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HomeMy WebLinkAbout2019 Board of Adjustment Decisionsr r Prepared by Jesi Lile, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 FILED DECISION MAY 09 1019 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, April 10, 2019 City Clerk EMMA J. HARVAT HALL Iowa City, Iowa MEMBERS PRESENT: Connie Goeb, Ryan Hall, Ernie Cox, Zephan Hazell, Amy Pretorius MEMBERS ABSENT: None. STAFF PRESENT: Sue Dulek, Jesi Lile OTHERS PRESENT: Doug Fern, Dan Broffitt SPECIAL EXCEPTION ITEMS: 1. EXC19-01: A public hearing regarding a special exception application submitted by Faith Academy to allow for an expansion of a school operating under a previously granted special exception in a Community Commercial (CC -2) zone located at 1030 Cross Park Avenue. The Board concludes that the use will be functionally compatible with surrounding uses and will not inhibit retail and service uses for which the zone is primarily intended based on the following findings: • Parkview Church purchased 58,420 square feet of building space, most of which will remain retail and service uses. • The school entrance is located away from the commercial area of the building. • This use will serve to stabilize an area with a high turnover in retail. The Board concludes that the use provides sufficient drop off/pick up areas that are convenient to the facility entrance with good pedestrian access, and that the drop off/ pick up area contains sufficient stacking and parking spaces based on the following findings: • About half the students are picked up by van and do not interfere with the parent drop off area. • The parking and stacking area can hold 12-15 vehicles at one time. • There is a safety coordinator that manages drop offs/pickups. • The school entrance is in a low traffic area. The Board concludes that the site is designed to promote safe and convenient pedestrian, bicycle, and vehicular circulation to the school according to the City's "Pedestrian, Bicycle, and Vehicular Circulation" standards based on the following findings: • The school has installed sidewalks on both sides of the play area that provide a connection to Cross Park Avenue. • The bicycle parking has previously been approved by a Building Inspector. • The vehicular circulation patterns will not change. Fee • Applicant is able to satisfy all parking requirements. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 027358570002 Type: GEN Kind: DECISION Recorded: 05/10/2019 at 10:01:40 AM Fee Amt: s17.00 Pape 1 of !� Johnson county Iowa Kim Painter county Recorder BK5901 PG236-237-A The Board concludes that the specific proposed exception will not be detrimental to the public health, safety, comfort, or general welfare based on the lack of reported health issues in the past and the steps the school has made to support safe pedestrian and vehicle circulation. The Board concludes that the specific exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not diminish property values in the neighborhood based on the following findings: Faith Academy primarily serves students and families in the surrounding neighborhood. The school has limited enrollment capacity and hours of operation that do not conflict with peak commercial times. Typically places of worship and schools are seen as amenities in a neighborhood and do not negatively impact property values. The Board concludes that the establishment of the proposed exception will not impede the normally and orderly development and improvement of surrounding property based on the following findings: • Faith Academy has been established in this area since 2013 without impeding development. • There is viable commercial space in the front part of the building. • The school entrance is on the south side of the building, separate from the commercial area. The Board concludes that all utilities, access roads, and necessary facilities are already provided as part of the commercial site development and have not been impacted by Faith Academy in the past. The Board concludes that adequate measures have been taken to provide ingress and egress designed to minimize traffic congestion based on the following findings: The academy is located in a low -traffic area facing a residential zone. The safe and established circulation patterns will not change with the proposed expansion. Since the number of students will remain the same, the established ingress and egress patterns do not need to be modified. Because there will be no new changes in use from the previously granted special exception and no expansion of the maximum enrollment previously approved, the Board concludes that except for the specific regulations and standards applicable to the exception being considered, the proposed exception conforms to other regulations and standards of the CC - 2 zone. The Board concludes that the exception will be consistent with the Comprehensive Plan because both the South District Plan and Comprehensive Plan call for neighborhood schools as integral to healthy & sustainable neighborhoods. DISPOSITON: by a vote of 5-0, the Board approved a special exception allowing the expansion of a General Education Facility for approximately 1,300 square feet in the Community Commercial (CC -2) zone, subject to the following conditions: • An enrollment of more than 105 students or an addition of more than 500 square feet of floor area will be considered an expansion of use that requires a new special exception. • Maintenance of the sidewalk connection along the east side of the playground to the school entrance, which was a condition of the 2014 special exception. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-'C- 1 E, City of Iowa City, Iowa. Connie Goeb, Chairperson STATE OF IOWA JOHNSON COUNTY City Attorney's Office FILED MAY 0 91019 City Clerk Iowa City, Iowa I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 10th day of April, 2019, as the same appears of record in my Office. Dated at Iowa City, this `7 day of n 20 g Kellie K. Fruehling, Ci Clerk (OPOM 91 I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Doc ID: 027375790004 Type: GEN Kind: DECISION Recorded: 05/30/2019 at 10:57:34 AM Fee Amt: $22.00 Page 1 of 4 Prepared by Jesi Lile, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 Johnson County Iowa Kim Painter County Recorder DECISION IBK5908 P0339-342 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, May 8, 2019 EMMA J. HARVAT HALL N MEMBERS PRESENT: Connie Goeb, Ryan Hall, Ernie Cox, Zephan Hazel[, Amy Prearius MEMBERS ABSENT: None.' C)-< 0 STAFF PRESENT: Sue Dulek, Jesi Lile --ic-) m =" OTHERS PRESENT: Tim Waldron o 0 co SPECIAL EXCEPTION ITEMS: o Cn 1. EXC19-04: A public hearing regarding a special exception application submitted by Faith Baptist Church to allow for an approximately 2,600 square foot addition onto the existing church located in a Medium Density Single Family Residential (RS -8) zone with a Planned Development Overlay (OPD) at 1251 Village Road. The Board concludes that all setbacks (Front: twenty feet, Side: twenty feet, Rear: fifty feet) are met by the existing and proposed building addition. The Board concludes that the use is compatible with adjacent uses based on the