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HomeMy WebLinkAbout02-12-2020 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT MEETING Wednesday, February 12, 2020 — 5:15 PM City Hall, 410 East Washington Street Emma Harvat Hall AGENDA A. Call to Order B. Roll Call C. Consider the January 8, 2020 meeting minutes D. Special Exception Item 1. EXC20-01: An application submitted by Allan Berger of NREP, L.L.C. for a special exception to allow expansion of an animal related commercial facility in the CO-1 zone located at 3030 Northgate Drive. E. Discussion on Public Hearing Process for Special Exceptions F. Adjourn NEXT BOARD OF ADJUSTMENT MEETING: Wednesday, March 11, 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 DECEMBER 8, 2020 — 5:15 PM EMMA J. HARVAT HAZELL, CITY HALL PRELIMINARY MEMBERS PRESENT: Gene Chrischilles, Ernie Cox, Zephan Hazell, Amy Pretorius MEMBERS ABSENT: Bryce Parker STAFF PRESENT: Susan Dulek, Anne Russett OTHERS PRESENT: Siobhan Harman, Scott McDonough 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 NOVEMBER 13, 2019 MINUTES: Chrischilles moved to approve the minutes of November 13, 2019. Hazell seconded the motion. A vote was taken and the motion carried 4-0. NOMINATION AND SELECTION OF BOARD CHAIR AND VICE CHAIR: Cox nominated Pretorius to be Board Chair, Chrischilles seconded the motion, a vote was taken and the motion passed 4-0. Hazell nominated Cox to be Vice Chair, Chrischilles seconded the motion, a vote was taken and the motion passed 4-0. SPECIAL EXCEPTION ITEM 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 Rivertront Crossings — South Gilbert (RFC -SG) zone located at the northeast corner of South Gilbert Street and Highland Avenue Pretorius opened the public hearing. Russett began the staff report with a map that shows the project site. It is located at the northeast corner of South Gilbert Street and Highland Avenue. Next Russett showed a zoning map that shows the zoning for the site was recently rezoned to Rivertront Crossings South Gilbert District, that rezoning was approved last month by the City Council. Russett noted there were two conditions that were attached to that rezoning related to access points by closing Board of Adjustment January 8,2020 Page 2 of 6 access points along South Gilbert Street and reducing the access points along Highland Avenue to one. Currently there is an existing gas station and commercial condos on the site and the applicant is proposing to redevelop the site to expand the floor area of the convenience store, add two additional gas pumps and provide additional parking. The role of the Board of Adjustment is that they are charged with approving, approving with conditions or denying the application based on the facts presented. In order to approve this special exception, the Board must find that it meets all applicable approval criteria both the specific criteria for a quick vehicle servicing station and the general standards for a special exception. Russett first reviewed the applicable specific standards for quick vehicle servicing. Criteria A is that all vehicle 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 the residentially zoned boundary. Russett stated this subject site does not abut any residentially zoned boundaries so the S2 screening would be required and the concept plan shows trees and shrubs screening the parking area, the area along Highland Avenue and Third Street, and a wall screening the parking area along South Gilbert Street. Criteria B states that sufficient vehicle stacking spaces must be provided to prevent congestion and vehicle conflicts along abutting streets. Staff finds that the concept plan shows sufficient stacking and parking to accommodate anticipated traffic volumes and the current access points off of South Gilbert Street create congestion and safety issues due to their proximity to the intersections. Highland Avenue also experiences a significant amount of traffic. To help mitigate these issues a condition as part of the rezoning will restrict access along South Gilbert and allow only one access point along Highland Avenue. Russett showed the concept plan showing no access points along South Gilbert and one access along Highland Avenue. Criteria C states that unenclosed canopies over gas pump islands must be set back at least 10 feet from any street right-of-way and fuel dispensing equipment must be set back at least 10 feet from any street right-of-way, and at least 50 feet from any residential zone boundary. The concept plan submitted shows that the canopy over the gas pump Island is at least 39 feet from the right-of-way, and the site is not within 50 feet of any residential zone boundary. Criteria D states all lighting must comply with the provisions of the outdoor lighting standards. Russett noted that all lighting will be reviewed during the design and site plan review stages and staff will ensure compliance with those standards. Russett noted that criteria E through H do not apply to this special exception as those criteria apply to other zoning districts. Criteria I is for properties located in the Riverfront Crossings District. Vehicle servicing uses