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HomeMy WebLinkAbout2020 Board of Adjustment DecisionsFfe, . IIN�IINIINI�IINN�NNN�I�Nd�NIN�ININNINNIIINI Doc ID: 027605230004 Type: GEN Kind: DECISION Recorded: 01/31/2020 at 10:10:40 AM Fee Amt: $22.00 Pape 1 of 4 Johnson County Iowa Prepared by Anne Russett, Senior Planner, 410 E. Washington, Iowa City, IA 52240; 319/356-5251 Kim Painter County Recorder DECISION BK6004 PG400-403 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JANUARY 8, 2020 EMMA J. HARVAT HALL MEMBERS PRESENT: Zephan Hazell, Ernie Cox, Amy Pretorius, Gene Chrischilles MEMBERS ABSENT: Bryce Parker d N STAFF PRESENT: Sue Dulek, Anne Russett c �a OTHERS PRESENT: Siobhan Harman, Scott McDonough— �� o r— xa SPECIAL EXCEPTION ITEMS: rn M CI 1. EXC19-12: A public hearing regarding a special exception application submitted bvt<um & Go LLC to allow a quick vehicle servicing use in the Riverfront Crossings District inthe Riverfront Crossings — South Gilbert (RFC -SG) zone located at the northeast corner of S. Gilbert Street and Highland Avenue. The Board concludes that all vehicular areas, including parking and stacking spaces, drives, aisles, and service lanes, will be screened from the public right of way to the S2 standard and to the S3 standard along any side or rear lot line that abuts a residential zone boundary based on the following findings: The subject site is not abutting any residentially zoned properties, so the S2 screening standards apply. o The S2 standard requires enough shrubs to form a landscape screen ranging between two and four feet in height The concept plan submitted by the applicant shows trees and shrubs screening the parking area along both Highland Ave. and 3rd St. and a wall screening the parking area along S. Gilbert St. Staff will ensure compliance with screening standards during design review and site plan review. The Board concludes that the proposed quick vehicle servicing use will have sufficient vehicle stacking spaces to prevent congestion and vehicle conflicts along abutting streets based on the following findings: • The concept plan shows sufficient vehicle stacking and parking spaces to accommodate anticipated traffic volumes. • The current access points off S. Gilbert St. create congestion and safety issues due to their proximity to nearby intersections and the amount of traffic this street experiences daily. Additionally, Highland Ave. experiences a significant amount of traffic as it is one of the few through east/west streets that cross the CRANDIC railroad. To help mitigate these issues, the condition that both Gilbert St. access points and one Highland Ave. access point must be closed was attached to the rezoning of this property on December 17, 2019. The Board concludes that the unenclosed canopies over gas pump islands will be setback at least 10' from any street right of way and that fuel dispensing equipment will be setback at least 10' from any street right of way and at least 50' from any residential zone boundary based on the following findings: • The concept plan submitted by the applicant shows the canopy over the gas pump island at least 30 feet away from the right-of-way. • The site is not within 50' from any residential zone boundary. The Board concludes that the lighting will comply with the provisions of title 14, chapter 5, article G, "Outdoor Lighting Standards," based on the following finding: • All lighting will be reviewed during the design review stage by the Form Based Code Design Review Committee, as well as during the site plan review stage. The Board concludes that the quick vehicle servicing use will comply with the standards set forth in title 14, chapter 2, article G, "Riverfront Crossings and Eastside Mixed Use Districts Form Based Development Standards," based on the following finding: During the design review stage, the Form -Based Code Design Review Committee will review the plans to ensure compliance with Chapter 2, Article G. The Board concludes that the quick vehicle servicing use will not have any detrimental or endangering effects on the surrounding public realm based on the following findings: • There is an existing convenience store with fuel sales located on this site. • This special exception will allow the reconstruction of the existing building and site to improve access from public streets, circulation within the site, and provide physical and aesthetic site improvements. • The recent rezoning included a condition that the applicant dedicate additional right-of-way along S. Gilbert St. in order to provide a more pedestrian friendly environment and create a wider landscaped buffer between traffic on S.91iIbert St. and the public sidewalk. - d The Board concludes that the quick vehicle servicing use will not be injurimmtgth@`yse of- — other property in the immediate vicinity based on the following findings: = n o !� __ M r- • As there is an existing convenience store with fuel sales on site proposed use would not change. • Approval of this special exception would allow for a reconstruction of thiii site with an updated building and landscaping, improving the building both aesthetically and physically. • Any additional lighting and noise created by this redevelopment will not be injurious because of its location near Highway 6, its location on an arterial street (S. Gilbert St.), and all the development across S. Gilbert St. to the west. The Board concludes that the quick vehicle servicing use will not impede normal and orderly development and improvement of surrounding properties based on the following findings: • The surrounding properties are developed, but eligible for redevelopment under the Riverfront Crossings Form Based Code. • The redevelopment of the subject property will improve circulation on S. Gilbert Street as the two current access points to the site will be closed. The Board concludes that all necessary utilities and other facilities (access roads, streets, sidewalks, storm water management etc.) are already in place for this property and the surrounding neighborhood. The Board concludes that adequate measures have been taken to provide ingress and egress designed to minimize traffic congestion based on the following findings: • The current site has access points off of S. Gilbert St., Highland Ave., and 3rd St. A condition was attached to the recent rezoning that the applicant must close all access points from S. Gilbert St. and have only one access point from Highland Ave. in order to minimize traffic congestion on surrounding streets and at the intersection of S. Gilbert St. and Highland Ave. The Board concludes that the property complies with all other regulations and standards of the zone in which it is located. The Board concludes that the exception is consistent with the Comprehensive Plan of the City based on the following findings: • The Future Land Use Map of the Comprehensive Plan has designated this area for Mixed Use Development. o The Mixed Use land use designation includes a variety of retail, office, and residential uses. • The Comprehensive plan also supports urban infill and redevelopment in certain areas of the City, including in the Riverfront Crossings District. • The Riverfront Crossings Master Plan calls for a pedestrian scale development in this area along S. Gilbert St., with buildings to the front of the street and parking to the rear. It also calls for a retail/convenience store in this area to serve local residential and commercial uses. • The Master Plan envisions this area to be redeveloped and shows a building placed in the front corner of the lot with parking in the rear. DISPOSITON: by a vote of 4-0, the Board approved a special exception allowing a quick vehicle servicing use in the RFC -SG zone at the northeast corner of S. Gilbert St. and Highland Ave. TIME LIMITATIONS:w--D All orders of the Board, which do not set a specific time limitation on Applicantabtion shall expire six (6) months from the date they were filed with the City Clerk, unlesiihe application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of Iowa City, Iowa. � "^ — Approved by: Amy torius, Chairperson ` � I- d S do City Attorney's Office STATE OF IOWA ) JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 8" day of January, 2020 as the same appears of record in my Office. Dated at Iowa City, this �` day of Q ocA CX 0 , 20 –�-O Kellie' K. Fruehling, 1P Clerk c n O fiM a M o- co 0 .n • r IIII nll III VIII VIII IIIDIIIIIVlII VIII VIII VIIII III VIII VIII IIII IIII Doc ID: 027623620003 Type: GEN Prepared by: Jade Pederson, Planning Intern, 410 E. Washington, Iowa City, IA52240; 319/356-5230 Kind: DECISION Recorded: 02/28/2020 at 12:56:07 PM Fee Amt: $17.00 Page 1 of 3 DECISION Johnson county Iowa IOWA CITY BOARD OF ADJUSTMENT Kim Painter county R�e+corder WEDNESDAY, FEBRUARY 12, 2020 sK6012 P13176-178 EMMA J. HARVAT HALL MEMBERS PRESENT: Bryce Parker, Amy Pretorius, Gene Chrischilles ti a r� MEMBERS ABSENT: Zephan Hazell, Ernie Cox rn a..' STAFF PRESENT: Sue Dulek, Anne Russett - 7 G N -- -{C7 --- J OTHERS PRESENT: Allan Berger, Kim Garner, Thomas McInerney M SPECIAL EXCEPTION ITEMS: 1. EXC20-01: A public hearing regarding a special exception application submitted by Man Berger and NREP, L.L.C. to expand an animal related commercial use in the Commercial Office (CO -1) zone at the property located at 3030 Northgate Drive. The Board concludes that all aspects of the operation of the facility, including any accessory uses will be conducted completely indoors within a soundproof building based on the following findings: • Operation of the animal related commercial uses will remain in the portion of the primary building containing the veterinary clinic, as determined in EXC05-00002, which is soundproofed. • Accessory structures will not be used for the storage of animals. The Board