HomeMy WebLinkAbout01-08-2020 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, January 8, 2020 — 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
AGENDA
A. Call to Order
B. Roll Call
C. Nomination and selection of Board Chair and Vice Chair
D. Consider the November 13, 2019 minutes
E. Special Exception Item
1. EXC19-12: An application submitted by Kum & Go, LLC for a special exception to allow
for a quick vehicle servicing station in the Riverfront Crossings District in the Riverfront
Crossings — South Gilbert (RFC -SG) zone located at the northeast corner of S. Gilbert
Street and Highland Avenue
F. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING:
Wednesday, February 12, 2020
If you will need disability -related accommodations in order to participate in this meeting, please
contact Anne Russett, Urban Planning at 319-356-5251 or at anne-russett@iowa-city.org. Early
requests are strongly encouraged to allow sufficient time to meet your access needs.
MINUTES
BOARD OF ADJUSTMENT
NOVEMBER 13, 2019 — 5:15 PM
EMMA J. HARVAT HAZELL, CITY HALL
PRELIMINARY
MEMBERS PRESENT: Gene Chrischilles, Ernie Cox, Zephan Hazell, Amy Pretorius
MEMBERS ABSENT: Connie Goeb
STAFF PRESENT: Susan Dulek, Jessica Lile
OTHERS PRESENT: Jesus Loria, Ken Valley
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Pretorius outlining the role and purpose of the Board and
the procedures that would be followed the meeting.
CONSIDER THE OCTOBER 9, 2019 MINUTES:
Chrischilles moved to approve the minutes of October 9, 2019. Cox seconded the motion.
A vote was taken and the motion carried 4-0.
Pretorius noted there is a request to amend the agenda to hear the second item first because
there is a Board member that needs to recuse himself from that item.
Hazell moved to address EXC19-11 before EXC19-10, Cox seconded the motion. A vote was
taken and the motion carried 4-0.
SPECIAL EXCEPTION ITEM EXC19-11:
An application submitted by Arts Iowa City for a special exception to allow for a specialized
education center for classroom/workshop space for a community arts center in an Intensive
Commercial (CI-1) zone located at 1423 Waterfront Dr.
Lile began the staff report an aerial view of the area, it is located south of Highway 6. The
subject property is mostly surrounded by Community Commercial zoning. For some background
Arts Iowa City is a nonprofit organization that's been operating since 1975. They promote and
teach visual arts and craftsmanship around Iowa City. The subject property was built in 1996 as
a warehouse, and it's about approximately 43,000 square feet. It was remodeled in the early
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November 13, 2019
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2000s to be a chocolate factory, which was bought out in 2012 and has been vacant since the
factory moved. The applicant is proposing to remodel the property and make it into a community
art center, which has a gallery, performance and studio space and classrooms and workshop
space. All of those uses are allowed except for the specialized education in the intensive
commercial zone which is the classroom space. 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 that it meets all the approval criteria.
Lile noted for the specific standards: that the use will be functionally compatible with
surrounding uses such that the health and safety of clients and students are not compromised,
the Board will consider factors such as the type of businesses that predominate in the
immediate vicinity, whether there are any significant negative externalities created by these
usage such as excessive noise, dust or vibrations from outdoor work areas that may pose a
health or safety risk for clients and students of the proposed use, and where such negative
externalities exist whether the building and site can be designed to mitigate these harmful
effects. Lile stated the proposed classroom space will be located indoors and not impacted by
other businesses in the area, which include grocery stores, a gas station, and retail and
restaurant uses. The area businesses do not produce significant externalities such as excessive
noise, dust or outdoor work.
Next the general standards: that these specific proposed exception will not be detrimental to or
endanger the public health, safety, comfort or general welfare. The proposed disciplines to be
taught are jewelry making, woodworking, ceramics and sculpture and the instructor teaching
these would be determining the age restrictions for these classes based on age, experience and
performance of the student. Students would be taught safety procedures and tested before
being allowed to access the shops or equipment. One of the things that they would be taught
was the tool safety checkout certification and the usage class. The applicant would add
additional ventilation systems such as hood extractors, dust collectors and etc. based on the
specific requirements for each discipline, and the applicant has been in contact with building
inspection services to inquire about additional requirements. There would be specific youth and
children classes based on age, ability and level with appropriate materials and tool training. The
applicant proposes to use eco-friendly materials and procedures in order to lessen the
environmental and personal health impacts.
Second, that the specific proposed exception will not be injurious to the use and enjoyment of
other properties in the immediate vicinity and will not substantially diminish or impair property
values in the neighborhood. Again, all activities would it take place inside the building and on
the property. The subject property is currently vacant so the applicant proposes building
improvements, and filled storefronts typically increase property values in a neighborhood.
That the establishment of the specific proposed exception will not impede the normal and
orderly development and improve of the surrounding property for uses permitted in the district in
which the property is located. Again, the applicant is proposing to reuse and redevelop an
existing building and the classroom space inside would not impede the surrounding
development or improvement of properties.
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November 13, 2019
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That adequate utilities access roads, drainage and unnecessary facilities have been or are
being provided. The area is fully developed with access to all utilities and facilities
That adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets. Lile showed a photo noting the existing parking lot
has two access points on the Waterfront Drive, one north of the building and one south.
Additionally this area of Waterfront Drive is not heavily trafficked, therefore there is not a lot of
traffic concerns in this area.
That except for the specific regulations and standards applicable to the exception being
considered the specific proposed exception and all other respects conforms to the applicable
regulations or standards in the zone of which it is located. Lile stated the subject property
conforms to all other standards and regulations for the CI-1 zone.
That the proposed exception will be consistent with the Comprehensive Plan of the City. The
City's Comprehensive Plan contains many goals that support arts and culture development
including recognizing the economic development potential of arts and culture programming,
seeking the participation of diverse populations when developing cultural programs and
providing opportunities for arts and all neighborhoods and exploring the creation of a community
arts center and supporting nonprofits that are involved in arts programming.
Staff recommends the approval of EXC19-11, an application submitted by Arts Iowa City for a
special exception to allow for a specialized education center for classroom/workshop space for
a community arts center in an Intensive Commercial (CI-1) zone located at 1423 Waterfront Dr.
Pretorius opened the public hearing.
Jesus Loria (Neumann Monson) stated they are trying to raise awareness of this project and it
here tonight to answer any questions the Board may have about the project. He also wanted to
do a quick presentation. Loria stated everyone knows Iowa City has like a diverse group of
artists. Organizations in the City are trying to find spaces to have a center in the community.
Neumann Monson is helping Arts Iowa City with this project. They are holding events and trying
to promote this project in the community. They have been talking with the City, they have been
trying to bring people from different sectors. They are trying to take advantage in this place, the
zone where is because with all the development that is happening in this area it is a great
opportunity for Iowa City to have a better connection in the south side to the rest of the City.