are only allowed by special exception in certain locations and must comply with the standards set forth in the Riverfront Crossings Form -Based Code. Compliance with the Riverfront Crossings Form -Based Code Chapter Two Article G will be reviewed during the design review stage. Lastly, Criteria J allows applicants to request waivers from standards and for this application, the applicant has not requested to waive or modify any of the provisions. Board of Adjustment January 8,2020 Page 3 of 6 Russett next reviewed the general standards. Staff finds that the proposed application meets the general criteria as outlined in the staff report. Russett highlighted Criteria 2, which is that 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. Staff finds that the proposal meets this application if one condition is imposed. As the staff report mentioned, the Planning and Zoning Commission had raised concerns about outdoor lighting and noise therefore staff recommends a condition that no amplified sounds such as music or advertising be allowed outside the building. Intercoms may be used under the canopy for customer service only. Staff recommends approval 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 South Gilbert Street and Highland Avenue subject to the following condition: 1. No amplified sound outside of the building aside from customer service intercoms at the gas pumps. Chrischilles asked if there was any concern or any recommendation about lighting or would it just be done by existing code. Russett confirmed it would be done in compliance with existing code, staff is not recommending a condition be applied for lighting. Cox asked if staff anticipates any change in zoning to the lots to the north that are currently intensive commercial. Russett stated they don't currently have any applications for rezoning but it is within the Rivertront Crossings District. Cox asked what are some possible changes that could happen there. Russett stated it is hard to know what may happen there but it is in the Rivertront Crossings District and there could be a future application. Cox asked if the future application could be residential. Russett noted that the Rivertront Crossings District would allow for mixed use. Pretorius invited the applicant to speak to the Board. Siobhan Harman (Real Estate Development Manager, Kum & Go, LLC) the staff report was very complete and hit the high points such as condensing accesses. Harman does question why no amplified sound outside. Russett stated that at the Planning and Zoning Commission meeting the Commission expressed concerns about both lightening and noise and staff felt through this special exception that condition was appropriate and justified due to those concerns and due to potential impacts on future residential uses in the neighborhood. Harman stated they have music at other stores that plays outside as well as other businesses in Iowa City that play music outside. When they play the music outside at the pumps it is not at a volume that is a noise hazard to anyone else. They have other stores in Iowa City that are in residential neighborhoods, they had one incident of complaints about sound, which was due to a malfunction, so they repaired it and brought the sound back down to the appropriate level. Other than that they have not had other complaints about the music at the pumps. It is no different than having music playing in someone's yard, it must be kept at a reasonable level or Board of Adjustment January 8,2020 Page 4 of 6 else it is a noise hazard. Harman said Kum & Go will comply with the condition but wanted to go on record it doesn't appear to be a condition they need as this business will be in a very commercial area. Cox noted a good neighbor meeting was held on October 23 and asked if anyone at that meeting expressed concerns about the sound issue? Harman replied no. Chrischilles asked if a quick vehicle service is just gasoline basically. Harman stated quick vehicle service encompasses other auto related uses, but for Kum & Go it would strictly be for the sale of gas. Chrischilles asked about other automobile related items, oil and stuff like that. Harman said they don't change oil so cars wouldn't be serviced but they do sell those items inside as part of the retail, things such as oil and windshield wiper fluid. Harman also stated that in regard to the noise, at the last meeting there was one person opposed to music, but nobody else on that board was opposed to the music. Russett stated staff did look back at the special exception that was approved for the Kum & Go on Riverside and Benton and a similar condition was imposed for that special exception as well. Harman noted she believes they do have outside music at that location and they haven't had any complaints. She will have to go back and revisit that. Pretorius stated since there's no residential currently nearby could this be something that's reviewed on a yearly basis. She is also curious about the decibels of the music, for instance, can it even be heard past the sidewalk on the property itself. Can the Board stipulate decibel levels. Harman stated they wouldn't have a problem with