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HomeMy WebLinkAbout06-10-2020 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT Wednesday, June 10, 2020 Electronic Meeting — 5:15 PM Zoom Meeting Platform Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting is being held because a meeting in person is impossible or impractical due to concerns for the health and safety of Commission members, staff and the public presented by COVID-19. You can participate in the meeting and can comment on an agenda item by going to: https://zoom.us/meetinq/register/tJlvd-- trpouGdLPnKBX7 3Yi5rgZ -abg3Y to visit the Zoom meeting's registration page and submitting the required information. Once approved, you will receive an email message with a link to join the meeting. If you are asked for a meeting or webinar ID, enter the ID number found in the email. If you have no computer or smartphone, or a computer without a microphone, you can call in by phone by dialing (312) 626-6799 and entering the meeting ID 962 0652 1436 when prompted. Providing comment in person is not an option. Agenda: 1. Call to Order 2. Roll Call 3. Special Exception Item a. EXC20-05: An application submitted by Southside Developers, LC requesting a special exception to allow a Community Service - Long Term Housing use in an Intensive Commercial (CI-1) zone that is adjacent to a single-family residential zone at Parcel 1022133012 on Southgate Avenue. b. EXC20-06: An application submitted by The Englert Theatre requesting a special exception to allow changes to a nonconforming sign at 221 E. Washington Street. 4. Consideration of Meeting Minutes: May 27, 2020 5. Adjournment June 10, 2020 Board of Adjustment Meeting If you will need disability -related accommodations to participate in this meeting, please contact Kirk Lehmann, Urban Planning at 319-356-5230 or at kirk-Iehmann@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Board of Adjustment Meetings Formal: July 8 / August 12 / September 9 Informal: Scheduled as needed. To: Board of Adjustment Prepared by: Kirk Lehmann, Associate Planner Item: EXC20-05 Date: June 5, 2020 Parcel Number: 1022133012 GENERAL INFORMATION: Applicant: Southside Developers, LC 711 S. Gilbert Street Iowa City, IA 52240 Contact Person: Property Owner(s): Kirsten Frey 327 Second Street, Suite 300 Coralville, Iowa 52241 319-731-2415 khf@shuttleworthlaw.com Southside Developers, LC 711 S. Gilbert Street Iowa City, IA 52240 Requested Action: Special exception for a Community Service — Long Term Housing Use in a CI-1 Zone that is adjacent to a single- family residential zone (RS-12) Purpose: Location: Location Map: To provide long term, permanent supportive housing for persons with disabilities operated by a nonprofit entity Parcel #1022133012 (not assigned but identified as 501 Southgate Avenue, Iowa City) 4 1 Size: 0.744 acres Existing Land Use and Zoning: Vacant (parking lot); Intensive Commercial (CI-1) Surrounding Land Use and Zoning: North: Commercial, Institutional, and Residential; Intensive Commercial (CI-1) East: Commercial; Intensive Commercial (CI-1) South: Residential; High Density Single -Family Residential (RS-12) with Planned Development Overlay (OPD) West: Institutional; Intensive Commercial (CI-1) Applicable Code Sections: 14-4B-3A: General Approval Criteria 14-4B-4D-6: Community Service - Long Term Housing File Date: May 8, 2020 BACKGROUND: The applicant, Southside Developers, LC, owns Parcel No. 1022133012 on Southgate Avenue and has applied to establish a permanent supportive housing facility for persons with disabilities who are identified as chronically homeless. Iowa City's Code classifies this as a Community Service - Long Term Housing use. Generally, community service uses provide local, ongoing services of a public, nonprofit, or charitable nature to the community. The specific Long Term Housing use subcategory provides long-term housing for persons with disabilities operated by a public or nonprofit agency. The only other facility in Iowa City that has this designation is Cross Park Place, located at 820 Cross Park Avenue. On the subject property, Southside Developer's management plan (addendum 2 of the application) notes that it will partner with Shelter House Community Shelter and Transition Services, a nonprofit 501(c)(3) entity, to operate the facility. Shelter House owns and operates Cross Park Place and the adjacent property to the west which has a shelter for persons experiencing homelessness that also provides other onsite case management and drop -in services. Because the subject property is adjacent to a single-family zone to the south, a special exception is required to establish a Community Service - Long Term Housing use. The Board of Adjustment may grant a special exception if the criteria discussed in this staff report are met. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare; to conserve and protect the value of property throughout the city; and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the specific criteria included in Section 14-4B-4D-6, pertaining to special exceptions to allow a Community Service — Long Term Housing use in a CI-1 zone that is adjacent to a single-family residential zone, as well as the general approval criteria in Section 14-4B-3A. For the Board of Adjustment to grant this special exception request, each of the following criterion below must be met. The burden of proof is on the applicant, and their comments regarding each criterion may be found on the attached application. Staff comments regarding each criterion are set below. Specific Standards: 14-4B-4D-6: Community Service - Long Term Housing a. Maximum Density: (1) In the CO-1, CIA and CC-2 zones: A minimum of nine hundred (900) square feet of lot area per dwelling unit is required. Dwelling units must be efficiency and/or one bedroom units. (2) In the CB-2 and CB-5 zones: Density standards for multi -family dwellings in commercial zones in chapter 2, article C of this title. FINDINGS: • The property is 32,420 square feet and is in an Intensive Commercial (CI-1) zone. Up to 36 efficiency or one -bedroom dwelling units may be built on the site. • The proposed design complies by including 36 one -bedroom dwelling units. b. Management Plan Required: The applicant must submit a site plan and a management plan that addresses potential nuisances such as loitering, noise, lighting, late night operations, odors, outdoor storage and litter. The management plan must include plans for controlling litter, loitering and noise; provisions for 24/7 on site management and/or security, and a conflict resolution procedure to resolve nuisances if they occur. The site plan and management plan must be submitted concurrently to the city, or if permitted as a special exception said plans must be submitted with the special exception application: FINDINGS: • A site plan and management plan are included in the application. • The management plan contains provisions to address potential nuisances including the following: o Loitering. Shelter House staff shall request individuals without a lease who are not welcomed as a visitor of a current tenant, volunteer, or partnering service provider to leave the premises, with the support of the Iowa City Police Department where necessary. o Noise. Tenants shall be notified of Iowa City's Noise Ordinance with the expectation that they comply so as not to disrupt the enjoyment of other tenants and surrounding property owners. In addition, staff recommends a condition that the management plan be revised to require that tenants are also provided the Disorderly House provision (Section 8-5-5). o Exterior lighting. Exterior lights will be provided at the front and rear of the property in compliance with existing code requirements to minimize glare. o Odors. Shelter House shall provide for regular solid waste removal, litter control, janitorial services, and onsite facilities. o Outdoor storage. The trash and recycling enclosure shall be located at the rear of the property and shall comply with screening requirements of the underlying zone. o Litter. Shelter House staff and/or a professional janitorial service shall survey exterior grounds, including the outdoor enclosed smoking area, and shall remove any litter daily. • The management plan includes provisions for 24/7 onsite management and for the training of staff by Shelter House to maintain a safe work environment and a safe living environment for tenants. The management plan includes conflict resolution procedures for staff to resolve disputes or other nuisances should they occur, including provisions for ongoing communication and cooperation with the Iowa City Police Department. c. Special Exception Required: A special exception is required if the proposed use is in a CO-1, CIA or CC-2 zone and is across the street from or adjacent to a single- family residential zone. FINDINGS: • The application was submitted because the property is adjacent to a property zoned as high density single-family residential (IRS-12). d. Neighborhood Meeting Required: Prior to a building permit being issued, the owner or operator of the community service - long term housing use must hold a neighborhood meeting inviting all property owners within two hundred feet (200') of the proposed use. At the neighborhood meeting, the owner or operator must provide copies of the management plan, and contact information for the management team of the proposed use. FINDINGS: • Staff will work with the owner to ensure a neighborhood meeting is held prior to issuance of a building permit. If an in -person meeting is impossible or impractical to hold due to health and safety concerns presented by COVID-19, staff will work with the applicant to conduct a virtual meeting. In the case of a virtual meeting, the applicant will deliver or mail the required materials to the neighbors. e. Site and Building Development Standards: (1) If the proposed use is located in the central planning district, it must comply with the multi -family site development standards as set forth in section 14- 213-6 of this title. (2) In the CB-2 and CB-5 zones, community service - long term housing uses must be located above the street level floor of a building. (3) The proposed facility must comply with the minimum standards as specified in the Iowa City housing code, as amended, and maintain a rental permit. (4) In the CO-1, CI-1, and CC-2 zones up to fifty percent (50%) of the first floor of the building may be occupied by residential uses. FINDINGS: • Staff will work with the owner to ensure the proposed facility meets the requirements of the City's housing code and the minimum standards necessary to maintain a rental permit. • The proposed design has less than fifty percent (50%) of the first floor of the building occupied by residential uses. General Standards: 14-413-3: Special Exception Review Requirements: The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. FINDINGS: • The proposed exception is an allowable use in the zone and compliments other uses that exist nearby including residential uses and those operated by nonprofit and public agencies. • The proposed facility will be operated by Shelter House, a nonprofit that has experience providing permanent supportive housing in a housing first model for persons with disabilities who are identified as chronically homeless. The agency has partnerships with local health providers, law enforcement, and other health and safety officials. • Shelter House staff will provide regular, onsite supportive services to tenants. • Security and management will be provided on a 24-hour basis. • The City's other Community Service - Long Term Housing use at Cross Park Place (820 Cross Park Avenue) generated 118 total "quality of life"' calls for service in 2019. This amounts to 4.9 calls per unit, a number that generally decreased over time. Other multifamily properties near Cross Park Place generated between 3.7 and 17.9 calls for service per unit in 2019. Other commercial uses in the area that are allowable in a CI-1 zone generated between 74 and 169 calls for service. Overall, this land use generates calls for service within the range of other similar and/or allowable uses in the area. • Permanent supportive housing is a proven intervention that is beneficial for general public health. 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. FINDINGS: • Tenants began moving into Cross Park Place in January 2019. Prior to its opening, properties within 1/8 mile experienced 40 "quality of life" calls for service in 2017 and 33 in 2018. After Cross Park Place's open, these properties (excluding Cross Park Place) experienced 46 "quality of life" calls for service in 2019. Meanwhile, the broader neighborhood (properties within 1/2 mile) experienced 195 such calls in 2017, 205 in 2018, and 266 in 2019. Overall, this Community Service - Long Term Housing use has not affected quality of life calls in its immediate vicinity compared to the surrounding neighborhood. • Properties within 300 feet of Cross Park Place have not been reassessed since that property was fully leased, but the most recent Iowa City assessment data indicates that nearby property values have increased or remained stable while details about that project were public. • The proposed use is similar to those found at nearby properties, including residential and institutional uses, and is of a similar scale to nearby buildings. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. ' "Quality of Life" calls for service are defined as calls to the Iowa City Police Department that impact the neighborhood and community. They include four main categories (crimes against persons, nuisance crimes, property crimes, and suspicious/unknown calls). See the attached memo "Analysis of Calls for Service at 820 Cross Park Avenue" dated June 4, 2020. FINDINGS: • The proposed project will not affect the development and/or improvement of surrounding properties for uses permitted in the district. Other properties near the proposed use that are within the same zoning district contain institutional uses where nonprofits provide housing and/or services. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: • Surrounding properties are already developed with utilities, access roads, drainage, and necessary facilities established. Pedestrian and transit access are available near the proposed facility. • The proposed facility will need to comply with all relevant City codes, including codes pertaining to utility hook ups, access, and site drainage. • Staff will work with the owner to ensure the proposed facility meets all relevant City codes prior to issuance of a building permit. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • Vehicle ownership for the target population of the development is lower than average. Current street access is adequate to carry additional traffic. The site plan indicates adequate parking spaces for the use and underlying zone. • The proposed project is served by both pedestrian and nearby transit facilities. • The proposed facility will need to comply with all relevant City codes, including codes pertaining to ingress and egress. • Staff will work with the owner to ensure the proposed facility meets all relevant City codes prior to issuance of a building permit. 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. FINDINGS: • The proposed facility will need to comply with all relevant City codes, including codes pertaining to zoning setbacks and other site development standards. • Staff will work with the owner to ensure the proposed facility meets all relevant City codes prior to issuance of a building permit. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: • The Future Land Use Map of the Comprehensive Plan designates this area for Intensive Commercial. The Future Land Use Map of the South District Plan designates this area for Commercial. The Zoning Code includes this as an appropriate use within commercial zones. The South District Plan specifies that there is an opportunity in commercial areas to "explore the potential for mixed use[,] residential or institutional uses' as long as it "contributes to the overall health of the surrounding neighborhood" (p.51). The Comprehensive Plan's vision supports Compatible Infill Development, a Diversity of Housing Types, and Affordable Housing (p. 21). The Plan also contains strategies ensuring "that infill development is compatible and complementary to the surrounding neighborhood" (p. 24) and supporting "infill development... in areas where services and infrastructure are already in place" (p. 28). The Comprehensive Plan contains a goal to "Encourage a diversity of housing options in all neighborhoods' by ensuring "a mix of housing types within each neighborhood" (p.28). Narrative throughout clarifies that "By allowing for a mix of housing types, moderately priced housing can be incorporated into a neighborhood, rather than segregated in one or two areas of the community" (p.21). Narrative in the South District Plan notes that the high demand for affordable housing has led to "a concentration of poverty that has implications for the community as a whole as well as the school district" (p. 16). To help address these goals, the City adopted an Affordable Housing Location Model which guides City assistance for affordable housing away from "neighborhoods and elementary schools that already have ... a concentration of poverty." Exemptions are granted for projects that provide housing for persons with disabilities. This proposed project is consistent with Iowa City's Comprehensive Plan and complies with relevant policies that help address its goals and strategies. STAFF RECOMMENDATION: Staff recommends approval of EXC20-05, to allow the establishment of a Community Service — Long Term Housing use in a CI-1 Zone that is adjacent to a single-family residential zone at Parcel 1022133012, subject to the following conditions: 1. If the tenant, not the owner, is the operator of the community service - long term housing use, there must be a written lease between the owner and tenant, and a copy must be made available to the City upon request; 2. The final site plan must substantially comply with the submitted site plan, or any changes to it must comply with the site development standards and other applicable requirements of the City Code. 3. Prior to the issuance of a building permit, the management plan must be revised to require that tenants are provided a copy of the Disorderly House Ordinance (Iowa City Code Section 8-5-5) in addition to the Noise Control Ordinance (Iowa City Code Section 6-4) and be signed by the operator. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Memo: Analysis of Calls for Service at 820 4. Assessor Message and Data 5. Application Materials Approved by: Cross Park Avenue, dated June 4, 2020 Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services CITY OF 1 O WA CITY MEMORANDUM Date: June 4, 2020 To: City of Iowa City Board of Adjustment From: David Schwindt, Police Officer Re: Analysis of Calls for Service at 820 Cross Park Avenue Introduction: In January 2019, Shelter House opened Cross Park Place at 820 Cross Park Avenue in Iowa City. Cross Park Place contains 24 one -bedroom apartments which house chronically homeless individuals who are frequent users of high cost public services. This memo analyzes public safety calls for service at Cross Park Place and the surrounding area, including police, fire, and ambulance activity. The agencies responsible for these services are the Iowa City Police Department (ICPD), Iowa City Fire Department (ICFD), and the Johnson County Ambulance Service (JCAS). The goal is to identify any negative impacts on the surrounding neighborhood that can be attributed to the introduction of this housing model. The analysis explores the amount and types of calls for service, and how calls for service have changed in the neighborhood both prior to its opening and for its first year of operation. Overall, this analysis finds that public safety calls for service at Cross Park Place were comparable other commercial and multi -residential properties in the neighborhood. Further, after comparing three years of data, the increase in calls was comparable to the surrounding area which suggests Cross Park Place had little or no negative impact on the surrounding properties. Service Call Volume: During 2019, a total of 266 calls for service were generated for Cross Park Place (see Figure 1). The type of call influences which agencies respond. For example, a medical emergency may include a police, fire, and ambulance response. Each such event accounts for one (1) of the 266 calls for service. While the sirens of responding public safety vehicles can have a negative impact, neighborhood quality of life is most negatively impacted by nuisance, property, and violent crimes. These are issues handled by ICPD, not fire or ambulance services. Since fire and ambulance calls for service are overwhelmingly due to physical health issues, the main focus of this analysis is on police department calls for service. When analyzing calls for service at Cross Park Place across all departments, one trend is consistent: the number of calls has trended downward. For example, fire and ambulance services experienced a 27.9% decrease in calls at Cross Park Place during the 2nd half of 2019. This is likely attributable to several factors, including on -site medical services, on -site case management, and connecting residents with more appropriate and coordinated care. ICDP generated 232 calls for service at Cross Park Place in 2019. Prior to COVID-19, departmental policy required officers to respond to the physical location of a call for service, in most instances, even for routine questions. Officers were also encouraged to engage in community policing activities, which includes visiting businesses and other locations to build a relationship with staff, residents, and citizens. Each of these activities, whether reactive or proactive, generated a call for service. As with medical calls, administrative and community policing calls for service are not considered when analyzing any negative impact on the neighborhood. June 4, 2020 Page 2 JCAS responded to 74 calls for service at Cross Park Place in 2019. The JCAS records indicate the ambulance responded with sirens on all 74 calls. There may have been instances where the ambulance downgraded their response before arriving, which would include disabling the siren, but that information was not available for this analysis. ICFD responded to 74 calls for service at Cross Park Place in 2019. Of these, approximately 40 involved a response that likely included the use of sirens when they arrived. Figure 1: 2019 Monthly Calls for Service at Cross Park Place by Department NOTE.' One (1) police call for service at Cross Park Place was removed from this visualization. It occurred on 0112912019, the first day of services, and unfairly shifted the trend line for police services. This call will be included in the remaining analysis. Types of Calls for Service: To focus on quality of life issues around Cross Park Place that could impact the neighborhood and community, ICPD calls for service were isolated and administrative and community policing calls were removed (see Figure 2). These calls are further broken down into four main categories: • Crimes against persons (calls related to assault, domestic abuse, threats, and weapons) • Nuisance crimes (calls related to animals, disturbances, harassment, intoxication, and trespass) • Property crimes (calls related to burglary, criminal mischief, fraud, and theft) • Suspicious/unknown (calls substance abuse and suspicious activity) June 4, 2020 Page 3 Figure 2: 2019 Monthly Quality of Life Calls for Service at Cross Park Place by Category icc0 IINCT Tseasory cPom(o.o1p)/o1•oii/cFs oarerlOPC- 4 3I 3 3 ■ 3 oill , suspl ous/uuu rvDwry U4 4 1 1 Z mi� 1 1 July I.IN— M—h u— September December kprll July 0'.b— Janu. RCTim[J—[2DI M—hrt CT..D—T..J—[2D3'J] I M.l: CTSD—T-3—[201D] Another indicator of how calls for service can affect quality of life is by examining the outcome. During 2019, 12 calls for service resulted in the arrest of an individual. The arrested person may or may not have been a resident of Cross Park Place; there were some instances where individuals would come to Cross Park Place to see someone, whether invited or not, and commit a crime while at the property. Generally, this suggests only a small number of calls for service at Cross Park Place involved a crime requiring a mandatory arrest or an individual that responding officers felt was a threat to public safety, if they were not immediately taken into custody. Figure 3: 2019 Calls for Service Outcomes at Cross Park Place CI—d DY INCIDENT REPORTTAXEN 4RREE7 MLF or W4RNING ISSUED v£ CHARD ED/R__.- NOISE I;_ 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 MAR—t,RM ID Change in Calls for Service: The following pages map three years of police quality of life calls for service in the neighborhood surrounding Cross Park Place (Figures 4-5). Calls for Cross Park Place specifically are excluded from these maps to allow the reader to see potential effects on other properties. Generally, no patterns emerge that suggest Cross Park Place has generated a substantially larger number of quality of life calls for service at surrounding properties (within 1/8 mile or 660 feet) than have occurred prior to its opening or than occurred within the broader neighborhood (within 1/2 mile or 2,640 feet). June 4, 2020 Page 4 Figure 4: ICPD Quality of Life Calls for Service Map (1/8-mile radius) 2017 M,p,(1/8 milx) vmmxe. • • �'y3^ane • � E 9 2017 - 40 Calls for Service 2018 M9pp, (1/0 mile) �^mae vmmxe- I • � E 2018 - 33 Calls for Service 2019 Mapp g 1,3, p w .« Mm �• �N 0VMw" r § pane 9 w�M1u 2019 - 45 Calls for Service June 4, 2020 Page 5 Figure 5: ICPD Quality of Life Calls for Service Map (1/2-mile radius) 2017 M,p,(1/C milt) LL mX � "mvaa �z • � E 1 z py 9 2017 - 195 Calls for Service 2018 M9ppiiy (1/<mile) mvn � fff• 9n am.mai �^mae w• gppp� z � z 9 2018 - 205 Calls for Service Z.- . aopwg (lbm�ef . • vww �weo aaa.• 1♦i� e l IW`eve • nP®H � _ °STY �:� .• � T • y � a 1 2019 - 266 Calls for Service June 4, 2020 Page 6 Calls for Service Compared to Other Comparable/Allowable Uses: For comparison, the following map shows the number of quality of life calls for service in 2019 at various locations (Figure 6). Both multi -family housing complexes, which are a comparable use, and commercial uses, which would be allowed on the site as zoned, are included. These locations were chosen because of their proximity to Cross Park Place and the number of calls for service at their location. Overall, these sites appear to have similar levels of quality of life calls for service activity as Cross Park Place, which suggests that Cross Park Place does not create a disproportionately negative impact on surrounding properties compared to other comparable properties or allowable uses within its zone. Figure 6: 2019 Quality of Life Calls for Service at Nearby Locations \ SMV MCII a f 0Q Suburban a. B Sw•gahAte tiaa vJL %in • Cmss Park Vlace (MUnlh) IIH Conclusion: Based on this review of call for service data: Pali Mark Twaln Elementary MaralPv 60 5MtlAe Markus, Elnnenrwy OMod CauY•s kweWIX 169 \ 19260roatlway5t it Units) 1302XOIlywiaBI EVE 01 • (LS Vnrta) A!e 133 1956Broa0wry 5[ (35 Unlb) eN bi • One-half of the calls for service at Cross Park Place were for administrative purposes, which should not affect quality of life. • Less than 11 % of quality of life calls for service resulted in an arrest. • The increase in quality of life calls for service from 2017 to 2019 was comparable to the surrounding area which suggests Cross Park Place had little or no negative impact on the surrounding properties. • Cross Park Place generated a comparable number of quality of life calls for service to other similar (multi -family) and allowable (commercial) uses. Iowa City Assessor Data, dated May 4, 2020 Parcel Number Property Address 2019 Total Value 2019 Total Value 2020 Total Value 2019-2019 % Change 2019-2021 % Change 1022101009 817 PEPPERWOOD LN $ 905,590 $ 974,160 $ 974,160 7.6% 0.0% 1022101010 2030 KEOKUK ST $ 282,970 $ 297,100 $ 297,100 5.0% 0.0% 1022101011 2040 KEOKUK ST $ 374,850 $ 396,000 $ 396,000 5.6% 0.0% 1022101013 820 CROSS PARK AVE $ 87,330 $ 1,950,890 $ 2,045,030 2133.9% 4.8% Cross Park Place New Construction 1022101016 845 PEPPERWOOD LN $ 1,653,280 $ 1,817,220 $ 1,817,220 9.9% 0.0% 1022101020 2010 KEOKUK ST $ 458,120 $ 494,940 $ 484,940 5.9% 0.0% 1022105003 2001 KEOKUK STAPT 1 $ 64,790 $ 69,850 $ 69,850 7.8% 0.0% 1022105004 2001 KEOKUK STAPT 2 $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105005 2001 KEOKUK STAPT 3 $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105006 2001 KEOKUK STAPT4 $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105007 2001 KEOKUK STAPT S $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105008 2001 KEOKUK STAPT 6 $ 64,790 $ 69,850 $ 69,850 7.8% 0.0% 1022105009 2001 KEOKUK STAPT 7 $ 65,530 $ 70,650 $ 70,650 7.8% 0.0% 1022105010 2001 KEOKUK STAPT 8 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105011 2001 KEOKUK STAPT 9 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105012 2001 KEOKUK STAPT 10 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105013 2001 KEOKUK STAPT 11 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105014 2001 KEOKUK STAPT 12 $ 65,530 $ 70,650 $ 70,650 7.8% 0.0% 1022105015 2017 KEOKUK STAPT 1 $ 65,950 $ 71,090 $ 71,090 7.8% 0.0% 1022105016 2017 KEOKUK STAPT 2 $ 52,180 $ 56,340 $ 56,340 8.0% 0.0% 1022105017 2017 KEOKUK STAPT 3 $ 52,180 $ 56,340 $ 56,340 8.0% 0.0% 1022105018 2017 KEOKUK STAPT 4 $ 65,540 $ 70,660 $ 70,660 7.8% 0.0% 1022105019 2017 KEOKUK STAPT S $ 52,180 $ 56,340 $ 56,340 8.0% 0.0% 1022105020 2017 KEOKUK STAPT 6 $ 52,180 $ 56,340 $ 56,340 8.0% 0.0% 1022105021 2017 KEOKUK STAPT 7 $ 52,180 $ 56,340 $ 56,340 8.0% 0.0% 1022105022 2017 KEOKUK STAPT 8 $ 65,960 $ 71,120 $ 71,120 7.8% 0.0% 1022105023 2017 KEOKUK STAPT 9 $ 52,700 $ 56,910 $ 56,910 8.0% 0.0% 1022105024 2017 KEOKUK STAPT 10 $ 52,700 $ 56,910 $ 56,910 8.0% 0.0% 1022105025 2017 KEOKUK STAPT 11 $ 66,390 $ 71,590 $ 71,590 7.8% 0.0% 1022105026 2017 KEOKUK STAPT 12 $ 52,700 $ 56,910 $ 56,910 8.0% 0.0% 1022105027 2017 KEOKUK STAPT 13 $ 52,700 $ 56,910 $ 56,910 8.0% 0.0% 1022105028 2017 KEOKUK STAPT 14 $ 65,960 $ 71,120 $ 71,120 7.8% 0.0% 1022105029 2033 KEOKUK STAPT 1 $ 64,790 $ 69,850 $ 69,850 7.8% 0.0% 1022105030 2033 KEOKUK STAPT 2 $ 65,260 $ 70,370 $ 70,370 7.1% 0.0% 1022105031 2033 KEOKUK STAPT 3 $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% Iowa City Assessor Data, dated May 4, 2020 1022105032 2033 KEOKUK STAPT4 $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105033 2033 KEOKUK STAPT S $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105034 2033 KEOKUK STAPT 6 $ 64,790 $ 69,850 $ 69,850 7.8% 0.0% 1022105035 2033 KEOKUK STAPT 7 $ 65,530 $ 70,650 $ 70,650 7.8% 0.0% 1022105036 2033 KEOKUK STAPT 8 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105037 2033 KEOKUK STAPT 9 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105038 2033 KEOKUK STAPT 10 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105039 2033 KEOKUK STAPT 11 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105040 2033 KEOKUK STAPT 12 $ 65,530 $ 70,650 $ 70,650 7.8% 0.0% 1022105041 2103 KEOKUK STAPT 1 $ 64,790 $ 69,850 $ 69,850 7.8% 0.0% 1022105042 2103 KEOKUK STAPT 2 $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105043 2103 KEOKUK STAPT 3 $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105044 2103 KEOKUK STAPT4 $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105045 2103 KEOKUK STAPT S $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105046 2103 KEOKUK STAPT 6 $ 64,790 $ 69,850 $ 69,850 7.8% 0.0% 1022105047 2103 KEOKUK STAPT 7 $ 65,530 $ 70,650 $ 70,650 7.8% 0.0% 1022105048 2103 KEOKUK STAPT 8 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105049 2103 KEOKUK STAPT 9 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105050 2103 KEOKUK STAPT 10 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105051 2103 KEOKUK STAPT 11 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105052 2103 KEOKUK STAPT 12 $ 65,530 $ 70,650 $ 70,650 7.8% 0.0% 1022105053 2119 KEOKUK STAPT 1 $ 64,790 $ 69,850 $ 69,850 7.8% 0.0% 1022105054 2119 KEOKUK STAPT 2 $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105055 2119 