Taking advantage of the transportation, roads, the bicycle trails. They feel there is a decisive
effort about arts in Iowa City and there is room and a need for that. There is an importance of
art and they are thinking the way in the City is growing there are opportunities in this location.
They also think it is vital that they offer the type of services like the educational services in this
in this component. There will be other types of programming activities in the building as well,
but education is probably a core of, of the project. They have done a study on the potentials
and opportunities at this site and also some programmatic interviews and exercises with people
in the community. It is a two-story building, they are proposing to have the main floor be the
educational components and the second floor be the function of a rental studios. The idea is to
provide reduced rent prices so artists in the community can afford this. By having this in Iowa
City, a lot of the people in in the community won't have to relocate or find another reason to stay
and practice the arts in our community. The building is a very simple structure, a box, they are
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November 13, 2019
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proposing to make improvements such as providing windows in the studios. But they also want
to integrate the community to participate in designing and being part of the aesthetic image of
the project.
Chrischilles asked what Loria's involvement was with the project. Loria noted he is the Vice
President of the board and he is concerned about the cultural life of the City. He has been living
in Iowa City for 16 years and as an architect, he feels this a perfect way where he can make a
contribution.
Hazell asked what was in the space right now because when he drove by earlier a massive
semi pulled out from the back. Loria stated it is currently empty space. They are hosting tours
for people who are interested in their group.
Pretorius closed the public hearing.
Chrischilles noted it sounds like a good use of the building. Hazell agreed and noted there's
plenty of parking with easy access and overall adding some positive elements to that area and
no way detracting from what's already happening.
Chrischilles moved to approve EXC19-11, an application submitted by Arts Iowa City for
a special exception to allow for a specialized education center for classroom/workshop
space for a community arts center in an Intensive Commercial (CI-1) zone located at 1423
Waterfront Dr.
Hazell seconded the motion.
Chrischilles stated that regarding agenda item EXC19-11 he concurs with the findings set forth
in the staff report of November 13, 2019, and conclude the general and specific criteria are
satisfied so unless amended or opposed by another Board member he 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 4-0.
Pretorius 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 EXC19-10:
An application submitted by Lucas Off Campus for a special exception to allow for a before and
after school daycare in the Low -Density Single Family Residential (RS-5) zone located at 3001
Muscatine Ave.
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November 13, 2019
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Cox noted he needed to recuse himself as he has a child that attends this program. After
consultation with the city attorney, it was decided he would recuse himself to avoid a conflict of
interest in this application.
Lile began the staff report showing a zoning map and noted it is surrounded by single family
residential with two schools across the street on Muscatine Avenue. For some background
Lucas Off Campus is an Iowa City nonprofit childcare provider that provides before and after
school care for children ages kindergarten through sixth grade. They moved from the Lucas
Elementary to the current location at 3001 Muscatine Avenue, which is the location of the River
Community Church just recently. They currently have approximately 50 children enrolled in
their childcare program and they're applying for a special exception to operate a daycare facility
in a residential zone. Lile noted again the role of the Board is to approve, approved with
conditions or deny the application based on the facts presented.
With regards to the specific standards for daycare uses. For the required indoor activity areas,
child daycare centers must contain at least 35 square feet of usable interior floor space per
child. When collected in a facility that has this other uses or services the proposed daycare use
must have its own separate identifiable space for program activities during operational hours.
Lile showed the site plan submitted by the applicant that shows the childcare areas inside. The
required square footage for 50 children is 1750 square feet and the site plan submitted and
shows two childcare areas, the first primary one is located next to the entrance and it is 1771
square feet, the secondary area is 2124 square feet for a total of just under 4000 square feet
inside. They also have access to a gymnasium to the south of the building that has another
almost 4000 square feet.
For the required outdoor areas and child daycare uses must provide a fenced outdoor play area
of not less than 100 square feet per child based on the maximum number of children that will be
using the outdoor play area at any given time. The outdoor player must meet the following
standards.
1. That playground equipment is not permitted within the front and side setbacks
2. The outdoor play area must be well drained, free from hazards, readily accessible to the
daycare center. In residential zones outdoor play areas must be completely enclosed by
a fence at least four feet in height. In commercial and industrial zones the outdoor play
area must be completely enclosed by a fence built to the S4 standard and screened
along the parameter to the S3 standard. The City may waive the screening requirement
if it is determined that the land uses surrounding the daycare will not pose a nuisance or
safety hazard to the children.
Lile noted the applicant has proposed breaking the children into groups by age and having no
more than 25 children outside at one time. This will make the required fenced area 2500
square feet. The applicant is also proposed installing a four -foot chain link fence around the
play area. Per DHS standards the applicant must provide one supervisor for every 15 children
ages five to 10. The applicant would be required to provide at least two supervisors for the
anticipated 25 children that will be using this play area at one time. The applicant has shown
an outdoor play area on the northwest corner of the site in the submitted site plan. Lile stated
this area is not ideal due to the proximity to both Muscatine Avenue and Dover Street. Staff
has recommended the applicant explore alternative areas for the required outdoor space, but
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November 13, 2019
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the applicant does not own the building in any changes the existing site would have to be
approved by the property owner. In order to improve the safety of the proposed outdoor play
area staff has proposed the following conditions:
1. That the applicant must provide a striped pedestrian crossing area from the building to the
fenced outdoor play area
2. That the fenced area must be located 30 feet from both Muscatine Avenue and Dover
Street in order to provide a buffer between the street and play area and to shift the play
area away from the intersection.
3. That the fence area must only serve children kindergarten and up. Lile noted there is also
a preschool located in this building and staff does not feel that this area be appropriate for
them as they have another fenced area already.
4. That the applicant must close the exit onto Muscatine Avenue nearest the play area when
is in use and not allow traffic to enter or exit that location between the building and the
fenced play area. Lile stated an additional condition that staff is proposing is that the
circulation route shown on the submitted site plan be modified to show that parents exit on
to Dover Street instead of driving between the building and the play area.
Regarding vehicular circulation, the use must provide a drop off and pick up area and a location
that is convenient to or has good pedestrian access to the entrance of the facility. This drop off
and pick up area must contain sufficient stacking spaces and parking spaces to ensure that
traffic does not stack into adjacent streets or other public right-of-ways. to promote safe
vehicular circulation one-way drives are encouraged. Lile noted the site plan shows a parking
area outside of the main daycare entrance that's connected to the entrance by a sidewalk and
the 27 parking spaces shown is more than the required 22 spaces. The entrance is located
away from the public right-of-way so onsite traffic will not impede traffic onto adjacent streets
particularly Muscatine. Again, staff is proposing the condition that the circulation plan be
modified to show parents exiting onto Dover instead of around on to Muscatine.