that, if people thought it was a problem they would correct it. Kum & Go has proven they respond to public opinion, someone noted they didn't like the hallway at Riverside and Benton and they had that fixed and cleaned out within hours. They want to be a good neighbor as those are their customers. They just put music in their stores a couple years ago, they have 400 stores and didn't retrofit all of them, just ones that were within a certain prototype and newer. They also changed their slogan to "making days better" and there are studies that show music does make people happy, it stimulates their brains. Cox asked how these exceptions are enforced. Dulek stated it's enforced through a municipal infraction because this becomes the zoning code. Assuming that condition says you can't do x and the applicant is doing x and staff would say, please stop doing x and if they don't, then you move to a citation. Eventually, you get a court order to do it if the applicant continues to balk just like any other zoning matter. Harman stated Kum & Go has shown that they've worked hard with the City on every project they've done, they've dedicated right -of -away back to the City, such as on this project as well. They are a great neighbor in the community, any food in their stores that doesn't sell within a certain timeframe is repurposed out into the community to the food banks, the schools, and other nonprofits where needed. They are a very sustainable company, they are committed to not putting as much into the landfill, recycling, all of those things that are very consistent with the values of Iowa City. Board of Adjustment January 8,2020 Page 5 of 6 Cox stated his biggest concern with not having this exception is just that this is a permanent exception that sits on that property forever and there are concerns coming from other boards. Music can still be played inside, but not having it outside is not going to make it or break it, especially not knowing what this neighborhood will look like in the future. Hazell asked again what the rationale was from the Planning and Zoning for recommending this exception. Russett noted the concerns with the neighborhood changing, there could be future residential neighborhoods in the area and things like noise could impact those neighbors. Now's the time to impose a condition to ensure that it doesn't become an issue in the future. Cox stated with that in mind, a more significant concern for him would be that potentially the northern boundary of this lot could become residential and that changes the standard entirely for screening. Russett stated the screening standard is for residentially zoned properties and Riverfront Crossings is not considered a residential zone. Hazell asked what are the types of businesses that allow amplified music outside? Russett said it is seen a lot at gas station. Harman stated it is seen usually at businesses where the customer is outside, so it could be a quick casual restaurant where there's a patio outside, like a BBops or Sonic, they have music outside. Or it could be a really nice restaurant with a patio that's playing music for their customers during dinner hour. Hazell believes Iowa City does not have those types of places. Dulek said it is not illegal unless it rises to a certain level where it starts disturbing the neighborhood but for example in the sidewalk cafes they do not allow it, but in downtown for example, there is the Sports Column that opens up its windows so the music comes from the inside and they can do that Chrischilles noted Film Scene has an exception. Dulek confirmed that was correct and noted there are a few exceptions for certain uses downtown Chrischilles asked Harman if they have obtained all the property involved in this rebuilding and the plans presented here would be fulfilled. Harman replied it is all under contract and if approved tonight, the tenants will be put on notice and they would rebuild this summer and be open by the end of the year. Hazell noted that Big Grove, which is in the same area, has a giant outdoor area with music and residential units nearby. That's the same zone and it's allowed but they're putting an exception on this application. Pretorius stated she never even noticed when she's at the gas station if there's music playing. If it is, it's clearly not loud enough that it distracts her. She agrees it seems odd to restrict something based on a hypothetical future potential. Board of Adjustment January 8,2020 Page 6 of 6 Hazell notes this application is a dramatic improvement on this lot and continues to move this section of town and the development forward. This application deals with traffic flows particularly well. Scott McDonough (10 Bellavista Place) is one of the property owners that will be bought out and he just wanted to point out the Riverside Dairy Queen does have outside music playing, 50s music, it's pretty loud, but cheery, fun, good environment. Pretorius closed the public hearing. Chrischilles moved to approve 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 South Gilbert Street and Highland Avenue subject to the following condition: 1. No amplified sound outside