o The applicant wishes the board to waive this particular screening
requirement because the drive through faces a brick wall with no windows.
(3) Multiple windows servicing a single stacking lane (e.g., order board, payment
window, pick up window) should be considered to reduce the amount of idling on the
site.
FINDINGS:
There is only one servicing lane for all ordering, payment, and pickup.
o The applicant feels this is sufficient due to the limited menu options, the lack
of a menu board, and lack of food preparation necessary at the time of
ordering.
(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:
• The proposed drive -through has a fairly low potential for pedestrian conflicts.
• The proposed drive -through has a high potential for vehicle conflicts between
delivery truck parking on the east side of 1705 S. 1s' Avenue, vehicles exiting
through the shared driveway easement, the frequent drop-offs and pick-ups from
the Johnson County SEATS busses, and congestion from the coffee shop to the
east.
(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:
• Outdoor lighting should not be a problem due to the proposed hours of operation
(6:30 am — 6 pm depending on the season).
(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:
• The applicant is not proposing to have an intercom or loudspeaker system. All
ordering, pick-up, and payment would be at the proposed drive -through window.
General Standards: 14-413-3: Special Exception Review Requirements:
In order for the Board of Adjustments to grant this special exception request, each of the following
criterion below must be met. The burden of proof is on the applicant, and their comments
regarding each criterion may be found on the attached application. Staff comments regarding
each criterion are set below.
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
FINDINGS:
• There are not very many pedestrians that utilize the drive -through lane area, but
the parking lot in general is not very pedestrian friendly as there are no clearly
marked pedestrian routes.
• There are traffic and circulation conflicts that already occur with surrounding
businesses:
o Delivery trucks and exit patterns in the shared driveway with 1705 S. 1It
Avenue.
• The layout of the drive -through would require vehicles to circulate through the
rear parking lot. The proposed drive -through layout does not identify a clear
circulation pattern for vehicles utilizing the drive -through.
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.
FINDINGS:
• There are already existing circulation issues within and between the attached
parking lots.
Trucks that deliver to 1705 S. 1 st Avenue must park in the shared driveway as the
alley to get behind the building is too narrow for semis to utilize. These trucks
deliver in the morning and may conflict with peak times of operation for the
proposed drive -through.
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.
FINDINGS:
The surrounding property is already developed. The addition of the proposed
drive -through should not impede improvement of surrounding properties unless
the businesses or property owner plans to expand, utilizing the rear parking lot
more heavily.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
There are adequate utilities and other necessary facilities for this property, as the
site has been developed since 2002.
5. Adequate measures have been or will betaken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
• The addition of the proposed drive -through should not affect traffic congestion on
S. 1 st Avenue, however there are considerable circulation issues within the
parking area itself.
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.
FINDINGS:
The applicant is requesting a reduction in screening requirements and the
minimum recommended number of stacking spaces. Aside from those requests,
the proposed drive -through conforms to zoning standards.
10
7. The proposed exception will be consistent with the Comprehensive Plan of the
City, as amended.
FINDINGS:
• The Comprehensive Plan encourages supporting and growing locally -owned
businesses.
STAFF RECOMMENDATION:
Staff recommends denial of EXC19-09, an application submitted by Gerry Ambrose to allow for
a drive -through window at 1681 S. 1 st Avenue because the applicant has not demonstrated that
the proposed drive -through meets the following criteria:
Specific Standards 14-4C-2K
3a. Access And Circulation: The transportation system should be capable of safely
supporting the proposed drive -through use in addition to the existing uses in the area.
Evaluation factors include street capacity and level of service, effects on traffic
circulation, access requirements, separation of curb cuts, and pedestrian safety in
addition to the following criteria:
Staff observation and reports from both an owner and a patron of neighboring
businesses to the west have raised concerns about traffic circulation issues. There are
complaints of inadequate parking, circulation issues with the current parking lot,
delivery trucks using the east side of 1705 S. 1 Sr Avenue for parking and unloading as
they cannot access the rear entrances, observed issues with the many one-way routes
throughout the parking lot, and people parking in the proposed drive -through lane.
3a(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 thes
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).
• The applicant cannot provide 6 spaces without wrapping into the rear parking lot.
• The shared design of the parking lot entrances and exits does not lend itself to straight-
forward circulation patterns.
3c(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.
11
• The proposed drive -through has a high potential for vehicle conflicts between delivery
truck parking on the east side of 1705 S. 1"Avenue, vehicles exiting through the
shared driveway easement, the frequent drop-offs and pick-ups from the Johnson
County SEATS busses, and the congestion from the coffee shop to the east.
General Standards: 14-413-3:
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.
• There are already existing circulation issues within and between the attached
parking lots.
• Trucks that deliver to 1705 S. 1 st Avenue must park in the shared driveway as the
alley to get behind the building is too narrow for semis to utilize. These trucks
deliver in the morning and may conflict with peak times of operation for the
proposed drive -through.
ATTACHMENTS
1. Location Map
2. Zoning Map
3. Application Materials
Approved by:'4�1
• �`
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
12
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An application submitted by Gerry
Ambrose for a special exception
allowing a drive -through for Daylight s
Donuts, a 33,010 sq ft property located '
at 1681 South 1st Avenue.
APPLICATION TO THE
SPECIAL EXCEPTION
BATE: x� �� 0I 7 PROPERTY PARCEL NO. )O N 4 8 (41'7
PROPERTY ADDRESS: 1108I 50"+j 15 Aue
PROPERTY ZONE: C C 2.
PROPERTY LOT SIZE: '3p to v —r
Name:t`�faf
PY AM AOSa
APPLICANT:
„50 11.1� pvE
Address:
e�; 19 g
Phone:
Email:
p3 Ccs c t t 2V'Y1 i k t,
COM
Name:
� �`� �`' j�Et�.r.��`(
CONTACT PERSON:
(if other than applicant)
Address: , 4
wA
Phone:
f Of a (0 57
Email:
L�
m
Name:
A2ercyc=
PROPERTY OWNER:
(if other than applicant)
Address:
Phone:
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-mailjessica-lile@iowa-city.org.
Purpose for special exception: lam* y I HkoOW -0
PGA) JT CIS
Date of previous application or appeal filed, if any:
UT- No 1>1AJ)U(o
-2-
In order for your application to be considered complete, you must provide responses to all of the
information requested below. Failure to provide this information may delay the hearing date
for your application. A pre -application consultation with Planning staff is STRONGLY
recommended to ensure that your application addresses all of the required criteria.
