Loading...
HomeMy WebLinkAbout2017 Board of Adjustment DecisionsPrepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5230 Doc ID: 026615790006 Type: GEN Kind: DECISION Recorded: 01/12/2017 at 09:58:50 AM DECISION Fee Amt: $32.00 Pape 1 of 6 IOWA CITY BOARD OF ADJUSTMENT Johnson county Iona Kim Painter County Recorder WEDNESDAY, November 9, 2016 BK5609 PG431-436 EMMA J. HARVAT HALL MEMBERS PRESENT: Becky Soglin, T. Gene Chrischilles, Connie Goeb, Larry Baker, Tim Weitzel MEMBERS ABSENT: None. STAFF PRESENT: Sue Dulek, Sarah Walz, Chris O'Brien OTHERS PRESENT: Kevin Monson, Alicia Trimble, Nancy Bird SPECIAL EXCEPTION ITEMS: 1. EXC16-00008: Discussion of an application submitted on behalf of Monark LLC, for a special exception to allow a 100% reduction in the off-street parking requirement for a proposed mixed use building to be constructed in the Central Business District (CB -10) zone at 7 South Linn Street. The Board finds that the subject property at 7 South Linn Street falls within the Downtown Parking District and that the property has been vacant since 2011. The Board concludes that uses, elements, or features of the proposal will further housing, economic development, or other goals of the Comprehensive Plan, including the Downtown and Riverfront Crossings Master Plan, based on the following findings: • The proposed building provides commercial space on the first floor. • The applicant's intent is that the housing units will meet the guidelines for the State of Iowa Workforce Housing Tax Credit program and that the building will be designed to LEED standards. • The building will provide a unique type of housing (efficiency and one -bedroom apartments) that may appeal to the non -student rental market. The Board concludes that it Is not feasible to provide at least 50% of the required parking on site due to specific qualifying site constraints based on the following findings: • The subject lot width is only 41 feet wide. • The subject lot is located midblock and does not have sufficient alley1ccess to accommodate vehicles. The Board concludes that the proposed project will be designed in a manrier#Fiat is=sensitivO and complementary to the adjacent property designated as an Iowa City landmark.based on the following findings: -? • The proposed new structure is set back from the south (side) property line ( ,provide separation from the historic structure. ,1 • The contemporary design of the new building serves to differentiate the new development from the historic property. • A lower scale building and Design Review Committee approval will ensure that the proposed building creates a harmonious transition between the modern building proposed and the abutting historic structure and will reflect the horizontal alignment in the comer building, horizontal architectural elements—similar to those used on the Vogel House Building. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare; and ingress or egress from the site will not create congestion in the public right -of way based on the following findings: • There is no vehicular access to the property The Director of Transportation and Resource Management has indicated that loading zones may be provided on a temporary basis during peak moving times by covering parking meters adjacent to the property. • The applicant's intent to provide secure access to the rear of the building by installing a gate or other appropriate means may be ensured through the Design Review process. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located based on the following findings: • The proposed reduction in parking will not impact property in the immediate vicinity and because the building is in general conformance with the requirements of the CB -10 zone and Payment of fees in lieu of will contribute to the construction of future Parking facilities. • Granting the exception will allow a property that is currently vacant to redevelop, which will be beneficial to the downtown area. • The proposed development does not preclude abutting properties from being redeveloped at a similar scale to the subject property. • The Director of Transportation and Resource Management has indicated that there will be adequate space in the Downtown parking facilities to absorb the demand. The Board concludes that adequate utilities, access roads, drainage and necessary facilities have been or are being provided, based on the following finding: • The Director of Parking and Resource Management has indicated that, while demand for permits is high and the adjacent Tower Place facility is near capacity, parking is available and additional capacity will open up with a new parking facility currently under construction on Harrison Street. This will allow for shifting parking demand and permits to other parking structures. The Board concludes that, except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all otherrespecfs, conforms to the applicable regulations or standards of the zone in which it is to 4e located based on the following findings: 41 (S1 • The submitted elevations and site plan show general conformance with the basic required first -floor elements—front setback, storefront windows, entry at grade, etc. • Balconies that extend from the east face of the building over the City right-of-way will require the purchase of air rights from the City. • A more detailed plan submitted as part of the building permit process and Design Review will ensure compliance with other aspects not reviewed as part of the special exception. The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended based on the following findings: The Downtown and Riverfront Crossings Master Plan contains goals and objectives for preservation and redevelopment in the Downtown. Two of the Master Plan objectives most relevant to this case include protecting the character of downtown, key historic buildings, and promoting quality infill and redevelopment. To this end, the Strategic Infill Section of the Master Plan provides the following guidelines: • New development should be located on sites that do not contain historic buildings. • Active uses, such as ground floor retail (and not blank walls), should front on to the street frontages and the City Plaza [Ped Mall]. • Upper floors should contain office, commercial, and residential uses. • Buildings should be built to the property line. • Comer locations should be reserved for taller buildings, creating a block structure with taller buildings on the comers and lower scale historic buildings between them. • The taller buildings on the comer should have a lower base consistent with adjacent historic buildings to make them 'feel' contextual' with the rest of the Downtown, while also limiting the perceived height of the towers. Parking should be located both on -street and behind storefronts in parking structures. While the proposed 14 -story building in this application meets many of the goals and objectives, the Board concludes that a lower scale building (the second option proposed by the applicant) seems more compatible and harmonious with the location, in the heart of the Downtown, and with the historic property on the abutting property to the south. DISPOSITION: By a vote of 5-0 the Board approved a parking waiver for up to 18 spaces to allow a lower scale building with up to 36 dwelling units, one bedroom or efficiency units, subject to Design Review Committee approval to ensure that the new building is designed in a manner that is complementary and harmonious with the abutting historic landmark building including horizontal architectural elements, that align with elements on the adjacent historic building. o 2. EXC16-00010 – Public hearing regarding an application submitted on.beh`sif of M&W Properties, for a special exception to allow conversion of a non -conforming use"[Pcated iri a