of the building aside from customer service intercoms at the gas pumps. Hazell seconded the motion. Hazell questions whether the Board wants to impose the condition regarding amplified sound. Pretorius asked if they could approve it on a temporary basis and as soon as residential on any neighboring lot does eventually happen it could be revisited. Dulek stated there no way to do that, there would need to be a condition on residential, and you'd have to define what you mean by residential. So that that that's the challenge. Cox doesn't believe this condition matchs what is already happening in this area with new developments. This is a significant project and this condition seems kind of petty, particularly if they're willing to make adjustments to how it's being used in response to public input, and why wouldn't they, they're, they're there to do business. Cox doesn't think that condition is necessary. Big Grove is literally in the same zoning area and it doesn't have this condition. Cox stated regarding agenda item EXC19-12 he concurs with the findings set forth in the staff report of this meeting date, January 8 2020, and concludes that the general and specific criteria are satisfied unless amended or opposed by another board member. He recommends that the Board adopt the findings in the staff report for the approval of this proposal, removing the condition that no amplified sound is allowed outside of the building. 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. ADJOURNMENT: Chrischilles moved to adjourn this meeting, Cox seconded, a vote was taken and all approved. BOARD OF ADJUSTMENT ATTENDANCE RECORD 2020 NAME TERM EXP. 118 CHRISCHILLES, GENE 12/31/2022 X COX, ERNIE 12/31/2020 X HAZELL, ZEPHAN 12/31/2021 X PARKER, BRYCE 12/31/20214 0/E PRETORIUS, AMY 12/31/2023 X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member STAFF REPORT To: Board of Adjustment Prepared by: Jade Pederson, Planning Intern Item: EXC20-01 Date: February 12, 2020 Parcel Number: 0736428001 GENERAL INFORMATION: Applicant: Allan Berger NREP, L.L.C. 3030 Northgate Drive, Suite B Iowa City, IA 52245 (319-321-5029) allanbergerhome@gmail.com Contact Person: Thomas McInerney 1208 Marcy Street Iowa City, IA 52240 (319)-331-0365 macarchitect@me.com Property Owner(s): NREP, L.L.C. Requested Action: Special exception to allow expansion of an Animal Related Commercial Facility in the CO-1 zone. Purpose: To allow the construction of four accessory structures with solar panels on the roof. Location: 3030 Northgate Drive Location Map: Size: 87,051 square feet 1 Existing Land Use and Zoning: Surrounding Land Use and Zoning: Applicable Code Sections: File Date: BACKGROUND: Commercial, CO-1 — Commercial Office North: CO-1 — Commercial Office (Agricultural) ID -RP — Interim Development Research Park (Agricultural) South: CO-1 — Commercial Office (Commercial) ID -RP — Interim Development Research Park (Agricultural) East: ID -RP — Interim Development Research Park (Agricultural) West: CO-1 — Commercial Office (Commercial and Agricultural) 14-4B-3: General Approval Criteria 14-413-413-2: General Animal Related Commercial Uses in CN-1, CO-1, CC-2, and CB-5 Zones January 10, 2020 The commercial property located at 3030 Northgate Drive has general and intensive animal related commercial as well as general and medical office uses and contains a veterinary practice, a kennel, offices for professional counseling services, and an orthopedic medical office. All general animal related uses in the Commercial Office (CO-1) zone are permitted only by special exception. The applicant, Allan Berger, previously filed an application for a special exception to allow a small animal clinic in this zone, which the Board of Adjustment granted in 2005, EXCO5-00002 recorded March 23, 2005, in Book 3855, Page 519 in the office of the Johnson County Recorder, The applicant has now requested to expand the general animal related commercial use, which requires a special exception. This would allow the construction of four accessory structures. these structures are intended for storage for the occupants of the primary building. The applicant has stated that the use of these accessory buildings is not to house animals. As for the envisioned storage use, landscaping equipment, building materials, records, and furnishing and additional equipment were listed as possible items to be stored. In total, seventy-two cell solar panels would be installed on the roofs of these structures to increase the capacity of solar power generation on the property. Power generated from these panels would be used for the Counseling Center of Iowa City, a professional counseling service currently located in the primary building, and building lighting and temperature control systems. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare; to conserve and protect the value of property throughout the city; and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the specific criteria included for Section 14-413-413-21 pertaining to General Animal Related Commercial in CN- 1, CO-1, CC-2, CB-2, And CB-5 Zones, 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: 14-4B-4B-2: General Animal Related Commercial in CN-1, CO-1, CC- 2, CB-2, And CB-5 Zones: All aspects of the operation of the facility, including any accessory uses must be conducted completely indoors within a soundproof building. FINDINGS: • Operation of the animal related commercial uses will remain in the portion of the primary building containing the veterinary clinic, as determined in EXC05-00002, which is soundproofed. • The application indicates that the accessory structures will not be used for the storage of animals. Staff recommends that soundproofing the structures not be required subject to the condition that the accessory structures will not be used to house or care for animals. 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: • Existing on -site commercial uses will remain the same. • The expansion of use will not increase traffic to the site. • An existing maintenance shed, which has been broken into, will be removed with the construction of the proposed buildings. The new structures will be more secure. 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: • The properties to the north, east, and west of the subject property are undeveloped. • Animal related use will remain in the existing building and not be expanded into the proposed accessory structures. • The proposed accessory structures are setback at a minimum of 15 feet 7 inches from the adjacent properties. 3 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 development or improvement of the surrounding properties will not be impacted by the proposed structures. • The structures will be located behind the existing building and away from the street and previous development. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: The subject property already has access to all necessary utilities and facilities. Additional electrical service will connect to the primary building to utilize the power generated by the solar panels. An internal storm water drainage system connected to the existing primary building's system shall be provided as required by the Subdivider's Agreement for the Highlander Development Third Addition. The storm water management plans will be reviewed to ensure compliance with the Subdivider's Agreement and applicable City codes as part of the site plan review process. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • The current site has two separated parking areas each with access from Northgate Drive. • The proposed area for the accessory structures connects to only the upper east parking lot, which is behind the primary building. • No changes are being proposed to the existing parking or access. 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 accessory buildings have a floor area that is 6.3% of the total floor area of the existing building on the property which falls well below the 40% cap. Setback requirements are met by the proposed detached accessory structures. Building separation between the principal building and detached accessory structures as well as between the detached accessory structures is met as portrayed on the site plan. The proposed structures comply with the maximum height standards of the CO-1 zone. 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 designated this area for Office Commercial. The current designation of this property is consistent with the Comprehensive Plan and will not change because of the proposed exception. The Comprehensive Plan encourages the responsible use of natural and energy resources. STAFF RECOMMENDATION: Staff recommends approval of EXC20-01, a proposal submitted by Allen Berger, NREP, L.LC. to expand an animal related commercial use in the Commercial Office (CO-1) zone at the property located at 3030 Northgate Drive subject to the following condition: 1. The accessory structures shall not contain animal related commercial uses; and therefore, the accessory structures do not need to meet the soundproofing requirement. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Application Materials Approved by: IJ + r..A I � Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services G�L EO-- OCNON APPLICATION TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION - DATE. 10 OZ 8 PROPERTY PARCEL NO. 07�;047_ SOOT PROPERTY ADDRESS: 303 O k)0ATH 6 A T£ D %� PROPERTY ZONE: c APPLICANT: CONTACT PERSON: (if otherthan applicant) PROPERTY OWNER: (if other than applicant) PROPERTY LOT SIZE: g�,S _/ SF Name: MIG,� Address:10 Phone: Email: Name: T I HOM A S MC TNEKA)I; r Address: U-0e MAKC1r ST - Phone: 31 331 — 0365 Email: Name: _ 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 35"240 or e-mall jessica•1fle4PIowa-city,orq, Purpose for special exception: E �1IPAN PEO u s f- W ITVi 10 k 0Ma1E2C iAG- OFFIC. - I you E Date of previous application or appeal filed, If any: -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. SEiE AIIAC In4cN T 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 neighbo"od. o Q 2 o j i�'fi R77'.Qcff/!7E^/ '<t„rrTi T N cn 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FA 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. SF£ P-rr&fM6n1T 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 14-013 as well as requirements listed in the base zone or applicable overlay zone and applicable site development standards (14-5A through K) j 5�-E '41T/+CPfm6'P-r r rCP C9- �= 7. � The proposed use will be consistent with the Comprehensive Plan of the %City. S69F R�ffmF vT -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 5EjE R7-n4C H-6 ADDRESS ru r.