following findings: • The current use will not change with the proposed addition • The applicant is not expecting new membership with the proposed addition and is adding classroom space. • The maximum occupancy of the main auditorium will not change (292 people). • The proposed addition includes paving part of the gravel parking lot and landscaping improvements. • The building scale will be larger, but the additional required landscaping will reduce the impacts of the building scale. The Board concludes that the parking lot will not erode the single-family residential character of the zone based on the following findings: The proposed addition and parking improvements will add eight additional parking spots but not increase the parking area. The required parking for Religious Group Assembly Use is 1/6t" the occupant capacity of the main auditorium (292 people), making the minimum parking spots required 49. The applicant proposes 67 vehicle parking spots and 4 bicycle parking spots. The applicant proposes paving the south part of the parking lot and bringing it up to City standards in terms of landscaping & screening at 10% of the cost of the proposed addition. This will provide eight regular and 3 ADA compliant parking spaces. The Board concludes that the proposed exception will not have significant adverse effects on the livability of nearby residential uses due to noise, light, late night operations, odors, or litter due to the following findings: • Faith Baptist has limited hours of operation (Sunday services throughout the day and Wednesday evening services). • Most events take place indoors. • The proposed addition will not alter the amount of noise, lights, hours of operation, odor. and litter form the site. The Board concludes that the building official may not grant approval for this addition through the minor modification process because the proposed addition is more than 500 square feet. The Board concludes that the proposed addition must comply with the multi -family site development standards due to its location in a residential zone, and that these standards will be verified by staff during the site plan review process. The Board concludes that the proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare due to the following findings: • The church has operated at this location since the early 1970's with no reported health, safety, or welfare issues. • The proposed expansion will not change the function or status of the site. • The proposed addition will address the needs of elderly populations and others with mobility issues with the addition of an elevator. The Board concludes that the 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 due to the following findings: The expansion will not change the use or enjoyment of other property in the neighborhood, nor will it diminish property values because the use and function will remain the same. The only visible changes will be the roofline, south entrance, and part of the parking lot. The parking lot improvements will make this property more code compliant. The applicant is required to meet the S3 screening standards of the Code where abutting residential properties in the area with the proposed site changes. The Board concludes that the establishment of the proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the Medium Density Single Family Residential district due to the following findings: • All adjoining properties are fully developed. — • Any proposed improvements to adjoin properties will not be impactg44 th4 — expansion as it does not require any setback reductions. c-) CO ��- a m M y y 0 The Board concludes that adequate utilities, access roads, drainage and other necessary facilities are or will be provided based on the following findings: • The property is currently serviced with adequate utilities and roads, and the proposed addition will not alter that. • The proposed site improvements will address drainage issues on the south side of the property. • The proposed paving of the parking area will increase impervious surface area, but the applicant is proposing a conveyance to run stormwater to the east and discharge it into the street to be collected, rather than flow onto the properties to the south. • The exception is conditioned on compliance with the stormwater management infrastructure shown on the 1/9/19 site plan or another design approved by the Director of Public Works or a designee. The Board concludes that adequate measures have been taken to provide ingress and egress designed to minimize traffic congestion based on the following findings: • The church currently operates with two driveways accessing Village Road on either side of the parking lot with no proposed changes. • There is not an anticipated increase in traffic. The Board finds that except for the specific regulations and standards applicable to the exception being considered, the proposed exception conforms to other regulations and standards of the OPD RS -8 zone based on the following findings: The proposed exception conforms to all setbacks. The current parking lot has adequate space for present use, and the addition will add new spaces without increasing the allowed maximum capacity of the main auditorium. The proposed site improvements must comply with parking and landscaping requirements. The Board finds that the exception will be consistent with the Comprehensive Plan because it calls for neighborhood stability and allows for religious institutional uses in any zoning district through the special exception process. DISPOSITON: by a vote of 5-0, the Board approved a special exception allowing the expansion of a Religious Assembly Use in a Medium Density Single Family Residential (RS -8) zone with a Planned Development Overlay (OPD) to build an approximately 2,600 square foot addition on the existing building in order to add additional classrooms, restrooms, and an elevator with the following condition: The applicant shall install stormwater management infrastructure as shown on the major site plan dated January 9, 2019 or equivalent infrastructure subject to review and approval by the Director of Public Works or a designee. o E3 M i �n �r M a M oX � co CD ' o 01 .V TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-'C- 1 E, City of Iowa City, Iowa. Connie Goeb, Chairperson STATE OF IOWA JOHNSON COUNTY Approved by: City Attorney's Office I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 81 day of May, 2019, as the same appears of record in my Office. Dated at Iowa City, this day of 20��6( Kellt K. Fruehling,C y Clerk COPPO E SN o� a � M N r,— ::q C-) O rn �+`d 0 cn Prepared by Jesi Lile, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, July 10, 2019 EMMA J. HARVAT HALL MEMBERS PRESENT: Connie Goeb, Zephan Hazell, Amy Pretorius MEMBERS ABSENT: Ryan Hall, Ernie Cox STAFF PRESENT: Sue Dulek, Jesi Lile OTHERS PRESENT: Chris Pose, Marty Dostalik, Bill Horner, Laureen Joe Meyers SPECIAL EXCEPTION ITEMS: rep - Doc ID: 027443860006 Type: GEN Kind: DECISION Recorded: 07/29/2019 at 12:40:15 PM Fee Amt: $32.00 Pape 1 of 6 Johnson County Iowa Kim Painter County Recorder BK5936 Pa469-474 1. EXC19-05: A public hearing regarding a special exception application