structure designed for a use that is prohibited in the zone to another non-conformtng use for property located in the High Density Multi -Family (RM -44) zone at 518 Bowery Street. The Board concludes that the proposed use will be located in a structure that was.designed for a use that is currently not allowed in the zone; the proposed use is of the same --or lesser intensity and impact than the existing use; and the proposed use is suitable for the subject structure and site based on the following findings: • The subject building was originally constructed as a grocery store and continued to serve commercial uses until the early 1980s and was recently granted a special exception (2011) (special exception number EXC12-00010, recorded October 24, 2012 in Book 4997, Pages 304-309) to operate as retail sales use. • The property is not designed for a use that is currently allowed in the RM -44 zone. • The first floor interior of the building is still arranged with the open floor plan—it is one large room with a half bathroom at the back. The large, front windows are the only windows on the first floor other than a small window on the west side of the building. The building is set at the front property line, as is typical of older commercial buildings, and just inches off the east property line (public alley). • Due to the extremely limited size of the property and structure, the property is not adaptable as a multi -family residential use. • Re -use of the property is severely limited by the size of the lot. The lot provides minimal opportunity for parking—only two parking spaces. On -street parking along this portion of Bowery Street is prohibited during daytime business hours. Moreover the high demand for on–street parking in the surrounding neighborhood makes on -street parking practically unavailable. Given the very significant constraints on the property, any difference in intensity among the proposed list of uses will be very limited. • The surrounding High Density Multi -Family Residential (RM -44) zone represents the highest intensity residential use allowed outside the Downtown and PRM zone. • Due to the constraints of the site, the commercial uses proposed by the applicant must rely on pedestrian traffic from the surrounding neighborhood or that require minimal customer/client visits. • Conditions adopted with the special exception are intended to effectively control the intensity of the use and limit externalities that might negatively affect the surrounding residential uses. The conditions tied to approval apply to all future owners/users of the property and may not be altered or removed without another special exception. • The site can provide 2 off-street parking spaces, which satisfies the minimum requirement for the proposed uses. The Board concludes that the structure will not be structurally enlarged in such a way as to enlarge the non -conforming use based on the following finding: • The building may not be enlarged without approval of the Historic Preservation Commission. • The size of the building and its non -conforming setbacks and limited space for parking practically eliminate any enlargement of the structure and impose considerable; constraints upon its use. Based on the following findings the Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general,welfare; will not be injurious to the use and enjoyment of other property in the immediate vicipity; will. not substantially diminish or impair property values in the neighborhood; 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 zone in which such property is located: and adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following findings: • The conditions tied to approval apply to all future owners/users of the property and may not be altered or removed without another special exception. • The limited size of the lot and structure along with the restrictions placed on it due to its Landmark status, effectively limit the intensity of any use on the property. • The two off-street parking spaces can be provided with access from the public alley. • On -street parking is prohibited along Bowery Street until after 5:00 PM. • Given the constraints on the property, a business would likely rely on customers coming on foot or bike from within the surrounding neighborhood or will generate very limited customer visits. • The conditions for approval restrict use of the public alley for drive -up service. The Board concludes that 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 finding provided above and the following finding: • Due to the non -conforming status of the lot and building, which do not meet minimum size and setback requirements, the building cannot be further expanded. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following finding: This neighborhood is fully developed with all roads and drainage—Bowery Street is adequate to serve a small-scale retail use. The proposed use will be consistent with the Comprehensive Plan, as amended based on the following finding: • The Comprehensive Plan encourages the re -use of existing buildings so long as their use does not interfere with the function and character of the neighborhood in which they are located and encourages the preservation of historic buildings. Disposition: By a vote of 5-0 the Board approves EXC16-00010 a special exception, to allow general office and commercial retail (sales -oriented and personal -service oriented) uses to be located in a structure designed for a use that is not allowed in the zone in the High Density Multi -Family (RM -44) zone at 518 Bowery Street subject to the following conditions: • The property shall maintain two -off street parking spaces at the rear of the building in accordance with the off-street parking requirements in the Zoning Code. • Hours of operation are limited to 6 AM to 10 PM weekdays Sunday -Thursday qnd 6 AM to midnight on Fridays and Saturdays. • Outdoor seating and display of products within the public right-of-way are prohibited unless a temporary use permit is granted. • Signage should be limited to a fascia or awning sign in compliance with the zoning code standard for non-residential uses located in residential zones and in compliance with Iowa City's Historic Preservation Guidelines. • All outdoor lighting should comply with the zoning code standards for residential zones and with the Historic Preservation Guidelines. • The sale of tobacco or alcohol on the property is prohibited. • Food preparation and sales on the site are limited per the definition in the code, which allows cottage industry component: A firm that manufactures and/or assembles goods that are intended for retail sale to the general public. The goods may also be sold at wholesale to other outlets or firths, but retail sales is a significant component of the operation. The manufacturing component for such a firm is small in scale. Size limitations may apply to such uses in commercial zones to keep the uses in scale and character with surrounding land uses. • The alley may not be used for drive up or drive through or parking. • No amplified sound is permitted on the exterior of the building. • The building may not be expanded without a special exception. = • Any alterations to the exterior of the building must comply with the Historic Preservation Guidelines. • Repeal special exception number EXC12-00010, recorded October 24, 2012 in Book 4997, Pages 304-309. 