As the applicant, you bear the burden of proof for showing that the requested exception should be
granted. Because this application will be presented to the Board of Adjustment as your official
statement, you should address all the applicable criteria in a clear and concise manner.
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.comfor 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 ekh
property opposite or abutting the property in question; C µ
6. Parking spaces and trees -existing and proposed. M `
7. Any other site elements that are to be addressed in the specifie<critgria foT
your special exception (i.e., some uses require landscape screaningObuffers,
stacking spaces, etc.) <� -ro an-
C. Specific Approval Criteria: In order to grant a special exception, theoard ust fired'
that the requested special exception meets certain specific approval criteri'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 14-4B-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-
lilegiowa-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.
-3-
D. General Approval Criteria: In addition to the specific approval criteria addressed in
"C", the Board must also find that the requested special exception meets the
following general approval criteria or that the following criteria do not apply. In
the space provided below, or on an attached sheet, provide specific information,
not just opinions, that demonstrate that the specific requested special exception
meets the general approval criteria listed below or that the approval criteria are
not relevant in your particular case.
1. The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or general welfare. pp
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2. The specific proposed exception will not be injurious t4rcthe use ON,
enjoyment of other property in the immediate vicimt` !!�d -will of
substantially diminish and impair
,property values in the nei borhpod. x
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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.
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4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
ME
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
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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 14-4B asbarell as
requirements listed in the base zone or applicable ov6i'l (z a and
applicable site development standards (14-5A through K).] -u
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31 13S t f3 i£% 'GC(A L_ F-a(C P OI)
7. The proposed use will be consistent with the Comprehensive Plan of the
City. 1 p^
TL iN OP ` 14C C I7`(.
-5-
E.
List the names and mailing addresses of the record owners of all property located
within 300 feet of the exterior limits of the property involved in this appeal:
NAME
ADDRESS
5GET
c
u,
r-
cxr
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 148C-2C-4, City Code).
Orders. Unless otherwise determined by the Board, all orders of the Board shall
expire six (6) months from the date the written decision is filed with the City Clerk,
unless the applicant shall have taken action within the six (6) month period to
establish the use or construct the building permitted under the terms of the
Board's decision, such as by obtaining a building permit and proceeding to
completion in accordance with the terms of the permit. Upon written request, and
for good cause shown, the Board may extend the expiration date of any order
without further public hearing on the merits of the original appeal or application.
(Section 14-8G1 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-1F, 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,C�
Date: '" 20 � -
Signature(s) of Applicant(s)
Date: SEPTEMBER 6 20 19 ^
ppdadmiftpplicatio boas .doc
Gerry Ambrose
Signature(s) of Prpperty Mvner(s)
if Different than Apdica )
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'-Knt
CO
Parcel Number Mailing Name
Mailing Addreml Mailing AddreAgG
Mailing Addrea53
Mailing Zip Coda
Legal Dasoiptun
1014469003
S & M EAST LC :
14B6 5 1ST AVE SHE A
I0WA CITY, IA
5224D
EASTDALE MALL LOTS
3014489004
5 & M EAST LC
1486 S 1ST AVE STE A
IOWA CRY, IA
52240
EASTDALE MALL LOT 2 & ELY 92.84'
LOT 1
1023102D02
S & M EAST LC
1486 5 1ST AVE GTE A
IOWA CITY, IA
52240
EASTDALE MALL LOT 7
1014486007
GERRY AMBROSE
250 12TH AVE STE 150
CORALVITE, IA
52241
OH1-C SUBDIVISION, REPLAT OF PORTION OF LOTS 5 & 6 ESC SWLY 4T LOT 5
1014492009
IOWA CITY COMM SCHOOL DISTRICT
1725 N DODGE ST
IOWA CITY, IA
52245
DHL'S SD, RESD LT 5 & PT 4&6, RESD LT 4 LOTS 2.9
1014466008
GERRY AMBROSE
25012TH AVE STE 150
CORALVILLE, IA
52241
CHUB SUBDIVISION, REPEAT OF PORTION OF LOTS I & B Ell LAND DESC IN SK I
1023103001
LIBERTY GROWTH IV LC
1700 FIRST AVE *1
IOWA CITY, IA
5224C
EASTDALE PLAZA CONDOMINIUM
UNIT I EAC THAT PART DESC AS UNIT 1.1 IN BY
1023103002
ROBERT STEVEN &CYNTHIA K COOK
741. FAIRWAY LN SE
IOWA CITY, IA
52240
EASTDALE PLAZA CONDOMINIUM
UNIT 1.1 AS DESC IN BK 1886 PG 286
1023103003
ROBERT STEVEN At CYNTHIA K COOK
741 FAIRWAY IN SE
IOWA CRY, IA
52240
EASTDALE PLAZA CONDOMINIUM
UNITS 2 & 3
10233103004
PAMELA L SMITH
3029 CLOVER ST
IOWA CRY, IA
52245
EASTDALE PLAZA CONDOMINIUM
UNIT 4
1023103005
JOANN R KAUFFMANN-FIRKINS
2935 480T1 ST SW
IOWA CITY, TA
52240
EASTDALE PLAZA CONDOMINIUM
UNIT 5
1023103006
JOANN R KAUFFMANN-FIRKINS
2935 480TH ST SW
: IOWA CITY, IA
52740