submitted by MidAmerican Energy to allow for a basic utility in a Commercial Office (CO -1) zone to build an electric substation located at the southwest corner of the Prairie du Chien overpass of Interstate 80. The Board concludes that the use will be screened from public view and from adjacent residential zones at least to S3 standards and that it will be compatible with surrounding structures and uses with regard to safety, size, height, scale, location and design based on the following findings: • The landscaping plan dated June 20, 2019 goes above the S3 screening required of all basic utilities not enclosed in a building, and should be a condition of the special exception. This screening will help to mitigate the height differences between the substation and the surrounding properties. At the time of planting, 31 trees will be six feet tall with additional shorter plantings. At the time of maturity all plantings will be eight feet or taller, with 23 trees over 40 feet. • The proposed site for the substation is currently surrounded by mainly vacant land. There is one house currently occupied located at 1823 Prairie du Chien Rd and plans for townhomes to the southwest of the proposed substation as well as a senior living currently being constructed. • The proposed substation will have a 158' by 210' footprint. • The proposed substation will have two 50' high dead-end structures that will receive transmission lines as well as 50' high shield masts. Other structures will be smaller. • The senior living building currently under construction will have 53 units and be three stories tall (approx. 35 feet). • The residence at 1823 Prairie du Chien is a one-story home with just over 1,100 square feet of living area. • The proposed substation will be at approximately the same elevation as the surrounding properties. • The proposed substation is larger in both footprint and height than surrounding residential development, but the applicant is attempting to mitigate these impacts through landscaping, and has been in contact with the N O_ C Ipson, Bard &tch+n rn o� 3" s D O N 1. EXC19-05: A public hearing regarding a special exception application submitted by MidAmerican Energy to allow for a basic utility in a Commercial Office (CO -1) zone to build an electric substation located at the southwest corner of the Prairie du Chien overpass of Interstate 80. The Board concludes that the use will be screened from public view and from adjacent residential zones at least to S3 standards and that it will be compatible with surrounding structures and uses with regard to safety, size, height, scale, location and design based on the following findings: • The landscaping plan dated June 20, 2019 goes above the S3 screening required of all basic utilities not enclosed in a building, and should be a condition of the special exception. This screening will help to mitigate the height differences between the substation and the surrounding properties. At the time of planting, 31 trees will be six feet tall with additional shorter plantings. At the time of maturity all plantings will be eight feet or taller, with 23 trees over 40 feet. • The proposed site for the substation is currently surrounded by mainly vacant land. There is one house currently occupied located at 1823 Prairie du Chien Rd and plans for townhomes to the southwest of the proposed substation as well as a senior living currently being constructed. • The proposed substation will have a 158' by 210' footprint. • The proposed substation will have two 50' high dead-end structures that will receive transmission lines as well as 50' high shield masts. Other structures will be smaller. • The senior living building currently under construction will have 53 units and be three stories tall (approx. 35 feet). • The residence at 1823 Prairie du Chien is a one-story home with just over 1,100 square feet of living area. • The proposed substation will be at approximately the same elevation as the surrounding properties. • The proposed substation is larger in both footprint and height than surrounding residential development, but the applicant is attempting to mitigate these impacts through landscaping, and has been in contact with the property owners of 1823 Prairie du Chien Road about purchasing the property. The proposed substation fence will be approximately 32 feet from the south property line and approximately 55 feet from the east property line The applicant proposes to surround the substation with a seven -foot high chain-link fence with three strands of barbed wire on top, making the fence eight -feet tall in total. The Board concludes that the substation will not be detrimental to or endanger the public, health, safety, comfort and general welfare based on the following findings: • The substation will provide a necessary and reliable base of power for the surrounding area currently developing. • There have been no reported health and safety issues with the other substations surrounded by residential development in Iowa City. The Board concludes that the substation transformer 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 based on the following findings: • The applicant provided sound estimates at distances from the transformer to the property line: o North Property Line (approx. 30 meters) — 43 dB o East Property Line (approx. 35 meters) — 42 dB o South Property Line (approx. 48 meters) — 39 dB o West Property Line (approx. 90 meters) — 34 dB o For comparison, 40dB is approximately the level of noise of a library, bird calls, and ambient urban noise. • Staff measured sound coming from the interstate from the west side sidewalk along Prairie du Chien nearest the proposed substation location and found that the noise levels at 1:45 pm were approximately 65 dB. • The substation will not be heard over the noise of the interstate because though sound is cumulative, the addition of any noise that has a difference of more than 10 dB results in the higher noise level being the total noise level. • Foster Road Development owns the majority of the land in the immediate area. • The land to the southwest and further west along the Foster Rd extension was recently rezoned to allow for residential development, including both townhomes and a larger -scale senior living facility. These projects are not being built by the current property owner. The senior facility is currently under construction, and the property owner is in negotiations with another developer for townhome construction to the south of the proposed substation. The substation fence would be approximately 32 feet from the property line. The Board concludes the proposed use will not impede the normal and orderly de*opment and improvement of the surrounding property for uses permitted in the dist8t in wt�'-h such property is located based on the following findings: c D -i r- • Past substation projects have shown that development continues it e su*undM vicinity <m p, s 0 N) • The substation at 1630 Lower Muscatine Rd was built in 1962 and the abutting residential was built in 1962, 1963, 1964 & 1965. The closest residence is approximately 60 feet from the substation fence. • The substation at 1120 Mormon Trek Blvd was built in 1980 and the abutting residential was built in 1987, 1988, 1990 & 1996. The closest residence is just over 20 feet away from the substation fence. • The closest residence to the proposed substation is approximately 100 feet away from the planned substation fence and approximately 120 feet away from the proposed transformer. • There is a senior living project currently under construction on Foster Road to the southwest of the proposed substation. The Board concludes that adequate utilities and access roads will be provided because the substation will be accessed from Foster Road and will be installing electricity to service the surrounding area. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: The future intersection of Foster Road and Prairie du Chien will be controlled by a stop sign on Foster Road. Post -construction the proposed substation will produce minimal traffic as there be approximately one truck per month at the substation for routine maintenance and no permanent employees on site. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: The Commercial Office (CO -1) zone is intended for offices, businesses, apartments, and certain public & semi-public uses. The proposed substation exceeds the minimum setback requirements. That aside from the special exception being considered, the lot meets all other requirements of the Commercial Office (CO -1) zone. The Board concludes that the proposed exception will be consistent with the Comprehensive Plan based on the following finding: • The Comprehensive Plan supports Iowa City coordinating with private utilities in order to serve areas under development. DISPOSITON: by a vote of 3-0, the Board approved a special exception allowing a barjc utility in a Commercial Office (CO -1) zone to build an electric substation with the following d'Adition: • The landscaping and screening around the substation must adhere to tt$nccapingr jj 'I plan submitted, dated June 20, 2019 prior to the issuance of a Certifica-6 C�upame�: �� �r m M a o� = ,�. v O N 2. EXC19-06: A public hearing regarding a special exception to construct a basic utility consisting of a telecommunications hub in a Community Commercial (CC -2) zone located at 2211 F St. The Board concludes that the use will be screened from public view and from adjacent residential zones at least to S3 standards and that it will be compatible with surrounding structures and uses with regard to safety, size, height, scale, location and design based on the following findings: • The Board concludes that the proposed hub meets the S3 screening requirements as the applicant plans to surround the building with a 6 -foot opaque fence. • The proposed building is 10 feet tall and not out of scale with the surrounding structures. • The southern portion of the site abuts a 20 -foot retaining wall, providing screening. • The applicant has submitted renderings that show the proposed structure with a brick fagade. • The proposed structure would be located at the rear of the lot and not highly visible from the public right-of-way. • The proposed structure is not adjacent to any residential zones. • The project is located in the Towncrest Overlay District and must go to staff design review to evaluate material quality, screening, and neighborhood compatibility. The Board concludes that the proposed hub will not be detrimental to public health, safety or general welfare based on the following findings: • The hub will be enclosed in a structure with a locked door to prevent unauthorized access. • The communications systems is low voltage (48 volts). • The hub will improv the comfort and general welfare of Iowa City residents by offering another cable and internet provider option. The Board concludes that the proposed hub will not be injurious to the use, enjoyment or property values of other property in the immediate vicinity due to the following findings: • The hub will be small and located in the rear southeast corner of the property and does not abut residential properties. • The hub will go through design review to ensure neighborhood compatibility. • The hub will allow for another internet and cable service provider in Iowa City and will increase bandwidth capabilities. • The hub will require a small generator to power it if surrounding power goes out. Any noise it gives off would be mitigated by the proposed fence and existing retaining wall. Additionally, this site does not abut residential properties. The Board concludes that the proposed hub will not impede normal and orderly , development of the surrounding property because the surrounding prope is fuR �S� developed and the structure will conform to all setback requirements. t D --i r— The Board concludes that the proposed hub will have access to all utilizegrfd oWr �-- necessary facilities. o;:a a o N The Board concludes that the site contains adequate ingress and egress and the hub will not increase traffic congestion due to the following findings: • The hub will not increase traffic congestion in the area post -construction because it will only need occasional maintenance and not house any permanent employees. • The lot has adequate circulation and parking. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: The property is in compliance with the zoning code in all aspects aside from the parking lot landscaping, which the applicant has addressed. There are no parking or other vehicle requirements for this use. This project complies with the Community Commercial (CC -2) standards in all other aspects. The Board concludes that the proposed hub is consistent with the Comprehensive Plan because the Central District Plan encourages the development of businesses that provide goods, services, and amenities to the neighborhood. DISPOSITION: By a vote of 3-0, the Board approved a special exception allowing a basic utility in a Community Commercial (CC -2) zone to build a telecommunications hub. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-'C- 1 E, City of Iowa City, Iowa. N D lD c,) �m FV n; 4" 6, Approved b Connie Goeb, Chairperson City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 8th day of May, 2019, as the same appears of record in my Office. Dated at Iowa City, this 2(0+4-%" day of ,i 20j �I Kellie K. Fruehling, Ty Clerk U POM N N O ♦D ' C rn �@ _ o N Prepared by Jesi Lile, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 OTHERS PRESENT: John Engelbrezht, Thomas McInerney, Gerry Ambrose, Scott Ward SPECIAL EXCEPTION ITEMS: 1. EXC19-08: A public hearing regarding a special exception application submitted by Public Space One to allow for an 86% reduction in parking spaces in the Central Business Service (CB -2) zone with a Historic District Overlay (OHD) located at 229 N. Gilbert St. The Board concludes that the applicant has demonstrated the unique circumstances that the number of required parking spaces will reduce the ability to utilize the property based on the following findings: • The proposed use is unique in that it will not operate as a typical community service center. Examples of typical community service centers include: libraries, museums, soup kitchens, etc. These types of establishments expect higher volumes of people than the proposed