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 Applicant 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: arty baVer, person City Attorney's Office STATE OF IOWA ) JOHNSON COUNTY ) v�yy�� I, MaOan-Kerf City Clerk oT 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 9th day of November 2016, as the same appears of record in my Office. Dated at Iowa City, this �1t1. day of n qr 20—�i s , Mei4en-4-ft.r ity Clerk Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/3565230 �— '11 ED DECISION IOWA CITY BOARD OF ADJUSTMENT 2017 JAN 19 PM 3: 1 WEDNESDAY, DECEMBER 14, 2016 EMMA J. HARVAT HALL CITY CL'U, ` r VIA CITY,' MEMBERS PRESENT: Larry Baker, Connie Goeb, T. Gene Chrischilles, Becky Soglin, Tim Weitzel MEMBERS ABSENT: None. STAFF PRESENT: Sue Dulek, Sarah Walz OTHERS PRESENT: Adam Brantman, Greg Buehner I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII III�� ���� ���� Doc ID: 026623000004 Type: GEN Kind: DECISION Recorded: 01/23/2017 at 02:11:23 PH Fee Amt: $22.00 Pape 1 of 4 Johnson County Iowa Kim Painter County Recorder BK5612 PG426-429 EXC16-00012: A public hearing regarding an application submitted on behalf of Ellis FieF Avenue, LLC for a special exception to allow the establishment of a fraternity house on property located in the Neighborhood Stabilization Residential (RNS-20) zone at 332 Ellis Avenue. The Board concludes that the site allows for 19 roomers based on the following findings: • The density standards for RNS-20 zones allow a maximum of 1 roomer per 900 square feet of lot area. The current lot area is 15,145 square feet. The applicant is seeking a right-of-way vacation of the alley to the south, which would add an estimated approximately 2,600 square feet to the property for a total of 17,745 square feet of lot area. (The minimum lot size to allow the 20 roomers requested is 18,000 feet.) • The applicant has indicated 5,952 square feet of living are on floors one -three of the structure—the occupancy standards in the zoning code require a minimum 300 square feet of living area per roomer. The Board concludes that the proposed use will have bath and toilet facilities in such numbers as specified in Title 17 of the City Code, which requires 1 shower for every 8 roomers, based on the following finding: The applicant has provided floor plans showing all required facilities and common areas for a fraternal living use, including 9 bedrooms and 3 shared showers on floors two and three. A resident manager's bedroom and private bath are located on the first floor along with one additional bedroom and 3 shared showers. The Board concludes that the number of bedrooms should not exceed the number of roomers allowed by the density regulations in the code, therefore the applicant should remove one bedroom from the first floor level of the house and shared shower facilities should be limited to floors 2 and 3 so as to discourage over -occupancy of the building. The Board concludes that the proposed use will be designed to be compatible with adjacent uses based on the following findings: • The applicant has submitted a plan for improvement of the building, including sprinkler system, new HVAC, and waterproofing of the lower level. • As part of the renovation plan, the applicant would provide 15 parkinsiliLAQaces located off of Ridgeland Avenue and 6 spaces located off the east -west alley right-of- way. 2017 J".'1 19 PIM 3: 17 • The proposed site plan shows improvements that bring the property, slgser to conformance with current parking area standards: o Both parking areas are served by a sidewalk that provides access to building entrances. o The submitted site plan shows the parking area on the south side of the property will be paved and set back from the front plane of the building. Landscape screening will be installed at the west and east ends of this parking area. There is adequate space to provide the required 10 -foot setback from the right-of-way line on Ridgeland. o There is adequate space to provide the required 10 -foot setback between the building and the east parking area. Pavement must be removed in this area and replaced with landscaping (lawn). o A condition for the right-of-way vacation will require paving of the east -west alley. The applicant has submitted a management plan that shows various levels of supervision and maintenance for the site and the fraternal use, including a live-in manager. A resident manager—one who is not an undergraduate student—should be a condition of the special exception in order to ensure the house operates in a manner that does not detract from surrounding uses. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare; 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: • Re -opening the front (main) entrance to the building will bring the structure into conformance with the multi -family standards and provide an ADA accessible entrance to the main floor. • The addition of a sprinkler system and proposed changes to address moisture issues in the basement level will help to ensure a more safe and healthy living situation for the residents of the fraternity. • Modifications proposed for the parking area to bring it closer to conformance with the code standard should improve safety for vehicles and pedestrians. • Providing a resident manager, who is not an undergraduate, will allow the use to function in a manner that does not negatively impact the surrounding neighborhood. • Adding a condition intended to control for disturbances that are sometimes associated with large group living situations, such as fraternities, will help to ensure that the use does not impinge upon the use and enjoyment of residents of the surrounding properties. The Board concludes the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located, based on the following findings: • The surrounding neighborhood is fully developed. The Neighborhood Stabilization (ANS -20) zone acknowledges a mix of residential uses. The surrounding RNS-20 properties are currently multi -family or fraternity uses. 2017 AN 19 ' 3: 17 • The property is located close to campus and is surrounded by otherrfr��rriities and multi- family housing. • Improvements to the site and structure will bring it closer to conformance with the zoning code standards. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided and that adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following findings: • All necessary utilities and drainage are in place for the property. • Modifications to the parking area as proposed and recommended by staff will improve and better control safe vehicle access to the property. • The property has vehicle access from both Ellis and Ridgeland Avenues in addition to shared access drive on the north side of the property. • The applicant is required to pave the parking areas and provide setbacks and screening as noted above for the parking area along the south side of the alley. This will better define the area for ingress and egress. 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 code requires that no parking area be designed in such a matter that exiting a parking area would require backing into a street. The property was established with two street frontages (Ellis and Ridgeland) with a deep (approx. 50 feet) setback from the Ellis Avenue right-of-way line. This makes full compliance with the parking area standards impractical. Other properties located along the alley and on Ridgeland have similar parking arrangements. The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended based on the following findings: • The Comprehensive Plan encourages the adaptive re -use and preservation of structures so long as the use is compatible with the surrounding neighborhood. • The Manville Heights historic survey identifies this and other fraternity houses in the neighborhood as contributing structures worthy of preservation. • While the property at 332 Ellis Avenue is not designated as a historic property, a requirement that any changes to the exterior should meet historic preservation guidelines will help to preserve the character of the neighborhood. DISPOSITION: By a vote of 5-0 the Board voted to approve EXC16-00012, allowing a Fraternal Group Living Use to be established at 332 Ellis Avenue in the RNS-20 zone subject to the following conditions: .r- 1. The occupancy of the converted use is limited to the maximum number of rooms based on the requirement of the zone (currently 19 roomers based on a lot area of 17,745 square feet). The maximum number of bedrooms allow I' Ji� i to this sarpq number. i' 2. All changes to the exterior of the structure must meet Historic Preservation guidelines. 