concludes that this expansion of an animal related commercial use will not have any detrimental or endangering effects on the surrounding public realm based on the following findings: On-site commercial uses will remain the same. The expansion of use will not increase traffic to the site. An existing maintenance shed, which has been broken into, will be removed with the construction of the new structures. The new structures will be more secure. The Board concludes that this expansion of an animal related commercial use will not be injurious to the use of other property in the immediate vicinity based on the following findings: The properties to the north, east, and west of the subject property are undeveloped. The animal related commercial use will remain in the existing building and will not be expanded into the proposed accessory structures. The accessory structures will be set back at a minimum of 15 feet 7 inches from the adjacent properties. The Board concludes that this expansion of an animal related commercial use will not impede normal and orderly development and improvement of surrounding properties based on the following findings: The development or improvement of the surrounding properties will not be impacted by the proposed structures. The structures will be located behind the existing building and away from the street and previous development. The Board concludes that this expansion of an animal related commercial use will have adequate utilities and other facilities (access roads, streets, sidewalks, storm water management, etc.) based on the following findings: The property already has access to all necessary utilities and facilities. Additional electrical service will connect to the primary building to utilize the power generated by the solar panels. An internal storm water drainage system connected to the existing primary building's system will be provided as required by the Subdivider's Agreement for the Highlander Development Third Addition. The storm water management plans will be reviewed to ensure compliance with the Subdivider's Agreement and applicable City codes as part of the site plan review process. The Board concludes that adequate measures have been taken to provide ingress and egress designed to minimize traffic congestion based on the following findings: • The current site has two separated parking areas, each with access from Northgate Drive. • The proposed area for the accessory structures connects to only the upper east parking lot, which is behind the primary building. • No changes are being proposed to the existing parking or access. The Board concludes that the property complies with all other regulations and standards of the zone in which it is located. The Board concludes that the exception is consistent with the Comprehensive Plan of the City based on the following findings: • The current designation of this property is consistent with the Future Land Use Map of the Comprehensive Plan and will not change because of the exception. • The Comprehensive Plan encourages the responsible use of natural and energy resources. DISPOSITON: By a vote of 3-0, the Board approved a special exception allowing the expansion of an animal related commercial use in a Commercial Office (CO -1) zone at the propeii located at 3030 Northgate Drive subject to the following condition: CDo n 1. The accessory structures shall not contain animal related commercial L{SW ar}� therefore, the accessory structures do not need to meet the soundproofM9iegaitemdnt. rn " F TIME LIMITATIONS:-- All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of Iowa City, Iowa. Amy Preto s, Chairperson STATE OF IOWA JOHNSON COUNTY Approved by: City Attorney's Office I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 12'" day of February, 2020 as the same appears of record in my Office. Dated at Iowa City, this 2�k- day of LthluL L 202-0 Kellie K. Fruehling, y Clerk ree Illllllllllllllllllllllullllllllllllllllllllll�llllllllllllllllll��l���������� Doc ID: 027675790003 Type: GEN Kind: DECISION Recorded: 05/01/2020 at 01:35:41 PM Fee Amt: $17.00 Page 1 of 3 Johnson county Iowa Kim Painter County Recorder 8K6036 PG313-315 Prepared by: Jade Pederson, Planning Intem, 410 E. Washington, Iowa City, IA 52240; 3191356-5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, APRIL 8, 2020 EMMA J. HARVAT HALL MEMBERS PRESENT: Bryce Parker, Amy Pretorius, Gene Chrischilles, Emie Cox, Zephan Hazell MEMBERS ABSENT: STAFF PRESENT: Sue Dulek, Anne Russett, Kirk Lehmann OTHERS PRESENT: Siobhan Harman SPECIAL EXCEPTION ITEMS: 1. EXC20-03: A public hearing regarding a special exception application submitted by Kum & Go LLC requesting a waiver from the minimum 2 -story building requirement in the Riverfront Crossings — South Gilbert (RFC -SG) zone for a quick vehicle servicing use near the intersection of S. Gilbert Street and Highland Avenue. The Board concludes that the proposed quick vehicle servicing use cannot comply with a specific standard as indicated in Section 14-413413-121 of the Zoning Code and the intent of the development standards are not unduly compromised based on the following findings: • The property is located in the Riverfront Crossings District and zoned RFC -SG; and therefore, eligible to request a waiver from standards outlined in Section 14- 4B4B12i of the zoning code. • The applicant requested a waiver from Section 14AB1113-121 which requires properties in the Riverfront Crossings District to comply with the Riverfront Crossings Form -Based Code and more specifically requires buildings in the RFC -SG zoning district to have a minimum of 2 -stories. • The use that is proposed is a convenience store, which is typically a 1 -story building. • The site is approximately 1.15 acres in size. The plans show 21 parking spaces with no additional space for more parking. An additional story would require more parking. Without changes to the number of gas pumps or a reduction in the size of the building, the site would not be able to accommodate the additional parking required by a second story. • The applicant proposed higher external building walls, which would range from 22' to 24'8", which give the appearance of a 2 -story building, which should be a condition imposed • The intent of the 2 -story minimum requirement is to promote the creation of economically vital, mixed-use, and pedestrian friendly districts. The Board concludes that this waiver of the 2 -story requirement for a quick vehicle servicing use in the RFC -SG zone will not have any detrimental or endangering effects on the surrounding public realm based on the following findings: • There is an existing convenience store with fuel sales located on this site. • The Board of Adjustment recently approved allowing a new convenience store with fuel sales at this site (EXC 19 -12 recorded January 31, 2020 in Book 6004, Page 400-403 in the Johnson County Recorder's Office) • The request will not change the use or access to the site. • The request will result in a 1 -story building instead of a 2 -story building. The Board concludes that this waiver of the 2 -story requirement for a quick vehicle servicing use in the RFC -SG zone will not be injurious to the use of other property in the immediate vicinity based on the following findings: • The proposed request will not change the use or access to the site. • A reduction in the height of the building will not be injurious to the use and enjoyment of other property in the immediate vicinity. The Board concludes that this waiver of the 2 -story requirement for a quick vehicle servicing use in the RFC -SG zone will not impede normal and orderly development and improvement of surrounding properties based on the finding that the surrounding properties are developed, but eligible for redevelopment under the Riverfront Crossings Form Based Code The Board concludes that this site will have adequate utilities and other facilities (access roads, streets, sidewalks, storm water management, etc.) based on the finding that the property already has access to all necessary utilities and facilities and redevelopment will not require off-site improvements. The Board concludes that adequate measures have been taken to provide ingress and egress designed to minimize traffic congestion based on the finding that the current site has access points off S. Gilbert St., Highland Ave., and 3'" St. A condition attached to the rezoning (Ordinance No. 19-4814) requires that the applicant close all access points from S. Gilbert St. and have only one access point from Highland Ave. in order to minimize traffic congestion on surrounding street and at the intersection of S. Gilbert St. and Highland Ave. The Board concludes that the property complies with all other regulations and standards of the zone in which it is located based on the finding that through the design review process, staff will ensure compliance with the Riverfront Crossings Form -Based Code The Board concludes that the exception is consistent with the Comprehensive Plan of the City based on the following findings: • The Future Land Use Map of the Comprehensive Plan has designated this area for Mixed Use Development which includes a variety of retail, office, and residential uses. • The Comprehensive Plan supports urban infill and redevelopment in the Riverfront Crossings District. • The Riverfront Crossings Master Plan calls for a pedestrian scale development in this area along S. Gilbert St., with building to the front of the street and parking to the rear. It also calls for a retail/convenience store in this area to serve local residential and commercial uses. • The Master Plan envisions this area to be redeveloped and shows a building placed in the front corner of the lot with parking in the rear. DISPOSITON: By a vote of 5-0, the Board approved a waiver of the 2 -story minimum building requirement for a property with a quick vehicle servicing use located in the Riverfront Crossings — South Gilbert zone and at the northeast comer of South Gilbert Street and Highland Avenue subject to the following condition: 1. That the proposed convenience store be built with higher external building walls, a minimum of 22' in height, to give the appearance of a 2 -story building. 