For pedestrian circulation, a sidewalk must be constructed connecting the main entrance of the
center to the adjacent public right-of-way. Pedestrian access must be clearly separated or
distinguished from the vehicular circulation areas to minimize the extent to which users of the
facility are required to walk across drives or aisles to gain access to the daycare center. Lile
stated since the staff report was published staff and the applicant have discussed two
possibilities to meet this requirement. Lile presented both options and then the applicant will
provide more information about which they would prefer and why. The first option is to extend
the sidewalk from the crosswalk on Muscatine Avenue directly to the main entrance of the
church. Lile noted there are some top topography issues here that the applicant can go into
further. The second option was presented by the applicant, where Lucas Off Campus would
extend a sidewalk that connects to the private sidewalk owned by the Village Green HOA to the
east of the church. Staff has a few safety concerns mainly that the children would have to cross
the drive shown in the circulation plan, therefore staff is proposing other conditions for the
sidewalk plan.
1. That the applicant must provide a striped pedestrian area that connects the entrance of
the daycare to the sidewalk extension.
2. That the applicant must put cones or another barrier out across the entrance drive to
block cars entering the parking area during the use of the walkway in order to provide
the required separation from vehicle circulation.
3. That there must be a written agreement between Lucas Off Campus and the Village
Green HOA for the use of their sidewalk.
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4. That the applicant must escort the children to and from school using this sidewalk
connection. Lile added it is also a requirement of DHS that the children are escorted to
and from school.
Regarding site development standards, if the proposed use is located in a residential zone or in
the Central Planning District it must comply with the multifamily site development standards set
forth in 14-213-6 of this title. Daycare facilities that are an accessory use are exempt from this
specific provision. Lile stated this building is preexisting of this site development standard and
non -conforming building, but the applicant is not proposing any changes to the building itself but
asking this as an additional use. Therefore staff feels that this is not a necessary requirement for
this particular building.
Lile next discussed the general standards. That this specific proposed exception will not be
detrimental to or endanger the public health, safety, comfort or general welfare. With the
conditions proposed staff believes that this site is a safe and suitable area for a childcare facility.
The site is also equipped to handle large volumes of people and has a sufficient occupancy
limit.
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. This proposed center is located in an existing building and will not operate on
neighboring sites aside for the sidewalk that they would get an agreement with the HOA. The
addition of a chain link play fence and the area will not substantially change the site or affect the
surrounding property. Additionally, there are other childcare programs and schools nearby
including in the existing preschool at this site. The addition of other children will not diminish the
use or enjoyment of surrounding property.
That the 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 the property is located. The surrounding residential neighborhood is fully
developed and the proposed facility will operate on site and will not impede the development or
improvement of the surrounding properties.
That adequate utilities, access roads, drainage and necessary facilities have been or are being
provided. The subject property already has access to all the necessary utilities and facilities.
Adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets. The subject property currently has three access
points, two off of Muscatine and one off of Dover Street. Staff has proposed the condition to
change the proposed circulation pattern to minimize traffic leaving off the site onto Muscatine by
routing them on to Dover Street and avoiding going in between the playground area in the
building.
That except for the specific regulations and standards applicable to the exception being
considered the specific proposed exception in all other respects conforms to the regulations or
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November 13, 2019
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standards of the zone and which is to be located. The proposed exception will not substantially
change the site layout and the building meets all the setback and height requirements of the
RS-5 zone
That the proposed exception will be consistent with the Comprehensive Plan of the City. Iowa
City's Comprehensive Plan supports development that provides opportunities for people of all
stages of life, including children, young adults, families and seniors. Iowa City also lacks
childcare facilities to support these families and the addition of another childcare facility near
two elementary schools would help support the children and families of this neighborhood.
Staff recommends the approval of EXC19-10, an application submitted for a special exception
to allow for a before and after school daycare in the Low -Density Single Family Residential (RS-
5) zone located at 3001 Muscatine Avenue with the following conditions:
1. That the applicant must provide a striped pedestrian crossing area from the building to
the fenced outdoor play area.
2. That the fenced area must be located 30 feet from both Muscatine Avenue and Dover
street in order to provide a buffer between the street and play area and to shift the play
area away from the intersection.
3. That the fenced area must only serve children kindergarten and up.
4. That the applicant must close the exit on the Muscatine Avenue near the play area when
it is in use in order to reduce vehicle traffic.
5. That the circulation plan must be modified to show parents exiting the site on to Dover
Street, instead of driving between the building and the play area.
6. That the applicant must escort children to and from school at the ratio determined by
DHS.
Lile noted additionally, if the Board chooses to allow the sidewalk connection presented by the
applicant onto the Village Green HOA sidewalk, staff recommends the following additional
conditions:
1. That the applicant must provide a striped pedestrian area that connects the entrance of
the daycare to the sidewalk extension.
2. That the applicant must put cones or another barrier out across the entrance drive to
block cars entering the parking area during use of the walkway in order to provide the
required separation from vehicle circulation areas.
3. That there must be a written agreement between Lucas Off Campus and the Village
Green HOA for the use of their sidewalk.
Hazell asked how far away Lucas Elementary is from the subject location. Lile noted it is just to
the north across Muscatine Ave on Southlawn Drive.
Chrischilles asked if some of the children walk there every day and some of the children are
driven there every day to the before and after school program. Lile assumes most of the
children are driven to the before school program and dropped off by their parents. For the after -
school program the applicant is required by DHS to pick the children up from school and escort
them across the street to the daycare.
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November 13, 2019
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Hazell asked where's the other play area that was mentioned. Lile said it is shown on the lower
right-hand corner of the site plan, it's a play area with some slides and stuff but it's been created
for the preschool children, not really a suitable play area for older kids.
Chrischilles asked if the applicant is already occupying this space, and how long they have been
there. Lile said the applicant can speak to that.
Hazell asked if the original staff recommendation for the sidewalk going into the front of the
church would then be the primary entrance for the daycare. Lile said for the pedestrian
circulation requirement there must be a sidewalk constructed connecting the main entrance of
the center to the adjacent public right -of -away. Currently, the entrance they are using is the one
next to the parental drop off and pick up point, but they also have access to the main area
connecting to the main door. So if this condition is the one that is required, they would have to
make that their main entrance.
Lile noted the side entrance is currently the primary entrance that they use, but if the sidewalk
was constructed from the main entrance of the building, then that would have to be their primary
entrance.
Chrischilles asked if it is allowable to use the side entrance as designated as the primary if they
do the shared sidewalk on this on the side. Lile confirmed that was correct.