EASTDALE PLAZA CONDOMINIUM
UNIT 6
1023103007
JOANN R KAUFFMANN-FIRKINS
2935 480TH ST SW
IOWA CRY, IA
52240
EASTDALE PLAZA CONDOMINIUM
UNIT Y
1023103008
JOANN R KAUFFMANN-FIRKINS
2935 480TH ST SIV
IOWA CITY, IA
52240
FASTDALE PLAZA CONDOMINIUM
UNIT B
ID23103009
SUSAN WOLF TANK
624 ST TH0MAS CT
IOWA CITY, LA '52245
EASTDALE PLAZA CONDOM IN I UM
UNIT
1023103010
SUSAN WOLF TANK
62457TH0MAS CT
IOWA CITY, TA :52245
EASTDALE PLAZA CONDOMINIUM
UNIT10
1023103011
SUSAN W0LF TANK
624 ST TH0MAS CT
IOWA CITY, IA
52245
EASTDALE PLAZA CONDOMINIUM
UNIT IIA
10231C3012
SUSAN WOLF TANK
624 ST THOMAS a
IOWA CITY, IA
52245
EASI DALE PLAZA CONDOMINIUM
UNIT 11B
1023103013
SUSAN WOLF TANK
:. 624 ST THOMAS CT
IOWA CITY, IA
52245
EA=ALE PLAZA CONDOMINIUM
UNITS 12 & 13
1023103014
UNITED ACTION FOR YOUTH
PO BOX 892
IOWA CRY, IA
52244-0897
EASTDALE PLAZA CONDOMINIUM
UNIT 14
1023103015
IOWA CITY COMMUNITY SCHOOL DIS
1725 N DODGE ST
IOWA CITY, IA
52245
EASTDALE PLAZA CONDOMINIUM
UNIT 15
IC23103016
IOWA CITY COMMUNITY SCHOOL DIS
1725 N DODGE ST
IOWA CITY, ]A
52245
FASTDALE PLAZA CONDOMINIUM
UNIT 16 & UNIT 15.1 AS DESC IN SK 1442 PG 5
1023103017
UNITED ACTION FOR YOUTH
PO BOX 892
IOWA CITY, IA
52244-0892
EASTDALE PLAZA CONDOMINIUM
UNIT 17
1023103018
RENNING PROPERTIES LLC
1425 PHOENIX DR
IOWA CITY, IA
52246
EASTDALE PLAZA CONDOMINIUM
UNIT 18
ID23103019
U OF i EMPLOYEES UNION
17001ST AVE STE 19
IOWA CITY, LA
52240
EASTDALE PLAZA CONDOMINIUM
UNIT 19
1023103020
JACK &SUSAN TANK
624 ST TH0MAS CT
IOWA CITY, IA
52245
EASTDALE PLAZA CONDOMINIUM
UNIT 20
/023103021
PHILIP K LEVERENTZ
11154 HIGHRIDGE DR
DUBUQUE, IA
52003
EASTDALE PLAZA CONDOMINIUM
UNIT 21
1023103022
RENNING PROPERTIES LLC
1425 PHOENIX DR
IOWA CITY, IS
52246
: EASTDALE PLAZA CONDOMINIUM
UNIT 22
1023103U23
PRESBYTERY OF EAST IOWA
17001ST AVE a23
IOWA CITY, IA
52240
EASTDALE PLAZA CONDOMINIUM
UNIT 23
1023103024
SUSAN WOLF TANK
624 ST THOMAS CT
IOWA CITY, IA
52245
EASTDALE PLAZA CONDOMINIUM
UNIF 24
1023103025
RENNING PROPERTIES LED
:. 1425 PHOENIX DR
IOWA CITY, IA
52246
EASTDALE PLAZA CONDOMINIUM
UNIT 25
1023ID3026
G3 I0WAN0 LLC
1700 5 FIRST AVE B26
IOWA CITY, IA
52240
EASTDALE PLAZA CONDOMINIUM
UNIT 26
1023103027
RENNING PROPERTIES LLC
1425 PHOENIX OR
IOWA CITY, IA :
52246
FASTDALE PLAZA CONDOMINIUM
UNII 27
1023103028
G31OWAN0 L1C
2677 HEATHER BEEN AVE
BETTENDORL LA
52722
EASTDALE PLAZA CONDOMINIUM
UNIT 2B
1023103029
DAVID D & MADONNA HENN
275 W MICKEY MANTLE PAT FI
HERiNANDO, H
34442
EASTDALE PLAZA CONDOMINIUM
UNIT 29
I014461001
CHARM HOMES LLC
409 KIRKWOOD AVE STE A
IOWA CITY, IA
52240
OH[S SUBDIVISION PART OF LOT
4 AS DESC IN BK 1194 PG 313 & 'NFL LOT 1 RI
1014486006
CAHILL ENTERPRISES L P
52 STURGIS CORNER OR
IOWA CITY, IA
52246 '..
ONE'S SUBDN, REPEAT OF PORTION
OF LOT 3 LOTS 3, 4 & SWLY 43' LOT 5 & INCL
1014480001
GEMP TO
62 WHITE OAK PL
IOWA CITY, IS
52245
OHCS SO, REPEAT OF LOT 31N A RESD OF P LOT C
1014489005
S & M EAST LC
1486 S 1ST AVE STE A
IOWA CITY, IA
5224D
EASTDALE MALL THAT PART OF EASTDALE MALL DESC AS AUDITORS PARCEL #20
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S"ARW DRIVE EASEMENT
cAKEu-Cahill Emrterprisea to Owry Ambrose
The nodheatat 17.00 feet In even WW of the Southeast 170.03 feet of the
southwesterly 43 feet of tot 5 In the nplat of a-port#on of Lot 3, Ohl's Subdivision to
Iowa City, Iowa, according to the plat thereof recorded In Plat Book 14, Page 46, Plat
Records of Johnson County, Iowa.
Gerry Ambrwe to caairi<Cahlll Emerprlaes
She southwest 5.00 feet in even width of Lot 5 (except the southwesterly 43 feet
thereof} In the reptat of a portion of Lot 3, Ohl's Subdivision to Iowa City, Iowa,
according to the plat thereof recorded in Plat Book 14, Page 46, Plat Records of
Johnson County. Iowa.
SANITARY SEWER EASEMENT
ceffn-,Cohul Enterprises to Gary An►broee
A 15.00 food wide strip of Land In the southwesterly 43 feet of Lot 5 in the'replat of a
portion of Lot 3, Ohrs Subdivision to Iowa City, Iowa, according to the plat thereof
recorded in Plat Book 14, Mtge 46, Plat Records of Johnson County, Iowa, described
as:
Beginning at a point on the southeast line of said southwesterly 43 feet of Lot 5
lying S 6r58V94 W - 49.77 feet from the Northeast comer thereof, thence
N 30053'3;.i'' E - 54.62 feet to a point on the northeast line of said southwesterly
43 feet of Lot 5 lying N 21001151 ` W - 36.99 feet from the northeast come -there
:; C-) E
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1!I
CITY OF IONA CITY
REVENUE DIVISION
410 E WASHINGTON ST
IOWA CITY, IA 52240
(319) 356-5066
010349-0093 Trina S. 09/06/2019 04:49PM
MISCELLANEOUS
Description: OTHER
(OTHER)
Reference 1: SPECIAL
Reference 2: EXCEPTION
OTHER (OTHER)
2020 Item: OTHER
1 N 460.00
OTHER (OTHER) 460.00
95900000-101100-
46O.00D
10610620-341100-
460.000
Payment Id: 360092
460.00
Subtotal
460.00
Total
460.04
CHECK
460.00
Check Number 5104
Change due
---------
0.00
Paid by: GERRY AMBROSE
THANK YOU FOR YOUR PAYMENT
CUSTOMER COPY
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CITY CLERK
10 V!f6,
Special Exception at 1681 South 1 st Avenue
for a Drive Through
Allowing the Special Exception for a drive -through utilizes existing infrastructure. Utilizing existing infrastructure
..encourages compact, efficient development that is contiguous and connected to existing neighborhoods to
reduce the cost of extending infrastructure and services and to preserve farmland and open space at the edge of
the city."