2. Extension Request: A request submitted by Kum & Go LLC to extend the expiration date from six months to 12 months for EXC19-12, a special exception approved to allow a quick vehicle servicing use in the Riverfront Crossings — South Gilbert (RFC -SG) zone (recorded January 31, 2020 in Book 6004, Page 400-403 in the Johnson County Recorder's Office) and EXC20-03, a special exception to waive the minimum 2 -story requirement. The request is to extend the expiration date until January 30, 2021. DISPOSITION: By a vote of 5-0, the Board approved an extension to change the expiration date of EXC19-12 and EXC20-03 to January 30, 2021. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14 -BC - 1 E, City of Iowa Ci Iowa._ Amy P torius, Chairperson *AW ' ,l City Attorney's Office - Sue Dulek 04/28/2020 STATE OF IOWA JOHNSON COUNTY I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 12" day of February, 2020 as the same appears of record in my Office. Dated at Iowa City, this ����� day of l 20 i Kellie I . Fruehling, City 9 ark Fee Doc ID: 027710860004 Type: GEN Kind: DECISION Recorded: 06/03/2020 at 10:59:44 At Fee Amt: $22.00 Page 1 of 4 Johnson County Iowa Kim Painter County Recorder Preprered by: Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319-356-523%K6051 PG85 2-855 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, May 13, 2020 ELECTRONIC MEETING — ZOOM MEETING PLATFORM MEMBERS PRESENT: Gene Chrischilles, Ernie Cox, Zephan Hazell, Bryce_ Pa�j er, Amy Pretorius MEMBERS ABSENT: None C9 STAFF PRESENT: Sue Dulek, Anne Russett, Kirk Lehmann OTHERS PRESENT: Tom Maxwell, Kate Maxwell, Mark Kennedy, Thomas McInerney SPECIAL EXCEPTION ITEMS: 1. EXC20-04: A public hearing regarding a special exception application submitted by Tom Maxwell requesting a waiver from the minimum 15 -foot building setback in the Low Density Single -Family Residential (RS -5) zone to construct an addition at 6 Melrose Circle. The Board concludes that the situation is peculiar to the property in question based on the following findings: • The subject property was established before current zoning standards. • The southeast building face fronts the street. The principal building is within the current setback, around nine feet from the front lot line. • The addition is proposed to replace a sunroom currently attached to the northeast building face. The northwest building face is attached to a wooden deck with a gazebo. The southwest building face fronts the driveway. • The street -side setback varies widely among properties in the area. The adjacent lot to the north, 629 Melrose Avenue, extends to the middle of Melrose Circle. The primary building on the property to the east, 3 Melrose Circle, is approximately 12 feet from the front lot line. The Board concludes that there is practical difficulty in complying with the setback requirements based on the following findings: • The house itself sits within the current front setback. • The rationale for the size and location of the proposed addition is based on accommodating an aging -in-place strategy. The centered and northeastern placement of the proposed addition allows connection to the primary building. The Board concludes that granting the exception will not be contrary to the purpose of the setback regulations, which are to: a. maintain light, air separation for fire protection, and access for firefighting; b. provide opportunities for privacy between dwellings; c. reflect the general building sale and placement of structures in Iowa City's neighborhoods; d. promote a reasonable physical relationship between buildings and between residences; and e. provide flexibility to site a building so that it is compatible with builds in the vicinity based on the following findings: The proposed building addition will be no closer than approximately 30 feet to any adjacent property. This meets items a, b, d, and a of the purpose of the setback regulations. The reduction would be in line with the general scale and placement of structures within the neighborhood; the principal building at 3 Melrose Circle is approximately 12 feet from the front lot line. The Board concludes that any potential negative effects resulting from the setback exception are mitigated to the extent practical based on the finding that the layout of the current structures in the area will not experience potential negative effects due to the setback exception. The Board concludes that the subject building will be located no closer than 3 feet to a side or rear property line based on the finding that the proposed addition will be 12 feet from the nearest lot line. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: The use and intensity of the property will not change due to the addition, nor will access to the property and surrounding properties be affected. The proposed addition will not interfere with visibility on Melrose Circle. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the finding that the proposed addition will not impact the ability of neighbors to utilize and enjoy their properties, nor will it negatively impact property values in the neighborhood. The Board concludes that 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 based on the following findings: • The surrounding neighborhood is already fully developed with a mix of residential and institutional uses. ," • The proposed building addition will be no closer than approximately 3t*et from any adjacent property under private ownership. The Board concludes that adequate utilities, access roads, drainage and/oEbtrces'ory _. facilities have been or are being provided based on the following findings: I 3 - • The subject property is already developed, and all utilities, acre 4 i;ad� drainage and necessary facilities are established for this neighborhood.o • Pedestrian access is provided by a sidewalk on the east side of Melrose l;ircle. • The proposed location of the addition does not contain underground utilities. • Green space surrounds the proposed addition which allows the absorption of any additional stormwater runoff. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • No changes are being proposed to the existing driveway, sidewalk or street. • The property is at the end of the street connecting the private road Melrose Circle. • Parking is provided onsite to the west of the primary building and will not be impacted by the proposed addition. • Traffic is mostly limited to residents, and the addition will not impact traffic. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: The proposed addition will not cause the property to exceed the maximum lot coverage of 45 percent or maximum height of 35 feet. Rear and side setbacks requirements will be met by the proposed addition. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use Map of the Comprehensive Plan designated this area for Residential (2-8 Dwelling Units Per Acre). The Future Land Use Map of the Southwest District Plan designated this area for Single Family/Duplex Residential. The current land use of this property is consistent with the Comprehensive and District Plans and will not change because of the proposed special exception. • The Comprehensive Plan's vision includes to "Preserve Historic Resources... in Established Neighborhoods' (p.21) which is carried out through the strategy of supporting the goals of the Historic Preservation Commission and supporting reinvestment in housing in existing neighborhoods' (p.29). The Plan also notes that in order to "protect our community's historical... assets" the City should "Continue support for the Iowa City Historic Preservation Plan" (p. 26) • The City's Historic Preservation Plan includes the following goals: "Continue municipal policy of protection of historic resources and implement this policy through... regulatory measures' (p. 34) and "...integrate preservation objectives in related planning work undertaken by the City of Iowa City" (p. 61). • The primary building is a key contributing structure in the National Regimr of Historic Places -Listed Melrose Historic District, and the sunporch proposed for demolition is original. DISPOSITON: By a vote of 4-0-1 (Parker abstaining because he arrived during the middle of the of public hearing), the Board approved a reduction of the required front setback requirement along Melrose Circle from 15 feet to 12 feet for the property located at 6 Melrose Circle, TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of Iowa City, Iowa. Approved by: Amy etorius, Chairperson City Attorney's Office STATE OF IOWA JOHNSON COUNTY I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 13`h day of May, 2020 as the same appears of record in my Office. Dated at Iowa City, this 1� day of � (.l_tte— , 20 —�-D N 0 N O �n N r m co 0 W 1111111111111111111111111111111111111111111111111111111111111111111111111111111 Doc ID: 027738130008 Type: GEN Kind: DECISION Recorded: 06/23/2020 at 02:48:19 PH Fee Amt: $42.00 Page 1 of 8 Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319.756-52 Johnson County Iowa Kim Painter County Recorder DECISION BK6064 PG411-418 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, June 10, 2020 ELECTRONIC MEETING—ZOOM MEETING PLATFORM FFA MEMBERS PRESENT: Gene Chrischilles, Ernie Cox, Bryce Parker, Amy Pretorius MEMBERS ABSENT: Zephan Hazell STAFF PRESENT: Sue Dulek, Anne Russett, Kirk Lehmann, David Schwindt OTHERS PRESENT: Eddie Cole, Cady Gerlach, Crissy Canganelli, Dan Broffitt, Joel Fagan, Kathleen Crawford, Kirsten Frey, Sam Alexakis, Jessica Egli, Josh Moe SPECIAL EXCEPTION ITEMS: 1. FXC20-05: 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. The Board concludes that the proposed development will meet the following specific standard found in 14 -4B -4D -6a. Maximum Density: 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. This is based on the following 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. The Board concludes that the proposed development will meet the following specific standard found in 14 -4B -4D -6b. 