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:
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D. General Approval Criteria: In addition to the specific approval criteria addressed in
"C", the Board must also find that the requested special exception meets the
following general approval criteria or that the following criteria do not apply. In
the space provided below, or on an attached sheet, provide specific information,
not just opinions, that demonstrate that the specific requested special exception
meets the general approval criteria listed below or that the approval criteria are
not relevant in your particular case.
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.
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3. Establishment of the specific proposed exception will not impede the normal
and orderly development and improvement of the surrounding property for
uses permitted in the district in which such property is located.
4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
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5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
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6. Except for the specific regulations and standards applicable to the special
exception being considered, the specific proposed exception in all other
respects conforms to the applicable regulations or standards of the zone in
which it is to be located. [Depending on the type of special exception
requested, certain specific conditions may need to be met. The applicant
will demonstrate compliance with the specific conditions required for a
particular use as provided in the City Code section 14-013 as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K) j
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7. � The proposed use will be consistent with the Comprehensive Plan of the
%City.
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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
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NOTE: Conditions In permitting a special exception, the Board may impose appropriate
conditions and safeguards, including but not limited to planting screens, fencing,
construction commencement and completion deadlines, lighting, operational controls,
Improved traffic circulation requirements, highway access restrictions, Increased minimum
yard requirements, parking requirements, limitations on the duration of a use or ownership
or any other requirement which the Board deems appropriate under the circumstances
upon a finding that the conditions are necessary to fulfill the purpose and Intent of the
Zoning Chapter. (Section 14.6C-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)
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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
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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>
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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