use. During peak business hours (9am- 5pm, Monday -Friday), Public Space One expects lower vehicle and foot traffic than other types of community service centers. • Most of the events at this location will take place during off-peak traffic times (evenings and weekends) with some afternoon gallery hours. • The historic nature of this property makes providing additional parking impossible while still preserving its historic attributes because of the small lot size and location of the house. • The property is in a particularly walkable area of the city: near Downtown, close to campus, and within a high-density mixed-use neighborhood that is well served by bike facilities and transit routes. • On -street parking, including metered parking, is available, and the property is located less than 300 -feet away from a City -owned parking lot. The Board concludes that a reduction in parking will not have any detrimental or endangering effects on the surrounding public realm due to low traffic volumes during peak business hours, the availability of parking nearby, and the walkable nature of the neighborhood. The Board concludes that the parking reduction will not be injurious to the use of other property in the immediate vicinity based on the following findings: • There are many public parking options near -by. M IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 027542680006 Type. GEN Kind: DECISION Recorded: 11/08/2019 at 11:26:50 AM Fee Amt. $32.00 Page 1 Of 6 Johnson County Iowa Kim Painter County Recorder BK5978 PG35-40 N G1 DECISION IOWA CITY BOARD OF ADJUSTMENT �c WEDNESDAY, October 9, 2019 EMMA J. HARVAT HALL rn r MEMBERS PRESENT: Connie Goeb, Ernie Cox, Amy Pretorius, Gene Chrischl!_e� _ C3 77o MEMBERS ABSENT: Zephan Hazell STAFF PRESENT: Sue Dulek, Jesi Lile OTHERS PRESENT: John Engelbrezht, Thomas McInerney, Gerry Ambrose, Scott Ward SPECIAL EXCEPTION ITEMS: 1. EXC19-08: A public hearing regarding a special exception application submitted by Public Space One to allow for an 86% reduction in parking spaces in the Central Business Service (CB -2) zone with a Historic District Overlay (OHD) located at 229 N. Gilbert St. The Board concludes that the applicant has demonstrated the unique circumstances that the number of required parking spaces will reduce the ability to utilize the property based on the following findings: • The proposed use is unique in that it will not operate as a typical community service center. Examples of typical community service centers include: libraries, museums, soup kitchens, etc. These types of establishments expect higher volumes of people than the proposed use. During peak business hours (9am- 5pm, Monday -Friday), Public Space One expects lower vehicle and foot traffic than other types of community service centers. • Most of the events at this location will take place during off-peak traffic times (evenings and weekends) with some afternoon gallery hours. • The historic nature of this property makes providing additional parking impossible while still preserving its historic attributes because of the small lot size and location of the house. • The property is in a particularly walkable area of the city: near Downtown, close to campus, and within a high-density mixed-use neighborhood that is well served by bike facilities and transit routes. • On -street parking, including metered parking, is available, and the property is located less than 300 -feet away from a City -owned parking lot. The Board concludes that a reduction in parking will not have any detrimental or endangering effects on the surrounding public realm due to low traffic volumes during peak business hours, the availability of parking nearby, and the walkable nature of the neighborhood. The Board concludes that the parking reduction will not be injurious to the use of other property in the immediate vicinity based on the following findings: • There are many public parking options near -by. M IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 027542680006 Type. GEN Kind: DECISION Recorded: 11/08/2019 at 11:26:50 AM Fee Amt. $32.00 Page 1 Of 6 Johnson County Iowa Kim Painter County Recorder BK5978 PG35-40 A reduction in parking for this use will not impact other commercial uses in the vicinity because many people going to events at Public Space One will arrive by bicycle or walking, as they have in the past. o This is conditioned on the applicant providing at least 8 bicycle parking spaces on-site. Maintaining the historical qualities of the property by not adding spaces will enhance the enjoyment and property values of existing properties in the area. The Board concludes that the parking reduction will not impede normal and orderly development and improvement of surrounding properties based on the following findings: The property is located in a neighborhood that is already developed. This is a walkable, urban neighborhood that supports a variety of commercial businesses already. There is on -street and metered parking nearby as well as a City -owned parking lot. The Board concludes that all necessary utilities and other facilities (access roads, streets, sidewalks, storm water management etc.) are already in place for this property and the surrounding neighborhood. The Board concludes that adequate measures have been taken to provide ingress and egress designed to minimize traffic congestion based on the following findings: There will be space for only one vehicle to park on this property, minimizing ingress and egress. The proposed community service use will generate negligible traffic as there will not be a large number of people on-site at the same time and most people that utilize Public Space One have historically arrived by either walking or biking. Special events will mostly be held on evenings and weekends, minimizing traffic congestion during peak business hours (9am-5pm, Monday -Friday). The Board concludes that the property complies with all other regulations and standards of the zone in which it is located. The Board concludes that the exception is consistent with the Comprehensive Plan of the City based on the following findings: • The proposed special exception will help to further many of the goals of the Comprehensive Plan including: o Increasing visibility and awareness of arts & culture programs. - o Supporting non -profits involved in arts programing. y% o Providing appropriate transitions between commercial areas and a W�. residential zones. °� J�o Maintaining a strong and accessible Downtown that is pedestrian oriented r with a distinctive cultural, commercial, and residential character. r`o Preserving and promoting unique aspects of the Northside Marketplace. o Preserving historic resources and reinvesting in established a — neighborhoods. 0 N DISPOSITON: by a vote of 4-0, the Board approved a special exception allowing an 86% reduction in parking spaces with the following condition: • The applicant must provide at least 8 bicycle parking spots in lieu of vehicle parking. 