KEOKUK STAPT 3 $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105056 2119 KEOKUK STAPT4 $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105057 2119 KEOKUK STAPT S $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105058 2119 KEOKUK STAPT 6 $ 64,790 $ 69,850 $ 69,850 7.8% 0.0% 1022105059 2119 KEOKUK STAPT 7 $ 65,530 $ 70,650 $ 70,650 7.8% 0.0% 1022105060 2119 KEOKUK STAPT 8 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105061 2119 KEOKUK STAPT 9 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105062 2119 KEOKUK STAPT 10 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105063 2119 KEOKUK STAPT 11 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105064 2119 KEOKUK STAPT 12 $ 65,530 $ 70,650 $ 70,650 7.8% 0.0% 1022105065 2135 KEOKUK STAPT 1 $ 64,790 $ 69,850 $ 69,850 7.8% 0.0% 1022105066 2135 KEOKUK STAPT 2 $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105067 2135 KEOKUK STAPT 3 $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105068 2135 KEOKUK STAPT4 $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% Iowa City Assessor Data, dated May 4, 2020 1022105069 2135 KEOKUK STAPT S $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105070 2135 KEOKUK STAPT 6 $ 64,790 $ 69,850 $ 69,850 7.8% 0.0% 1022105071 2135 KEOKUK STAPT 7 $ 65,530 $ 70,650 $ 70,650 7.8% 0.0% 1022105072 2135 KEOKUK STAPT 8 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105073 2135 KEOKUK STAPT 9 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105074 2135 KEOKUK STAPT 10 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105075 2135 KEOKUK STAPT 11 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105076 2135 KEOKUK STAPT 12 $ 65,530 $ 70,650 $ 70,650 7.8% 0.0% 1022105077 2151 KEOKUK STAPT 1 $ 65,940 $ 70,560 $ 70,560 7.0% 0.0% 1022105078 2151 KEOKUK STAPT 2 $ 52,180 $ 56,340 $ 56,340 8.0% 0.0% 1022105079 2151 KEOKUK STAPT 3 $ 52,180 $ 56,340 $ 56,340 8.0% 0.0% 1022105080 2151 KEOKUK STAPT4 $ 65,540 $ 70,660 $ 70,660 7.8% 0.0% 1022105081 2151 KEOKUK STAPT S $ 52,180 $ 56,340 $ 56,340 8.0% 0.0% 1022105082 2151 KEOKUK STAPT 6 $ 52,180 $ 56,340 $ 56,340 8.0% 0.0% 1022105083 2151 KEOKUK STAPT 7 $ 52,180 $ 56,340 $ 56,340 8.0% 0.0% 1022105084 2151 KEOKUK STAPT 8 $ 65,960 $ 71,120 $ 71,120 7.8% 0.0% 1022105085 2151 KEOKUK STAPT 9 $ 52,700 $ 56,910 $ 56,910 8.0% 0.0% 1022105086 2151 KEOKUK STAPT 10 $ 52,700 $ 56,910 $ 56,910 8.0% 0.0% 1022105087 2151 KEOKUK STAPT 11 $ 66,390 $ 71,590 $ 71,590 7.8% 0.0% 1022105088 2151 KEOKUK STAPT 12 $ 52,700 $ 56,910 $ 56,910 8.0% 0.0% 1022105089 2151 KEOKUK STAPT 13 $ 52,700 $ 56,910 $ 56,910 8.0% 0.0% 1022105090 2151 KEOKUK STAPT 14 $ 65,960 $ 71,120 $ 71,120 7.8% 0.0% 1022105091 2167 KEOKUK STAPT 1 $ 64,790 $ 69,850 $ 69,850 7.8% 0.0% 1022105092 2167 KEOKUK STAPT 2 $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105093 2167 KEOKUK STAPT 3 $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105094 2167 KEOKUK STAPT 4 $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105095 2167 KEOKUK STAPT S $ 65,260 $ 70,370 $ 70,370 7.8% 0.0% 1022105096 2167 KEOKUK STAPT 6 $ 64,790 $ 69,850 $ 69,850 7.8% 0.0% 1022105097 2167 KEOKUK STAPT 7 $ 65,530 $ 70,650 $ 70,650 7.8% 0.0% 1022105098 2167 KEOKUK STAPT 8 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105099 2167 KEOKUK STAPT 9 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105100 2167 KEOKUK STAPT 10 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105101 2167 KEOKUK STAPT 11 $ 65,770 $ 70,930 $ 70,930 7.8% 0.0% 1022105102 2167 KEOKUK STAPT 12 $ 65,530 $ 70,650 $ 70,650 7.8% 0.0% 1022105103 2001 KEOKUK ST $ 149,120 $ 152,140 $ 152,140 2.0% 0.0% 1022106001 861 CROSS PARK AVE #1053 $ 2,488,800 $ 2,798,930 $ 2,798,930 12.5% 0.0% 1022107001 801 CROSS PARK AVE APT 1A $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% Iowa City Assessor Data, dated May 4, 2020 1022107002 801 CROSS PARK AVE APT IB $ 64,100 $ 69,130 $ 69,130 7.8% 0.0% 1022107003 801 CROSS PARK AVE APT IC $ 64,100 $ 69,130 $ 69,130 7.8% 0.0% 1022107004 801 CROSS PARK AVE APT ID $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107005 801 CROSS PARK AVE APT 2A $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107006 801 CROSS PARK AVE APT 2B $ 64,720 $ 69,790 $ 69,790 7.8% 0.0% 1022107007 801 CROSS PARK AVE APT 2C $ 64,720 $ 69,790 $ 69,790 7.8% 0.0% 1022107008 801 CROSS PARK AVE APT 2D $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107009 801 CROSS PARK AVE APT 3A $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107010 801 CROSS PARK AVE APT 3B $ 64,720 $ 69,790 $ 69,790 7.8% 0.0% 1022107011 801 CROSS PARK AVE APT 3C $ 64,720 $ 69,790 $ 69,790 7.8% 0.0% 1022107012 801 CROSS PARK AVE APT 3D $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107013 815 CROSS PARK AVE APT 1A $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107014 815 CROSS PARK AVE APT IB $ 64,100 $ 69,130 $ 69,130 7.8% 0.0% 1022107015 815 CROSS PARK AVE APT IC $ 64,100 $ 69,130 $ 69,130 7.8% 0.0% 1022107016 815 CROSS PARK AVE APT ID $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107017 815 CROSS PARK AVE APT 2A $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107018 815 CROSS PARK AVE APT 2B $ 64,720 $ 69,790 $ 69,790 7.8% 0.0% 1022107019 815 CROSS PARK AVE APT 2C $ 64,720 $ 69,790 $ 69,790 7.8% 0.0% 1022107020 815 CROSS PARK AVE APT 2D $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107021 815 CROSS PARK AVE APT 3A $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107022 815 CROSS PARK AVE APT 3B $ 64,720 $ 69,790 $ 69,790 7.8% 0.0% 1022107023 815 CROSS PARK AVE APT 3C $ 64,720 $ 69,790 $ 69,790 7.8% 0.0% 1022107024 815 CROSS PARK AVE APT 3D $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107025 831 CROSS PARK AVE APT 1A $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107026 831 CROSS PARK AVE APT IB $ 64,100 $ 69,130 $ 69,130 7.8% 0.0% 1022107027 831 CROSS PARK AVE APT IC $ 64,100 $ 69,130 $ 69,130 7.8% 0.0% 1022107028 831 CROSS PARK AVE APT ID $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107029 831 CROSS PARK AVE APT 2A $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107030 831 CROSS PARK AVE APT 2B $ 64,720 $ 69,790 $ 69,790 7.8% 0.0% 1022107031 831 CROSS PARK AVE APT 2C $ 64,720 $ 69,790 $ 69,790 7.8% 0.0% 1022107032 831 CROSS PARK AVE APT 2D $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107033 831 CROSS PARK AVE APT 3A $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107034 831 CROSS PARK AVE APT 3B $ 64,720 $ 69,790 $ 69,790 7.8% 0.0% 1022107035 831 CROSS PARK AVE APT 3C $ 64,720 $ 69,790 $ 69,790 7.8% 0.0% 1022107036 831 CROSS PARK AVE APT 3D $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107037 845 CROSS PARK AVE APT 1A $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107038 845 CROSS PARK AVE APT IB $ 64,100 $ 69,130 $ 69,130 7.8%1 0.0% Iowa City Assessor Data, dated May 4, 2020 1022107039 845 CROSS PARK AVE APT IC $ 64,100 $ 69,130 $ 69,130 7.8% 0.0% 1022107040 845 CROSS PARK AVE APT ID $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107041 845 CROSS PARK AVE APT 2A $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107042 845 CROSS PARK AVE APT 2B $ 64,720 $ 69,790 $ 69,790 7.8% 0.0% 1022107043 845 CROSS PARK AVE APT 2C $ 64,720 $ 69,790 $ 69,790 7.8% 0.0% 1022107044 845 CROSS PARK AVE APT 2D $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107045 845 CROSS PARK AVE APT 3A $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022107046 845 CROSS PARK AVE APT 3B $ 64,720 $ 69,790 $ 69,790 7.8% 0.0% 1022107047 845 CROSS PARK AVE APT 3C $ 64,720 $ 69,790 $ 69,790 7.8% 0.0% 1022107048 845 CROSS PARK AVE APT 3D $ 63,950 $ 68,960 $ 68,960 7.8% 0.0% 1022108008 $ 46,490 $ 46,490 $ 46,490 0.0% 0.0% 1022108009 $ 217,310 $ 229,300 $ 229,300 5.5% 0.0% 1022108010 925 HIGHWAY E $ 2,434,520 $ 2,577,270 $ 2,577,270 5.9% 0.0% 1022108011 $ 80,840 $ 83,660 $ 83,660 3.5% 0.0% 1022108012 $ 1,926,050 $ 1,977,030 $ 1,977,030 2.6% 0.0% 1022109001 2048 KEOKUK ST $ 101,550 $ 100,700 $ 100,700 -0.8% 0.0% Downward Correction made to the square footage per Iowa City Assessor on May 4, 2020 1022109002 2050 KEOKUK ST $ 163,540 $ 166,990 $ 166,990 2.1% 0.0% 1022109003 800 CROSS PARK AVE $ 112,400 $ 119,630 $ 119,630 6.4% 0.0% 1022109004 802 CROSS PARK AVE $ 112,400 $ 119,630 $ 119,630 6.4% 0.0% 1022109005 804 CROSS PARK AVE $ 112,400 $ 119,630 $ 119,630 6.4% 0.0% 1022109006 806 CROSS PARK AVE $ 112,400 $ 119,630 $ 119,630 6.4% 0.0% 1022110001 851 HIGHWAY 6 E UNIT 101 $ 1,661,610 $ 2,586,400 $ 2,751,520 55.7% 6.4% 1022110002 851 HIGHWAY 6 E UNIT 102 $ 747,540 $ 1,361,780 $ 1,361,780 82.2% 0.0% 1022110003 851 HIGHWAY 6 E UNIT 103 $ 793,660 $ 1,412,240 $ 1,435,170 77.9%1 1.6% Kirk Lehmann From: City Assessor <cityassr@cojohnson.ia.us> Sent: Monday, May 4, 2020 4:40 PM To: Kirk Lehmann Subject: RE: [External Email] Cross Park Place Kirk, There was a correction made to the square footage of the unit at 2048 Keokuk. The change did not have anything to do with surrounding property. We have not done a market revaluation of that area since 820 Cross Park was built and occupied. Generally our market analysis is done on the odd -numbered years. Most property values did not change for 2020 unless there was new construction or corrections made. Brad Comer Iowa City Assessor Johnson County Administration Building 913 S. Dubuque St. Iowa City, IA 52240 (319)356-6066 bcomerCeDco.iohnson.ia.us iowacity. iowaassessors.com From: Kirk Lehmann <Kirk-Lehmann@iowa-city.org> Sent: Monday, May 4, 2020 4:20 PM To: City Assessor <cityassr@co.johnson.ia.us> Subject: RE: [External Email] Cross Park Place One property (2048 Keokuk St) had falling values. Do you have any insight as to what caused that property's value to fall? _xc a 0Q6 APPLICATION TO THE SOAR® OF ADJUSTMENT SPECIAL EXCEPTION DATE: May 8, 2020 PROPERTY PARCEL NO. 1022133012 PROPERTY ADDRESS: (None assigned but identified as 501 Southgate Avenue) PROPERTY ZONE: CI-1 PROPERTY LOT SIZE: 0.744 acres Name: Southside Developers, LC APPLICANT: 711 S. Gilbert Street, Iowa City, IA 52240 Address: Phone: Email: Name: Kirsten H. Frey CONTACT PERSON: 327 Second Street, Suite 300, Coralville, Iowa 52241 (if other than applicant) Address: 319-731-2415 Phone: khf@shuttleworthlaw.com Email: same as Applicant Name: PROPERTY OWNER: (if other than applicant) Address: Phone: Email: Specific Requested Special Exception; please list the description and section number in the zoning code that addresses the specific special exception you are seeking. If you cannot find this information or do not know which section of the code to look in, please contact Anne Russett at 356-5251 or e-mail anne-russettta'Nowa-city.org. u<6-a.o-6c cnmmontly service- Long Term Housing. Required as me Purpose for special exception: prpperois xonedcl-0andadia bto an RS-12 single family residential zone. Thisspedal exoeptiun appfeation is for bm, term permanent sup,amys housing for persons wth a disadlr y operated by a nonpmft on., Date of previous application or appeal filed, if any: none Shutdeworffi & INGERSOLL" ATTORNEYS AT I.AW • E:STABLISHED 1854 May 8, 2020 Board of Adjustment City of Iowa City Ladies and Gentleman: Enclosed please find an Application for Special Exception filed on behalf of my client, Southside Developers, LC. Southside Developers (the "Applicant") seeks to develop the property located on Southgate Avenue and known as Parcel No. 1022133012 in order to provide Permanent Supportive Housing to individual persons with disabilities who are also identified as chronically homeless from our community. In order to meet this objective, the Applicant is required to seek a Special Exception to allow for Community Service — Long Term Housing under Iowa City Code. Under Iowa City Code, the Board must find that the specific proposed exception or variance meets the applicable approval criteria as set forth in chapter 4, article B of Title 14 of Iowa City Code. Under Title14, chapter 4, article B, the Applicant must prove by a preponderance of the evidence that it meets the general approval criteria set forth under that title, as well as the specific approval criteria laid out in that same chapter for the use intended, at this case, Community Service — Long Term Housing. These criteria are laid out specifically anal answered comprehensively in the enclosed application. In addition, you will find the legal description as required, and the site plan documenting and setting forth the plans as required under the Code. Further, you will find the required management plan between the Owner/Applicant. Southside Developers, and the nonprofit agency, Shelter House, who will operate the facility per the terms of the Code, as they have a proven track record of performance and operation of these facilities. We look forward to sharing the application and supporting documents with you. r Very truly yours, Kirsten H. Frey khfashuttleworthlaw. om Shuttleworth & Ingersoll, P.L.C. Phone: 319.365.9461 PO Box 2107 Fax: 319.365.8443 Cedar Rapids, IA 52406-2107 shuttleworthlaw.com Cedar Rapids Office 115 3rd St. SE, Suite 500 Cedar Rapids, IA 52401 Coralville Office 327 2nd St., Suite 300 Coralville, IA 52241 CITY OF IOWA CITY REVENUE DIVISION 410 E WASHINGTON ST IOWA CITY, IA 52240 (319) 356-5066 011585-0001 Jeffrey T 05/11/2020 10:03AM MISCELLANEOUS Description: OTHER (OTHER) Reference 1: EXC Reference 2: 20-000005 OTHER (OTHER) 2020 Item: OTHER 1 @ 460.00 OTHER (OTHER) 460.00 95900000-101100- 460.00D 10610620-341200- 460.00C Payment Id: 404786 Subtotal Total -------------- 460.00 460.00 460.00 CHECK 460.00 Check Number 18162 -------------- Change due 0.00 Paid by: SHELTER HOUSE THANK YOU FOR YOUR PAYMENT CUSTOMER COPY -2- In order for your application to be considered complete, you must provide responses to all of the information requested below. Failure to provide this information may delay the hearing date for your application. A pre -application consultation with Planning staff is STRONGLY recommended to ensure that your application addresses all of the required criteria. As the applicant, you bear the burden of proof for showing that the requested exception should be granted. Because this application will be presented to the Board of Adjustment as your official statement, you should address all the applicable criteria in a clear and concise manner. INFORMATION TO BE PROVIDED BY APPLICANT: A. Leaal description of property (attach a separate sheet if necessary): You can find the legal description and parcel number for your property by doing a parcel search for your address on the Assessor's website at www.iowacity.iowaassessors.com/or by calling 319-356-6066. B. Plot Plan/Site Plan drawn to scale showing all of the following information: 1. Lot with dimensions; 2. North point and scale; 3. Existing and proposed structures with distances from property lines; 4. Abutting streets and alleys; h=' 5. Surrounding land uses, including location and record owner of each`}. property opposite or abutting the property in question; 6. Parking spaces and trees - existing and proposed. -- 7. Any other site elements that are to be addressed in the specific criteriaior your special exception (i.e., some uses require landscape screening, bu#f4rs, stacking spaces, etc.) C. Specific Aporoval Criteria: In order to grant a special exception, the Board must tfnd that the requested special exception meets certain specific approval criteria listed within the Zoning Code. In the space below or on an attached sheet, address each of the criteria that apply to the special exception being sought. Your responses to these criteria should just be opinions, but should provide specific information demonstrating that the criteria are being met. (Specific approval criteria for uses listed as special exceptions are described in 144B-4 of the Zoning Code. Other types of special exceptions to modify requirements for the property are listed elsewhere in the Code.) IF YOU DO NOT KNOW WHERE TO FIND THE SPECIFIC CRITERIA THAT MUST BE ADDRESSED, please contact Anne Russett at 356-5251 or e-mail anne- russett(@iowa-city.org Failure to provide this information will constitute an incomplete application and may lead to a delay in its consideration before the Board of Adjustment. -3- D. General Approval Criteria: In addition to the specific approval criteria addressed in "C", the Board must also find that the requested special exception meets the following general approval criteria or that the following criteria do not apply. In the space provided below, or on an attached sheet, provide specific information, not just opinions, that demonstrate that the specific requested special exception meets the general approval criteria listed below or that the approval criteria are not relevant in your particular case. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. See attached application. 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish and impair property values in the neighborhood. See attached application. 3. Establishment of the specific proposed exception will not impede the'normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. See attached application. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. See attached application. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. See attached application. 6. Except for the specific regulations and standards applicable to the special exception being considered, the specific proposed exception in all other respects conforms to the applicable regulations or standards of the zone in which it is to be located. [Depending on the type of special exception requested, certain specific conditions may need to be met. The applicant will demonstrate compliance with the specific conditions required for a particular use as provided in the City Code section 14-413 as well as requirements listed in the base zone or applicable overlay zone and applicable site development standards (14-5A through K) j See attached application The proposed use will be consistent with the Comprehensive Plan of the city. See attached application. -5- E. List the names and mailing addresses of the record owners of all property located within 300 feet of the exterior limits of the property involved in this appeal: NAME See attached application. ADDRESS M NOTE: Conditions. In permitting a special exception, the Board may impose appropriate conditions and safeguards, including but not limited to planting screens, fencing, construction commencement and completion deadlines, lighting, operational controls, Improved traffic circulation requirements, highway access restrictions, increased minimum yard requirements, parking requirements, limitations on the duration of a use or ownership or any other requirement which the Board deems appropriate under the circumstances upon a finding that the conditions are necessary to fulfill the purpose and intent of the Zoning Chapter. (Section 14-8C-2C- , City Code). Orders. Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the date the written decision is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. (Section 14-8C-1E, City Code). Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter, or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. (Section 14-8C-1F, City Code). Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the City Clerk. ok Date: MA 8- 20 a o Signature(s) of Applicant(s) fk Date: 20 �. Signature(s) of Property Owners) if Different than Applicant(s) ppdadminlapplie tion-bcaw.doc CITY OF IOWA CITY Board of Adjustment 2020 Application Deadlines APPLICATION DEADLINE (12:00 p.m.) MEETING DATE December 6, 2019.................... January 10, 2020....................... February 7, 2020 ...................... March 6, 2020........................... April 10, 2020........................... May 8, 2020 ............................... ................................................ January 8, 2020 ........................................ February 12, 2020 ........................................ March 11, 2020 .................................................... April 8, 2020 ............................................................May 13, 2020 ........................................................... June 10, 2020 June5, 2020.....................................................................................................July 8, 2020 July10, 2020...................................................... August7, 2020.................................................. ........................August 12, 2020 .......................September 9, 2020 September11, 2020............................................................................. October 14, 2020 October9, 2020............................................................................... November % 2020 November6, 2020..............................................................................December9; 2020 December 11, 2020................................................................................Jade`aat 13, 2021 January8, 2021.................................................................................... February I q,-2021 February5, 2021...................................................................................... March 10, 2021 APPLICATION FEES' Special Exception, Variance, or Appeal $460 Combination BOA Actions $535 *These fees will be updated in February 2020 to reflect changes in the rate of inflation. Meeting time and location Board of Adjustment meetings are scheduled at 5:15 p.m, on the second Wednesday of each month in Emma Hai -vat Hall, City Hall, 410 East Washington Street. Attendees are advised to check the meeting agenda at www.icgov.org/boa or contact the Department of Development Services at 319-356-5230 for possible change in a meeting agenda. For more information Contact Anne Russett at 319-356-5251 or anne-russett0lowa-city ore. Submit Application by Noon to: City Clerk's Office, City Hall, 410 E. Washington Street Application for Special Exception — Parcel 1022133012 Board of Adjustment, Iowa City, Iowa Southside Developers, LC May 8, 2020 Information to be Provided by Applicant Answers and Supporting Information A. Legal Description: A portion of Lot 1, Block 7 of Braverman Center, an addition to Iowa City, Iowa, according to the plat thereof recorded in Book 46, Page 206, Plat Records of Johnson County, Iowa, described as Auditor's Parcel #2003116 in Book 46, Page 206 AND All of Lot 2, Block 7 of Braverman Center, an addition to Iowa City, Iowa, according to the Plat thereof recorded in Book 8, Page 69, Plat Records of Johnson County, Iowa. B. Plot Plan/Site Plan: Attached as Addendum 1. 1. Lot with dimensions; 2. North point and scale; 3. Existing and proposed structures with distances from property lines; 4. Abutting streets and alleys; S. Surrounding land uses, including location and record owner of each property opposite or abutting the property in question; 6. Parking spaces and trees - existing and proposed. 7. Any other site elements that are to be addressed in, the specific criteria for your special exception (i.e., some uses require landscape screening, buffers, stacking spaces, etc.) _ C. Specific Approval Criteria: 1. Maximum Density: a. In the CO-1, CI-1 and CC-2 zones: A minimum of nine hundred (900) square feet of lot area per dwelling unit is required. Dwelling units must be efficiency and/or one -bedroom units: The lot area is 0.744 acres, or 32, 408.64 square feet. At 900 square feet of lot area per dwelling unit required, the lot area size allows for thirty-six (36) units, which is the planned number of one -bedroom dwelling units. b. In the CB-2 and CB-5 zones: Density standards for multi -family dwellings in commercial zones in chapter 2, article C of this title. This is not applicable as the zone is CI-1. 2. Management Plan Required: The applicant must submit a site plan and a management plan that addresses potential nuisances such as loitering, noise, lighting, late night operations, odors, outdoor storage and litter. The management plan must include plans for controlling litter, loitering and noise; provisions for 24/7 on site management and/or security, and a conflict resolution procedure to resolve nuisances if they occur. The site plan and management plan must be submitted concurrently to the city, or if permitted as a special exception said plans must be submitted with the special exception application. Management plan is attached to this application as Addendum 2 and the site plan addresses these as required. 3. Special Exception Required: A special exception is required if the proposed use is in a CO-1, CI-1 or CC-2 zone and is across the street from or adjacent to a single-family residential zone. This Application for Special Exception is filed as a result of this Code section, as an adjacent property is zoned as RS-12, which is a single-family residential zone. The owner of the single-family residential zone is supportive of the project and is a partner in the Applicant. 4. Neighborhood Meeting Required: Prior to a building permit being issued, the owner or operator of the community service - long term housing use must hold a neighborhood meeting inviting all property owners within two hundred feet (2001) of the proposed use. At the neighborhood meeting, the owner or operator must provide copies of the management plan, and contact information for the management team of the proposed use. A good neighbor meeting will be held prior to the building permit application for all properties within two hundred feet of the property. At that meeting, the management plan and contact information for the team will be provided. 5. Site and Building Development Standards: a. If the proposed use is located in the central planning district, it must comply with the multi -family site development standards as set forth in section 14-211-6 of this title. The property is not located within the central planning district. b. In the CB-2 and CB-5 zones, community service - long term "housing uses must be located above the street level floor of a building: This is not applicable as the lot is CI-1. c. The proposed facility must comply with the minimum 46ndards as specified in the Iowa City housing code, as amended,' gtd maintain a rental permit. We provide all assurance that the proposed faci(i7 will comply with minimum standards in the Iowa City housing codejas amended, and will maintain a rental permit. There are no perceived or real impediments by the Applicant to meet this standard. d. In the CO-1, CI-1, and CC-2 zones up to fifty percent (50%) of the first floor of the building may be occupied by residential uses. (Ord. 16-4667, 7-5-2016). No residential uses are planned for the first floor of the building. e. 14-4A-6-C-2c: Examples of Community Service Uses: Examples include uses from the following three (3) subgroups... (c) Community Service - Long Term Housing: Long term housing for persons with a disability operated by a public or nonprofit agency. (Ord. 16-4667, 7-5-2016). This special exception application is for long term, permanent supportive housing for persons with a disability operated by a nonprofit entity. f. 14-4B-3-D-4 General Community Service Uses In CI-1 And I-1 Zones: The proposed use will not significantly alter the overall character of the zone and will not inhibit future development of uses for which the zone is primarily intended. The board will consider such factors as size and scale of the development, projected traffic generation, and whether adequate transportation, transit, and pedestrian facilities exist to support the proposed use. The lot is zoned as CI-1, but Iowa City Code states that Community Service — Long Term Housing is a specifically identified subgroup (14-4A-6-C-2c) which is distinct and separate from "General Community Service " uses as stated in this Code section. However, it should be noted that adequate transportation, transit, and pedestrian walkways and sidewalks do exist. D. General Approval Criteria: 1. The specific proposed exception will not be detrimental or endanger the public health, safety, comfort, or general welfare. The proposed exemption will not be detrimental or endanger the public health, safety, comfort,,or general welfare. It is a use in the zone that was considered specifically yhgn the use was adopted as necessitating a special exception requirement, and-- a!'compatible use for the property. Other comparative and complimentary uses ex st'nedel'Zy in the neighborhood (owned by various nonprofit entities and the County), aN4 this special exception will not materially change the uses that currently exigin the neighborhood. The planned use and facility will be operated by a nonprofit agency as stated in the management plan. The nonprofit has authority for legal use of the space by the terms of a valid lease and will provide tenancy through Permanent Supportive Housing in a Housing First model to those individual persons with disabilities who are also identified as chronically homeless from our community. Comprehensive supportive services to tenants are provided on site by staff members of the nonprofit agency on a regular basis and security and management on a 24-hour basis is expected and will occur as a part of the management plan. The agency is experienced in providing this service at other facilities and has developed strong and supportive community partnerships with local health providers, law enforcement, and other health and safety officials. Permanent Supportive Housing itself is a proven intervention that will be beneficial to widespread improvements to the general public in positive health outcomes, reductions in chronic homelessness and costs associated therewith that are unreimburseable, and provides increased access to affordable housing units for people who have otherwise had significant barriers to maintaining stable housing in the general community. 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish and impair property values in the neighborhood. The property was a vacant lot until the previous year (see Addendum 3) and has been providing parking spaces for the previous 12 months. Infill development of the property will likely enhance values in the neighborhood as its proposed use will fit with current development that exists in the area. Development of a vacant lot will provide enhanced property values and are not likely to be injurious to the neighboring uses and the management plan specifically addresses these potential use and enjoyment issues that normally arise between neighbors. Other comparative and similar uses in the neighborhood have not diminished nor impaired property values; in fact, property values continue to increase in the surrounding neighborhood and development in the area has increased with complimentary uses. The single-family zone ofRS-12 for the mobile home park adjacent to the property will not be affected in a material way for the reasons stated above and actions to ensure positive neighbor relations will be taken. Furthermore, the owner of the neighboring single-family zoned property is supportive of the project and is, in fact, a partial owner of the Applicant.. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. The, eroperty and proposed special exception are harmonious with the neighboring prpRerties and uses established, and appropriate pedestrian facilities and transportation and transit exist. No impediment to orderly, future development exists with the approval of a special exception. ,J 4. Adequate utilities, access roads, drainage and/or necessary facilities`.'have been or are being provided. No modifications to utilities, roads, drainaft, or necessary facilities are proposed or necessary. All utilities, roads; draindke, and necessary facilities exist currently and will be used in development. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. Increased traffic is not expected beyond the normal traffic patterns of the neighborhood and on the public streets. The current streets and drives are not heavily trafficked, but are traveled consistently by citizens in normal and customary patterns with increased traffic on weekdays, while traffic on the weekends is slower. No alterations or increased traffic patterns or uses are predicted, as vehicle ownership for the target tenant population is significantly and markedly lower than average, and the current streets and flow of traffic provide the necessary infrastructure needed to support the special exception proposed. 