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, pr if permitted as a special exception said plans must be submitted with the special..exceptftn application. This is based on the following findings: • A site plan and management plan are included in the application. N r- • The management plan contains provisions to address potential nuisa�Pi in@6ding" the following: M ?" P j! 0 Lnotering. Shelter House staff shall request individuals without a IiiR wtgare r,:7, not welcomed as a visitor of a current tenant, volunteer, or partneu'k1g service provider to leave the premises, with the support of the Iowa City Police cn 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 875-5). 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. The Board concludes that the proposed development will meet the following specific standard found in 14 -4B -4D -6c. 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 is based on the following findings: • The application was submitted because the property is adjacent to a property zoned as high density single-family residential (RS -12). The Board concludes that the proposed development will meet the following specific standard found in 14 -4134D -6d. 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. This is based on the following findings: • City 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, City 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. The Board concludes that the proposed development will meet the following specific standard found in 14 -4B -4D -6e. Site and Building Development Standards: The proposed facility must comply with the minimum standards as specified in the Iowa City housing code, as amended, and maintain a rental permit. 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. This is bald on the following findings: �>: N JF— �^> 0 N -- O N • City 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. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The proposed 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. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following 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 1/4 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 indtcbtes 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, inclugiaj� residential and institutional uses, and is of a similar scale to nearby buildings. --r� M -C 7�z -"' QD m cn cn The Board concludes that establishment of the spec 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 based on the following 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. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following 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. City staff will work with the owner to ensure the proposed facility meets all relevant City codes prior to issuance of a building permit. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • 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. • City staff will work with the owner to ensure the proposed facility meets all relevant City codes prior to issuance of a building permit. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: • The proposed facility will need to comply with all relevant City codes, including codes pertaining to zoning setbacks and other site development standards. • City staff will work with the owner to ensure the proposed facility meets all relevant City codes prior to issuance of a building permit. T�p Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following 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 c> c� 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. DISPOSITON: By a vote of 4-0 (Hazell absent), the Board approved EXC20-05, which will allow the establishment of a Community Service — Long Term Housing use in a CIA 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. 2. 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. '-I The Board concludes that the proposed development will meet the following specific ` standard found in 14 -4E -BC -4a. 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. This is based on the following findings: • The Englert Theatre is listed in the National Register of Historic PlacetiorrA r7 Register Information System Identification number 1000911. c' cn The Board concludes that the proposed development will meet the following specific standard found in 14 -4E -8C -4b. 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. This is based on the following 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. The Board concludes that the proposed development will meet the following specific standard found in 14 -4E -8C -4c. 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. This is based on the following 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. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: The 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. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following 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. The Board concludes that establishment of the specific proposed exception will not impede ttlenormal and orderly development and improvement of the surrounding property for uses permitliad=in the district in which such property is located based on the following findings: cls Thp-marquee will project over the public sidewalk on the south side of East cv 1t ington Street. • The surrounding area is fully developed with a mix of commercial, residential, and institutional uses. • The proposed rehabilitation will not impact future development. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following 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. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • 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. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: • The 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. • City 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. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following 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). N The Comprehensive Plan's vision includes to "Preserve Historic Resource;." (p.21) to be carried out by supporting "the goals of the Historic Preservation CorrtFillssion" (p.29). The Historic Preservation Commission has approved a Certificate of Appropriate(tess for the project, subject to approval of a special exception. rn cn DISPOSITON- By a vote of 4-0 (Hazell absent), the Board approved EXC20-06, to allow the proposed changes to the nonconforming sign at the property located at 221 East Washington Street. All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of Iowa City, Iowa. ry`^'sEGeLG aouooy .sneo O6/1P/2o 1] vM mr GZR-MIFI(EMC6MBRB Amy Pretorius, Chairperson STATE OF IOWA JOHNSON COUNTY Approved � City Attorney's Office I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 10th day of June, 2020 as the same appears of record in my Office. Dated at Iowa City, this oZoi �� day of J c-ne- , 20d O V Kellie K Fruehli+CiClerk c:. VVV rti; - IIIIIIIIIIIIIIIIIIIillllllllllilllllllllllllllllll!illlilllllllll!IIIIIIIIIIIIII Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, lora City, IA 52240; 319-356-5230 T m Doc ID: 027783570005 Type: GEN Kind: DECISION DECISION Recorded: 07/29/2020 at 10:08:25 AH Fee Amt: $27.00 Page 1 of 5 IOWA CITY BOARD OF ADJUSTMENT Johnson County Iowa WEDNESDAY, JULY 15, 2020 Kim Painter county Recorder ELECTRONIC MEETING—ZOOM MEETING PLATFORM BK6083 PG791-795 MEMBERS PRESENT: Gene Chrischilles, Ernie Cox, Zephan Hazell, Bryce Parker, Amy Pretorius c= O MEMBERS ABSENT: None _ C_ V1 STAFF PRESENT: Sue Dulek, Anne Russett, Kirk Lehmann, Joshua Engelbrecl$ o' OTHERS PRESENT: Britni Andreassen, Keith Weggen, Michael Pugh, Siobhan hla�an� ��� a 1. EXC20-07: A public hearing regarding a special exception application submitted by Britni Andreassen on behalf of Kum & Go L.C. requesting waivers from the 3 -foot parking setback behind the secondary street fagade along 3rd Street and from the frontage type and related design requirements for the north fagade at 1310 South Gilbert Street & 348 Highland Avenue. The Board concludes that the proposed development will meet the following specific standard found at 14-413-46-12j. Waivers from Development Standards for Quick Vehicle Servicing in RFC Zoning Districts: For properties located in the CB -2 zone, CB -5 zone, riverfront crossings district, eastside mixed use district, or towncrest design review district, where it can be demonstrated that the proposed quick vehicle servicing use cannot comply with a specific standard as indicated in subsections B12h and B12i of this section, the board of adjustment may grant a special exception to modify or waive the provision, provided that the intent of the development standards is not unduly compromised. The board of adjustment may impose any condition or conditions that are warranted to mitigate the effects of any variation from these development standards. This is based on the following findings: The property is zoned RFC -SG and is in the Riverfront Crossings District. It is therefore eligible to request a waiver from standards outlined in Section 14-46- 46-12i of the zoning code, which requires that properties in the Riverfront Crossings District comply with the Riverfront