2. EXC19-09: A public hearing regarding a special exception to allow for a drive-through facility in a Community Commercial (CC -2) zone located at 1681 S. 15' Ave. The Board concludes that the transportation system is capable of safely supporting the proposed drive-through use in addition to the existing uses in the area based on the following findings: • The existing street capacity of S. 1 s' Avenue is adequate to handle a potential increase in traffic from a drive-through business. • The proposed site plan will address traffic issues and may improve them. Changing the back parking lot, as shown on the site plan, will possibly allow for easier routes for vehicles exiting the parking lot. o :v The Board concludes that there is adequate access to the drive-through based�Hhefqllowing t findings: • The access to the proposed drive-through would be from the existi* rive?�pys ofll of S. 1 s' Avenue which is classified as a minor arterial street. • The property owner has maintained a shared driveway easement HDtti-1700. Vt Avenue since 2002. The proposed drive-through would be located directly east of the shared driveway. The Board concludes that the applicant is not asking for additional curb cuts. The Board concludes that a minimum of six stacking spaces is excessive for this particular eating establishment based on the anticipated usage and traffic flow, and that a reduction to three stacking spaces is appropriate. The proposed use is a donut shop with a limited menu, and filling an order will not require food to be prepared. There will be no order board. This conclusion is conditioned on the applicant complying with the site plan to minimize the potential for vehicular and pedestrian conflicts, as the site plan provides another exit route. The Board concludes signage and pavement markings will be sufficient on the condition that the applicant adds signage and pavement markings to indicate the flow of traffic for the drive-through including pavement markings shown on the site plan. The Board concludes that the property is not located in the CB -2 zone or in the Riverfront Crossings District, and is therefore not required to comply with the drive-through standards specific to those areas. The Board concludes that the drive-through lane meets the setback requirements and qualifies for a reduction in screening standards based on the following findings: • The proposed drive-through window is not set back ten feet from the adjacent property line, but applicant has a shared drive easement with the property to the west at 1705 S. 1 st Avenue. • The drive-through window is not located near the public right-of-way. • There is currently some landscape screening between the drive-through lane and S. 1st Avenue that meets S2 screening, but no landscaping between the proposed drive-through at 1681 S. 1st Avenue and 1705 S. 1st Avenue to the west. Due to the nature of the shared drive, meeting the screening standards is not possible. The Board concludes that the drive-through lane will not be detrimental to adjacent residential properties or disrupt pedestrian circulation and the commercial character of the area based on the following findings: The subject property is not surrounded by any residential uses or residentially zoned properties. Pedestrian circulation on the subject property is primarily located in the front of the building where business entrances and most of the available/convenient parking is located. The Board concludes that the drive-through lane is compatible with the surrounding streetscape and development based on the following findings: The applicant is proposing to utilize the single drive-through lane that is currently non -operational. The existing lane is already paved and does not affect the street-scape or pedestrian environment on S. 1st Avenue. The Board concludes that the applicant qualifies for a reduction in the required S2 screening standards based on the following findings: The property is not located next to a residential zone, so it must meet S2 screening rather than S3 screening standards. Due to the layout of the proposed drive-through and its proximity to the shared driveway easement, the applicant cannot provide screening to the S2 standard between the proposed drive-through and the adjacent property at 1705 S. 1st Avenue. The Board concludes that the applicant should use only one servicing window as proposed based on the following finding: • This is sufficient due to the limited menu options, the lack of a menu board, and lack of food preparation necessary at the time of ordering. The Board concludes that the stacking spaces, driveway, and drive-through are located in an area that minimizes potential for vehicular and pedestrian conflict based on the following findings: N C> • The proposed drive-through has a fairly low potential for pedestriae confli-CIS. • The site plan submitted minimizes potential for vehicle conflict bebatise ijorovidep an alternate exit route for vehicles. The Board concludes that outdoor lighting will not be an issue for surrounding-Ofi perggs s - because of the proposed hours of operation (6:30 am - 6 pm, depending on f seaMh). . . ' N O �O The Board concludes that loudspeakers will not cause a disturbance be@riwSeth§,appl�t is not proposing to install any. .--i n rn rrn . The Board concludes that the drive-through will not be detrimental to hGalth, safety or general welfare based on the following findings: y • The proposed drive-through has a fairly low potential for pedestrian conflicts. • The site plan submitted minimizes potential for vehicle conflict because it provides an alternate exit route for vehicles. The Board concludes that the drive-through will not be injurious to the use, enjoyment or property values of other property in the immediate vicinity based on the existing driveway easement agreement. The proposed use will have minimal negative impact on the existing circulation issues. This is conditioned on the applicant adhering to proposed site plan and on the applicant not enforcing the no -parking provision against the owner of 1705 S. 11 Ave. during times delivery trucks are temporarily parking in the easement area in order to unload. The Board concludes that the drive-through will not impede normal and orderly development of the surrounding property because the surrounding property is fully developed. The Board concludes that the drive-through will have access to all utilities and other necessary facilities. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets because the drive- through will not affect traffic congestion on S. 1 n Ave. Except for the specific regulations and standards applicable to this exception being considered, the drive-through conforms to other aspects of the zoning code. The Board concludes that the drive-through is consistent'Vir$tf Mr'bmprehensive Plan because it is supporting and growing a locally -owned business. DISPOSITION: By a vote of 4-0, the Board approved a special exception a drive-through facility with the following conditions: • Adherence to the site plan submitted by the applicant on September 30, 2019 contained in the October 9, 2019 meeting packet, • The applicant must work with City staff to identify an appropriate area in the existing shared driveway easement for delivery trucks servicing 1705 15f Ave. to temporarily park and unload. The applicant cannot enforce the anti -parking provision in the easement during the times delivery trucks are temporarily parking and unloading in said identified area. • The applicant must add directional arrows and signage to help direct traffic and mitigate circulation issues prior to a certificate of occupancy being issued. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-'C- 1 E, City of Iowa City, Iowa. /�-� C�, ✓G� Approved Connie Goe Chairperson ria person City Attorney's Office STATE OF IOWA ) JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 91" day of October, 2019, as the same appears of record in my Office. Dated at Iowa City, this T POMT[ [A[ day of K 4Y -r -ker-- , 20� 9 6 O n �`o O t• --y C'> V` N - ILEA? Prepared by Jesi Lile, Associate Planner, 410 E. Washington, Iowa Cay, IA 52240; 3191356-5230 DECISION 2019 DEC -6 AM 11: 29 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, NOVEMBER 13, 2019 CITY CLERK EMMAJ. HARVAT HALL 1010 CITY, I0V,1-', MEMBERS PRESENT: Zephan Hazell, Ernie Cox, Amy Pretorius, Gene ClIlIhrisryrychillllles IIII IIII IIIIUuII�� III IIII MEMBERS ABSENT: Connie Goeb IINI�IIIIIIIIII�IIIIIIINIIIAIIIIIIIIIIIMIIuIII�IIuIIIIIIIIIIIIIIIIIII Doe ID: 027566150006 Type: GEN Kind: DECISION STAFF PRESENT: Sue Dulek, Jest Lile Recorded: 12/09/2019 at 01:16:09 PM Fee Amt: $32.00 Pape 1 of 6 OTHERS PRESENT: Jesus Loria, Ken Valley Johnson county IowaKim Painter county Recorder SPECIAL X . PTION ITEMS: 8K 5987 PG380-385 1. FXC19-11: A public hearing regarding a special exception application submitted by Arts FE Iowa City to allow for a specialized education center for classroom/workshop space for a community arts center in an Intensive Commercial (CI -1) zone located at 1423 Waterfront Drive. The Board concludes that the applicant has demonstrated that the use will be functionally compatible with surrounding uses and that the health and safety of clients/students are not compromised based on the following finding: • The proposed classroom space will be located indoors and will not be impacted by other businesses in the area. Other businesses in the area include: grocery stores, a gas station, retail, and restaurants. These types of businesses do not produce significant negative externalities such as excessive noise, dust, or outdoor work. The Board concludes that the proposed classroom use will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The main proposed workshop disciplines are: jewelry making, woodworking, ceramics and sculpture. All students will be required to use adequate personal safety equipment. o Instructors will determine age restrictions for classes based on age, experience, and performance. • Students will be taught tool and safety procedures and will be tested on their knowledge before being allowed access to any proposed shops or equipment. o Students must complete a "Tool Safety Check Out" certification and take a beginning class on tool usage and processes which use specific hand and power tools. • The applicant plans to add additional ventilation systems (hoods, extractors, dust collectors, etc.) based on the specific requirements of each discipline. The applicant has been in contact with Building Inspection Services to inquire about additional requirements necessary. • The applicant plans to hold specific youth and children's classes based on age and expected ability levels with appropriate materials and tool training. • The applicant proposes to use eco -friendly materials and procedures to lessen environmental and personal health impacts. The Board concludes that the classroom space 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 based on the following findings: All activities for the proposed exception will take place inside the building and on the property. The proposed use will bring more people to the area, and may increase clientele for surrounding businesses. Currently, the subject property is vacant. The applicant is proposing improvements to the building, and filled store fronts typically increase property values in the area. The Board concludes that the classroom space will not impede normal and orderly development and improvement of surrounding properties based on the following findings: • The applicant proposes to reuse and redevelop an existing building. • The addition of classroom space inside the building will not impede development or improvement of surrounding properties. The Board concludes that all necessary utilities and other facilities (access roads, streets, sidewalks, storm water management etc.) are already in place for this property and the surrounding neighborhood. The Board concludes that adequate measures have been taken to provide ingress and egress designed to minimize traffic congestion based on the following findings: The subject property has an existing parking lot with two access points. The subject property fronts an area of Waterfront Dr. that is not heavily trafficked. The Board concludes that the property complies with all other regulations and standards of the zone in which it is located. The Board concludes that the exception is consistent with the Comprehensive Plan of the City based on the following findings: The Comprehensive Plan contains many goals supporting Arts & Culture development including: o Recognizing the economic development potential of Arts & Culture programing o Seeking the participation of diverse populations (young and old) when developing cultural programs. o Providing opportunities for arts in all neighborhoods. o Exploring the creation of a community arts center. o Supporting non -profits involved in arts programing. ;-_ b N � -- m :Cr -_ Rl a c:-, -:D 2` N �D DISPOSITON by a vote of 4-0, the Board approved a special exception allowing a specialized education facility in a CIA zone to allow for classroom/workshop teaching spaces for a community arts center. 2. FXC19-10: A public hearing regarding a special exception submitted by Lucas Off Campus to allow for a before and after school daycare in a Low -Density Single Family Residential (RS -5) zone located at 3001 Muscatine Ave. The Board concludes that the daycare contains more than the required 35 square feet of usable indoor activity space per child based on the following findings: • The required square footage for 50 children is 1,750 sq. ft. The site plan submitted shows two childcare areas. The primary area is 1,771 sq. ft., and the secondary is 2,124 sq. ft for a total of 3,895 sq. ft, well over the minimum requirements for indoor activity area. • The applicant also has access to a gymnasium that provides another 3,775 sq. ft. of play area for the children. The Board concludes that there is a fenced outdoor play area that meets the standards for size, being free from hazards and accessible to the daycare center based on the following findings and with the following conditions: The applicant has proposed breaking up children by age group, so there will be no more than 25 children outside at one time. This makes the required fenced area a minimum of 2,500 sq. ft. The applicant has shown an outdoor play area on the northwest comer of the site. In order to improve the safety of the proposed outdoor play area, the following conditions should be imposed: o The applicant must provide a striped pedestrian crossing area from