6. Except for the specific regulations and standards applicable to the special exception being considered, the specific proposed exception in all other respects conforms to the applicable regulations or standards of the zone in which it is to be located. The Applicant will comply with housing codes and building permit applications, approvals, and all other processes set forth in the Iowa City Code and the Community Service - Long Term Housing special exception requirements as described herein. 7. The proposed use will be consistent with the Comprehensive Plan of the City. The proposed use will turn a vacant and largely empty parking lot into attractive and affordable housingfor those most vulnerable community members, as the foundation for improvement of healthy, safe, and diverse neighborhoods throughout the City - identified in the Comprehensive Plan as a key goal. Additionally, the proposed use is a cost-effective way of extending infrastructure and services into an existing neighborhood with necessary services and supports as it is compatible inftll development in an area where such infrastructure and supports are already in place, a key component of the Comprehensive Plan. Lastly, the proposed development intends to utilize efficient and environmentally sustainable utilities, and will promote human developmentfor all who call Iowa City home. No amendments to the plan or map are needed or required with the proposed special exception. E. The names and mailing addresses of the record owners of all property, located within 300 feet of the exterior limits of the property involved in this appeal: Parcel Number Mailing Name JOEL L & SARAH 1022133007 M B FAGAN VINCENTE GARCIA 1022133006 GONZALEZ SJRE YOUNG FAMILY 1022133005 PRTNRSHP LLC PRELUDE BEHAVIORAL 1022128005 SERVICES TEMPLETON COMMERCIAL 1022127002 PROPERTIE Mailing Zip Mailing Address2 Mailing Address3 Code 450 HIGHWAY 1 W 4163 IOWA CITY,`1A 52246 1937 KEOKUK ST IOWA CITY, IA 52240 1275 DEERFIELD DR IOWA CITY, IA 52246 430 SOUTHGATE AVE IOWA CITY, IA 52240 701 WABASH AVE SUITE 501 TERRE HAUTE, IN 47807 TEMPLETON COMMERCIAL 1022127001 PROPERTIE 701 WABASH AVE SUITE 501 TERRE HAUTE, IN 1022130007 DAVID RUIZ 1134 APPLE CT IOWA CITY, IA MID -EASTERN 1022128002 COUNCIL ON 430 SOUTHGATE AVE IOWA CITY, IA 1022130003 DAVID RUIZ 1134 APPLE CT IOWA CITY, IA SKAY AUTOMOTIVE 1022131007 SERVICE INC 1936 BOYRUM ST SOUTHSIDE 1022133012 DEVELOPERS LC 711 S GILBERT ST 1022133013 SHELTER HOUSE PO BOX 3146 COLE FAMILY 1022135002 INVESTMENT INC 620 FOSTER RD JAMES S 1022136001 MURRAY 800 HIGHLAND PARK AVE BRAVERMAN DEVELOPMENT 1022209003 INC 2040 WATERFRONT DR IOWA CITY. IA IOWA CITY, IA IOWA CITY, IA IOWA CITY, IA CORALVILLE, IA IOWA CITY, IA 47807 52240 52240 52240 52240 52240 52244- 3146 52245 52241 52240 a (3z �aN F C9'i N i i C W a a auk /yedmd 9 fo AN z Proposed Management Plan 501 Southgate Avenue, Iowa City, IA 52240 The proposed management plan is submitted on behalf of the Housing First Project to be located at the property currently known as 501 Southgate Avenue, Iowa City, Iowa 52240. Southside Developers, LC is the Owner of the property and Shelter House Community Shelter and Transition Services is the current Lessee of the property and will be the operator and manager. The purpose of the project is to provide Permanent Supportive Housing (36 one -bedroom rental units) for individuals who meet HUD's categorical definition of "chronically homeless." Ownership and Operations: The property owners, Southside Developers, LC have leased the property located at 501 Southgate Avenue to Shelter House Community Shelter and Transition Services, a non-profit, 501(c)(3) N corporation organized under Chapter 504 of the laws of the State of Iowa. The subject lease, dated E January 23, 2019, currently runs through December 31, 2021 and is expected to be renewed at this time. a Southside Developers, LC has delegated its authority for the execution and enforcement of this a) management plan to Shelter House. a Q Securi : The facility will be staffed 24/7. The reception area will supervised by a Coordinator twenty-four hours per day, seven days per week. Program and facility support staff (Program Manager, Case Managers, and Front Desk Coordinators) will maintain regular schedules throughout the traditional work week and will be available on -call for needs outside regularly scheduled hours. Additional support will be provided by the Shelter House Housing Services Director, Associate Executive Director, and Executive Director as needed. Safety: Shelter House staff will be trained appropriately to fully execute the scope of their job responsibilities including maintenance of a safe work and living environment and regulating a safe and secure facility. The purpose of the project is to provide permanent supportive housing for individuals for whom homelessness has become a chronic condition. While this will be done by minimizing barriers to housing for said individuals, it will not come at the cost of safety to the staff, clientele, or public. Violent or other threatening behavior will not be tolerated, is a lease violation and may, if necessary,-resulf in eviction. Avoidance of Nuisances (littering, noise, loitering_ glare from lighting, and storage):: Shelter House will contract with a local vendor for solid waste removal to be provided oneweekly basis. Please see dumpster locale on site plan. Shelter House program staff and Fresh Starts (a -Shelter House professional janitorial service) crew members will survey exterior grounds daily and remove any litter. The outdoor enclosed smoking area will also be surveyed daily and all litter removed. In the event that Fresh Starts is no longer operational, an alternative local professional janitorial service will be secured. Indoor and outdoor cleanliness will be maintained. Noise will be kept at a minimum such that no individual tenant may disrupt the enjoyment of another tenant's home, let alone that of neighboring property owners. Tenants will be notified of the Iowa City Noise Ordinance and will be expected to comply. Individuals with a lease are not capable of loitering, as this is their home. Individuals without a current lease and not welcomed as a guest/visitor of a current tenant, volunteer, or partnering clinical provider will be asked to leave the property and are not permitted to loiter. If an individual refuses to leave, Shelter House staff will contact the Iowa City Police Department. Exterior lighting is intended for the back and front of the property, the specifications for which meet existing code requirements to minimize glare. Shelter House will provide a bike rack and modest on -site parking for vehicles in conformity with code requirements. Vehicles must be licensed and have current registration or they may be towed at the owner's expense. Disabled vehicles may be towed at the owner's expense within 72 hours. There will be no other accommodations made for outdoor storage. Any items left will be considered abandoned and either disposed of in the dumpster or removed to the landfill. Odors and Infestations: Common areas will be cleaned by Fresh Starts (a Shelter House professional janitorial service) semi- weekly or more as needed. In the event that Fresh Starts is no longer operational, an alternative local professional janitorial service will be secured. The upkeep and care for individual apartments will be the responsibility of the tenant with weekly support provided by case management staff. Laundry is on - site and free to tenants. Within the rental units, bathrooms are mechanically ventilated and convection ovens above cooktops will have venting. Shelter House will contract with a professional exterminator for monthly services. Conflict Resolution: Tenants are expected to treat their neighbors (whether Shelter House tenants or not) with courtesy and respect at all times. Tenants are expected to conduct themselves in a manner that does not interfere with anyone's peaceful enjoyment of their own home, and to generally conduct themselves in the manner of a good neighbor. Failure to do this may result in the issuance of a 7-day notice to evict tq-the tenant by the Program Manager and in consultation with the Housing Services Director, Associate Executive Director, or Executive Director of Shelter House. Tenants who are having disputes with their neighbors that do not directly include'violaftons of leases will be encouraged first to resolve those disputes among themselves, or if this fails, to avoid contact with one another. If the neighbor is also a Shelter House tenant, Shelter House may request that,one or both parties take steps to resolve their differences, or in extreme cases in which the conflict is es8j" slated or is having adverse effects on the neighborhood, Shelter House may find it in everyone's best interest to recommend the tenants seek the services of a professional mediator. Mediation will be at the cost of the tenant unless pro bono services are made available. If the conflict is unresolved, the Program Manager may assist one or more of those Shelter House tenants involved with either relocation within the Housing First facility or the greater community or depending on the nature of the conflict, if constituting a lease violation, may result in issuance of a 7-day not to evict to the tenant. If a tenant reports problems with neighbors that include lease violations, Shelter House staff will write up the incident(s) on a confidential Tenant Complaint Form and then takes steps to determine whether the complaint is valid. If verified, the Program Manager may send a 7-day notice to evict to the offending tenant. Cooperation with Police: The agency maintains a cooperative and collaborative relationship with the Iowa City Police Department. The ICPD will refer individuals to the project for housing placement and it is intended that a representative from the Department will continue to provide feedback and collaborative efforts in data collection and supports to this Housing First project as it becomes operational and beyond, as currently exists with Cross Park Place. Emereent Medical Issues: Shelter House staff are trained in First Aid and CPR as well as mental health first aid and de-escalation techniques. Otherwise, medical emergencies will be managed in the same manner as they are at Shelter House with an immediate call to emergency medical services. Buildine Deficiencies: This will be new construction. All units will be designed as age -in -place units. Dated May/2020 1 r , H r To: Board of Adjustment Prepared by: Kirk Lehmann, Associate Planner Item: EXC20-06 Date: June 5, 2020 Parcel Number: 1010377004 GENERAL INFORMATION: Applicant: The Englert Theatre 221 E Washington St Iowa City, IA 52240 319-594-9135 andre@englert.org Contact Person: Property Owner(s): Requested Action: Purpose: Location: Location Map: Josh Moe 24 1/2 S Clinton St Iowa City, IA 52240 319-383-3099 jmoe@opnarchitects.com The Englert Theatre 221 E Washington St Iowa City, IA 52240 319-594-9135 andre@englert.org Special exception to allow changes to a non -conforming sign To rehabilitate the Englert Theatre's marquee 221 E Washington St 1 Size: Existing Land Use and Zoning: Surrounding Land Use & Zoning: Applicable Code Sections: File Date: BACKGROUND: 9,450 square feet Commercial; Central Business (CB-10) North: Commercial/Residential; Central Business (CB-10) East: Commercial/Residential; Central Business (CB-10) South: Institutional; Central Business (CB-10) and Neighborhood Public Zone (P-1) West: Commercial; Central Business (CB-10) with Historic Overlay District (OHD) 14-4B-3A: General Approval Criteria 14-4E-8C-4: Changes to Nonconforming Signs May 8, 2020 The applicant, the Englert Theatre, has a marquee that is an existing noncompliant sign. Originally constructed in 1912, the theater is in downtown Iowa City and is listed in the National Register of Historic Places. The marquee was constructed in 1958 and, according to its National Register of Historic Places Registration Form, is "an outstanding mid-century marquee with high integrity." The applicant wishes to repair and improve aspects of its marquee, including replacing deteriorated components, improving the stormwater drainage system, and updating the sign's electrical components. The proposed actions constitute changing or altering the sign in a way that is beyond routine maintenance, which typically requires that the sign be brought into compliance with the City's sign regulations. However, the Board of Adjustment may grant a special exception for a legally nonconforming sign if it is deemed "historic" and meets specific standards which protect the historic nature of any such signs. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare; to conserve and protect the value of property throughout the city; and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the specific criteria included in Section 14-4E-8C-4, pertaining to special exceptions to allow changes to nonconforming signs, as well as the general approval criteria in Section 14-413-3A. For the Board of Adjustment to grant this special exception request, each of the following criterion below must be met. The burden of proof is on the applicant, and their comments regarding each criterion may be found on the attached application. Staff comments regarding each criterion are set below. Specific Standards: 14-4E-8C-4: The board of adjustment may grant a special exception to allow changes to a nonconforming sign, provided the following conditions are met: a. The sign must be located on a property designated as a historic landmark, a property registered on the national register of historic places, or on a property listed as a key or contributing property in a historic preservation or historic conservation overlay zone. FINDINGS: • The Engler[ Theater is listed in the National Register of Historic Places, National Register Information System Identification number 1000911. b. The sign must fall into one of the following categories: (1) The sign is in keeping with the architectural character of a historic structure and is appropriate to a particular period in the structure's history; or (2) The sign is an integral part of a property's historic identity; or (3) The sign makes a significant artistic or historic contribution to the community or neighborhood in which the sign is located. FINDINGS: • The proposed rehabilitation involves appropriate repair to elements of the sign that maintains its architectural character. • The marquee is identified as a key historical feature and was installed between 1950 and 1958, within the period of significance identified in the Englert's National Register of Historic Places Registration Form. c. At the time of application for the special exception, changes to the subject sign must be approved by the Historic Preservation Commission through a certificate of appropriateness. If the Board of Adjustment grants a special exception for the sign, any subsequent changes to the sign do not have to be approved by the Board of Adjustment, but do require a certificate of appropriateness from the Historic Preservation Commission. FINDINGS: • The Historic Preservation Commission granted a certificate of appropriateness at their meeting on May 14, 2020 with the condition that a special exception must be granted by the Board of Adjustment. General Standards: 14-4B-3: Special Exception Review Requirements: The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. FINDINGS: • The Englert's existing marquee is a noncompliant sign that will be rehabilitated to replace deteriorated and outdated parts and improve the roof drainage system. • The plans for the sign include repair of parts that have been damaged or have deteriorated over the years, which will improve public safety for pedestrians walking under the sign. 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. FINDINGS: • The proposed rehabilitation will maintain the approximate size, shape, color, and illumination of the existing marquee. • The proposed exception will not affect the use and enjoyment of surrounding properties, nor will it diminish or impair property values in the neighborhood. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. FINDINGS: • The marquee will project over the public sidewalk on the south side of East Washington Street. • The surrounding area is fully developed with a mix of commercial, residential, and institutional uses. • The proposed rehabilitation will not impact future development. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: • The subject property is already developed, and all utilities, access roads, drainage and necessary facilities are established for this area. • Rehabilitation will reduce electrical consumption with the use of more energy - efficient technologies. • Rehabilitation will improve storm water drainage by adding a secondary overflow drain to reduce the risk of a stopped drain. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • No changes are being proposed to ingress or egress. • The use and intensity of the property will remain the same. • Temporary measures will affect pedestrian circulation on the sidewalk below the marquee during construction, but the project will have no long-term effects. 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. FINDINGS: • The Englert marquee is a nonconforming sign because it is not an allowed sign type, it exceeds illumination requirements, it exceeds the allowed distance a sign can project, and it exceeds the maximum sign area for all types of allowed signs in this zone. Because it is "historic', this is allowable with a special exception and a certificate of appropriateness. • Staff will work with the applicant to ensure that all work conforms with other standards of this zone, including compliance with plans as approved by the Historic Preservation Commission. 4 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: • The Comprehensive Plan Future Land Use Map designated this area for General Commercial. The Downtown and Riverfront Crossings District Master Plan identifies the Englert Theatre as a Key Historic Building and notes that "the City should take measures to preserve and actively protect these buildings' (p.55). • The Comprehensive Plan's vision includes to "Preserve Historic Resources..." (p.21) to be carried out by supporting the goals of the Historic Preservation Commission' (p.29). • The Historic Preservation Commission has approved a Certificate of Appropriateness for the project, subject to approval of a special exception. STAFF RECOMMENDATION: Staff recommends approval of EXC20-06, to allow the proposed changes to the nonconforming sign at the property located at 221 East Washington Street. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Certificate of Appropriateness 4. Application Materials Approved by: ` ) 6 Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services CITY OF IOWA CITY 1 k EION/A AVE ~ z EIOWAAVE Ian Iti �I •l�f: I�' `.Il� �� � �. I I _ - • " E WASHINGTON ST -�► V M� • '_ '_,` pSH1NGTON SY y , a� Iz � 1Ir w !�Y ~ � a"tea '- � ECOLLEGE ST�-' An application submitted by The Englert Theatre for a special exception allowing rehabilitation of the a marquee for 9,450 square -feet of property located m_I�,�_ J '� at 221 East Washingtion Street. E euRUNGTON sT Iowa City Historic Preservation Commission City Hall, 410 E Washington Street, Iowa City. IA. 52240 CERTIFICATE OF APPROPRIATENESS 221 East Washington Street, Englert Thea tre A meeting of the Iowa City Historic Preservation Commission was held as an electronic meeting, due to concerns arising from COVID-19, on May 14, 2020. The following members were present: Thomas Agran, Kevin Boyd, Helen Burford, Gosia Clore, Sharon DeGraw, Lyndi Kiple, Cecile Kuenzh, Quentin Pitzen, Jordan Sellergren and Austin Wu. By a vote of 10-0, the Commission approved a Certificate of Appropriateness for a sign repair project at 221 East Washington Street, a historic property in the Downtown District. The property is not locally designated. The project was reviewed as part of a code requirement for a non -conforming sign on a historic property. The Englert Theatre is listed in the National Register of Historic Places. The project is the removal and repair or replacement of the neon lighting except for the horizontal line of neon below the message board. This line will be replaced by a non -electric metal tube. The project also includes the replacement of the electrical infrastructure, replacement of the incandescent bulbs with look - alike LED bulbs, cleaning and repainting of the metal elements and cabinet, replacement of the roof membrane, and improvements to the roof slope and drainage. Project drawings are attached. The application is subject to the following conditions: 1. Approval of the Special Exception is granted by the Board of Adjustment The project is approved subject to the conditions specified in this certificate, notations in the application, and the discussion by the Commission as provided in City Code Section 148E-2. All work is to meet the specifications of the guidelines unless otherwise noted. Any additional work that falls under the purview of the Historic Preservation Commission that is not specified in this certificate will need a separate review. Approval by the Historic Preservation Commission does not constitute final approval for a project. Contact the Building Department to acquire a building permit before beginning the project. The Historic Preservation Commission does not review applications for compliance with zoning ordinance and building code. Kevin Boyd, Chair Iowa City Historic Preservati4cC mmi-ssion Jessica Bristow, His nc Preservation Planner Departme4f of Development Services 6/1/2020 Date N r � o s e c c C 1) 0' EXJo -t t)m Lo APPLICATION T O Tj-it BOARD OF ADJUSTMEN-i; , SPECIAL E" PTO'N' --- DATE: 5/8/2020 PROPERTY PARCEL NO. 1010377004 PROPERTY ADDRESS: 221 East Washington Street PROPERTYZONE: CB-10 PROPERTY LOT SIZE: 9,450 SF Name: The Englert Theatre APPLICANT: 221 East Washington Street Address: Phone: 319-594-9135 andre@englert.org Email: Name: Josh Moe - OPN Architects CONTACT PERSON: 24 1/2 South Clinton St, Iowa City, IA (if other than applicant) Address: Phone: 319-383-3099 Email: jmoe@opnarch itects.com Name: PROPERTY OWNER: (if other than applicant) Address: Phone: Email: Specific Requested Special Exception; please list the description and section number in the zoning code that addresses the specific special exception you are seeking. If you cannot find this information or do not know which section of the code to look in, please contact Anne Russett at 356-5251 or e-mail anne-russett(ab_iowa-city-org. Purpose for special exception: Englert Theatre Marquee planned rehabilitation: It is an historic feature that is non -conforming and the goal is to maintain its character. Date of previous application or a N/A p pp appeal filed, if any: -2- In order for your application to be considered complete, you must provide responses to all of the information requested below. Failure to provide this information may delay the hearing date for your application. A pre -application consultation with Planning staff is STRONGLY recommended to ensure that your application addresses all of the required criteria. As the applicant, you bear the burden of proof for showing that the requested exception should be granted. Because this application will be presented to the Board of Adjustment as your official statement, you should address all the applicable criteria in a clear and concise mariner. INFORMATION TO BE PROVIDED BY APPLICANT: A. Legal descriglion of property (attach a separate sheet if necessary): You can find the legal description and parcel number for your property by doing a parcel search for your address on the Assessor's website at www,iowacity.iotAiaassessors.cornlbr by calling 319-356-6066. B. Plot Plan/Site Plan drawn to scale showing all of the following information: 1. Lot with dimensions; 2. North point and scale; 3. Existing and proposed structures with distances from property lines; 4. Abutting streets and alleys; 5. Surrounding land uses, including location and record owner of each property opposite or abutting the property in question; 6. Parking spaces and trees - existing and proposed. 7. Any other site elements that are to be addressed in the specific criteria fer your special exception (i.e., some uses require landscape screening, buffers, stacking spaces, etc.) C. Specific Approval Criteria: In order to grant a special exception, the Board must find that the requested special exception meets certain specific approval criteria listed within the Zoning Code. In the space below or on an attached sheet, address each of the criteria that apply to the special exception being sought. Your responses to these criteria should just be opinions, but should provide specific information demonstrating that the criteria are being met. (Specific approval criteria for uses listed as speclai exceptions are described in 14-46-4 of the Zoning Code. Other types of special exceptions to modify requirements for the property are listed elsewhere in the Code.) IF YOU DO NOT KNOW WHERE TO FIND THE SPECIFIC CRITERIA THAT MUST BE ADDRESSED, please contact Anne Russett at 356-5251 or e-mail anne- rgfsett@iowa-citv.orq Failure to provide this information will constitute an Incomplete application and may lead to a delay in its consideration before the Board of Adjustment. -3- D. General Approval Criteria: In addition to the specific approval criteria addressed in "C", the Board must also find that the requested special exception meets the following general approval criteria or that the following criteria do not apply. In the space provided below, or on an attached sheet, provide specific information, not just opinions, that demonstrate that the specific requested peei�l� excepticT3 meets the general approval criteria listed below or that the `approval criteria are not relevant in your particular case. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The Englert's marquee is a 62-year old (existing) non -compliant sign. It will be partially disassembled and deteriorated parts will be repaired or replaced. The existing metal deck that projects over the sidewalk is deteriorated will be repaired or replaced. The existing, interior roof drain will be replaced with a dual outlet roof drain with overflow protection. The existing electrical components will be upgraded to meet modern electrical code requirements. This rehabilitation will improve public health, safety, and welfare. The specific proposed exception will not be injurious to the use and enjoyment of other property in the Immediate vicinity and will not substantially diminish and impair property values in the neighborhood. The Englert's marquee is a much -loved, character -defining feature of downtown Iowa City. Its size, shape, color and illumination levels will be similar to existing conditions; however, rusted metal panels will be repaired, damaged neon lights will be restored, and repainting will improve its appearance. It's maintenance, repair, and rehabilitation will be an improvement to the neighborhood. 3. Establishment of the specific proposed exception will not Impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district In which such property is located. The marquee projects over the public sidewalk on the South side of East Washington Street. It does not impede development or improvement of surrounding private property owners. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Utilities: The Englert's internal electrical infrastructure was replaced in 2001. The marquee renovation is expected to reduce electrical consumption by utilizing LED technologies for a portion of the sign. Access Roads: N/A Drainage: Existing roof drain is a single drain. It will be replaced with a dual outlet roof drain with secondary overflow drain. The catchment area is the same; however, the risk of a stopped drain should be diminished. K,I 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. The use --live performances --will be the same. The theater's seating capacity will be the same. The Englert is located in an urban setting and there are no private roads or private parking. During construction, the area below the marquee will be blocked with construction barriers to protect public safety. This will be a temporary measure during restoration and should be complete by fall 2020. 6. Except for the specific regulations and standards applicable to the special exception being considered, the specific proposed exception in all other respects conforms to the applicable regulations or standards of the zone in which it is to be located. [Depending on the type of special exception requested, certain specific conditions may need to be met. The applicant will demonstrate compliance with the specific conditions required for a particular use as provided in the City Code section 14-413 as well as requirements listed in the base zone or applicable overlay zone and applicable site development standards (14-5A through I).] The bulbs on the marquee soffit will be LED replacements that replicate incandescent bulbs. They will be clear bulbs with an LED "filament." They will be between 1-2 watts. The neon lights (inert gas tube) will not exceed 9 watts per foot nor will they exceed 30Ma. The changeable message sign will be illuminated with light sources similar to existing florescent tubes, but will use LED technology. There will not be a digital programmable LED message display with variable messaging. u^ 7.2 The proposed use will be consistent with the Comprehensive Plan of the City. The Englert Marquee supports "How We Grow" goals by preserving historic resources. (p.21) The Englert Marquee supports "Land Use" goals of maintaining a strong and accessible Downtown that is pedestrian -oriented with a strong and distinctive cultural character. (p.25) The Englert Marquee supports "Arts & Culture" goals and Strategies (p. 50) through increasing visibility and improving economic development potential. -5- E. List the names and mailing addresses of the record owners of all property located within 300 feet of the exterior limits of the property involved in this appeal: NAME See Attached Sheet ADDRP-�SEI ' W NOTE: Conditions. In permitting a special exception, the Board may impose appropriate conditions and safeguards, including but not limited to planting screens, fencing, construction commencement and completion deadlines, lighting, operational controls, improved traffic circulation requirements, highway access restrictions, increased minimum yard requirements, parking requirements, limitations on the duration of a use or ownership or any other requirement which the Board deems appropriate under the circumstances upon a finding that the conditions are necessary to fulfill the purpose and intent of the Zoning Chapter. (Section 14-8C-2C4, City Code). Orders. Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the date the written decision is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. (Section 14-BC-1E, City Code). Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter, or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. (Section 14-8C-1 F, City Code). Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the City Clerk. Thursday May 7 20 Andre Perry Date: 20 Date: ppdad mHappiication-boase. doc 20 Signature(s) of Applicant(s) Signature(s) of Property Owner(s) if Different than Applicant(s) IR©© ARCHITECTS Cedar%pids May 8, 2020 - 200Fifth AvenueSESte. 201 Cedar Rapids, Iowa 52401 (319)363-6018 Anne Russett Senior Planner, Urban Planning Des Moines City of Iowa City ton Court Avenue Ste. 100 Des Moines, Iowa 50309 410 E. Washington Street (515)309-0722 Iowa City, Iowa 52240 Iowa City 24 i S. Unton Street Ste. I RE: Englert Theatre Marquee Application to the Board of Adjustment, Special Iowa city, Iowa 52240 Exception (319) 363-6018 Madison Anne: We are pleased to submit the following application for the planned 301 N.Broom Street Ste. too restoration and rehabilitation of the EnglertTheatre's historic marquee. The Madison, Wisconsin 53703 (608)819-0260 Englert Theater is located at 221 E Washington Street and its legal description is: Iowa City (Original Town Plat) W 63' Lot 2 Block 65 opnarchitects.com Part C of the Application requests specific Approval Criteria. It is our understanding, based on an April 27 email from you, that Englert's Marquee needs to address Iowa City Code 14-4E-8C-4. 