The property is not near any existing residential neighborhoods and is located within the center of a commercial
zone (CC-2) and is on an arterial street with sidewalks on both sides.
Traffic is only one-way between the proposed drive -through and the adjacent property to the West, 1 705 South 1 st
Avenue. A shared driveway easement exists within the separation of the buildings on the properties. Both
properties have rear parking and the combined width of the one-way allows two lanes of traffic from the rear
parking areas.
Pedestrian traffic is directed away from the proposed drive -through and pedestrian access is available from the
front of the building to the public right-of-way. Although the proposed drive -through will not have the typical
traffic volume like other fast-food restaurants, six stacking car positions at the proposed drive -through is illustrated.
Six stacked vehicles still allow other exiting traffic from rear parking areas to use alternate routes.
Visibility of the proposed drive -through is partially screened by existing landscaped islands positioned between
the right-of-way along South 1 st Avenue and between the off-street parking to the north. The existing screening
softens the impact of paved area at the proposed drive -through and yet provides some visibility as required by
Screening Standards 14-5F-6. Although screening is required between the adjacent property and the proposed
drive -through, the intent of the requirement for screening was to protect pedestrian circulation from being unduly
interrupted and preserve the existing commercial character in the area. We feel the context in this situation
satisfies the conditions for leniency in screening requirements to the adjacent property. The existing adjacent
building's elevation facing the proposed drive -through is a masonry block wall without windows and pedestrian
traffic is not accommodated near the proposed drive -through, rather it is directed towards the east and around to
the front of the building. The visual appearance is mitigated due to vision angles taken from the right-of-way are
mostly blocked by the close proximity of the buildings and only offer a brief view of the proposed drive -through
when passing by.
We would like to request the Board of Adjustment to consider approving the Special Exception without the
screening requirement to the west since there is an existing shared driveway easement, pedestrian traffic is
diverted away and the context of the existing commercial character.
The business for the proposed drive -through is a Donut Shop. The business is independently owned and operated
locally. The drive -through is essential for the Donut Shop to exist. Allowing the drive -through at 1681 South 1 st
Avenue improves "the environmental and economic health of the community through efficient use of resources" z
by encouraging "new business development in existing core or neighborhood commercial areas." z The Donut
Shop has been recently displaced from another location in Iowa City by a large corporate business and now hopes
to begin again at 1681 South 1 st Avenue.
1 Comprehensive Plan of Iowa City, Section 3, page 23.
2 Comprehensive Plan of Iowa City, Section 5, page 30.
Daylight Donuts
1. What are the expected traffic volumes and between what times?
• Typical day may see 125 customers.
• Busiest time is typically 7:30am - 9:30am.
• Expect most of that business will be carry out dozens.
2. What are the expected hours of operation?
• 6:30 am - 6 pm. May adjust seasonally and what fits the business. Would not
expect to remain open later since we will not have customer seating.
3. How long will it take to fulfill each order?
• 2 minutes
4. About how many vehicles are expected to be in line at one time?
• 2 vehicles
5. Will there be any walk-in service or is it all expected to be from the drive-thru? If so,
what percentage will be drive-thru vs. walk-in?
• We'll also have walk in service.
• 80% walk in vs 20% drive through.
� IOWA CITY COMMJNITY SCHOOL DISTRICT
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GLCEE ARBORVITEA
MINUTES
BOARD OF ADJUSTMENT
JULY 10, 2019 — 5:15 PM
PRELIMINARY
EMMA J. HARVAT HAZELL, CITY HAZELL
MEMBERS PRESENT:
MEMBERS ABSENT
STAFF PRESENT:
OTHERS PRESENT
CALL TO ORDER:
Connie Goeb, Zephan Hazell, Amy Pretorius
Ernie Cox, Ryan Hall
Susan Dulek, Jessica Lile
Chris Pose, Marty Dostalik, Bill Horner, Laureen Ipsen, Barnard
Dutchik, Joe Meyers
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Goeb outlining the role and purpose of the Board and
the procedures that would be followed the meeting.
CONSIDER THE MAY 8. 2019 MINUTES:
Pretorius moved to approve the minutes of May 8, 2019. Hazell seconded the motion.
A vote was taken and the motion carried 3-0.
SPECIAL EXCEPTION ITEM EXC19-05:
An application submitted by MidAmerican Energy for a special exception to allow for a basic
utility in a Commercial Office (CO-1) zone to build an electric substation located at the
southwest corner of the Prairie du Chien overpass of Interstate 80.
Lile began the staff report with an aerial view of the subject area. She also showed a zoning
map of the area noting the proposed substation area is zone CO-1 (Commercial Office) and the
surrounding area is zoned residential. Lile stated some basic utilities are allowed in Commercial
Office zones through the special exception process and must meet capability and screening
requirements. The purpose of this electric substation is to provide a more reliable base of
electric power to the surrounding area. There are currently seven other substations in Iowa City,
and substations must be located near the area where they are supplying power so they can tie
into existing transmission lines. MidAmerican held a Good Neighbor Meeting on Wednesday,
June 26 where ten people attended. Noise and making sure the neighboring property owners at
1823 Prairie du Chien Rd were compensated adequately were the biggest concerns brought up.
There were no issues with the proposed screening or landscaping plan proposed by
MidAmerican.
Board of Adjustment
July 10, 2019
Page 2 of 12
Lile stated the role of the Board of Adjustment is to approve, approve with conditions, or deny
the application based on the facts presented. In order to approve the special exception the
Board must find it meets all applicable approval criteria. In this case it is specific criteria for
utilities not enclosed within a building and all the general standards.