3. Substantial compliance with the floor plans submitted. The number of bedrooms cannot exceed the maximum occupancy to discourage over -occupancy, and a reduction in the number of bedrooms in the submitted floor plans must be approved by the Building Official. 4. Installation of sprinkler system and waterproofing and tiling of the basement level to ensure a safe living environment for residents. 5. Substantial compliance with the site plan submitted with modifications to the parking areas as indicated by staff. All drives and parking spaces to be paved. 6. In order to establish the conversion, the applicant must apply for a rental permit. 7. Three convictions and/or findings or pleas of guilt and/or civil judgments for a disorderly house for incidents occurring within an 18 -month period will result in the denial of a rental permit. 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 Applicant 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: Larry Baker, Ch rperson J City Attorney's Office STATE OF IOWA JOHNSON COUNTY ) Jv�`tpoQnr.kIIbcpv� Y I, MeriaM4erf, 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 14"' day of December, 2016, as the same appears of record in my Office. Dated at Iowa City, this \Q�\ COR M 91 day of 20 (7 Fee. IIII IIII I I I III III VIII VIII VIII VIII I IIII VIII I IIII VIII VIII VIII VIII IIII IIII Doc I0: 026703090003 Type: GEN Kind: DECISION Recorded: 05/05/2017 at 11:02:13 AM Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 Fee Johnson .Count00l owa PPao 1 of 3 Kim Painter County Recorder DECISION IOWA CITY BOARD OF ADJUSTMENT 6K5644 PG950-952 WEDNESDAY, APRIL 12, 2017 EMMA J. HARVAT HALL MEMBERS PRESENT: Becky Soglin, T. Gene Chrischilles, Tim Weitzel, Connie Goeb MEMBERS ABSENT: Bryce Parker STAFF PRESENT: Sue Dulek, Sarah Walz OTHERS PRESENT: Doug Botorff, Jason Dumont, Dana Christiansen SPECIAL EXCEPTION ITEMS: EXC17-00002: Discussion of an application submitted by Regina Catholic Education Center for a special exception to allow an expansion of a General Educational Use in the Low Density Single -Family (RS -5) zone at 2150 Rochester Avenue. The Board finds that the nearest property lines are located 57 feet to the south and 66 feet to the east of the building footprint and the proposed facility is located behind the main school building, more than 300 feet from Rochester Avenue. Setbacks from the abutting residentially zoned property are in excess of the 20 -foot side setback requirement. The Board concludes that the proposed use will be designed to be compatible with adjacent uses based on the following findings: • Surrounding tree coverage will minimize views from nearby roadways and adjacent residential properties. • A line of existing trees on a neighboring property will reduce views from the southeast, where residential structures are set at a similar elevation. • Additional evergreen trees along the southeast corner of the building and canopy trees planted along the north side of building will soften views of the large building and any exterior lighting from neighboring residential properties. • Limiting exterior lighting on the north side of the building to only downcast lighting for egress will minimize light escape along the tallest side of the building. The Board finds that the proposed use is accessory to the school facility and will not generate additional traffic to the site; therefore no additional parking is required or proposed as part of this application. The Board concludes that the proposed use will not have significant adverse effects on the livability of nearby residential uses due to noise, glare from lights, late night operations, odors, and litter based on the following findings: the distance of the building from adjacent properties along with the existing tree line and additional screening recommended by the Board will help to soften views of a large building and any exterior lighting. All activas will occur indoors; any noise from its use would be quite limited. - r Z<r A co s The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The proposed facility exceeds the minimum setback requirements from adjacent residential property and is set back more than 140 feet from the nearest residential structure. • The building and the uses housed within it will not increase traffic to the site. • The use and structure are similar to others located on public high school campuses throughout the area. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located and based on the following findings: • All activities will take place inside the building. • Additional landscape screening and limits on exterior lighting on the north face of the building will reduce any potential negative impacts of the use. The Board concludes that all necessary access roads, drainage and/or necessary facilities will be provided and adequate measures will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the applicant's plans to establish a secondary access drive to its site. The secondary drive will help distribute the traffic demand, reducing vehicle congestion at the First Avenue/Rochester Avenue intersection. Staff is working with Regina to address drainage issue in other areas of the site: The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended based on the following findings: • The Comprehensive Plan encourages educational facilities in residential zones so long as they are compatible with the surrounding residential neighborhoods. • The Central District Plan designates the subject property as an institutional use due to Regina's long history at this location. • The Regina campus contributes to the livability and walkability of the Central and Northeast Planning Districts and expands educational options that exist in Iowa City. • Regina's continued operation within the centrally located neighborhood and its ability to provide complementary facilities, including athletic facilities, comparable to what is provided at other area public schools is appropriate. DISPOSTION: By a vote of 4-0 (Parker absent) the Board approves the special exception to allow an expansion of a general educational facility to construct a two-story athletic training facility subject to the following conditions: N • Substantial compliance with the site plans and elevations submitted wg the application. yc�yy • Design Review approval—� • Additional landscaping (tall evergreen trees) at the southeast arrier f they'"' building and (tall canopy trees) at the northeast corner of the !4png to bern approved by planning staff. `'Tr a • To reduce light escape toward the adjacent residential property, g gg theO north side of the building should be limited to the area around the rear mess door and should be the downcast and shielded so as not to exceed the min4num code standards. 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 Applicant 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 14-6C-1 E, City of Iowa City, Iowa. ,Zzj.