4. The board of adjustment may grant a special exception to allow changes to a nonconforming sign, provided the following conditions are met: a. The sign must be located on a property designated as a historic landmark, a property registered on the national register of historic places, or on a property listed as a key or contributing property in a historic preservation or historic conservation overlay zone. • The Englert Theater Is listed on the National Register of Historic Places. National Register Information System Identification number 01000911. b. The sign must fall into one of the following categories: (1) The sign is in keeping with the architectural character of a historic structure and is appropriate to a particular period in the structure's history,- or The current Marquee, which will be restored, is identified as a key historical feature and is within the period of significance identified in the Englert s Approved Part 1 application which has been accepted by the State Historic Preservation Office and submitted to the Secretary of the Interior. The Englert's three most significant dates are 1912, the year of the theater's construction; 1926, the year a fire destroyed W©© ARCHITECTS much of the building; and 1958, the year the current marquee was installed. (2) The sign is an integral part of a property's historic identity; or • see above (3) The sign makes a significant artistic or historic contribution to the community or neighborhood in which the sign is located. In 2018, the Englert Theatre welcomed 68,682 patrons to their programs with $1,936,504 of revenue. They host 200 events each year and bring a vibrant energy to downtown Iowa City that attracts locals and visitors of all ages, backgrounds, and interests. For the past 62 years, the Marquee has been the Theater's most visible feature. Photographs and videos of the Englert's marquee are used in promotional materials produced The Iowa City/Coralville Area Convention and Visitors Bureau (CVB), the Iowa City Area Chamber 0f Commerce (Business Partnership) and Iowa City Area Development (ICAD), and Iowa City Downtown District. It is a key feature of downtown Iowa City. c. At the time of application for the special exception, changes to the subject sign must be approved by the Historic Preservation Commission through a certificate of appropriateness. if the Board of Adjustment grants a special exception for the sign, any subsequent changes to the sign do not have to be approved by the Board of Adjustment but do require a certificate of appropriateness from the Historic Preservation Commission. An application was submitted to the Historic Preservation Commission on April 20, 2020 and will be reviewed by the HPC at their May 14 meeting. Attachments: • Application to the Board of Adjustment Special Exception • Part B of the Application — Plot Plan/Site Plan • Part E of the Application — Mailing Address of the property owners 300 feet rothe Englert ISO'rn 116a Joshua Moe, AIA DPN Architects, Inc. Joshua Moe From: Anne Russett <Anne-Russett@iowa-city.org> Sent: Friday, May 8, 2020 10:57 AM !} To: Joshua Moe, Kendall Deter; Sherry Turkal "' ` Cc: Jessica Bristow; andre@englert.org; Kirk Lehmann Subject: RE: FW: Englert Theatre 211 Washington Sorry, Josh — I forgot! Yes, we will waive the fee. Just mail the hard copy application. I'll give the Clerk's Office a heads up that the fee is waived. Thanks, Anne From: Joshua Moe <jmoe@opnarchitects.com> Sent: Friday, May 8, 2D20 10:56 AM To: Anne Russett <Ann e-Russett@ iowa-city.org>; Kendall Deter <Kendall@estesconstruction.com>; Sherry Turkal <sh erry@ estesconstruction.com> Cc: Jessica Bristow <Iessica-Bristow@iowa-city.org>; andre@englert.org; Kirk Lehmann <Kirk-Lehmann@iowa-city.org> Subject: RE: FW: Englert Theatre 211 Washington FdISH Anne — Can you please check and see if the city will waive the application fee for the Englert? JM Joshua Moe AIA Project Architect OPN Architects o: (319) 248-5667 1 c: (319) 383-3099 1 cl: (319) 249-5676 1 ImoePoonarchitects.com 241/2 S. Clinton St., Suite 1, Iowa Clty, Iowa, 52240 www.opnarchitects.com From: Anne Russett <Anne-Russett(nliowa-citv.org> Sent: Friday, May 8, 2020 10:49 AM To: Joshua Moe <lmoe@opnarchitects.com>; Kendall Deter <Kendallfaestesconstruction com>; Sherry Turkal <sherry O estesconst ru ct i on. co m> Cc: Jessica Bristow <Jessica-Bristow@iowa-citv.ora>; andreCa)englert.or¢: Kirk Lehmann <Kirk-Lehmann(cDiowa-citv.org> Subject: RE: FW: Englert Theatre 211 Washington Thanks, Josh. We will review this and let you know if you have any questions. If you haven't already please mail hard copies of the application with the application fee to the City Clerk's Office, 410 E. Washington Street, 52240. City Hall is closed to the public, so it must be mailed. Let us know if you have any questions. Thanks! From: Joshua Moe <Imoe@opnarchitects.com> Sent: Friday, May 8, 2020 8:58 AM To: Anne Russett <Anne-Russett@Iowa-city.org>; Kendall Deter <Kendall estesconstruction.com>; SherryTurkal <s h e rry@ est e s c o n st ru ct i o n. c o m> Cc: Jessica Bristow <Jessica-Bristow@iowa-citv.org>; andre englert.org; Kirk Lehmann <Kirk-Lehmann@iowa-citv.org> Subject: RE: FW: Englert Theatre 211 Washington i Anne - Please see the 4 attachments for the Englert's Board of Adjustment Special Exception Application. Please write or call with any questions or concerns. Thanks, JM Joshua Moe AIA Project Architect OPN Architects o: (319) 248-5667 1 c: (319) 383-3099 1 d: (319) 248-5676 1 moeiiDognarchitects.com 241/2 S. Clinton 5t., Suite 1, Iowa City, Iowa, 52240 www.opnarchitects.com From: Anne Russett <Anne-Russett@iowa-citv.org> Sent: Monday, April 27, 2020 2:47 PM To: Joshua Moe <lmoe@opnarchitects. com>; Kendall Deter <Kendall@estesconstruction.com> Cc: Jessica Bristow <Jessica-Bristow@iowa-citv.org_>; andre@englert.org: Kirk Lehmann <Kirk-Lehmann@iowa-citv.org> Subject: RE: FW: Englert Theatre 211 Washington Hi, Josh — Please see the attached email. It should answer your questions related to the special exception specific approval criteria. Your application should respond to each of the criteria highlighted in yellow in the attached. The deadline for the June Board of Adjustment meeting is 5/8 at noon. We can help with the 300' property list if needed. We use the Johnson County Property Information Viewer, which has deedholder and mailing address information for all properties. I'll let Jessica respond to your HP related questions. Thanks! 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W a W? t0 A lD � w tAD A '.AO A w A b A o w w e w = O O =I n e o w w m 0 w 0 w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p C D O O m r r r r r r rr r r r r r r r r r r m C O O T r n. r n r n r n r r O m z m 0 m y D w 2 m n_ m n O C: m z O m T N m Q Ro N D D Z --, m m T O 1 T T MINUTES BOARD OF ADJUSTMENT INFORMAL MEETING MAY 27, 2020 — 5:15 PM Electronic Meeting (Pursuant to Iowa Code section 21.8) PRELIMINARY An electronic meeting is being held because a meeting in person is impossible or impractical due to concerns for the health and safety of Commission members, staff and the public presented by COVID-19. MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT OTHERS PRESENT: CALL TO ORDER: Gene Chrischilles, Ernie Cox, Zephan Hazell, Bryce Parker, Amy Pretorius Susan Dulek, Kirk Lehmann, Anne Russett The meeting was called to order at 5:15 PM. ROLL CALL: Roll call was taken and Lehmann noted this meeting is training for members of the Board of Adjustment on their rule and procedures. BOARD OF ADJUSTMENT TRAINING: Lehmann noted this meeting is to review the Board of Adjustment process, to share some sample language that can be used, to discuss what to do and what not to do, and then to share some sample cases. At the end there's time for members to ask questions. To begin the Board of Adjustment is a five -member resident panel appointed by City Council. The laws that guide the Board of Adjustment is laid out in Iowa Code chapter 414 and mandated by State law. The Board is a quasi-judicial panel, basically a jury of peers, and the Board makes binding decisions. Cases can come before the Board for many reasons, sometimes relief from things in the zoning code, through special exception or variance, or if there are disagreements with administrative zoning decisions, the Board acts as the jury and that's the appeal process. Board of Adjustment May 27, 2020 Page 2 of 9 Because you are a quasi-judicial, you are independent, and the decisions aren't reviewed by Council. It also means that the decisions made aren't quite as subjective as a body like Planning and Zoning, where there's a lot of flexibility in how they make decisions. Instead, the Board's decisions are based on specific criteria that's in the City Code. Similarly, if the decision is appealed, it goes to a district court. The chair of the Board presides over the meetings, and staff assist by providing background, applicable standards for each case and a staff analysis to help the Board navigate some of the finer nuances of the Code. Lehmann next discussed the different applications that come before the Board. First is the special exception, which is explicitly listed in the Zoning Ordinance and requires that seven general criteria and some specific standards must be met for that to be approved. There are two different kinds, one is for land uses, that certain land uses in certain zones are permitted by special exception. That allows a case by case analysis to make sure the special exception doesn't negatively affect surrounding properties. There are also adjustments to setbacks or various other requirements that are in the Zoning Code with some specific standards to help mitigate those negative consequences as well. Variances are rarer because they are basically allow forgiveness from the Zoning Code, a legal deviation, and it's something that is not explicitly allowed by special exception. It must meet a higher standard and the applicant has to show a necessary and unique hardship that cannot be caused by the owner. Finally is the appeal, which is a slightly different process. As noted before, it is when someone wants to question the interpretation of the City as it administers the zoning code. Overall, special exceptions are by far the most common. Next Lehmann went over the overall process, it starts with the City receiving an application. Depending on the date it comes in, it's got a certain review by date, which determines when it goes to the Board of Adjustment. Staff begins their review once the application is confirmed complete. The date that the application is complete is when staff decides which meeting of the Board the application ends up on. Public input is an important part of the process so staff puts a sign on the property as soon as they have the Board date set. Staff also sends letters to nearby property owners at least seven days before the meeting and puts a public hearing notice in the newspaper at that time. There is a time period to allow an opportunity for public comment which gives surrounding property owners or the general public who might have an interest in that specific case some time. Similarly, during the Board hearing there is an opportunity for public to speak in every Board action, but if the public is unable to attend the hearing they can submit written comments to staff to include in the agenda packet or to be provided to the Board just before the meeting. Board hearings are informal, so it is a non -adversarial opportunity to gather evidence and hear from the community. Depending on who is appointed to the Board, one may be a lawyer, but really the Board is just members of the community. It's a different level of formality than say, sitting in front of a judge. Following the hearing there's an opportunity for the Board's to discus and make a decision which is basically the ruling. The options for the board's decision are to approve the application, approve it with conditions, or deny it based on whether the applicable criteria are met. Approval always requires minimum of three votes, so even when there's only a quorum of three, all three would have to vote in the affirmative to approve an application. There is an opportunity for an applicant to appeal the Board decision but it doesn't go to City Council it goes directly into the judicial system. Board of Adjustment May 27, 2020 Page 3 of 9 Dulek shared the general order of events for Board hearings. The chair will begin by announcing the item as it appears on the agenda and next very importantly open the public hearing because that's the purpose and the time for the Board to gather the information that's provided to them in the agenda packet, from staff, written comments from the public and also whoever appears in person to provide information. Again, the purpose is for the Board to get as much information as available in order to make the decision. Staff starts by giving their report and then makes a recommendation based how staff sees the situation. The applicant will next speak then usually followed up with people who are in favor of or against the application. The Board can ask questions of staff or the applicant or any of the people against the application. Again this is all so the Board gets all the information they can. If there is a case where the Board wants more information, for example a traffic study, and the applicant is willing, the Board can continue the public hearing until another meeting, be that the next month or it can even schedule it for two days later so long as there is 24 hours' notice of the meeting, it's important for the Board to be comfortable that they have all the information and that the public hearing not be closed until the Board has all the information they need to make a decision. Once the public hearing is closed the Board is only able to speak among themselves, no more questions can be asked of the public or staff. Chrischilles asked if there is any way to reopen the public hearing. Dulek said there is no way to reopen it. If the Board really wanted more information or had more questions they could vote to defeat the application and have them reapply. Dulek reminded them that an item can be deferred and the public hearing would remain open. She noted sometimes at a City Council meeting they'll continue the public hearing until the next meeting and defer a decision on a matter because they're looking for more information, generally from the applicant, the developer, members of the public, or staff. Moving on, under Board bylaws the chair cannot make a motion or second the motion to approve. The motion for the special exception or the variance or the appeal is made by someone other than the chair and then must be seconded. All motions must be in the affirmative, and that doesn't mean you agree with it or that you're going to vote in favor of it, it just allows under Robert's Rules that the matter can be discussed, it is called putting it on the table. The Board then can discuss the application among themselves and then take a vote or it can be deferred. A vote can be deferred to the next meeting even if the public hearing is closed, the Board should never feel pressured to make a decision. A vote deferral usually only occurs in a few situations where there's a lot of information or a lot of new information provided at the public hearing. Again, the follow-up meeting can happen the next month or as soon as two days later, so long as the agenda is posted 24 hours in advance. And as mentioned earlier, the Board can approve it with or without conditions, the Board can add conditions, they can take away conditions that staff suggested, or they can deny the application. Lehmann asked if someone is the acting chair, if the chair is absent and someone else is acting as the chair, are they able to make motions and seconds. Dulek stated she was unsure but would look into that answer. She noted they will provide Board members with cheat sheets with items they think will be helpful to Board members. One of the items will be how to state the findings of fact, or if you want to add another fact or change a fact. For example, stating you Board of Adjustment May 27, 2020 Page 4 of 9 concur with the findings of fact in the staff report except for perhaps one that you feel there is just not enough to evidence to support it. Or you could recommend