With regards to Basic Utilities Not Enclosed Within a Building, in all commercial zones the RDP
and ORP zones, and the ID-C and ID -RP zones, basic utilities not enclosed within a building are
permitted only by special exception. Proposed uses must be screened from public view and
from view of any adjacent residential zones to at least the S3 screening standard. In addition,
the applicant must provide evidence that the proposed use will be compatible with surrounding
structures and uses with regard to safety, size, height, scale, location, and design, particularly
for facilities that will be located close to or within view of a residential zone. For uses located in
highly visible areas, the board may consider additional design elements such as masonry or
brick facades, and walls or fencing to improve public safety and to soften the visual impact of
the proposed use. Lile noted the applicant has submitted a landscaping plan that shows
screening above the required S3 standard. Staff recommends a condition that the proposed
substation must adhere to the landscaping plan submitted, dated June 20, 2019. Lile also
stated the proposed site is surrounded by mainly vacant land at the moment with one house
currently occupied at 1823 Prairie du Chien Road. There are also other planned and ongoing
residential projects going on in the area. Lile showed an image of the landscaping plan
submitted on June 20, 2019, at the time of the planning 31 trees will be 6 feet tall with additional
shorter plantings. At the time of maturity all plantings will be 8 feet tall or taller with 23 of the
trees being over 20 feet tall. The proposed substation would have a 158 x 210 foot footprint,
there would be two 50 foot high dead-end structures that would receive transmission lines and
50 foot high shield masts. MidAmerican proposes to surround the substation with seven foot
high chain -link fence with three strands of barbed wire which makes the fence eight feet tall in
total. The proposed substation fence will be approximately 32 feet from the south property line
and approximately 55 feet from the east property line. Lile showed a map of the area around
the proposed substation, there is potential development of townhomes to the southwest of the
proposed substation and there is a senior living center that is currently being constructed along
the Foster Road extension.
With regard to the general standards:
The specific proposed exception will not be detrimental to or endanger the public health, safety,
comfort or general welfare. Lile stated the proposed substation will provide a reliable base of
power to the surrounding area. There are other substations in Iowa City near residential areas
that have operated without reported health and safety issues.
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. The applicant provided sound estimates at distances from the transformer to the
property line, each distance is from 30 to 90 meters with sound levels ranging from 34 decibels
to 43 decibels. For comparison, 40 decibels is approximately the level of noise of a library, bird
calls, and ambient urban noise. Staff measured noise levels at 1:45 pm on a weekday and
sound coming from the interstate from the west side sidewalk along Prairie du Chien nearest the
proposed substation location was approximately 65 decibels. While sound in cumulative, the
addition of anything that has a difference of more than 10 decibels results in the higher noise
level being the total noise level. So one would not be able to hear the transformer over the
Board of Adjustment
July 10, 2019
Page 3 of 12
sound of the interstate. Additionally there are other current development projects in the area
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. Past substation projects have shown that residential and other
development continues in the area. The substation at 1630 Lower Muscatine Rd was built in
1962, and residences directly next to the substation were built in 1962, 1963, 1964, & 1965. The
closest residence is approximately 60 feet from the substation fence. Another example is the
substation at 1120 Mormon Trek Blvd built in 1980, and residences directly next to the
substation were built in 1987. 1988, 1990, and 1996. The closest residence is just over 20 feet
away from the substation fence. In the case considered today, the closest residence to the
proposed substation is approximately 100 feet from the substation fence and over 120 feet from
the proposed transformer.
Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided. The proposed site would be accessed off of the Foster Rd extension. The proposed
substation would be installing electricity to serve the area and improving the utilities.
Adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets. The future intersection of Foster Rd and Prairie du
Chien Rd will be controlled by a stop sign on Foster Rd. Post -construction the proposed
substation will produce minimal traffic — typically one truck a month and more if there are issues
with the substation. What traffic it does produce would be routine maintenance and inspections
on site, not a permanent employee presence.
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 Commercial Office (CO-1) zone is
intended for offices, businesses, apartments, and certain public & semipublic uses. The
proposed substation exceeds the minimum setback requirements for the zone and aside from
the special exception required for a basic utility, the lot meets all other requirements.
The proposed exception will be consistent with the Comprehensive Plan of the City, as
amended. The Comprehensive Plan supports Iowa City coordinating with private utilities in
order to serve areas under development.
Lile noted today she did receive late public comment from the neighbor at 1920 Prairie du Chien
Road and passed that onto the Board members. This residence is located across the street
from the proposed substation and his concerns were health concerns of putting a power
substation close to residences that construction of a power substation would be detrimental to
the enjoyment of his property and the addition of a power substation would lower the resale
value of his home. The resident also does not believe the construction of a power substation is
consistent with the Comprehensive Plan and does not wish the substation be granted. The
resident stated if the exception must be granted then he requests sufficient screening which
MidAmerican has agreed to already, additionally access to the substation be off Foster Road,
which is also the plan.
Staff recommends approval of EXC19-05, a special exception to allow a basic utility in a
Commercial Office (CO-1) zone to build an electric substation with the following condition:
Board of Adjustment
July 10, 2019
Page 4 of 12
1. The landscaping and screening around the substation must adhere to the landscaping plan
submitted, dated June 20, 2019 prior to the issuance of a Certificate of Occupancy.
Goeb opened the public hearing.
Chris Pose (Attorney representing MidAmerican Energy) stated they are in full agreement with
the staff report, and wanted to take some time to add to the presentation and explain what a
substation does. A substation transforms power from the transmission line level, in this case
161 volt transmission lines that have been in the area since 1967, down to a level that is 13,500
volts which can be used as distribution power to run down the city streets and power into
businesses and so forth. So substations down -step the power from the high voltage
transmission lines to a usable level, which is what the equipment is designed to do. The
transmission line is what makes this site unique and site possible for this development. There is
a line through the trees parallel with the interstate just south of the substation site, which is
where the existing transmission line is and what they are trying to tap into. On the plan
submitted shows the transmission lines coming in so the distribution lines can come out of the
substation underground. Everything coming out of the substation will be underground and this
is why it is a unique location. Pose also stated they had approached the City with this idea of
putting in a substation in this corridor because MidAmerican already owns a piece of land that is
on the east side of Prairie du Chien, just to the southeast of the present site. City staff had
suggested that parcel would not be an appropriate site even though that is a piece of land
MidAmerican had owned for a number of years, it is well situated because it is right under the
transmission line that runs through on the south part of that location. However City staff felt the
zoning aspects of that parcel didn't lend itself to the idea of rezoning to commercial and instead
suggested since Foster Road Developers just had a plat approved with rezoning complete for
the land across the street and that led MidAmerican to the subject site. MidAmerican has now
entered into a purchase agreement with the owners of Foster Road Development to buy a piece
of land zoned CO-1 and have this substation put up against the interstate. Therefore
MidAmerican followed staff's recommendation to put the substation in this particular location.