—C_ Approved by: Becky Soglin, Ch ' erson City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Julie Voparil, Deputy 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 12"' day of April, 2017, as the same appears of record in my Office. Dated at Iowa City, this 9 day of 201 JuReAl9paril, Deputy Ci Clerk CORPORATE SERI N P_ J 3 �9 :ry cn FEE Doc ID: 026759790004 Type: GEN Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 Kind: DECISION Recorded: 06/27/2017 at 10:54:16 AM Fee Amt: $22.00 Page 1 of 4 DECISION Johnson county Iowa IOWA CITY BOARD OF ADJUSTMENT Kim Painter countV Recorder WEDNESDAY, May 10, 2017 5668 P0820-823 EMMA J. HARVAT HALL MEMBERS PRESENT: Becky Soglin, T. Gene Chrischilles, Connie Goeb, Tim Weitzel, Bryce Parker MEMBERS ABSENT: None. STAFF PRESENT: Sarah Walz, Sue Dulek OTHERS PRESENT: Doug Bottorff, Dave McCauley SPECIAL EXCEPTION ITEM: EXC17-0003. Public hearing on a request to allow expansion of a General Education Facility (Regina Catholic Education Center) in the RS -5 zone to construct an addition to the school building and to expand the parking areas on the north and south side of the school building at 2140 Rochester Avenue. The Board concludes that the setbacks specified in the base zone are met based on the finding that the proposed building addition is located at the back (north side) of the existing school structure and is set back more than 100 feet from the nearest (east) property line. The Board concludes that the proposed use will be designed to be compatible with adjacent uses based on the following findings: • The proposed building addition is located at the back (north side) of the existing school structure and is set back more than 100 feet from the nearest (east) property line. • The proposed two-story addition will replace a number of temporary and/or shed like structures. • The addition design will be reviewed by staff as part of the building permit process. • Prior to paving of the south parking area, the applicant must submit a plan to address stormwater runoff concerns at the north end of the Regina property and receive approval from the Parks and Recreation Director; and prior to a permit being issued for the building addition, the plan must be implemented, inspected, and approved by the Parks and Recreation Director. • Both parking areas will be brought into compliance with the paving, screening, shade tree, pedestrian access route, and lighting standards in the code. • Current parking demand, particularly for special events, outstrips current park A supply and , while on -street parking is available to serve overflow needs, the, ItioVI parking requested more closely aligns with actual current demand for parking ate ' s. • Expanding the parking area on the south side of the school, near RoEB99ter-Avenyeis appropriate for the following reasons: =t � a' 1 r a o Parking islands in both the north and south parking areas are used for stormwater management and both green spaces will be enhanced as part of the school expansion to provide improved stormwater management. o Properties across the street from the south parking area are nearly all commercial uses (part of the neighborhood commercial zone) save for two houses located at the north end of Rita Lyn Court. o In order to minimize the paved area and provide a more substantial buffer, the applicant has agreed to reduce the driveway aisles from 24 feet to 22 feet. The proposed parking area, which will be set below grade (requiring a 3 -foot retaining wall) with additional landscape screening as required by code, will effectively screen the first row of parking. The Board concludes the proposed use will not have significant adverse effects on the livability of nearby residential uses due to noise, glare from lights, late night operations, odors, and litter based on the following findings: • Required screening and maintaining a 20 -foot (approximate) setback for the parking area. The Regina school campus functions similar to City High and Southeast Junior High (east Iowa City's two largest schools) in terms of school days, traffic, and nighttime functions. The Board concludes that, because the building addition is located on the back of the school, out of view from the public street, the multi -family building design standards are not applicable and that, based on constraints that limit the opportunity to provide additional parking in other areas of the site, the applicant secured a Minor Modification to allow parking in the area between the school building and Rochester Avenue subject to a set of conditions regarding the minimum setback and screening of the parking area (see above). The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • A new secondary driveway entrance from First Avenue will help to alleviate traffic congestion at the intersection of Rochester Avenue and First Avenue (the driveway design will prohibit left -turning traffic/northbound vehicles from entering from First Avenue). • Maintaining a substantial setback between the parking area and sidewalk will help to preserve the safety of the pedestrian area. • Modifications to the parking areas and the new access drive onto First Avenue will require Regina to provide pedestrian access routes from the parking areas and the public sidewalk to the building entrances. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located based on the findings provided above regarding the design and legation of the addition; required compliance with all screening and exterior lighting regqqemeriR for the parking areas and building. ,.;fin c x ca -2 "'- r- N _J The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided; and that adequate measures will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on the following findings: • Regina is currently in the process of designing a new secondary access drive to First Avenue in order reduce congestion at the Rochester Avenue intersection. • Regina is addressing stormwater management on the site as part of its parking area improvements. 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: • Both parking areas will be brought into compliance with current parking area standards regarding paving, screening, shade trees, pedestrian access routes, and lighting. • A monument sign located near Rochester Avenue must be relocated according to the setback standards in the code. • Bicycle parking must also be provided in accord with the standards in the zoning code. The Board concludes that the special exception complies with the Comprehensive Plan based on the following findings: • The plan encourages the location of educational facilities in residential zones so long as they are compatible with the surrounding residential neighborhoods. • The Central District Plan designates this property as an institutional use because of Regina's historic use of the property. • Regina is, in many ways, a neighborhood school that contributes to the livability and walkability of the Central and Northeast Planning Districts and expands the many educational options that exist in Iowa City. • Regina's continued operation within the centrally located neighborhood and its ability to provide complementary facilities, including athletic facilities, similar to what is provided at other area public schools is appropriate. DISPOSTION: By a vote of 5-0 the Board approved a special exception for the expansion of a general educational facility to allow a school building addition of approximately 18,500 square feet and expansion of the parking areas to allow up to 300 parking spaces, subject to the following conditions: a. Completion of a secondary drive access to First Avenue prior to issuance of a building permit for the new school addition; b. Substantial compliance with the plans submitted with this application; o c. The parking area setback along Rochester Avenue should be set F: dAck ngo'ess t,20 feet from the street right-of-way line, with the exception of a smallar� aT=fie east bnd of the parking area, which may be reduced to 19 feet, in order tc-presewe asrMany mature trees as possible, and mature trees that are removed shop bff�epl ked in consultation with planning staff; -T d. North and south parking areas and drives must be brought into c4Wbrmence 0 all parking standards, including paving, screening, shade trees, ped8striamaccess, and lighting; ' e. Bicycle parking must be provided in conformance with code standards; f. Prior to paving of the south parking area (near Rochester Avenue), the applicant must submit a plan to and receive approval from the Parks and Recreation Director to address stormwater runoff concerns at the north end of the Regina property; and g. Prior to a permit being issued for the building addition, the stormwater plan must be implemented, inspected, and approved by the Parks and Recreation Director. The term of this special exception is extended to 2 years to allow Regina the opportunity to complete the fundraising for the school expansion. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant expire six (6) months from the date they were filed with the City Clerk, unless. have taken action within such time period to establish the use or construct the authorized under the terms of the Board's decision. City Code Section 14 -8C - City, Iowa. sFrAndmoold .� STATE OF IOWA JOHNSON COUNTY Approved by: c oAS«may 6 City Attorney's Office I, Julie Voparil, Deputy 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 10`" day of May, as the same appears of record in my Office. Dated at Iowa City, this Oki day of �n-e 20l_I VV7r1 J.0VVA )tftSoparil, Deputy CRY Clerk CO POR [AI Doc ID: 026782560002 Type: GEN Kind: DECISION Recorded: 07/17/2017 at 11:23:00 AM Fee Amt: $12.00 Pape 1 of 2 Johnson County Iowa Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, Painter County Recorder, IA 52240; 319/356-5230 SK C �+7 Q PG205-206 DECISION ;JV Q IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, June 14, 2017 EMMA J. HARVAT HALL MEMBERS PRESENT: Becky Soglin, Connie Goeb, T. Gene Chrischilles, Tim Weitzel, Bryce Parker c MEMBERS ABSENT: None C:) A- 4 r-- r.r STAFF PRESENT: Sue Dulek, Sarah Walz 1... =i c7 w OTHERS PRESENT: None�t j �v M a Q SPECIAL EXCEPTION ITEMS: r r EXC17-00004: A public hearing regarding an application submitted by Mukunda Kanfamneni to amend the conditions of a previously approved special exception, which required a barrier/gate to located on property located in the Community Commercial (CC -2) zone at 1410 Waterfront Drive. The Board concludes that a gate installed to block access across the subject property no longer serves its intended function—it is obsolete —and therefore the special exception should be amended by removing the requirement for a traffic barrier based on the following findings: • In 1997, the property at 1410 Waterfront Drive was granted a special exception (EXC97- 00003) to allow a vehicle repair use with a condition requiring a six inch (6") curb to be established along a designated portion of the property at 1410 Waterfront Drive. The requirement was intended to reduce the amount of cut -through traffic between Waterfront Drive and Gilbert Street and to discourage traffic at an intersection with a high crash rate. • In 1998, the Board granted an amendment to the original special exception, removing the requirement for a 6 -inch curb and substituting a gate or fence along a portion of the property (EXC98-00029). • In 2016, the adjacent CC -2 commercial area to the west of 1410 Waterfront Drive was redeveloped and the western portion of Waterfront Drive was vacated and the intersection of Waterfront Drive and Gilbert Street removed. As part of the development a new curb cut was established further to the south on Gilbert Street in order to provide ingress and egress. A new private drive provides circulation between Gilbert Street and the remaining portion of Waterfront Drive to the east, bypassing the gated portion of the subject property. DISPOSITION: By a vote of 5-0 the Board approves a request to amend special exception EXC98-00029 to remove a requirement that the property provide "a physical traffic barrier [gate] ... to prevent the property from becoming an access between the two portions of Waterfront Drive." Staff will present a resolution to the City Council to approve the termination of a 1999 agreement to install the traffic barrier that was recorded on September 23, 1999 in Book 2833, Page 38 in the office of the Johnson County Recorder. 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 Applicant 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: Be y So , C irperson City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Kellie 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 14th day of June 2017, as the same appears of record in my Office. Dated at Iowa City, this /3-7-91 day of 20/7 Kellie K. Fruehling,,Ci'ty Clerk CJ v C -i C7 W 8 �r ri M ,f .s- \.J 6 .c- Q 1111111 111111 III VIII VIII VIII VIII VIII VIII VIII VIII IIIA VIII VIII IIII IIII Doc ID: 026891170005 Type: GEN Kind: DECISION Recorded: 11/13/2017 at 12:29:23 PN Fee Amt: $27.00 Page 1 of 5 Johnson County Iowa Kim Painter County Recorder Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356-5230 BK 5 7 2 3 PG75 0-7 5 4 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, OCTOBER 11, 2017 (� EMMA J. HARVAT HALL MEMBERS PRESENT: Becky Soglin, T. Gene Chrischilles, Tim Weitzel, Connie Goeb, Bryce Parker MEMBERS ABSENT: None. ro STAFF PRESENT: Sue Dulek, Sarah WalzDC-) OTHERS PRESENT: Ben Kinseth, Duane Musser r F,— M SPECIAL EXCEPTION ITEMS: co 1. EXC17-00006 Public hearing regarding an application submitted by Hilton Garde Inn for a special exception to expand the hours of operation for a Rooftop Service Area ('RSA") in the Riverfront Crossings -South Downtown Sub -District at 328 S. Clinton Street. The Board concludes that extending the hours of operation for the RSA will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The proposed rooftop service area will be located on the 12th floor of the newly constructed hotel. • The RSA will be surrounded by a glass wall extending 8 feet above the floor. • The RSA is ADA accessible. • Stairways and elevators provide access to the rooftop restaurant and RSA. • The hotel building has a step back such that the upper floors of the building are set back 10 feet from the Clinton Street right-of-way. The Board concludes that extending the hours of operation for the RSA will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and will not impede the normal and orderly development and improvement or the surrounding property for uses permitted in the zone in which such property is located based on the findings above in addition to the following findings: • The RSA is screened from the view of adjacent properties to the east and south by portions of the building. • Surrounding uses are set at a much lower height: o To the west, the University of Iowa Voxman Music Building, a 6 -story non- residential structure. o Vacant property immediately to the north is proposed for the development of a 7 - story extended stay hotel. • The Clinton Street right-of-way is 100 feet wide, and the 12'" floor is set back 10 feet from the right-of-way. • A 30 -foot alley separates the subject property and the property to the north. • Amplified sound is not permitted after 10 PM. The Board concludes that all necessary utilities, access roads, drainage, and/or necessary facilities are already being provided for the newly developed properties in this area of the near downtown. The Board concludes that ingress and egress from the site are not applicable to the extended hours of operation. The Board concludes that all other aspects of the RSA must meet the standards in the code, including lighting, sound, and management plan in order for the City to permit the RSA as a provisional use. The Board concludes that the extended hours for the RSA are consistent with the Comprehensive Plan, as amended, based on the following finding: • The plan describes the South Downtown Sub -District, as "the most urban district outside the Downtown" in terms of development intensity and entertainment character. Disposition: By a vote of 4-0 (Chrischilles recused), the Board approves EXC17-00006, a special exception to extend the hours of operation for a Rooftop Service Area at 328 South Clinton to 10:00 AM to midnight Sunday through Thursday and to 10:00 AM to 2:00 AM on Friday and Saturday, subject to the following conditions: • General conformance with the site plan submitted with regard to the size and location of the RSA. • The RSA will be located on the 12`" floor of the hotel and be surrounded by a glass wall extending 8 -foot above floor level. • All aspects of the RSA must conform to code standards for the provisional use, including lighting, sound, and management plan. 2. EXC17-00007: Public hearing regarding an application submitted by RKM Investments LLC for a special exception to allow a drive-through facility in the Community Commercial (CC -2) zone at 1075 Highway 1 West. 