� r o c7 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 14.6C-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 14-6C-1 E, City Code). Petition for wrlt of certiorari. Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter, or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision Is illegal, in whole or in part, and specifying the grounds of the Illegality. (Section 14-6C-1 F, City Code). Such petition shall be presented to the court within thirty (30) days after the filing of the decision In the office of the City Clerk. Date: JAfI llarh I 0 20: O Date: .20 ppdOdrrdrMWHcabcn-bo9m,dm Signature(s) of Applicent(s) Signature(s) of Property Owners) if Different than Applicant(s) - C� t c-) 3 Cfi Proposal for a Special Exception at 3030 Northgate Drive A Special Exception is required for an expanded use within a Commercial Office (CO-1) zone. The proposed detached buildings at 3030 Northgate Drive are considered an expanded use. The existing three level 20,088 square foot office building contains a veterinary practice, kennel, an orthopedic medical office and two offices for professional counseling services. The proposed buildings will expand the capacity of power generation with solar panels and provide enclosed unconditioned accessory storage below for the occupants of the existing primary building's use. Portions of the buildings will be open underneath the roofs (like a canopy) offering pedestrians shelter from the elements ortherapeutic solitude. c While we speculate that much of the discussion during review of this applM6dn ` focus on the storage uses for these proposed buildings, the projed's hist0 --�staiFwas for solar power generation. Both to avoid a perceived distasteful "incl!Avipl" M appearance to a more standard ground -mounted solar array rack system, 2AF40 -0 1� provide a protected outdoor meeting place for counseling service patient€A nt=- ti the project expanded to a canopy system allowing visitors to use the spacgShadeny the solar panels for informal assemblies (e.g. picnic tables for use by people alreacl� on site forthe principal uses of the building). Walls to provide limited privacy for counseling patient users of the assembly space suggested the limited storage space under portions of the canopy as a part of the construction documents/ building permit application filed with the City in December 2019. Page 1 A conceptual rendering of the project is on the first page of this application. We hope it is helpful insofar as it may better display the aesthetics driving this project as the alternative to a more common ground -mount solar array system. Applications already filed with MidAmerican Energy for the projected solar power production have the power feeding two electrical panels used by the Counseling Center of Iowa City. This will consume approximately two-thirds of the electricity projected to be produced by this project, and will offset nearly 100% of tF9e3 use by the Counseling Center of Iowa City. The remaining one-third of piA power production would be wired to offset a portion of the building "ho&P panel. This will offset common uses such as parking lot and entrance lig ■ F,c �? h ctf m ez �r— lectoical r'n Q Page 2 building soffit lights, and some shared HVAC systems (including existing energy recovery ventilator units (ERVs) which promote energy efficiency). Animal use lighting, wall duplexes, laundry, diagnostic/ therapy equipment, and other typical animal/ veterinary trade uses for electricity (except for HVAC and parking/ entranceway lighting) are served by other electric panels which would not be changed in any way by this project. A portion of the storage use will be for landscaping equipment. It will replace the existing metal storage shed, which has been broken into multiple times with theft of motorized equipment. The remaining storage will be to supportthe landlord and tenants of the building, with a significant amount planned for building materials to support on -site projects, records storage, and infrequently utilized furnishing and equipment. While in this application we hesitate to provide many limitsto items that can be stored, we suggest that approval of the Special Exception be contingent upon the limitation that no animals be kept in the storage areas at any time. Page 3 1. THESPECiFiCPP.OPOSEDExCEIII'IONWiLL.:OTBEDETrtiMeNTALTOC!RENDANGERTl3E PU3LIC HEALTH, SAFETY, COMFORT', OR GENERAL WELFARE. The proposed buildings will not be impacted by other businesses in the area. The is only one adjacent property with an existing business: the Iowa City Cancer Treatment Center (a business that does not produce significant negative externalities such as excessive noise, dust, or outdoor work). The remaining adjacent properties and the land directly across Northgate Drive remain undeveloped. Currently, the subject property is at the end of Northgate Drive and traffic is only forthe existing businesses atthe subject property. The proposed building materials such as the brick, stucco panels and paint colors shall match the existing primary building. 