Pose next addressed the residence at 1823 Prairie du Chien which is zoned as RS-12. The
owners of that property are here this evening, MidAmerican Energy is in process of working
through good faith negotiations to acquire that particular piece of property, they are keeping
those discussion between themselves and the property owners at this time, but have full
communication with them concerning this possibility and will continue those discussions even if
this exception is approved this evening. MidAmerican has a desire to acquire that property. As
for the concerns of the owner of the property at 1920 Prairie du Chien, whose concerns were
raised today in a letter, the staff report adequately addressed the concerns. With other
substations throughout the City it has shown substations does not impede development of land,
people will built around substations. Substations are important, they need to go someplace and
they provide a source of power. Staff had asked MidAmerican to provide justification as to why
they chose this particular site, there are seven substations in Iowa City and they all rely on each
other as part of the grid, the idea being if something happens to one substation another one can
pick up the slack and what MidAmerican has identified in this corridor it would be good to have
another substation to help with the potential growth that is going to happen in the northern
corridor of the city, and in addition will provide stability to the existing systems such as if one
substation were to go out for a reason such as storm this substation would be able to pick up
the power load. Lastly Pose showed a color version of the landscape plan. He reiterated they
are in agreement with the staff report, they believe MidAmerican has met all the conditions, they
made whatever changes staff had requested of them, they intend to keep working with the
Board of Adjustment
July 10, 2019
Page 5 of 12
property owner at 1823 Prairie du Chien if this is approved, and they believe any concerns
raised by the property owner at 1920 Prairie du Chien were addressed by the staff report.
Hazell asked if the darker green on the landscaping plan were evergreen trees.
Marty Dostalik (Civil Engineering Consultants) noted the evergreen trees on the plan are
denoted with a star shape symbol on the inside, there is a series of eight of them along the west
side, the pink trees are crab apples, underneath were the transmission lines come in and out
there are two staggered rows of dwarf evergreens (Dwarf Colorado Spruce) which will get
around 20 to 25 feet tall, they are slow growing and need to stay low so they don't get up into
the transmission lines. On the east side there are nine evergreens, there are also some
overstory trees, a few Swamp White Oak and some hackberry's in addition to all the existing
trees on the site, to the west there is brush, shrubs and undergrowth trees.
Hazell noted the plan looks good however if they are not using evergreen trees then they are
not providing screening year round, but it appears this is comprehensive.
Goeb asked how bit the entire property is. Dostalik said it is 3.1 acres. Goeb asked if all the
substations have fences with the barbed wire and Dostalik stated that is required by the
National Electric Safety Code.
Bill Horner (718 Perry Court) has been a resident of Iowa City since 1965 but is moving to 750
East Foster Road, Unit 113 which is in Lot 3 of new Vintage Cooperative. As the Cooperative it
has been a three year process of getting the land owners and developers together to create a
developers agreement that was approved by the consul on July 17, 2018. It consisted of Foster
Road Developers, Vintage Cooperative of Iowa City, and Ewing Development Services of Pella,
Iowa to construct this building. The good neighbor meeting records show notice was sent to
Foster Road Developers and with the development agreement with Vintage Cooperative and
the land owners Horner spoke late this afternoon, after calling the City, and found out this
meeting was tonight. Horner called Ray Bisby, the president and CEO of Vintage Cooperative,
who also stated he knew nothing of this substation proposal. Horner realized the members of
the cooperative are not land owners, and it is listed at the Assessor's Office as Foster Road
Developers, but as of Monday this week the last unit has been sold, all 53 have been committec
and each owner has approximately $175,000 invested in this property for a total of over $7
million. Horner understands how the good neighbor policy works, notice is sent out to the
surrounding land owners but technically the owners in the cooperative are land owners as well
and knew nothing about this until they saw the special exception sign on Foster Road. Many of
the members he has talked to are not in favor of the location of substation and feel it could have
been built on the east side of Foster Road since MidAmerican has owned land over there for
years. Horner acknowledged it has been explained tonight the City did not recommend that
area. He suggests this approval be pushed back one month so they can have better input. The
east/west transmission lines should be put underground rather than have the six high voltage
lines over Foster Road and would also recommend at least the west and south chain link fence
be a stone or brick wall because there will be several members units in the cooperative that will
face that fence. A seven foot chain link fence with barbed wire on top is not attractive.
Pretorius asked where the Cooperative will be with respect to the substation. Lile showed a
map of the area and pointed out the senior living area, which is the cooperative. Pretorius
asked when the rezoning was done from the RS-12 to the current CO-1 for the proposed site.
Board of Adjustment
July 10, 2019
Page 6 of 12
Lile was unsure, but it was quite a while ago as it has already been through the subdivision
phase as well.
Pretorius asked when the building was slated to be done with construction. Horner said it will
be complete late this year. Third floor is to the point of installing kitchen cabinetry, second floor
is being dry -walled and first floor has all the mechanical systems in. Horner added their power
is coming from a pole that was set a few months ago on the east side of Prairie du Chien and
the MidAmerican subcontractor has buried a six inch diameter tube from that east side all along
the road to a transformer pad located to the southwest corner of the building. Their building is
not dependent on the substation. He does acknowledge a substation is probably needed in the
area with future development. Horner reiterated they are owners since they have paid into the
cooperative even though they are not property owners listed on the Assessor's site.
Goeb asked for clarification of notifying people in the area. Lile said the good neighbor policy is
optional and notification goes to property owners in a 300 foot range, the City posts a sign with
information on how to contact a representative as well as a notice posted in the paper about the
meeting and items being discussed. In this case the property owner was Foster Road
Developers.
Laureen Ipsen (1710 Prairie du Chien Road) lives on the east side of Prairie du Chien right next
to the property MidAmerican does own. Her major concern is for MidAmerican to come to a
good outcome with the people they are negotiating with and if they can't then she is not for this
development. If the property next to hers had been suitable she would have been in
negotiations and she understands the east side versus the west side but she stresses
MidAmerican needs to take care of the property owners at 1823 Prairie du Chien. She also has
a cousin moving into the senior living development and alerted her of this item as she knew they
would not be notified as property owners.
Pose responded to a couple public comments, he apologized for the good neighbor
notifications, they followed the City policy and notified only record property owners, they did not
intend to exclude anyone. When they met with the residents of 1823 Prairie du Chien he could
see out their back window Foster Road goes downhill pretty fast once you make that bend.