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: o • Access to and from the subject property is from a shared cross access Ove syEotQm that C provides vehicle circulation through the shopping center. y • A shared drive connects to a signalized intersection at Highway 1. c-.) • No new curb cuts are requested. x The Board concludes that an adequate number of stacking spaces can be provided �%ens;60 traffic safety is not compromised, based on the following findings: • The submitted site plan shows adequate space for at least 5 cars to stack on"the north side of the building. • An island dividing the entry to the drive-through lane may provide space for an additional car to stack. • There is adequate space for additional stacking within the east parking area. The Board concludes that there is sufficient on site signage and pavement markings to indicate direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to ensure safe vehicular and pedestrian movement based on the following findings: • The site plan materials submitted by the applicant indicate directional signage at the entry to the drive through lane. • A condition of the special exception will require a directional sign for the drive-through be provided at the east drive entrance to Lot 3 to direct traffic directly to the drive-through lane. The Board concludes that the applicant has demonstrated that the street -facing location is preferable for the overall safety and efficiency of the site; that the location does not conflict with adjacent uses or pedestrian access and does not compromise the character of the streetscape or neighborhood in which it is located; and that stacking spaces, driveways, and drive-through windows are located to minimize potential for vehicular and pedestrian conflicts are integrated into the surrounding landscape and streetscape design of the neighborhood in which it is located based on the following findings: • Given the current configuration of the site and building it is most logical for the drive- through to circulate around the north side of the building. • The proposed location of the drive-through lane separates it from areas of property where there may be conflicts with pedestrians. • The topography of the site places the drive-through lane location approximately 12-15 feet below the grade of the highway, which reduces views of the drive-through from the portions of highway. • The proposed drive-through lane is setback more than 10 feet from the north property line, allowing space for required S2 landscaping. • Enhanced landscape screening along the northwest corner of the site, including additional trees, will further screen views of the drive-through. The Board concludes that the number of drive-through lanes, stacking spaces, and paved area necessary for the drive-through facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located, and does not diminish the design quality of the streetscape or the safety of the pedestrian environment based on the findings above and these additional findings: • The subject property is located within a commercial shopping area, the character of which is auto -oriented. • Property to the west is currently undeveloped and owned by the City of Iowa City for the purpose of airport runway clearance. Property to the north is residential. • Distance and a significant change in elevation provide a buffer between residential and commercial uses. • The applicant has proposed a single drive-through lane along the north sM of the building. o • Stacking to the north and, if necessary, to the northwest of the buildingyti Qld not confl14 with pedestrian circulation. ` r • Maintaining 5-6 stacking spaces along the north side of the building wi kirnimifb co lict with the use that shares the site (Midtown Family Restaurant). �rri 3� m CO N ry • Providing two order boards in the location of the drive-through entrance may minimize the potential for traffic to stack in the east parking area or to idle during peak hours. The Board concludes that any changes to lighting for the development must be reviewed by the building official and must comply with the standards in the zoning code in order for an occupancy permit to be issued. The Board concludes that loudspeakers or intercom systems must be located and directed to minimize disturbance to adjacent uses and finds that surrounding properties are commercial in nature. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare; will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood; and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is Located, based on the findings above and the following condition: • Required S2 landscaping along the drive-through lane and enhanced landscaping along the northwest corner of the site will be of equivalent quality to other recently developed sites along the highway corridor and in keeping with the goals of the South Central District Plan with a final plan to be approved by planning staff. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided and that adequate measures have been taken to provide ingress or egress designed so as to minimize traffic congestion on public streets based on findings noted above with regard to access to and from a common driveway system that serves the shopping center. The Board concludes that all other aspects of the site not specifically addressed here (e.g. lighting, signage, changes to building facade, any modifications to the parking area, etc.) will be reviewed as part of building permit and site plan process and must meet applicable code standards. The Board concludes that the proposed use will be consistent with the Comprehensive Plan, as amended based on the following findings: • The South Central District Plan indicates this area as appropriate for general commercial uses. • In order to ensure improved landscaping along Highway 1 as a main entryway to the city in accordance with the plan, the Board imposes a condition requiring planning staff approval of a final landscaping plan. Disposition: By a vote of 5-0, the Board approves EXC17-00007 to allow a drive-through facility for property located at 1075 Highway 1 West, subject to the following conditions: • General compliance with the site plan submitted with additional recommendAions of staff for screening along the north and northwest portions of the site. 2 IaraZcaping along the north side of the drive-through lane and additional trees, incl she tre2'f along the northwest comer of the property. > _j ^� -.— • A final landscape plan must be approved by planning staff. • All lighting and signage for the property must comply with current code skwards for t zone in which the property is located. _r � „r,� • All modifications to the building must comply with current zoning code stai3d8rdg� N f� For drive-through pick up of food or beverages, the drive-through lane must provide no fewer than 5 stacking spaces along the north side of the building. A directional sign for the drive-through be provided at the east drive entrance to Lot 3 to direct traffic directly to the drive-through lane. 