2. THE SPECIFIC PROPOSED EXCEPTION WILL NOT BE INJUMOUSTO THE USE AND EUJOYMENT OF OTHER PROPERT: IN THE afif .LDIdiTE VICiNIY AND WILL NOT SUBSTAN', LALLY DIMINISH AND IMPAIR PROPERTY VALUES IN THE NEIGHBORHOOD. Currently, the subject portion of the property is a grassy open area ithout'' underground utilities. The existing small maintenance shed will be r va w once construction begins with the proposed buildings. The roofs of the proposed structures will have 72-cell solar panels r46 ted-u and completely covering the standing seam metal roof. The use anc-4i-:;' lon of solar panels adds value to the property which typically increasesye property values in the adjacent area. Animal use will remain within the existing building and will not be expanded with this project. 3. ESTABLISHMENT OF THE SKCIFiC'PROPOSED EXCEPTION WILL NO11PAPEDE THE NORMAL AND ORDERLY DEVELOPMENT AND IMPROVEMENT OF THE SURROUNDING PROPERTY FOR USES PERMITTED IN T'HE DISTRI.:T IN WHICH SUCH PROPERTY IS LOCATED. The proposed buildings will not impede development or improvement of surrounding properties, 4. ADEQUATE UTILITIES, ACCESS ROADS, DRAINAGE AND/OR NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED. The subject property already has access to all necessary utilities and facilities. Additional electrical service will connectto the primary building. An internal storm water drainage system connected to the existing primary building's system shall be provided. Page 4 5. ADEQUATE MEASURES iiAVC SEEN OR WiLLSETAvEN,1T0 PROVIDE INGRESS OR EGRESS D£SIGNEG TO'MINIMIZF_ TRAFFIC CONG'v-STTON ON PUBLIC STREETS. The existing parking is divided into two areas that each have an entrance from Northgate Drive. The proposed project site is atthe rear of the property and only connects to the upper east parking lot behind the primary building. No changes are being proposed to the existing parking. 6. EXCEPT FOR THE SPECIFIC REGULATIONS AND STANDARDS APPLICABLE TO THE SPECIAL EXCEPTION BEING CONSIDEREQ,THC SPECIFIC PROPOSED EXCEPTION IN ALL OTHER RESPECTS CONFORIMS TO THE APPLICABLE REGULATIONS OR STANDARDS OF THE, ZON`c IN WHICH IT IS TO BE LOCATED. The proposed exception does not change the site layout aside from what is proposed. The proposed building locations meets all setbacks and height requirements of the Commercial Office (CO-1) zone. 7. THE PROPOSED USE WILL BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY. The proposed buildings' solar panels are consistent with the Comprehensives Plan "...by encouraging the responsible use of our natural and ener�pL = C�) s' > resources." g> C") yy� Community Vision Statement, page 7 Page 5 CITY OF IOWA CITY REVENUE DIVISION 410 E W49HINGION ST IOWA CITY, IA 52240 (319) 356-5066 011000-0040 Trina S. 01/10/2020 12:22PM MISCELLANEOUS Description: OTHER (OTHER) Reference 1: EXC 20- Reference 2: 00001 OTHER (OTHER) 2020 Item: OTHER 1 W 460.00 OTHER (OTHER) 460.00 95900000-1O11o0- 460.000 10610620-341200- 460.000 Payment Id: 305027 460.00 Subtotal 460.00 Total 460.00 CHECK 460.00 Check Number 5759 Cfranue due 0.00 Paid by: NREP LLC GENERAL ACCT THANK YOU FOR YOUR PAYMENT CUSTOMER COPY I 5 r r^Ai~•® CITY OF IOWA CITY '�� MEMORANDUM DATE: 2/5/2020 TO: BOARD OF ADJUSTMNET FROM: SUSAN DULEK, ASSISTANT CITY ATTORNE� RE: PUBLIC HEARING PROCESS FOR SPECIAL EXCEPTION INTRODUCTION This memo provides guidance to the Chair and members on the public hearing process for applications for special exceptions. STANDARDS AND FINDINGS OF FACT Many applications for a special exception are fairly routine and limited in terms of the evidence and witnesses, but some are complicated and/or contentious. The applicant has the burden to prove each and every standard. If you find yourself wanting or needing more information or evidence on a particular issue during your deliberation, then you must ask yourself —Has the applicant proven the standard? The burden, meaning the responsibility, to put forth evidence sufficient to prove each and every standard by a preponderance of evidence (more likely than not), is on the applicant. Although you receive a packet in advance of the hearing, there is at times a tremendous amount of information that is provided at the hearing. Undoubtedly, you may wish for additional time to read it, study it, and consider it. The Board is under no legal requirement to vote on an application at the time of the hearing. The Board can vote by motion to close the public hearing but defer the Board discussion until another meeting. Also the Board can vote by motion to continue the public hearing to another meeting at which time more evidence can be taken. Although the applicant may be in a "time crunch," that legally is of no concern to the Board. If the Board needs more time, a motion should be passed to allow more time to consider the application. If you conclude that the applicant has not proven a particular standard, you should state why you conclude