Therefore the senior living facility will sit much lower than the property at 1823 Prairie du Chien
and as a result and what they will be doing is looking up hill at this area and with the tree cover
that is there you can see the building proposed on Lot 2 will have the transmission lines cross
only a small portion of the eastern edge of their property. The senior living facility is down on
Lot 3 quite a ways from this site, the transmission line taps will only encumber the east side so
the remaining part of Lot 2 is still available for the use of potential development. It also impacts
why the substation is pushed to the east side of the lot and not to the west, if it goes to the west
the transmission lines would have to go right through the major portion of Lot 2, which is in
conflict of what the City's policy of don't impede the orderly development of property. With
regard to the senior living facility, they have to look up hill, they are probably going to be looking
at another building that will be built on Lot 2, and they will be looking at the landscaping from
down below before they will even see the substation site. Pose added the landscaping that is
appropriate for this location is quite simple, landscaping grows, any kind of wall built doesn't,
therefore over time landscaping will be a better screen. Pose showed photos of other
substations and screenings they had used on properties in Des Moines. Pose noted that
deferring for a month is not going to change the plan or how the property sits.
Board of Adjustment
July 10, 2019
Page 7 of 12
Hazell asked if there were any poles connecting other than those inside the substation on the
transmission line. Pose said there will be two poles installed on the transmission line corridor to
get the tap wires into the substation, but are in the already existing transmission area. The land
which those poles are located is owned by the City. They have been sensitive to all areas
around this development, they have worked with the City on solutions in this area, and in
discussions with the property at 1823 Prairie du Chien to resolve their issues.
Pretorius acknowledged substations are very expensive and are by necessity, not just
something MidAmerican wants to do. Pose confirmed they would not make this type of
investment if it was not a necessity, MidAmerican's idea is to protect the entire grid and provide
power for the areas surrounding it. They do not just take one's land, they must be given the
land voluntarily, they try to use areas that minimize impact to existing residents, and also don't
impede any future growth and they feel confident they have done that with this particular plan.
Staff has help MidAmerican with this by suggesting modifications which they have followed.
Ipsen said people have been asking about the health issues and asked if there have been
studies to know whether these power lines cause problems for people that are living near them.
She will see them from her property, more so than the new development.
Pose said the substations they have existing in Iowa City are the best indicators of what types of
issues the substations may cause in terms of health. As the staff report indicated, the
substation on Mormon Trek Road was built first and houses built around it after, there has never
been a reported complaint of a health issues related to those power lines or substation itself.
There are sometimes discussions of electromagnetic fields, or EMFs, relating to power lines and
power equipment. What EMFs are energy waves or anything that can beam off anything
electrical and transmission lines themselves generate more of the EMF discussions as
transmission lines are high power and move through the eye of the utilities board to be
approved. However there have been no reported incidents of substations in Iowa City, or
anywhere else. Pose noted the most operative piece of equipment within the substation is the
transformer and that is the thing that does most of the work, that is located as far north towards
the interstate as possible and as far away from any further future development in the area.
There are no reported problems or issues with substations causing any difficulty to health.
Horner would like to remind the Board the rectangle in the upper right hand corner is a building
that is 24 foot tall and a lot of the other equipment is in the 20 foot tall range and the substation
elevation is higher than the co-op building but the co-op building is all 9 foot ceilings with floor
joists that are 2 foot so a 36 foot tall building and questions if the two poles that would have to
be located on the south side of Foster Road to feed the transmission lines up north would be
wooden or steel poles, wooden ones would require guide wires and steel poles would be self -
standing and more appealing.
Dostalik said the building in the upper right corner is the power distribution center control
building will only be 12 feet high. Most of the equipment is 16 to 24 feet high on average, the
highest things will be the two dead-end structures and the two wire poles on the northeast
corner. All four of those structures are about 50 feet high and are that high to catch lightening
versus hitting the equipment.
Pose wanted to reiterate there is a big elevation change from where the substation will be and
the senior residence building and over time development will happen and they won't even know
Board of Adjustment
July 10, 2019
Page 8 of 12
the substation is present.
Goeb closed the public hearing
Pretorius asked if the owners of 1823 Prairie du Chien were present then lack of comment from
them assumes positive communications with MidAmerican. The Board did receive comment
from the property across the street (1920 Prairie du Chien) but knowing the actual property
MidAmerican currently owns would place the substation in that individuals back yard and
therefore the placement on the east side would be more intrusive. The current proposed
location does seem like the best location of all the options. She did add shame on the
developers and landowners for not sharing the information about the good neighbor meeting or
the exception item with the co-op owners, transparency is always the best policy.
Hazell feels the landscaping will be comprehensive and a solid covering of evergreen trees.
Goeb also thinks the City and MidAmerican has worked together well on coming to a solution
and the notifications did follow policy but is sympathetic to the future co-op residents to not be
looped in. Her question would be if it was a reasonable condition to ask for another good
neighbor meeting. Dulek said it could be added if it can tie to any of the standards. Goeb noted
she feels all the standards have been met.
Pretorius moves to approve EXC19-05, a special exception to allow for a basic utility in a
Commercial Office (CO-1) zone to build an electric substation with the following
condition:
1. The landscaping and screening around the substation must adhere to the
landscaping plan submitted, dated June 20, 2019 prior to the issuance of a Certificate of
Occupancy.
Hazell seconded the motion.
Pretorius stated that regarding agenda item EXC19-05 she concurs with the findings set forth in
the staff report of July 10, 2019, and conclude the general and specific criteria are satisfied. So
unless amended or opposed by another Board member she recommends that the Board adopt
the findings in the staff report as our findings with acceptance of this proposal.
Hazell seconded the findings of fact.
A vote was taken and the motion carried 3-0.
Goeb stated the motion declared approved, any person who wishes to appeal this decision to a
court of record may do so within 30 days after this decision is filed with the City Clerk's Office.
SPECIAL EXCEPTION ITEM EXC19-06:
An application submitted by ImOn Communications Company for a special exception to allow
for a basic utility in a Community Commercial (CC-2) zone to build a telecommunication hub
located at 2211 F St.