Hazell thinks the concern is how parents will come pick children up if that's going to be used to
exit, if cones are put up to block that how is the traffic flow going to happen through that area.
He noted that at his son's after school some of the kids do walk themselves home so he's
assuming that the sidewalk will also be used at the same time when parents may be driving in to
pick up. He feels there is a potential issue with that kind of cross traffic if the daycare is going to
be blocking it off from use. Lile said staff is envisioning that they would block off that area when
they were walking the kids to school and then walking them back to the center after school.
Chrischilles asked if the screening requirement would be waived and does that need to be
specified in the recommendations. Lile stated the screening requirement is for daycares located
in the commercial and industrial zones, the ones located in residential zones are required
fencing.
Pretorius opened the public hearing.
Ken Valley (909 Maplewood Lane) is the board president of Lucas Off Campus. With regards to
the outdoor play space, initially they had talked with the Village Green homeowner's association
who has a very large open area right next door to the church, however, after speaking with them
because of the fence scenarios required they were not willing to put a fenced -in area on their
open space. That is why they ended up going with the area that is on the north west corner of
the churches lot. The church has agreed to the area on their property being fenced in. Valley
noted there wasn't really any other space that fits the criteria. Another suggestion was just to
the to the left of the church which is right next to the parking lot. However, upon further
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November 13, 2019
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inspection of that area it is a very steep sloped area and they weren't sure it could be a fenced
in or that it would be big enough.
Valley stated regarding the two options for the sidewalk extensions their main concern with the
first one is they are afraid drainage would be impeded. Additionally along Muscatine there are
actually walkways further down the street that would be very similar to this and they are either
stepped or sloped to a point where it makes it very difficult for handicapped accessibility.
However, on the Village Green sidewalk it is completely sloped and a straight shot straight up
towards Muscatine, the big sidewalk that's along Muscatine Avenue.
Valley commented on the question about kids walking home. Their policy is once they are at
Lucas Off Campus they are not allowed to leave by themselves. They do have one student who
actually does walk home, but they have someone escort him across Muscatine so he can get
home. The rest are all picked up by parents after work.
Chrischilles stated regarding the timeline, before school he is assuming that almost all the kids
are dropped off by vehicle. Valley said either by vehicle or walked by their parents. Valley said
then they are there less than an hour and then escorted by staff to school along Muscatine
where there's a crosswalk that is stationed with a crossing guard before school and after school.
There is a crossing guard that helps stop traffic to allow the children along with the escort get
across to school. And then after school, the children meet and go in groups of 15, which is the
DHS standard ratio of one supervisor, plus one, per 15 children, it is a considered a field trip
scenario, so they pick them up, escort 15 children across the street to the center, and then
based on staffing that day, they either have two staff that are still back there to pick up the next
15 or one of those staff goes back to school to help escort.
Chrischilles asked if they walk year-round, never driven by vehicle. Valley confirmed they walk
all year. Chrischilles noted then it becomes an issue of is the sidewalk on the east side safe.
When it is the end of the day and some of the kids are picked up by vehicle by their parents at
that point would there be any children outside the building. Valley confirmed they would not be
outside the building, the play area would be closed. Chrischilles stated then once the children
are in the facility, either before or after school, the entrance could be shut off and closed. Valley
confirmed yes. He added the space that are available inside of the church pretty much triples
any other childcare facility that he is aware of. Not a lot have a full-size gymnasium that they
have access to. Even the daycare that still remains at Lucas Elementary is two rooms, not
three, so the room that is available here is far surpasses anything. The outdoor space is more
for a nice fall day or a nice spring day, or they've talked about having a summer program where
there will be times during the day that they would go out and be in the play area. Valley noted
for example, today is a Wednesday, students would have gotten out of school at 2:55. All the
children have been escorted over to the program by 3:15. They would go from 3:15 to 4:00 in
the play space and that would pretty much be about it. The vehicular traffic is later, the
program is open until 6:OOpm.
Board of Adjustment
November 13, 2019
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Chrischilles asked if they are also operating a summer program. Valley replied they've talked
about, they have in the past but this is their first year outside of Lucas Elementary so they do
not know if they're going to or not
Pretorius closed the public hearing.
Chrischilles thinks it's okay to have the sidewalk on the on the side of the building they just need
to clarify what the after -school program needs to do in terms of safety of the children in terms of
shutting off entrances at certain times. All the other conditions apply, the circulation plan must
be modified to have people exit onto Dover Street, they must close the exit on Muscatine when
the play area is in use. Chrischilles wondered if it would it be easier just to say they can't exit on
Muscatine Avenue period, that they have to exit onto Dover, and then that would make number
four a moot point.
Hazell clarified Chrischilles is suggesting it would be closed off the entire time the program is in
session. Cox feels it's probably simpler for them when they're ready to go take the kids out to
put the cones up and close it and then when they when they all go back inside open it.
Chrischilles asked if the recommendation is to suggest cars exit onto Dover Street or is it
requiring that they exit onto Dover Street. He feels if the Muscatine Avenue exit is open people
will use it. Chrischilles suggest recommending that they have to exit onto Dover Street and just
to be extra safe when the play area is in use they also have to close the Muscatine Avenue exit
or they could just close it when they get there while the program is in session and keep it
closed.
Hazell asked about the mornings, they are just for there for about 40 minutes. Chrischilles
doesn't think it is necessary as he doesn't think the kids will be outside playing at that time.
Pretorius noted she doesn't feel as strongly about it. But if it ends up being what's motioned she
will support.
Chrischilles stated then do they want to still have Muscatine Avenue as an exit some of the
time.
Pretorius questions to close it off kind of quasi permanently, is it really going to be used that
much anyways. The bright orange cones are going to be a deter when the kids are in the
playground area. She feels as long as they're diligent with the diverting the traffic when it's
necessary when the children are out there.
Hazell feels the staff recommendations do address those basic requirements and doesn't feel
they need to necessarily reword it.
Chrischilles commented on the fence area, noting it should be required to be installed before the
play area can be used.
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Pretorius noted that regarding the sidewalk it sounds like they're using the side entry as their
main entry already. Plus noted they are talking about a not -for -profit, putting in another
sidewalk is costly.
Dulek proposed the Board discuss a condition regarding escorting children that walk home. The
applicant mentioned that there was one child that gets escorted now, but what about next year,
what if there are two children, does the Board want to have some type of condition noting if
children do leave on foot, there be some type of escort required.
Hazell stated they could stipulate all children must be escorted up to Muscatine or really just
escorted across that cross way is fine. It could be added as recommendation four and stated as
all children must be escorted off property by staff or guardians.
Chrischilles asked if they will just leave it the way it is and the stipulation would be that they only
put cones up when kids are in the play area and then otherwise recommended that they leave
on Dover Street but not required. Pretorius and Hazell agreed.