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 Applicant 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. Approve Becky Scgin, Chairperson City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Kellie 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 11th day of October, 2017, as the same appears of record in my Office. Dated at Iowa City, this day of A_10W t/X-f/ , 20 J-7 Kellie Fruehling, CoClerk A C(rp ►UWA ; • no+. •seo�•• W ORAIESfk C:)� r O n �M >m M o� s 0 CO S' N ,M .4 Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JULY 12, 2017 EMMA J. HARVAT HALL MEMBERS PRESENT: Becky Soglin, T. Gene Chrischilles, Tim Weitzel MEMBERS ABSENT: Connie Goeb, Bryce Parker STAFF PRESENT: Sue Dulek, Sarah Walz, OTHERS PRESENT: Vicky Stadther SPECIAL EXCEPTION ITEMS: F ee. I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Doc ID: 026803390003 Type: GEN Kind: DECISION Recorded: 08/02/2017 at 02:02:15 PM Fee Amt: $17.00 Page 1 of 3 Johnson County Iowa Kim Painter County Recorder BK5687 PG165-167 EXC17-00005 public hearing regarding a special exception to allow expansion of an existing drive-through facility located in the Community Commercial (CC -2) zone at 1861 Lower Muscatine Road. The Board concludes that access to and from the subject site is from shared cross access drive based on the following findings: the access is a shared driveway system that provides vehicle circulation through the surrounding shopping center; there is no direct access from the McDonald's to Lower Muscatine Road; and no new curb cuts are requested for the site. The Board concludes that the number of drive-through lanes, stacking spaces, and paved area necessary for the drive-through facility will not be detrimental to adjacent residential properties; will not detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located; and paving and stacking space will not diminish the design quality of the streetscape or the safety of the pedestrian environment based on the following findings: • The drive-through is located within a commercial shopping area and adjacent uses and properties are all commercial or industrial. • Service windows face into the interior of the shopping center and are not visible from the street. • The applicant will remove 11 parking spaces along the Lower Muscatine side of the property in order to establish the required 10 -foot setback from the Lower Muscatine right-of-way as well as a pedestrian connection from the public sidewalk. The setback area will include required S2 landscape screening and shade trees (preserving or replacing those currently on the site); • The submitted site plan shows space for 6 cars to stack between the final pickup window and the order board with an additional 4 cars stacking in the area of the order board. (The zoning code recommends no fewer than 6 spaces for eating establishments.) • The proposed expansion is intended to reduce the amount of idling on site by providing an additional order board/lane. Based on the findings listed above, the Board concludes that the additional order lane will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood: will not impede the normal N O !] L ID =a rc— Er m -v M EXC17-00005 public hearing regarding a special exception to allow expansion of an existing drive-through facility located in the Community Commercial (CC -2) zone at 1861 Lower Muscatine Road. The Board concludes that access to and from the subject site is from shared cross access drive based on the following findings: the access is a shared driveway system that provides vehicle circulation through the surrounding shopping center; there is no direct access from the McDonald's to Lower Muscatine Road; and no new curb cuts are requested for the site. The Board concludes that the number of drive-through lanes, stacking spaces, and paved area necessary for the drive-through facility will not be detrimental to adjacent residential properties; will not detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located; and paving and stacking space will not diminish the design quality of the streetscape or the safety of the pedestrian environment based on the following findings: • The drive-through is located within a commercial shopping area and adjacent uses and properties are all commercial or industrial. • Service windows face into the interior of the shopping center and are not visible from the street. • The applicant will remove 11 parking spaces along the Lower Muscatine side of the property in order to establish the required 10 -foot setback from the Lower Muscatine right-of-way as well as a pedestrian connection from the public sidewalk. The setback area will include required S2 landscape screening and shade trees (preserving or replacing those currently on the site); • The submitted site plan shows space for 6 cars to stack between the final pickup window and the order board with an additional 4 cars stacking in the area of the order board. (The zoning code recommends no fewer than 6 spaces for eating establishments.) • The proposed expansion is intended to reduce the amount of idling on site by providing an additional order board/lane. Based on the findings listed above, the Board concludes that the additional order lane will not be injurious to the use and enjoyment of other property in the immediate vicinity; will not substantially diminish or impair property values in the neighborhood: will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. The Board concludes that all utilities, access roads, drainage and/or necessary facilities have been or are being provided, including pedestrian facilities located in the Lower Muscatine right- of-way based on the following findings: All access roads, utilities, and drainage are in place. Lower Muscatine Avenue was reconstructed several years ago, including a new sidewalk and storm drains within the right-of-way. The Board concludes that all other aspects of the site not specifically addressed here (e.g., lighting, signage, changes to building fagade, etc.) will be reviewed as part of building permit and site plan process. The Board concludes that the proposed expansion is not contrary to the Comprehensive plan based on the following findings: • The Southeast District Plan indicates this area as appropriate for general commercial uses. • The proposed site plan achieves improvements called for in the district plan including a pedestrian connection and improvements to the streetscape and landscaping along Lower Muscatine Road. DISPOSITION: By a vote of 3-0 (Goeb and Parker absent) the Board of Adjustment approves EXC17-00005, a special exception to allow a second order board and for the drive-through facility located in the Community Commercial (CC -2) zone at 1861 Lower Muscatine Road, subject to the following conditions: • Substantial compliance with the site plan submitted with o preserving or replacing existing large shade trees; o o narrowing the bypass lane in the area adjacent to the pedestriap3oute; Md o installing appropriate signage at the "bump out" to alert drivee LedestMM route and a "do not enter" sign to indicate direction of traffic floa6 atthernorth exit. drive. W r • All lighting and signage for the property must comply with current zoniriRccoode stand for the zone in which the property is located. c—, 7 s _ w 'J 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 Applicant 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. 93 Becky Sog , Chairperson Approved by: 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 12"' day of July, 2017, as the same appears of record in my Office. Dated at Iowa City, this ?D day of C 20 1-7 ���: _ Le elhK. e K. Fruehling, Cid Clerk a COPOATI 91 N O C V L r- r�r :d