Crossings Form -Based Code. The applicant requested waivers from the following two sets of requirements: o Sethn .k and Screening Requirements, Surface parking, loading, and service areas must be set back at least 3 feet from secondary street building fagades (14 -2G -3A -4b-(2)). This helps create pedestrian -friendly streetscapes where building fagades are aligned along public sidewalks and parking and service areas are behind buildings. The proposed parking along Highland Avenue complies with this standard, but a waiver is necessary for parking on the north portion of the site near 3rd Street. o Frontage- and Farad s. Principal buildings and fagades must comply with frontage type and building type standards (14 -2G -3A -3e). In addition, several building design standards also apply to street -facing facades (14- 2G -7F), including requirements to divide fagades vertically into 20- to 35- foot bays (1b), to provide equal architectural quality and detail at comers (1f), to provide a certain proportion of the fagade as doors or transparent windows (1g), and to disallow blank fagades (1h). These standards improve the quality and character of public streets and spaces by breaking up fagades, creating seamless transitions around corners, and providing visual interest, which ultimately contributes to more pedestrian - friendly streets. The applicant requested these requirements be waived for the north facade of the proposed building which faces 3rd Street. • 3rd Street is not shown as a primary street on the Regulating Plan. • The intent of the code regarding parking setback, screening, frontage, and fagade requirements is met because a 5 -foot tall street screen is proposed on the west and north sides of the site as shown on the site plan dated June 23, 2020 and because it fronts 3rd Street, which is a non -primary street that is not shown on the Regulating Plan. • A condition is imposed that the final site plan substantially comply with the submitted site plan dated June 23, 2020 to ensure parking is visually buffered from the sidewalk on S. Gilbert Street and that the street screen to the north provides additional buffering between the sidewalk and north facade. • Additionally, a condition is imposed that the final elevations substantially comply with those dated July 8, 2020. If there are substantial changes from the submitted site plan or elevations, they must comply with the site development standards and other applicable requirements of the City Code. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • There is an existing convenience store with fuel sales located on this site. • The Board of Adjustment approved allowing a new convenience store with fuel sales at this site (EXC19-12 recorded January 31, 2020 in Book 6004, Page 400- 403 in the Johnson County Recorder's Office) and waiving the 2 -story minimum building requirement at this site with the condition that the external walls of the proposed convenience store be built at least 22 feet in height to give the appearance of a 2 -story building. (EXC20-03 recorded May 1, 2020 in Book 6036, Page 313-315 in the Johnson County Recorder's Office). • The new request will not change the use or access to site. • The requested waivers will result in the following: o a view of parking from S. Gilbert Street that is not blocked by the building on the north; and o a building where the north face will not contain a frontage type or provide other building design features. • 5 -foot tall street screens will buffer both results from public rights-of-way.'' The Board concludes that the specific proposed exception will not be injurious tfl.tha4se and enjoyment of other property in the immediate vicinity and will not substar#M_y di 'finish"-- or impair property values in the neighborhood based on the following findings=, ca �-.� � t t i • The proposed request will not change the use or access to the site:: - • _J N N • A modification of parking setbacks and frontage and design standards on the north face of the building will not injure the use and enjoyment of other property in the immediate vicinity, nor will it affect nearby property values The Board concludes that 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 based on the following findings: • The surrounding properties are developed but are also eligible for redevelopment under the Riverfront Crossings Form -Based Code. • Redevelopment of this property and these requested waivers will not affect development or improvement of surrounding properties. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • The subject property has access to all necessary utilities and facilities. • The redevelopment will not require off-site improvements. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following finding: The current site has access points off S. Gilbert Street, Highland Avenue, and 3rd Street. The rezoning (Ordinance No. 19-4814) included a condition that the applicant close all access points from S. Gilbert Street and have only one access point from Highland Avenue to minimize traffic congestion at the intersection of S. Gilbert Street and Highland Avenue and on surrounding streets. As a result, the proposed redevelopment will improve traffic congestion, ingress, and egress. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: Approval of the requested special exception will waive the following requirements: o That surface parking be set back 3 feet from the north building farade along 3rd Street (14 -2G -3A -4b-(2)); o That the north face of the building will not have a frontage type (14 -2G - 3A -3e); and o That the north face of the building will not comply with several related building design standards (14 -2G -7F-1 b, -1 f, -1 g, and -1 h). Through the design review process, staff will ensure compliance with the other provisions of the Riverfront Crossings Form -Based Code. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: ' N r,� • The Future Land Use Map in the Comprehensive Plan designates this area for Mixed Use Development which includes a variety of retail, office, and residential uses. • The Comprehensive Plan supports urban infill and redevelopment in certain areas of the City, including in the Riverfront Crossings District (pp.24-25). • The Riverfront Crossings Master Plan calls for a pedestrian scale development in this area along S. Gilbert Street, with buildings to the front of the street and parking to the rear. Some plan concepts show a gas station on the comer of S. Gilbert Street and Highland Avenue. The Plan also calls for a retail/convenience store in this area to serve local demand. This area is envisioned to be redeveloped with a commercial use (p. 100). DISPOSITON- By a vote of 5-0, the Board approved waiving the 3 -foot parking setback behind the secondary street facade along 3rd Street and from frontage type and related design requirements for the north facade of the building, for the properties located at 1310 S. Gilbert Street & 348 Highland Avenue, subject to the following conditions: 1. The final site plan must substantially comply with the submitted site plan, dated June 23, 2020, or any changes to it must comply with the site development standards and other applicable requirements of the City Code. 2. The final elevations must substantially comply with the submitted elevations, dated July 8, 2020, or any changes to it must comply with the design standards and other applicable requirements of the City Code 2. Extension Request: A request submitted by Kum & Go L.C. to extend the expiration date to July 30, 2021 for EXC19-12, a special exception approved to allow a quick vehicle servicing use in the Riverfront Crossings -South Gilbert (RFC -SG) zone, EXC20-03, a special exception to waive the minimum 2 -story building requirement, and EXC20-07, a special exception to waive the 3 -foot parking setback behind the secondary street facade along 3rd Street and from the frontage type and related design requirements for the north facade. DISPOSITON: By a vote of 5-0, the Board approved an extension to change the expiration date of EXC19-12, EXC20-03, and EXC20-07 to July 30, 2021. All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of Iowa City, Iowa. N O ry 0 — ca NV rli oiR)/1a 93 PM CDT aw..a6 X 525: No Appro b� Amy Pretorius, Chairperson 4 -d )- -do City Attorney's Office STATE OF IOWA ) JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 15th day of July, 2020 as the same appears of record in my Office. Dated at Iowa City, this -2-244'- day of 20a© r Kell' f . Fruehli ity Cler pF i _ _ N iV N r.n C. L podoop sigmpre verification: -.. - 1111111IillllIII IN 111111111111111111111111111111111111111111111111111111111 Doc ID: 027901770007 Type: GEN Kind: DECISION Recorded: 11/17/2020 at 10:21:15 AM Fee Amt: $37.00 Pape 1 of 7 Johnson County Iowa Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319.356 Kim Painter County Recorder DECISION BK6136 PG912-918 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, October 14, 2020 ELECTRONIC MEETING—ZOOM MEETING PLATFORM MEMBERS PRESENT: Gene Chrischilles, Zephan Hazell, Bryce Parker, Amy Pretorius. N MEMBERS ABSENT: Ernie Cox, 4� o STAFF PRESENT: Sue Dulek, Kirk Lehmann"— w OTHERS PRESENT: Jon Mamer, Mark Holtkamp rT7 SPECIAL EXCEPTION ITEMS: — 1 0 1. EXC20-0001: A public hearing regarding a special exception application submitted by -MMS Consultants to allow a drive-through lane in an Intensive Commercial (CI -1) zone for a proposed new building at 1335 Highway 1 West. The Board concludes that the following specific standard found at 14-4C-2Ka will be met. Access and Circulation: The transportation system should be capable of safely supporting the proposed drive-through use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, effects on traffic circulation, access requirements, separation of curb cuts, and pedestrian safety in addition to the following criteria. This is based on the following findings for each sub -criterion: 1) Wherever possible and practical, drive-through lanes shall be accessed from secondary streets, alleys, or shared cross access drives. If the applicant can demonstrate that access from a secondary street, alley, or shared cross access drive is not possible, the board may grant access to a primary street, but may impose conditions such as limiting the width of the curb cut and drive, limiting the number of lanes, requiring the drive-through bays and stacking lanes to be enclosed within the building envelope, and similar conditions. • The property has access from Highway 1 West via a private shared access point and frontage road. The frontage road provides circulation between adjacent commercial and light industrial properties to the north, east, and south. • The drive-through lane is proposed to be accessed from the frontage road on the east side of the property. No direct access to Highway 1 is allowed. 