Chrischilles stated that regarding agenda item EXC19-10 he concurs with the findings set forth
in the staff report of November 13, 2019, and conclude the general and specific criteria are
satisfied. So unless amended or opposed by another Board member he recommends that the
Board adopt the findings in the staff report as our findings with acceptance of this proposal. He
finds that with regards to having the sidewalk and the east side access to the building from the
sidewalk safety has been satisfied by the addition of a pedestrian walkway and by shutting off
the entrance to the parking lot when the children are arriving as pedestrians.
Hazell seconded the findings of fact.
Chrischilles moved approval of EXC19-10, an application submitted for a special
exception to allow for a before and after school daycare in the Low -Density Single Family
Residential (RS-5) zone located at 3001 Muscatine Avenue with the following conditions:
1. That the applicant must provide a striped pedestrian crossing area from the building
to the fenced outdoor play area.
2. That the fenced area must be located 30 feet from both Muscatine Avenue and Dover
street in order to provide a buffer between the street and play area and to shift the
play area away from the intersection, and the play area cannot be occupied or used
until the fence is in place.
3. That the fenced area must only serve children kindergarten and up.
4. That the applicant must close the exit on the Muscatine Avenue near the play area
when it is in use in order to reduce vehicle traffic.
5. That the circulation plan must be modified to show parents exiting the site on to
Dover Street, instead of driving between the building and the play area.
6. That the applicant must escort children to and from school at the ratio determined by
DHS.
7. That the applicant must provide a striped pedestrian area that connects the entrance
of the daycare to the sidewalk extension.
8. That the applicant must put cones or another barrier out across the entrance drive to
block cars entering the parking area during use of the walkway in order to provide the
Board of Adjustment
November 13, 2019
Page 13 of 13
required separation from vehicle circulation areas.
9. That there must be a written agreement between Lucas Off Campus and the Village
Green HOA for the use of their sidewalk.
10. All children must be escorted by staff or guardians off the property when they leave
the program.
Hazell seconded the motion.
A vote was taken and the motion carried 3-0.
Pretorius 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.
ADJOURNMENT:
Chrischilles moved to adjourn this meeting, Hazell seconded, a vote was taken and all
approved.
BOARD OFADJUSMENT
ATTENDANCE RECORD
YEAR 2018-2019
NAME
TERM
EXP.
2/14
5/9
6113
8/8
12/12
2/13
3/13
4/10
5/8
7/10
10/9
11/13
COX, ERNIE
12/31/2020
--
--
--
--
--
--
O/E
X
X
O/E
X
X
GOEB, CONNIE
12/31/2019
O/E
X
X
X
X
O/E
X
X
X
X
X
O/E
HAZELL, ZEPHAN
12/31/2021
—
—
—
—
—
X
X
X
X
X
O/E
X
PRETORIUS, AMY
12/31/2023
--
--
--
--
--
X
X
X
X
X
X
X
CHRISCHILLES, GENE
12/31/2022
--
--
--
--
--
--
--
X
X
KEY: X
= Present
O
= Absent
O/E
= Absent/Excused
NM =
No meeting
---
= Not a Member
To: Board of Adjustment
Item: EXC19-12
Parcel Number: 1015308001
& 1015307007
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Anne Russett, Senior Planner
Date: January 8, 2020
Applicant: Britni Andreassen
Kum & Go LLC
1459 Grand Avenue
Des Moines, IA 50309
(515) 547-6083
Britni.andreassen@kumandgo.com
Contact Person: Keith Weggen
Civil Design Advantage
3405 SE Crossroads Drive, Suite G
Grimes, IA 50111
(515) 369-4400
keithw@cda-eng.com
Property Owners: Kum & Go LLC
1459 Grand Avenue
Des Moines, IA 50309
(515) 547-6083
McDonough Structures
340 Highland Avenue
Iowa City, IA 52240
(515) 512-6491
Kam Properties, LLC
3309 Highway 1 SW
Iowa City, IA 50240
GKLZ, LLC
325 E. 3rd St.
Iowa City, IA 50240
Requested Action: Special exception for Quick Vehicle Servicing
Purpose: To allow for a convenience store with fuel sales
Location: Northeast corner of S. Gilbert St. and Highland
Ave.
1
Location Map:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable Code Sections:
File Date:
1.15 acres
Commercial, Rivertront Crossings South Gilbert
(RFC -SG)
North: CI-1 — Intensive Commercial
(Commercial)
South: CC-2 — Community Commercial
(Commercial)
East: CI-1 — Intensive Commercial
(Commercial)
West: RFC -SG — Rivertront Crossings — South
Gilbert (Commercial & Residential)
14-413-3: General Approval Criteria
14-413-413-12: Quick Vehicle Servicing
November 8, 2019
BACKGROUND:
The applicant, Kum & Go, LLC, requested a rezoning of two properties located at the northeast
corner of S. Gilbert Street and Highland Avenue in October, 2019. Both were zoned Intensive
Commercial (CI-1) and the applicant requested a rezoning to Rivertront Crossings -South Gilbert.
On November 7, 2019 the Planning & Zoning Commission recommended approval with a 7-0
vote to rezone these properties with the following conditions:
1. The applicant must close all access points along S. Gilbert St. and will reduce the
number of access points along Highland Ave. to one.
2. The applicant must dedicate additional right-of-way to the City along Gilbert St. based on
the dimensions shown in Attachment 3.
Though the Commission recommended approval, concerns were raised about light and noise
pollution on surrounding properties.
City Council held a public hearing on this rezoning on December 3, 2019, and passed the
rezoning ordinance and conditional zoning agreement on December 17, 2019 with the
conditions recommended by the Planning & Zoning Commission.
Kum & Go currently owns the property at 1310 S. Gilbert St. and has a purchase agreement in
place with the property owners of the neighboring parcel.
The subject property is located within the Riverfront Crossings Form Based Code District, an area
within Iowa City that has been targeted for redevelopment. Kum & Go has been redeveloping many
of their sites throughout the Iowa City area, the two most recent at Benton St. & Riverside Dr. and
Muscatine Ave. & 111 Ave. The applicant is proposing to redevelop the subject site to expand the
floor area of the convenience store, add two additional gas pumps, and provide additional parking.
This use is considered a Quick Vehicle Servicing use, which is allowed by special exception in the
Riverfront Crossings -South Gilbert zone.
The current Kum & Go located on this property was built in 1991. The layout of the existing site is
not conducive to good traffic flow due to the canopy location over the store as well as the layout of
the parking lot. The parking lot has four access points on -site, two of them from S. Gilbert St., one
from Highland Ave., and one from E. 31 St. The commercial condos located at the property to the
east were built in 1955, and have been used for storage and construction businesses.