the Board adopt the findings of fact, with the following change such as adding or deleting a condition. If at least two other members agree with the findings of fact then the Board can vote. Moving on to what to do, Lehmann reiterated the Board should follow procedures as much as possible, it can be tricky and complicated, and you are not expected to be perfect but to the extent possible, everyone has to be able to follow those procedures because that can invalidate one of your decisions in court, if something were to get appealed to a district court. The Board should also obviously be professional and courteous and avoid conflicts of interest. If a member of the Board has any kind of financial interest in a project, direct or indirect, it is important to declare that. A Board member can ask questions to those speaking but be prepared to stay on track and redirect back to the topic if necessary. Because the Board is quasi-judicial, hearings are based on specific standards that you're judging against. Sometimes conversations stray, especially if emotions are high, so always be prepared to redirect them back and staff will help with that too. It is important to have that in mind during the public hearing, keep it on track to identify the facts relevant to the application. After the public hearing is closed and a motion has been made the Board may discuss findings and evidence, that's when you have an opportunity to discuss with each other and say what you're thinking. It is also important to apply the facts of the case to the City Code of Ordinances to determine if a proposed request complies. Moving on about what not to do, Lehmann noted it is important to be careful about major procedural errors such as failing to open and close a hearing, not stating findings of fact, because again all those things can invalidate a decision. Also try not to say things you wouldn't want to say in the courtroom, everything becomes public record and sometimes emotions can get heated and people say things they wouldn't normally. Also, the Board should not engage individuals during their public comments. If someone says something and you disagree with it, your job isn't to tell them they are wrong. You can ask for clarification but you're not there to change their mind, you're there to hear the facts and try to decide what's relevant. It is during the Board discussion period where you can say you don't think something was relevant or it doesn't really apply. Again, try not to stray too far from the issue at hand in the proposed request, and try to stick to the Code as much as possible. You also need to watch your personal opinions to the extent that you can, the Board is not there to judge the applicant or the idea in the application. It is important when making a decision to note what the standards say and how the application meets or doesn't meet the standards. As a Board member you don't have to agree with the standards, just to follow them. It is Council's role to make those decisions of what the standards are, and the Board is there to make rulings on the standards that exist. Chrischilles asked for clarification about how the Board is not there to judge the standards, but to interpret the standards that are set by City Council and the Board does not have the power or the ability to make suggestions as to what the City Council might look to change in the Code. When the Board dealt with the Kinnick stadium house dilemma it didn't feel as though the City Code addressed that particular type of dwelling or building and he brought up the fact that they needed to perhaps look at the City Code and decide if a new category might be created, in case something like that came up in the future, and nothing ever became of that. Board of Adjustment May 27, 2020 Page 5 of 9 Dulek replied that certainly a Board member can make a recommendation individually or as a group. She gave an example of a special exception on South Gilbert Street that was in the flood zone and the tenants were on the second floor. Obviously they weren't going to be flooded, but their access to their unit might be affected and there was nothing in the standards that addressed that. The Board made a recommendation to Council that on the disclosure form that all tenants receive about some basic information such as when your garbage is picked up and where to find the Iowa Code and so on and so forth, Council added to that disclosure info on how one can find out whether their apartment is in the floodplain and Council made the Code change based on the Board's recommendation. Council hears from all the boards and commissions and receives a variety of recommendations. Council acts on some of them but not all of them just like when staff makes recommendations Council doesn't act on all of them. In terms of the Kinnick house, she is guessing there wasn't four votes to put that forward. Russett noted they looked into that situation at the staff level and there was no other way to categorize the use that exists there besides it being a single family dwelling and didn't feel it was appropriate to create a new use. Lehmann added the Board or a member can make recommendations but the important thing is that when the Board is making a decision, they have to follow the criteria that exists, so even if they recommend there should be a change, they cannot judge the current case on what that change may or may not be. The decision and the findings of fact are based on current Code. Dulek next provided the Board with a couple of real cases that went up to both the Iowa Supreme Court and the Iowa Court of Appeals. In other words, these were decisions of the Iowa City Board of Adjustment that went to the local district court and that court made a decision and it was appealed all the way up to the either the Court of Appeals or the Iowa Supreme Court. The first example was a special exception Prybil Family Investments versus the Board to allow construction of a concrete manufacturing plant in a general industrial zone west of town. The Board approved the special exception and the adjacent property owner appealed. The adjacent property owner argued that there is a general standard that the proposed use cannot injure the use and enjoyment of nearby properties and it can't substantially impair the property values of the neighborhood. The Iowa Court of Appeals looked at this and noted substantial evidence exists when a reasonable mind could accept evidence as adequate to reach the findings. Dulek added that's what a court is always going to do, they're going to look to see if there was enough evidence before the Board so that the Board could have made the decision it did. Additionally, the Court said the absence of expert testimony is not fatal to the determination of substantial evidence of the Board's findings and the Board is permitted to rely on commonsense inferences as well as anecdotal evidence. Dulek noted that's one of the differences between a court of law and a quasi-judicial board made up of residents is that the courts are going to give deference to the Board as long as there's enough evidence to show how they made their decision. And the court concluded while they may disagree with the Board, they are not allowed to substitute their opinion for the Board's decision. The Board is given a tremendous amount of deference, but the key is explaining how it is that you reach that decision, because that's what the court is going to look at. The next case was Bontrager Auto Services versus the Board to allow construction of Board of Adjustment May 27, 2020 Page 6 of 9 transient housing in a commercial district. The Board approved the special exception and there was a tremendous amount of opposition and feedback and 5 businesses and 15 neighbors sued and filed the appeal. Again one of the issues was whether the standard was met, that it would substantially impair property values and the Board concluded it would not substantially impair property values. The Iowa Supreme Court said that while the issue is close, they concluded there was substantial evidence to support the Board's decision. Expert testimony concerning the valuation of the property is not required by our cases or by the Iowa City Code. Again, this reflects the deference given to a quasi-judicial board. As long as there's substantial evidence for the court when reviewing the transcript and reading the decision to determine how the Board reached its decision. The Court went on to say they think this evidence considered collectively is adequate to support the Board's conclusion that the proposed special exception would not substantially diminish or impair the value of neighboring properties. Although there was evidence to the contrary, the reasonableness of the Board's decision is open to a fair difference of opinion and therefore the Board's decision should be affirmed on that basis. Again, the Court will not substitute its own decision, if they can find how you reached that decision, why you reached a decision and if it's in the realm of reasonableness, they will uphold the decision. Dulek also noted there have been cases where it doesn't go as well, there was a case in Des Moines where everybody there agreed, but both parties were talking to Board members before the public hearing in what is called ex-parte communication and the Court of Appeals stated the parties whose rights are involved are entitled to the same fairness, impartiality and independence of judgment as expected in a court of law. Although procedures and rules are less rigid in quasi-judicial bodies than the courts, there can be no difference under our concept of justice between the two proposals in respect to these fundamental requirements. The court went on to say they determined that there are compelling considerations, including the basic consideration of fairness, which demand ex-parte communications between County boards (this happened to be a county rather than a city Board of Adjustment) who are exercising their adjudicatory functions and interested parties should not occur. So it is important that if someone comes up and says, "hey I know on your agenda next Wednesday, you're talking about this and I want to talk to you about it", that person should come to the hearing, or write to the Board. It's very important that the Board members not discuss the application with each other or anybody else. Board members can drive by the site, individually, but that's different. There was another case where the Board did not make the necessary findings. It was a variance and the Board approved the variance. The opposing side, the party appealing, said there wasn't the evidence on the unnecessary hardship. The Court first defined what unnecessary hardship is and then concluded that the Board did not require that the applicant meet those requirements. The Board's granting of the variance was thus illegal. The Board needs to make sure that there are enough facts to support or deny the application. Chrischilles asked what happened in that case, where does it fall if the Board's job is not to ensure that somebody has a reasonable return on investment. If a person's piece of property won't make much money if there's just a single-family dwelling on it and they're looking to make it a duplex, is that evidence enough. He noted it is not the Board's job to make sure that a person is able to make money off this property. Dulek replied it's one of the standards to grant the variance and applicant must show they can't make any money due to the zoning Board of Adjustment May 27, 2020 Page 7 of 9 requirement. They have to prove that in order to get the variance and what the Court said here is the Board didn't make the applicant jump through those hoops. Lehmann added the applicant cannot have caused the issue themselves, such as if a person bought land and built a house someplace where they are not supposed to, without looking it up, and now they want a variance. That is the person's fault for not checking first. Chrischilles noted what comes to his mind is if the property was in a certain category, and they knew that when they invested in it, that's tough luck they should have checked it out and made sure a single dwelling could make money there before they even invested. Dulek noted one can serve easily five years on the Board of Adjustment never have a variance, because it's so difficult to meet that hardly no one even applies. It's just a very, very difficult standard to meet and the unnecessary hardship is just one of the standards, there are others. Chrischilles noted an unnecessary hardship could be that the zoning got changed after the person bought the property, the Board had a case like that once and they were disputing that fact that they bought the property under those circumstances and now the circumstances have changed. Lehmann asked if any commissioners had additional questions. Chrischilles asked what's the best time to request an extension of a public hearing or to end it. Dulek stated it depends on whether the Board wants more information or just simply more time to consider. If the Board needs more information, they want to make sure that that gets done before the public hearing is closed. If it's just a matter of additional time to think through and take it all in, then an item can be deferred after the public hearing is closed. Dulek noted it is okay for the Board to take a temperature check before to see how members are feeling before the chair closes the hearing. Hazell asked if they simply want more time, do they have to make a motion to do that and vote on a motion to defer consideration. Dulek confirmed that is correct. Pretorius noted she has on her cheat sheet that before she closes the public hearing she asks if there are there any other issues on which the Board wishes to have more clarity or any final questions before the public hearing is closed. Pretorius noted that is the opportunity for the Board members to say if they are not comfortable closing the public hearing if it seems like there're missing a lot of information. Cox stated this has been helpful and it was nice to look at some case history. One thing really highlighted here was the commonsense approach and the anecdotal approach. The role of the expert is helpful, but it should not necessarily be the thing that would persuade us if we as a Board didn't think that something was matching up with the Code. Dulek noted in that Bontrager case there were 37 people spoke at that public hearing. Cox noted that even with that degree of public disagreement, the Board had enough fact that they felt comfortable proceeding and the Court upheld that decision. Just because there is a lot of disagreement if it isn't based on the Board of Adjustment May 27, 2020 Page 8 of 9 ordinance it can't sway the Board. It is encouraging that if Board follows the facts and make a deliberative decision, even if it's not popular, it might be the right choice. Lehmann noted that at any time a Board member has other questions they can always send staff the questions such as "my neighbor is the person that's the applicant. Is that a problem?". If the question is on a specific case staff may not answer as they wrote the staff report to contain staffs opinion and they don't want to be swaying the Board one way or the other. Pretorius noted it will be helpful to have those cheat sheets that Lehmann talked about. Lehmann noted in the future, staff will regularly do this training closer to when new people are appointed so they're not just thrown into the shark tank and have an opportunity to be better prepared. CONSIDER THE MAY 13. 2020 MINUTES: Chrischilles moved to approve the minutes of May 13, 2020. Parker seconded the motion. A vote was taken and the motion carried 5-0. ADJOURNMENT: Chrischilles moved to adjourn this meeting, Parker seconded, a vote was taken and all approved. Board of Adjustment May 27, 2020 Page 9 of 9 BOARD OF ADJUSTMENT ATTENDANCE RECORD 2020 NAME TERM EXP. 1/8 2112 418 5/13 5/27 CHRISCHILLES, GENE 12/31/2022 X X X X X COX, ERNIE 12/31/2020 X O/E X X X HAZELL, ZEPHAN 12/31/2021 X O/E X X X PARKER, BRYCE 12/31/2024 0/E X X X X PRETORIUS, AMY 12/31/2023 X X X X X Key: X = Present 0 - Absent O/E = Absent/Excused -- -- = Not a Member