2) To provide for safe pedestrian movement, the number and width of curb cuts serving the use may be limited. A proposal for a new curb cut on any street is subject to the standards and restrictions in chapter 5, article C, "Access Management Standards", of this title. • The submitted site plan will utilize existing curb cuts for 3 separate access points on the frontage road: one entry point, one exit point from a small parking area, and one exit point from the proposed drive-through lane. dodoop signature wnflcadon: The proposed use is drive-through only, so pedestrians will not be allowed to enter the building. Sidewalks are not provided to this area along the frontage road or highway, though they are provided from the onsite parking to the proposed building. The Conditional Zoning Agreement (CZA) in Ordinance No. 20-4825 approved on July 7, 2020 and recorded in Book 6075, Page 961 of the Johnson County Recorder requires an easement for pedestrian access along the access drive to the development. The proposed drive-through does not encroach on the pedestrian easement or otherwise affect pedestrian movement. 3) An adequate number of stacking spaces must be provided to ensure traffic safety is not compromised. A minimum of six (6) stacking spaces is recommended for drive- through facilities associated with eating establishments and a minimum of four (4) stacking spaces for banking, pharmacies, and similar nonfood related drive-through facilities. 'Stacking spaces" shall be defined as being twenty feet (20') in length and the width of a one lane, one-way drive. The board may reduce the recommended number of stacking spaces if the applicant can demonstrate that the specific business has unique characteristics such that the recommended number of parking spaces is excessive (i.e., a drive- through that is to be used for pick up only and not ordering). • The submitted site plan indicates stacking space for at least 7 vehicles: approximately 3 spaces including the order board and 4 spaces including the pick-up window. • The location of the drive-through is approximately 120 feet from the intersection of the access from Highway 1 and the frontage road. • The traffic memo from Scooter's Coffee estimates AM peak traffic at 25 cars into and out of the site, or approximately 1 car every 2 minutes and 24 seconds. The stacking spaces provided could accommodate approximately 28% of the peak hour demand at any one time. • Research indicates that coffee shop uses can produce long maximum queues, in excess of 10 cars in high traffic areas. Stacking may spill into the private frontage road but will not compromise safety due to slow speeds and adequate space to avoid affecting access to the development from the Highway. 4) Sufficient on site signage and pavement markings shall be provided to indicate direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to ensure safe vehicular and pedestrian movement. • The submitted site plan shows directional arrows are provided at all access points to the site. • Directional signs are shown at each curb cut from the frontage road to direct cars, including an entrance sign, an exit sign, and a do not enter sign. The Board concludes that the following specific standard found at 14-4C-2Kb will be met re6arding Location. This is based on the following findings for each sub -criterion: 1) In the CB -2 zone and in all subdistricts of the riverfront crossings district located east of the -!para River, drive-through lanes and service windows must be located on a nonstrOt-facing facade. In all other locations where drive-throughs are allowed, this location standard must be met, unless the applicant can demonstrate that a street -facing location is preferable for the overall safety and efficiency of the site, does not conflict a'otloop slgnture verification: with adjacent uses or pedestrian access, and does not compromise the character of the streetscape or neighborhood in which it is located. • The property is not in a CB -2 zone or a subdistrict of the riverfront crossings district. • The drive-through lane and service window face Highway 1 and the access drive to the area. • The proposed drive-through routing, which faces the street, allows additional stacking spaces above the minimum required and provides separation of drive- through and access road traffic, which is preferable for the safety and efficiency of the site. • The required screening and the lower elevation of the drive-through in relation to Highway 1 reduces its visibility from the highway and prevents any potential conflicts with adjacent uses, pedestrian access, and streetscape character. 2) Drive-through lanes must be set back at least ten feet (10') from adjacent lot lines and public rights of way and screened from view according to the design standards below. • The drive-through lane is set back more than 10 feet from the Highway 1 property line, approximately 10 feet from the north property line, and 32 feet from the access drive. • Screening is provided along the drive aisle to the north, west, and south, and where possible along the east property line. The site plan reflects that landscaping and an approved landscape plan are required due to the CZA. The Board concludes that the following specific standard found at 14-4C-2Kc will be met. Design Standards: The number of drive-through lanes, stacking spaces, and paved area necessary for the drive-through facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located. The board of adjustment may increase or reduce these standards according to the circumstances affecting the site. This is based on the following findings for each sub -criterion: 1) To promote compatibility with surrounding development, the number of drive-through lanes should be limited such that the amount of paving and stacking space does not diminish the design quality of the streetscape or the safety of the pedestrian environment. • The site abuts properties with commercial zoning to the north, east, and south; property across from Highway 1 is a mix of commercial, multi -family, and single- family zoning, though is further than 300 feet from the subject property. • A single, 14 -foot wide drive-through lane is shown. • Some green space will be provided between the drive-through lane and adjacent access roads and properties. `. The site and surrounding properties currently have no pedestrian access, and no pedestrian access is anticipated in the near future across Highway 1. 2) Drive-through lanes, bays, and stacking spaces shall be screened from views from the street and adjacent properties to the S2 standard. If the drive-through is located adjacent to a residential use or property zoned residential, it must be screened from view of these properties to at least the S3 standard. To preserve the pedestrian oriented dotloop signature wrlficauon: - character of streets in the CB -2 zone and the riverfront crossings district, the board may require the drive-through to be incorporated within the building or be screened with masonry street walls and landscaping. Street walls shall be a minimum of five feet (5) in height and shall be designed to complement the principal building on the site. S2 screening is required along the north and south property lines. The property is not adjacent to any residential use or zone, but the CZA requires a screen of ornamental trees and a mixture of evergreen and deciduous shrubs from Highway 1, which corresponds to the S3 standard. The CZA requires approval of a landscaping plan by the City Forester prior to the issuance of a building permit. 3) Multiple windows servicing a single stacking lane (e.g., order board, payment window, pick up window) should be considered to reduce the amount of idling on the site. • The applicant has proposed a single drive-through lane with one order board and one service window. 4) Stacking spaces, driveways, and drive-through windows shall be located to minimize potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding landscape and streetscape design of the neighborhood in which it is located. • Pedestrian use of the site will be minimal. • The proposed site plan minimizes pedestrian and vehicular conflicts. 5) Lighting for the drive-through facility must comply with the outdoor lighting standards set forth in chapter 5, article G of this title and must be designed to prevent light trespass and glare onto neighboring residential properties. • Staff shall review any new lighting for the site in compliance with current code standards as part of the building permit process. 6) (Repealed.) 7) Loudspeakers or intercom systems, if allowed, should be located and directed to minimize disturbance to adjacent uses. Special consideration should be given to locations adjacent to residential uses to ensure such systems do not diminish the residential character of the neighborhood. • Intercom systems in the order boards are directed north, towards Highway 1. • Residential properties are on the other side of Highway 1 and will not be affected by the proposed use. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following: findings: dodoop signdbre verification: • There is an existing vacant store located on this site which will be redeveloped as part of the proposed project. • The intersection with Highway 1 is designed to accommodate the levels of traffic generated by large commercial uses. • The drive-through lane is more than 100 feet from the entrance access drive to Highway 1. • The frontage road provides separation from the heavy traffic of Highway 1. • Specific criteria findings as discussed above also apply, including those related to vehicle access, drive-through location, and directional signage and markings. The requested drive-through will not endanger the public health, safety, comfort, or general welfare. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: • Required S3 screening from Highway 1 along the west property line and S2 screening from neighboring properties will minimize views of the drive-through. • While there may be some queuing associated with the site on the private frontage road, there is sufficient internal circulation to maintain access to nearby sites. • Property values will not be affected. The Board concludes that 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 based on the following findings: • The surrounding properties are developed, and the site is surrounded by commercial zoning to the north, east, and south. • Redevelopment of the subject property and these requested waivers will not affect development or improvement of surrounding properties. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • There are currently no sidewalks to serve this subdivision, but the location of the drive- through maintains an opportunity to establish pedestrian access in the future. • Pedestrian access is provided from the parking lot to the proposed building. • The subject property has access to all other necessary utilities and facilities. • The redevelopment will not require off-site improvements. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • The proposed use relies primarily on access from the frontage road. • There is adequate space for 7 cars to stack in the drive-through lane with additional stacking space on the private frontage road when necessary. • While coffee service is known to require additional queuing, peak hours of demand are in the early morning and will not affect ingress or egress on public streets. dodoop signature verification: • The signalized intersection at Highway 1 has capacity to handle the additional trips generated by the use. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: • The special exception criteria discourage locating the drive-through lane on the street. The site plan indicates S3 screening within the setback towards Highway 1 and S2 screening along other property lines. • Through the site plan review process, staff will ensure compliance with the other provisions of the Iowa City Zoning Code and with the CZA for the site. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: The Future Land Use Map in the Comprehensive Plan designates this area for Intensive Commercial Development. The Future Land Use Map in the South Central District Plan designates this area for Intensive or Highway Commercial. The Comprehensive Plan supports planning for commercial development in defined commercial nodes as identified in District Plans to meet the needs of the present and future population. The District Plan also discusses the importance of upgrading landscaping and creating pedestrian access. The proposed drive-through is consistent with the Comprehensive Plan. DISPOSITON: By a vote of 4-0 (Cox absent), the Board approved a drive-through lane in an Intensive Commercial (CI -1) zone for the property located at 1335 Highway 1 West, subject to the following condition: Substantial compliance with the site plan dated September 29, 2020. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of Iowa City, Iowa. %2 dotloop sIgn*Ure verifiudon: oonoop.eocea ,11.I/I.39AM C4 NTLM�GEXVLW FI CFPC Approved by: Amy Pretorius, Chairperson City Attorney's Office STATE OF IOWA ) JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 14'" day of October, 2020 as the same appears of record in my Office. [ _ Dated at Iowa City, this day of /j6t� t K-�� r , 20 � Kellie K. Fruehling, Ch Clerk dodoop sipatu(e verification: Tef, 11111111111111111 hill IIIII IIIII in IIIII111IIIII IIIII IIIII Hill lll1INI IIII 'Doc ID: 027916580011 Type: GEN Kind: DECISION Recorded: 12/02/2020 at 10:44:23 AM Fee Amt: $57.00 Page 1 of 11 Johnson County Iowa Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240:319-356-5230 Kim Painter County Recorder DECISION 6143 PG742-752 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, November 18, 2020 ELECTRONIC MEETING — ZOOM MEETING PLATFORM MEMBERS PRESENT: Gene Chrischilles, Zephan Hazell, Bryce Parker, Amy Pretorius MEMBERS ABSENT: Ernie Cox STAFF PRESENT: Sue Dulek, Kirk Lehmann OTHERS PRESENT: Andrea Farley, Jon Maurer, Clifford Reif o SPECIAL EXCEPTION ITEMS: t" 1. EXC20-0002: A public hearing regarding a special exception application subri itted by r'14MS Consultants requesting to allow a drive-through facility in a Community Commercial (6C-2) zone for a new coffee shop at 531 Highway 1 West. The Board concludes that the following specific standard found at 14-4C-2Ka will be met. Access and Circulation: The transportation system should be capable of safely supporting the proposed drive-through use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, effects on traffic circulation, access requirements, separation of curb cuts, and pedestrian safety in addition to the following criteria. This is based on the following findings for each sub -criterion: 1) Wherever possible and practical, drive-through lanes shall be accessed from secondary streets, alleys, or shared cross access drives. If the applicant can demonstrate that access from a secondary street, alley, or shared cross access drive is not possible, the board may grant access to a primary street, but may impose conditions such as limiting the width of the curb cut and drive, limiting the number of lanes, requiring the drive-through bays and stacking lanes to be enclosed within the building envelope, and similar conditions. The property has access from Highway 1 West via a private shared access point and frontage road on the subject property. The frontage road provides circulation to adjacent commercial and light industrial properties to the east and west. The proposed drive-through lane is not accessed from a primary street. Rather it is accessed from a one-way internal drive which enters from the frontage road on the west side of the property, loops through the middle of the site, and exits onto the frontage road on the east side of the property. 2) To provide for safe pedestrian movement, the number and width of curb cuts serving the use may be limited. A proposal for a new curb cut on any street is subject to the standards and restrictions in chapter 5, article C, "Access Management Standards", of this title. The site currently has a continuous curb cut along the frontage drive. dotloop signature verification: The proposed site plan eliminates the continuous curb cut on the frontage drive and replaces it with restricted access via two curb cuts for the entrance and exit. Pedestrian access to the site is currently limited, but a bus stop pad and Highway 1 crosswalk are located approximately 15 feet from the north property line. To provide for safe pedestrian movement, the site plan includes a pedestrian route that connects this pad to the proposed buildings. The site plan shows that the pedestrian route will be clearly demarcated, such as through dyed concrete or alternative paving materials, where it crosses the frontage road and all internal drives. 3) An adequate number of stacking spaces must be provided to ensure traffic safety is not compromised. A minimum of six (6) stacking spaces is recommended for drive- through facilities associated with eating establishments and a minimum of four (4) stacking spaces for banking, pharmacies, and similar nonfood related drive-through facilities. "Stacking spaces" shall be defined as being twenty feet (20') in length and the width of a one lane, one-way drive. The board may reduce the recommended number of stacking spaces if the applicant can demonstrate that the specific business has unique characteristics such that the recommended number of parking spaces is excessive (i.e., a drive- through that is to be used for pick up only and not ordering). • The site plan shows stacking space for 16 vehicles, 10 vehicles in the standard drive-through lane and an additional 6 in the mobile order bypass lane. This well exceeds the minimum number of required stacking spaces. The entrance to the drive-through lane is also over 150 feet from the frontage road entry, which reduces the chance of impacts from spillover traffic. • Research indicates that coffee shop uses can produce long maximum queues in excess of 10 cars in high traffic areas. Due to the additional stacking spaces and distance of the drive-through lane from the frontage road, queuing is n,*cpeded to compromise traffic safety. > 4) Sufficient on site signage and pavement markings shall be provided to Fklftte`=" direction of vehicular travel, pedestrian crossings, stop signs, no entrance*�as, and other controls to ensure safe vehicular and pedestrian movement. — -" • The site plan indicates directional arrows at all access points to the site. • Directional signs are shown at each curb cut from the frontage road to direct cars, including an entrance sign, an exit sign, and a do not enter sign. • Pavement markings are shown within the site to denote the different drive-through lanes and direct automobile and truck traffic around and through the site. • Pedestrian crossings are demarcated on the site plan. The Board concludes that the following specific standard found at 14-4C-2Kb will be met regarding Location. This is based on the following findings for each sub -criterion: 1) In the CB -2 zone and in all subdistricts of the riverfront crossings district located east of the Iowa River, drive-through lanes and service windows must be located on a nonstreet-facing facade. In all other locations where drive-throughs are allowed, this location standard must be met, unless the applicant can demonstrate that a street -facing location is preferable for the overall safety and efficiency of the site, does not conflict dotloop signaru,2 verification: with adjacent uses or pedestrian access, and does not compromise the character of the streetscape or neighborhood in which it is located. • The drive-through lanes and service windows are not on a street -facing fagade. 