The applicant held a Good Neighbor Meeting on October 23, 2019. Seven local business owners
attended the meeting where the applicant displayed their concept plan and elevations, described
their project, and answered questions about the proposed redevelopment. Neighbors were
concerned with access to their properties during construction and the proposed timeline. The
applicant was able to convey that the site will be entirely self-contained during the construction
process and would not disturb access to surrounding businesses. All attendees expressed
excitement about the redevelopment.
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 14-4B-4B-12, pertaining to Quick Vehicle Servicing Uses as well as
the General Standards laid out in Section 14-4B-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: 14-4B-4B-12: Quick Vehicle Servicing
a. All vehicular use areas, including parking and stacking spaces, drives, aisles, and service
lanes, must be screened from the public right of way to the S2 standard and to the S3
standard along any side or rear lot line that abuts a residential zone boundary.
(See chapter 5, article F, "Screening And Buffering Standards", of this title.)
3
FINDINGS:
The subject site is not abutting any residentially zoned properties, so the S2
screening standards apply.
o The S2 standard requires enough shrubs to form a landscape screen
ranging between two and four feet in height
The concept plan submitted by the applicant shows trees and shrubs screening
the parking area along both Highland Ave. and 31 St and a wall screening the
parking area along S. Gilbert St. Staff will ensure compliance with screening
standards during design review and site plan review.
b. Sufficient vehicle stacking spaces must be provided to prevent congestion and vehicle
conflicts along abutting streets.
FINDINGS:
The concept plan shows sufficient vehicle stacking and parking spaces to
accommodate anticipated traffic volumes.
The current access points off S. Gilbert St. create congestion and safety issues
due to their proximity to nearby intersections and the amount of traffic this street
experiences daily. Additionally, Highland Ave. experiences a significant amount
of traffic as it is one of the few through east/west streets that cross the CRANDIC
railroad. To help mitigate these issues, the condition that both Gilbert St. access
points and one Highland Ave. access point must be closed was attached to the
rezoning.
c. Unenclosed canopies over gas pump islands must be set back at least ten feet (10') from
any street right of way. Fuel dispensing equipment must be set back at least ten feet (10')
from any street right of way and at least fifty feet (50') from any residential zone boundary.
FINDINGS:
• The concept plan submitted by the applicant shows the canopy over the gas
pump island at least 30 feet away from the right-of-way.
• The site is not within 50' from any residential zone boundary.
d. All lighting must comply with the provisions of chapter 5, article G, "Outdoor Lighting
Standards", of this title.
FINDINGS:
• All lighting will be reviewed during the design review stage by the Form Basec
Code Design Review Committee, as well as during the site plan review stage.
i. For properties located in the riverfront crossings district and eastside mixed use district,
quick vehicle servicing uses are only allowed by special exception in certain locations
and must comply with the standards set forth in chapter 2, article G, "Riverfront
Crossings And Eastside Mixed Use Districts Form Based Development Standards", of this
title.
FINDINGS:
• During the design review stage, the Form -Based Code Design Review
Committee will review the plans to ensure compliance with Chapter 2, Article G.
j. For properties located in the CB-2 zone, CB-5 zone, riverfront crossings district, eastside
mixed use district, or towncrest design review district, where it can be demonstrated that
the proposed quick vehicle servicing use cannot comply with a specific standard as
indicated in subsections 1312h and B12i of this section, the board of adjustment may
grant a special exception to modify or waive the provision, provided that the intent of the
development standards is not unduly compromised. The board of adjustment may impose
any condition or conditions that are warranted to mitigate the effects of any variation from
these development standards.
FINDINGS:
• The applicant is not asking the Board of Adjustment to modify or waive any of the
above provisions.
General Standards: 14-4113-3: Special Exception Review Requirements:
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.
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
FINDINGS:
There is an existing convenience store with fuel sales located on this site.
This special exception will allow the reconstruction of the existing building and
site to improve access from public streets, circulation within the site, and provide
physical and aesthetic site improvements.
The rezoning request was granted with a condition that the applicant dedicate
additional right-of-way along S. Gilbert St. in order to provide a more pedestrian
friendly environment and create a wider landscaped buffer between traffic on S.
Gilbert St and the public sidewalk.
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:
As there is an existing convenience store with fuel sales on site, the proposed
use would not change.
• Approval of this special exception would allow for a reconstruction of this site with
an updated building and landscaping, improving the building both aesthetically
and physically.
As noted in the background section, the Planning and Zoning Commission raised
concerns about lighting and noise in what is an increasingly residential area.
While light, traffic, and noise associated with service stations may impact nearby
residential uses, this must be balanced with the fact that the property is located
along an arterial road and zoned to allow commercial use.
o Staff recommends the following condition to mitigate the effect of noise on
nearby properties:
1. No amplified sound (such as music or advertising) be allowed
outside the building. Intercoms may be used under the canopy for
customer service only.
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 properties are developed, but eligible for redevelopment under
the Riverfront Crossings Form Based Code.
The redevelopment of the subject property will improve circulation on S. Gilbert
Street as the two current access points to the site will be closed.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
• The subject property has access to all necessary utilities and facilities, and the
redevelopment would not require off -site improvements.
S. Adequate measures have been or will betaken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
• The current site has access points off of S. Gilbert St, Highland Ave., and 3rd St.
A condition was attached to the rezoning that the applicant must close all access
points from S. Gilbert St. and have only one access point from Highland Ave. in
order to minimize traffic congestion on surrounding streets and at the intersection
of S. Gilbert St. and Highland Ave.
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 proposed special exception for a quick vehicle servicing use conforms to the
applicable zoning standards. At the time of design review staff will ensure
compliance with the Rivertront Crossings Form Based Code.
7. The proposed exception will be consistent with the Comprehensive Plan of the
City, as amended.
FINDINGS:
• The Future Land Use Map of the Comprehensive Plan has designated this area
for Mixed Use Development.
o The Mixed Use land use designation includes a variety of retail, office,
and residential uses.
• The Comprehensive plan also supports urban infill and redevelopment in certain
areas of the City, including in the Rivertront Crossings District.
• The Rivertront Crossings Master Plan calls for a pedestrian scale development in
this area along S. Gilbert St., with buildings to the front of the street and parking
to the rear. It also calls for a retail/convenience store in this area to serve local
residential and commercial uses.
• The Master Plan envisions this area to be redeveloped and shows a building
placed in the front corner of the lot with parking in the rear.