the building to the fenced outdoor play area. o The fenced area must be located 30 feet from both Muscatine Ave. and Dover St. in order to provide a buffer between the street and play area, and to shift the play area away from the intersection. o The fenced area must only serve children Kindergarten and up. o The applicant must close the exit onto Muscatine Ave. nearest the play area when it is in use and not allow traffic to enter or exit at that location. o The circulation route shown on the site plan must be modified to show parents exiting the site onto Dover St. instead of driving between the building and the play area. The applicant has proposed installing a 4 -foot chain-link fence around the proposed play area. Per DHS standards, the applicant must provide one supervisor for every fifteen children ages 5-10. The applicant must provide at least two supervisors for the anticipated 25 children that would be using this outdoor area at once. The Board concludes that the applicant can provide a drop off -pick up location that is convenient to and provides good pedestrian access to the facility, with sufficient parking and stacking spaces to ensure that traffic does not stack into the adjacent street based on the following c`_n' findings: Icy m r— ;<m N �n The site plan shows a parking area outside the main daycare entrance that is connected to the entrance by a sidewalk. The applicant has shown 27 parking spaces available, which is more than the required 22 parking space. The entrance to the site is away from the public right-of-way, so traffic on-site will not impede traffic on adjacent streets. The Board concludes that the applicant is able to provide a sidewalk connecting the main entrance of the center to the adjacent public right of way via the Village Green Homeowners Association (HOA) owned sidewalk to the east of the center that provides clear pedestrian access separate from vehicular circulation areas with the following conditions: • The applicant must provide a striped pedestrian area that connects the entrance of the daycare to the sidewalk extension. • The applicant must put cones or another barrier out across the entrance drive to block cars entering the parking area during use of the walkway in order to provide the required separation from vehicle circulation areas. • There must be a written agreement between Lucas Off Campus and the Village Green HOA for the use of the HOA sidewalk. • All children must be escorted by staff or guardians off the property when they leave the program. The Board concludes that the applicant is not proposing changes to the building itself, rather proposing the addition of another use, and that the current building is non -conforming. The Board concludes that with the conditions proposed, the site is a suitable place for a childcare center and will not be detrimental to or endanger the health, safety, comfort, or general welfare. The Board concludes that the daycare 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 based on the following findings: The proposed childcare center is located in an existing building and will not operate off-site. The addition of a chain-link fenced play area will not substantially change the site. There are other childcare programs and schools already in operation in the vicinity, so the addition of a childcare center will not diminish the use and enjoyment of surrounding property owners. The Board concludes that the daycare will not impede normal and orderly development of the surrounding property because the surrounding property is fully developed, and the daycare will operate on-site as to not impede improvement of surrounding properties. The Board concludes that the daycare will have access to all utilities and other necessary facilities. The Board concludes that the daycare will not congest traffic on following finding and condition: N 'In public streets based on the N 'In • The subject property has three access points, one off Dover St. and two off Muscatine Ave. In order to improve safety within the parking lot, the following condition should be imposed: o The circulation plan must be modified to show parents exiting the site on to Dover Street, instead of driving between the building and the play area. The Board concludes that the site conforms to all setbacks and height requirements as well as other requirements of the RS -5 zone. The Board concludes that the daycare is consistent with the Comprehensive Plan based on the following finding: • Iowa City's Comprehensive Plan supports development that provides opportunities for people in all stages of life, including children, young adults, families, and seniors. Iowa City also lacks childcare facilities to support families. The addition of another childcare facility near two elementary schools will help to support children and families of this neighborhood. DISPOSITION By a vote of 3-0 (Cox recused himself), the Board approved a special exception to allow for a before and after school daycare in the Low -Density Single Family Residential (RS - 5) zone located at 3001 Muscatine Avenue with the following conditions: • The applicant must provide a striped pedestrian crossing area from the building to the fenced outdoor play area. • The fenced play area must be located 30 feet from both Muscatine Avenue and Dover Street in order to provide a buffer between the street and play area, and to shift the play area away from the intersection. The play area cannot be occupied or used until the fence is in place. • The fenced play area must only serve children kindergarten and up. • The applicant must close the exit onto Muscatine Avenue near the fenced play area when it is in use in order to reduce vehicle traffic. • The circulation plan shown on the site plan dated November 7, 2019, shown as Attachment 4 of the Staff Report, must be modified to show parents exiting the site on to Dover Street instead of driving between the building and the fenced play area. • The applicant must escort children to and from school at the ratio determined by DHS. • The applicant must provide a striped pedestrian area that connects the entrance of the daycare to the sidewalk extension that will connect to the subject property's parking lot with the HOA sidewalk. • The applicant must put cones or another barrier out across the entrance drive from Muscatine Avenue to block cars entering the parking area during use of the walkway to access the HOA sidewalk in order to provide the required separation from vehicle circulation areas. • There must be a written agreement between Lucas Off Campus and the Village Green HOA for the use of the HOA's sidewalk. • All children must be escorted by staff or guardians off the property when they leaig;the program on foot. G' :o cr) N All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of Iowa City, Iowa. Approved by: Am retorius, Acting Chairperson l d —(; —(S City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Kellie K. Frueh ling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 13th day of November, 2019, as the same appears of record in my Office. Dated at Iowa City, this Le� day of 1)eCer12� r--, 20 ) Ck Kellie K. Fruehling, yy Clerk x (OPPOM11 5EA� a r �Fi Y N tt?