that the standard has not been met. If three members agree that a standard has not been met, then the special exception will not be approved. If you conclude that the applicant has proven a particular standard but for reasons either different from or in addition to those in the staff report, you should state what fact or facts support your conclusion. If you agree with a colleague's factual finding, you should state that you do. At least three members need to agree on the facts that support each of the findings. When a decision approving a special exception is appealed to the district court, the Judge will review the transcript of the hearing and will look for the facts given by Board members to support their decision. The Judge reviews the hearing transcript and any written documents submitted at the hearing to determine if there was substantial evidence to support the decision, not whether the Judge would have made that same decision. When a decision denying a special exception is appealed to the district court, the Judge will similarly look for the reasons given by the Board members for why they concluded that a standard was not met. Again, the Judge does not substitute his or her decision for the Board's but rather determines if there was substantial evidence to support the Board's decision. (I should add that there are other bases to appeal but generally the issue is whether there is substantial evidence.) Up until the public hearing is closed, the process outlined below for "routine" applications is the same as for "non -routine" applications. What is different is the "findings of fact" portion of the meeting. "ROUTINE" APPLICATION FOR SPECIAL EXCEPTION CHAIR: This is an application submitted by XYZ for a special exception to allow..... CHAIR: Will someone make a motion to approve the special exception? (The Chair may not make or second any motion. This motion gets the matter on the floor for discussion.) BOA: I move for the approval of EXC20->>...... CHAIR: Is there a second? BOA: Second. CHAIR: The public hearing is open. (The Board should not discuss the merits or offer their opinions until the close of the public hearing. The purpose of the public hearing is for the Board to gather all the information and then make a decision.) CHAIR: We will now hear from staff. STAFF: This is a request for a special exception to allow ... at 123 Main Street.... CHAIR: Does the Board have any questions for staff? CHAIR: We will now hear from the applicant. APPLICANT: My name is ...... (Speakers should come to the podium, sign in, introduce themselves with full name and address, and speak into the microphone.) CHAIR: Is there any member of the public who wishes to speak against the application? CHAIR: Does the applicant wish to respond to any comments from the public? CHAIR: Does staff have any additional comments? CHAIR: Are there any issues on which the Board wishes to have more clarity —any final questions for staff or the applicant before the public hearing is closed? CHAIR: The public hearing is closed. CHAIR: Any discussion from the Board? CHAIR: Will someone make the findings of fact? BOA: Regarding item EXC20->>, P concur with the findings set forth in the staff report dated ._ and conclude...... CHAIR: Any other comments from the Board before we vote? CHAIR: Roll call (City staff will call the rolo CHAIR: The Motion is declared approved. Any person desiring 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. "NON -ROUTINE" APPLICATION FOR SPECIAL EXCEPTION (As stated earlier, do not close the public hearing if Board members want more information. A Board member will need to move to keep the public hearing open and defer consideration of the application to the next meeting, another member will need to second the motion, and there needs to be 3 votes in favor of keeping the public hearing open and deferring the application to the next meeting.) CHAIR: The public hearing is closed. CHAIR: Discussion from the Board. BOA: (This is the time that the Board discusses the problematic standard(s). Again, its usually one standard that poses issues. In order for the application to be approved, at least 3 members will need to set forth the facts that support all the standards, including the problematic one. I advise Board members to state one or two facts that you found to demonstrate why the particular standard at issue was met. In contrast, if three members conclude a standard is not met, even for different reasons, those 3 members will vote no on the application. All 3 should state what standard was not met. For example, a member could state: "I concur with the findings set forth in the staff report dated_ except for the specific standard X.' I conclude that specific standard X was not met." if two other members agree that standard X was not met, the application will be denied. CHAIR: Any other comments from the Board before we vote? CHAIR: Roll call (City staff will call the role CHAIR: The Motion is declared denied (if one standard is not met) or approved (if all standards are met). Any person desiring 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. Copy to: Anne Russett, Senior Planner