STAFF RECOMMENDATION:
Staff Recommends approval of EXC19-12, a proposal submitted by Kum & Go, LLC to
redevelop a quick vehicle servicing station on approximately 1.15 acres of property located at
the northeast corner of S. Gilbert St. and Highland Ave. subject to the following condition:
1. No amplified sound outside of the building aside from customer service intercoms at the
gas pumps.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Area to dedicated as public right-of-way
4. Application Materials
5. Concept Plan
Approved by: 1
tzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
E,XLIq--coc ha
APPLICATION TO THE
BOARD OF ADJUSTMENT-
-SPECIAL •� �:1
EXCEPTION .,
DATE: October 11, 2019
PROPERTY PARCEL NO. 1015308001 & 1015307007
PROPERTY ADDRESS: 1310 S Gilbert St and 348 Highland Ave.
PROPERTY ZONE: RFC -SG
PROPERTY LOT SIZE: 1.15 AC
Name: Kum & Go LLC. (Britni Andreassen)
APPLICANT: Address: 1459 Grand Ave. Des Moines IA, 50309
Phone: (515) 457-6083
Email: Britni.andreassen@kumandgo.com
Name: Civil Design Advantage (Keith Weggen)
CONTACT PERSON: (if other than applicant) Address: 3405 Se Crossroads Dr. Suite G Grimes IA, 50111
Phone: (515) 369-4400
Email: Keithw@cda-eng.com
PROPERTY OWNER:
(if other than applicant)
Name: (See Attached)
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-mail jessica-lile@iowa-city.org.
Purpose for special exception: Approval of "Quick Vehicle Servicing" to allow the use of
a co
Date of previous application or appeal filed, if any: N/A
es.
CITY OF IOWA CITY
REVENUE DIVISION
410 E WASHINGTON ST
IOWA CITY, IA 52240
(319) 356-5066
010701-0000 Trina S. 11/00/2019 09:OOAM
MISCELLANEOUS
Description: OTHER
(OTHER)
Reference 1: EXC19-0001
OTHER (OTHER)
2020 Item: OTHER
1 @ 460.00
OTHER (OTHER)
460.00
95900000-101100=
460.00D
10610620-341200-
460,OOC
Payment Id: 373465
460.00
Subtotal 460.00
Total 460.00
CREDIT CARD 460.00
Visa******6610
Ref=ACOF2A2B2E66
Auth=06696G
-----------
Change due 0.00
Paid by: KEITH WEGGEN
Signature: _._..__............. .._.....
_.._.._..
THANK YOU FOR YOUR PAYMENI
CITY OF IOWA CITY COPY
-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 14-4B-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-
lile@iowa-city.org. Failure to provide this information will constitute an incomplete
application and may lead to a delay in its consideration before the Board of
Adjustment.
50
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.
There is an existing convenience store with fuel sales already at the site.
This request will allow the reconstruction of the existing building and
canopy to improve access from public streets to the site, improve
circulation within the site, and to significantly improved the building both
physically and aesthetically. This approval will not be detrimental to or
endanger the public health, safety, comfort, or general welfare, as the use
of is compatible with those often related to similar districts.
n
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.
As there is already an existing convenience store with fuel sales on the
site, the proposed use will not change. As the approval would allow the
complete reconstruction of the existing building and fuel canopy, the site
will be significantly improved both physically and aesthetically, thus
improving the use and enjoyment of other property in the immediate
vicinity and will not diminish and impair property values in the
neighborhood.
3. Establishment of the specific proposed exception will not impede the normal
and orderly development and improvement of the surrounding property for
uses permitted in the district in which such property is located.
The establishment of the specific proposed exception will improve; 'he
normal and orderly development and improvement of the surrounding
property for uses permitted in the Riverfront Crossing distridt"als:
circulation through S Gilbert st will be improved by removing accesses to. —
store on S Gilbert St. ,
4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
All are utilities, access roads, drainage, and/or necessary facilities are in
place today. This project would not require extensions or off -site
improvements. Vehicular access from S. Gilbert would go away, providing
some relief at the adjacent intersection.
A
me
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
Proposed with this project, the Applicant intends to remove existing
access points along S Gilbert St. This will improve circulations and
provide some congestion relief at the nearest intersection to the south.
6. Except for the specific regulations and standards applicable to the special
exception being considered, the specific proposed exception in all other
respects conforms to the applicable regulations or standards of the zone in
which it is to be located. [Depending on the type of special exception
requested, certain specific conditions may need to be met. The applicant
will demonstrate compliance with the specific conditions required for a
particular use as provided in the City Code section 144B as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K).)
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. For example, the building will be located within
the appropriate setbacks, the building will conform to code requirements,
and pedestrian access will be provided.
€1
7. The proposed use will be consistent with the Comprehensive Plan of the
city.
The City's Comprehensive Plan identifies this site as Mixed -use which
includes a variety of retail use. The proposed use of the site will be
consistent with City's future Comprehensive Plan.
-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
(See Attached)
ADDRESS
(See Attached)
.. ;✓
._.
Gn
C-IVIL DESIGN ADVANTAGE L.L.C. "' „Pt
Legal Description:
The west 115 feet of out lot 1 in cook, Sargent and Downey's addition to Iowa city, Iowa, according to the plat
thereof recorded in book 16, page 84, deed records of Johnson county, Iowa, excepting therefrom the south 30
feet thereof and further excepting the following tract: beginning at the northwest corner of said out lot 1, thence
east 5 feet along the south line of third street; thence south parallel to the west line of said out lot 1, 115.38 feet;
thence southerly in a straight line to a point 13 feet east of the west line of said out lot 1 and 16 feet north of the
north line of Highland avenue; thence southeasterly on a straight line between said point and a point on the north
line of highland drive 25 feet east of the west line of out lot 1 to a point 6.59 feet northwesterly along said line from
the point on the north line of highland avenue 25 feet easterly from the west line of out lot 1; thence southeasterly
28.96 feet in a straight line to a point on the north line of highland avenue 49.29 feet east of the west line of out lot
1; thence west 49.29 feet along the north line of Highland avenue; thence north 182 feet along the west line of out
lot 1 to the point of beginning.
And
Outlot 1 in Cook, Sargent and Downey's addition to Iowa City, Johnson County, Iowa. According to the Plat
thereof recorded in Deed Book 16, Page 84, Except the following:
1). —The south 30 feet of said Outlot 1,
2). —The west 115 feet of said Outlot 1,
3). — The east 20 feet of the south half of said Outlot 1.
a.