Board of Adjustment
July 10, 2019
Page 9 of 12
Lile began the staff report with a location map of the area as well as a zoning map. The
proposed property is in a commercial zone and the surrounding area is mostly commercial with
some single family residential across the street. Basic utilities are allowed in a community
commercial zone through a special exception process and must meet capability and screening
requirements. The proposed telecommunications hub would be located in a 12 foot by 6 foot
shelter at the southwest corner of the property. The site is currently nonconforming with regard
to screening requirements. The zones require S2 screening between surface parking areas and
both the public right-of-way and abutting properties. For the special exception to be approved
ImOn would have to bring the site into compliance. All basic utilities are required to conform to
S3 screening requirements by themselves and since this is located in the Towncrest Overlay
District the hub would have to go through a staff design review process
With regards to the specific standards:
In all commercial zones, the RDP and ORP zones, and the ID-C and ID -RP zones, basic utilities
not enclosed within a building are permitted only by special exception. Proposed uses must be
screened from public view and from view of any adjacent residential zones to at least the S3
standard. In addition, the applicant must provide evidence that the proposed use will be
compatible with surrounding structures and uses with regard to safety, size, height, scale,
location, and design, particularly for facilities that will be located close to or within view of a
residential zone. For uses located in highly visible areas, the Board may consider additional
design elements such as masonry or brick facades, and walls or fencing to improve public
safety and to soften the visual impact of the proposed use. Findings are the proposed project is
located in the Towncrest Overlay District and must go through the staff design review process
that evaluates material quality, screening, and neighborhood compatibility. The applicant has
shown S3 screening and plans to surround the building with a six-foot opaque fence. The
proposed structure is not adjacent to any residential zone although the lot is across the street
from a residential zone.
Lile showed a rendering of the proposed structure, it will have a brick fagade, it will be 10 feet
tall and have a smaller footprint then the surrounding structures at 12x16. The proposed
structure will be located at the rear of the lot and not highly visible and screened by the abutting
20 foot retaining wall in addition to the other screening required.
With regards to the general standards:
The specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare. The proposed communication system is a low voltage (48
volt) system. The system will be enclosed in a structure with a locked door, preventing
access to those not authorized and eliminating public health and safety issues.
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. The proposed hub will allow for another internet service provider in
Iowa City and increase bandwidth capabilities. The proposed hub would require a small
generator to power it. Any noise it gives off would be mitigated by the proposed fence and
existing retaining wall. Additionally, this site does not abut residential properties although the
lot is across the street from a residential property.
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
Board of Adjustment
July 10, 2019
Page 10 of 12
in which such property is located. The lot at 2211 F Street is fully developed, as are the
surrounding lots. The structure will follow all setbacks and is proposing landscaping
improvements to the site. Lile showed a rendering of the proposed building and
landscaping, it is at least three feet off the property line and landscaping and screening
proposed surround the parking and the hub itself.
Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided. The area is fully developed with access to utilities and other necessary facilities
Adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets. The proposed structure is located on a lot that
has adequate circulation and parking. This use would not increase traffic in the area
substantially as it would only need occasional maintenance after construction.
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. This property is in
compliance with the zoning code in all aspects aside from the parking lot landscaping, which
the applicant has addressed. This project complies with the Community Commercial (CC-2)
standards in all other aspects.
7. The proposed exception will be consistent with the Comprehensive Plan of the City, as
amended. The Central District Plan encourages the development of businesses that provide
goods, services and amenities to the neighborhood such as internet service.
Staff recommends approval of EXC19-06, a special exception to allow a basic utility in a
Community Commercial (CC-2) zone in order to build a telecommunication hub located at 2211
F Street.
Hazell noted the landscaping plan is ambiguous and will be decided in the future and wondered
if it was because the Towncrest Overlay. Lile confirmed it will need to go through a design
review and also the S2 standards require certain heights and species.
Hazell asked if they needed to follow S2 or S3 for this exception. Lile stated they must follow
both, the site needs to be screened S2 and the parking lot for the site is currently not screened,
which is why the site is currently non -compliant. The hub will need to screened S3 standards, it
would have the S2 screening in front of it and S3 screening would be the fence in front of the
hub itself.
Hazell asked what the purpose of the generator versus them just using power. Lile believes so
it won't go off-line.
Goeb opened the public hearing.
Barnard Dutchik (ImOn Communications) has been in Iowa City for about two years serving
businesses and have now begun serving residential areas using existing hubs. This new hub
would be used for continued expansion, roughly a hub can serve 400 homes or addresses.
These are self-contained units, all the equipment is inside, the generator is only used when the
Board of Adjustment
July 10, 2019
Page 11 of 12
power is out for a certain period of time, and they also use battery backups. The goal is to keep
internet service on as long as they can if there is a power outage. The hub will contain fiber
optic equipment, they would be the first fiber optic internet provider in Iowa City to homes.
Goeb asked if hubs were geographically located. Docheck said generally they try to locate a
hub centrally to a service area. He corrected that each cabinet serves 400 homes and each
hub contains multiple cabinets. So this hub can serve 2000 to 3000 homes, they try to
centralize the hubs to not have to run fiber lines to far. They try to balance it by looking for
commercial areas to build the hubs and this one made sense as it will abut the /Walgreens
property. They will lease the property they build this hub on.
Joe Meyers spoke with Thomas Rogers, who is the land owner and had no problem with
constructing this hub, there are some benefits to him such as ImOn will take care of lawn care
and property upkeep. He added the generator is necessary as there will be active equipment in
the structure and a natural gas line will be ran into the structure as well because that is what the
generator will run from. Meyers is working with a landscaper and he recommended an Emerald
Arborvitae for the space between the two parking lots which will be about 6 feet high. The
neighbor did say they push snow into that area so that may be a hindrance to have trees but the
neighbor seemed okay.
Goeb asked what is on the west side of the property. Meyers said there was a dry cleaning
business to the east as well as a small apartment complex or business.
Goeb closed the public hearing.
Hazell said it appears the applicant meets the requirements and also he is in favor of providing
more competition in the internet business as a positive to all residents of Iowa City.
Pretorius concurs.
Goeb agrees and drove by the site and it looks like a good spot.
Hazell moves to approve EXC19-06, a special
Community Commercial (CC-2) zone in order
2211 F Street.
Pretorius seconded the motion.
exception to allow a basic utility in a
to build a telecommunication hub located at
Pretorius stated that regarding agenda item EXC19-06 she concurs with the findings set forth in
the staff report of July 10, 2019, and conclude the general and specific criteria are satisfied. So
unless amended or opposed by another Board member she recommends that the Board adopt
the findings in the staff report as our findings with acceptance of this proposal.
Hazell seconded the findings of fact.
A vote was taken and the motion carried 3-0.
Goeb 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 of Adjustment
July 10, 2019
Page 12 of 12
ADJOURNMENT:
Pretorius moved to adjourn this meeting.
Hazell seconded.
A vote was taken and the motion passed 3-0