' ;...�
C'n
t
`1v
2405 SE CROSSROADS DRIVE, SU ME G, GRIMES, IOWA 501 11 • P 515+369+440D • F 57 5+369+441 O • WWW. CDAEN G,COM
CIVIL DESIGN ADVANTAGE L.L.C. """E�
S
F11, l E F L ~J R
List of Owners:
Parcel #:
1015308001
Owner:
Kum & Go LC
Address:
1459 Grand Avenue
Des Moines, Iowa 50309
Phone:
(515) 457-6083 (Britni Andreassen)
Email:
Britni.Andreassen@kumandgo.com
Parcel #:
1015307006
Owner:
Mcdonough Structures Inc. (Unit A)
Address:
Highland Avenue
Iowa City, Iowa 50240
Phone:
(515) 512-6491 (Scott McDonough)
Email:
Scott@mcdonoughstructutes.com
Parcel #: 1015307007
Owner: Mcdonough Structures Inc. (Unit B)
Address: 340 Highland Avenue
Iowa City, Iowa 50240
Phone: (515) 512-6491 (Scott McDonough)
Email: Scott@mcdonoughstructutes.com
Parcel #:
1015307008
Owner:
Mcdonough Structures Inc. (Unit C)
Address:
340 Highland Avenue
Iowa City, Iowa 50240
Phone:
(515)512-6491(Scoff McDonough)
Email:
Scott@mcdonoughstructutes.com
Parcel#:
1015307009
Owner:
Mcdonough Structures Inc. (Unit D)
Address:
340 Highland Avenue
Iowa City, Iowa 50240
Phone:
(515) 512-6491 (Scott McDonough)
Email:
Scott@mcdonoughstructutes.com
Parcel #:
101530710
Owner:
Kam Properties LLC (Unit E)
Address:
3309 Hwy 1 SW.
Iowa City, Iowa 50240
Parcel #:
1015307011
Owner:
Mcdonough Structures Inc. (Unit F)
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Address:
340 Highland Avenue
Iowa City, Iowa 50240
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Phone:
(515) 512-6491 (Scott McDonough)
Email:
Scott@mcdonoughstructutes.com
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3405 SE CROSSROADS DRIVE, SUrrE G, GRIMES, IDWA 507 11 • P 515+369+4400 • F515+369+441 O • WWW.CDA{NG.CGM
CIVIL DESIGN ADVANTAGE L.L.C.
Parcel #:
1015307012
Owner:
GKLZ LLC (Units G)
Address:
325 E. 31d St. Unit 1
Iowa City, Iowa 50240
Parcel #:
1015307013
Owner:
GKLZ LLC (Unit G1)
Address:
325 E. 3rd St. Unit 2
Iowa City, Iowa 50240
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3405 SE CROSSROADS DRIVE, SUITE G, GRIMES, IOWA 501 11 • P 51 5+369+4400 • F 51 5+369+441 O • N .COA-ENG.COM
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-1 E, City Code).
Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved
by any decision of the Board under the provisions of the Zoning Chapter, or any
taxpayer or any officer, department or board of the City may present to a court of
record a petition for writ of certiorari duly verified, setting forth that such decision
is illegal, in whole or in part, and specifying the grounds of the illegality. (Section
14-8C-1 F, City Code). Such petition shall be presented to the court within thirty (30)
days after the filing of the decision in the office of the City Clerk.
Date: 20Britni Andreassen, Kum & Go
Signature s) of Applicant(s)
Scott McDonough, McDonough Structures
Date: 20
Date: 20 _ Kam Properties LLC
1 ! I fn
Date: 20 GKLZ LLC
Signature(s) of Property Owner(s)
if Different than Applicant(s)
ppdadm in\appl ication-boase.doc
10.
is > ps,r,nitting a special exception, the Board may impose appropriate
1 ai f: ;, including but not limited to planting screens, fencing,
c usuu,=r,, Xt"t int and completion deadlines, lighting, operational controls,
ira�,.)vk.d tm::equirements, highway access restrictions, Increased minimum
y4rd requirements, p:,rking requirements, limitations on the duration of a use or ownership
w, vy othe* requirement which the Board deems appropriate under the circumstances
ia'Port a find r=g jt:t tile onditions are necessary to fulfill the purpose and intent of the
,'ur r tion 14AC.2C4, City Code).
Bate:
07t?rt•3 'ulnas ot',arwisq determined by the Board, all orders of the Board shall
axfrrr: dm; .;r'oz Y;rc from the date the written decision is tiled with the City Clerk,
=rr.lr = -, z, nrir .ant shall have; taken sebon within the six f•6) month period to
est=t=ii-` O-t, gas-i nr cnnstru-�t the, building permitted under the terms of the
t j c 0 :ion. su..h as b}= obaining a burldRng permit and proceeding to
nrfv—i<?rrcta with the terms of the permit. Upon written request, and
„c Aia.yn, the Uoara may extend the expiration date of any order
t~ .: s c headriv on bje merits of the orii: final appeal or application.
:•a q,,•riP.,.':�Y. tira_t os ;; Aiarad, Any parson or persons, jolotly or severally, aggrieved
A : a7;c' ,rrr e. €sr. provi:, on,: r<9 the Zr ninrr Chapter, or any
{ .+ r. .ter L-etrarrmtod or board of the Gity nay pre*4nt to a court of
z„ r. "> c-. -;i!t4-rrri duty veriflid. setting forth that such decision
cr a i, n3•', ;.:-1 specifying th, grounds of the Illegality. (Section
,i.:et shall be pm;xantcd 4u Uje court within thirty (30)
:j of _he dec sisrn in the office of the City Verk.
,20�
Ard
r
Tgric,-Urrf ul% of Applicant(s)
3 *t;A, Jnne'ugh Mtj +onough:>tmctures
Kara Properties LLC
3 r'Cr n1 U Ra.li Jlti4
Slgreature(s) of Property Owner(s)
�, i _ if DIMep:,t than Applicant(s)
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-1 E, City Code).
Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved
by any decision of the Board under the provisions of the Zoning Chapter, or any
taxpayer or any officer, department or board of the City may present to a court of
record a petition for writ of certiorari duly verified, setting forth that such decision
is illegal, in whole or in part, and specifying the grounds of the illegality. (Section
14-8C-1 F, City Code). Such petition shall be presented to the court within thirty (30)
days after the filing of the decision in the office of the City Clerk.
Date: November 4
Date:
Date:
2019 Britni Andreassen, Kum & Go
219
0
,20
I ')til13
Date: 20
ppdadmKapplication-boase.doc
6"
Signature(s) of Applicant(s)
Scott McDonough, McDonough Structures
Kam Properties LLC
GKLZ LLC
Signature(s) of Property Owner(s)
if Different than Applicant(s)
59
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: November 4
20 19
w;
19
Date: 20 _
1 _
{
Date.
Britni Andreassen, Kum & Go
Signature(s) of Applicant(s)
Scott McDonough, McDonough Structures
, 20 _ Kam Properties LLC
Date: (� �51 20
ppdadm inlappl ication-boase.doc
GKLZ LLC
SITE DATA
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