2) Drive-through lanes must be set back at least ten feet (10) from adjacent lot lines and public rights of way and screened from view according to the design standards below. Drive-through lanes are set back more than 15 feet from adjacent property lines to the east and west and are much further from the Highway 1 right of way. Screening is provided along the east and west property lines within the 5 -foot setback. Staff will ensure compliance with the City's screening standards at site plan review. The Board concludes that the following specific standard found at 14-4c-2Kc will be met. Design Standards: The number of drive-through lanes, stacking spaces, and paved area necessary for the drive-through facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located. The board of adjustment may increase or reduce these standards according to the circumstances affecting the site. This is based on the following findings for each sub -criterion: 1) To promote compatibility with surrounding development, the number of drive-through lanes should be limited such that the amount of paving and stacking space does not diminish the design quality of the streetscape or the safety of the pedestrian environment. Cn • The site abuts properties with commercial zoning and uses to the east; south, and west and is across Highway 1 from properties with commercial zonesand uses to the north. _ • The site plan shows two 11 -foot wide drive-through lanes which merge_ jM0 a single lane. • The proposed drive-through lanes are at the rear and side of the proposed btAlding which limits effects on the streetscape. • Where pedestrian routes cross the frontage road, drive through lanes, and internal access drives, the site plan shows clear demarcations to maximize pedestrian safety. 2) Drive-through lanes, bays, and stacking spaces shall be screened from views from the street and adjacent properties to the S2 standard. If the drive-through is located adjacent to a residential use or property zoned residential, it must be screened from view of these properties to at least the S3 standard. To preserve the pedestrian oriented character of streets in the CB -2 zone and the riverfront crossings district, the board may require the drive-through to be incorporated within the building or be screened with masonry street walls and landscaping. Street walls shall be a minimum of five feet (5) in height and shall be designed to complement the principal building on the site. • S2 screening is proposed along the east and west property lines within the five-foot setbacks from adjacent properties. • The property is not adjacent to any residential use or zone. dodoop Sig MWM verification: @I0.us/Oes i-acw.G�:, 3) Multiple windows servicing a single stacking lane (e.g., order board, payment window, pick up window) should be considered to reduce the amount of idling on the site. The applicant has proposed a mobile order bypass lane in addition to the primary drive-through lane which contains one order board. The proposed design includes a second service window. 4) Stacking spaces, driveways, and drive-through windows shall be located to minimize potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding landscape and streetscape design of the neighborhood in which it is located. • The site plan shows pedestrian access through the site from the bus stop pad and Highway 1 crosswalk, by the coffee shop, and to the bakery. • Pedestrian access twice crosses stacking spaces, driveways, and drive-through windows. Given the width and depth of the lot, vehicular and pedestrian conflicts are minimized to the extent possible. • Automobile and truck traffic are provided through one-way drives to minimize conflicts, though truck traffic may temporarily impede the flow of traffic on internal drives as they maneuver to access the bakery. • Stacking spaces, driveways, and drive-through windows are generally hidden from the streetscape and are consistent with the design of the area. 5) Lighting for the drive-through facility must comply with the outdoor lighting standards set forth in chapter 5, article G of this title and must be designed to prevent light trespass and glare onto neighboring residential properties. • Staff shall review any new lighting for the site in compliance with current code standards as part of the site plan review process. 6) (Repealed.) 7) Loudspeakers or intercom systems, if allowed, should be located and directed to minimize disturbance to adjacent uses. Special consideration should be given to locations adjacent to residential uses to ensure such systems do not diminish the residential character of the neighborhood. • Intercom systems in the order boards are directed southeast towards'the paMng lot of the adjacent commercial property. There are no adjacent residentw uses;" The Board concludes that the specific proposed exception will not be detrimental to of endanger the public health, safety, comfort or general welfare based on the following findings: • There is an existing vacant store located on this site which will be redeveloped as part of the proposed project. • The intersection with Highway 1 is designed to accommodate the levels of traffic generated by large commercial uses. Eodoop slgoa W R verification: mt The drive-through lane is more than 100 feet from the entrance access drive to Highway 1. The frontage road provides separation from the heavy traffic of Highway 1. Specific criteria findings as discussed above also apply, including those related to vehicle access, drive-through location, and directional signage and markings. The requested drive-through will not endanger the public health, safety, comfort, or general welfare. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: • The site has a continuous curb cut the width of the property. The proposed site plan provides better access control to the frontage drive which improves safety. • Vehicular and pedestrian circulation is improved over the current site layout, and conflicts are minimized to the extent possible in light of the proposed continuous pedestrian route and truck access to the bakery. • Access to the property is at a signalized intersection. • The proposed redevelopment will increase car and truck traffic to the site but will not be detrimental to or endanger the public health, safety, comfort or general welfare. The Board concludes that 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 based on the following findings: • The surrounding neighborhood is already fully developed with a mix of commercial and light industrial uses. • Some offsite pedestrian improvements will be needed that connect the Highway crossing to the subject property. This will benefit all property owners in the area. • The proposed site plan aligns in an orderly manner with adjacent properties. • Future redevelopment of adjacent properties will not be impeded. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • Sufficient utilities, access roads, and necessary facilities are established for this neighborhood and can meet the proposed site requirements. • Pedestrian access will be established between the right of way and subject property. • Proposed internal circulation is sufficient for vehicular, pedestrian, and truck access to all proposed buildings. • A stormwater drainageway currently flows through the south side of the site and along the east property line. During site plan review, a storm sewer or culvert will need to be included underneath the parking area to accommodate storrnwater flow, along with an overland flow route if the storm sewer is clogged or over capacity. The City must be granted a drainage easement for this drainageway prior to site plan approval. • Additional easements for the City may be required for the public water main and hydrant on the north side of the property prior to site plan approval. -1n CO 7 ` y W dorloop signature verification:: . The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • The proposal better controls access to the frontage drive than the current site and is near a controlled signalized intersection with capacity to handle trips generated by the use. • There is adequate space for 19 vehicles to stack in the drive-through lanes with additional space on the internal circulation drive. While coffee service is known to produce longer queues, the site plan as proposed will not affect ingress or egress on public streets. • Pedestrian access will be established between the right of way and subject property. • The site contains adequate space for delivery vehicles to enter the site and maneuver. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: • Staff will ensure the site design conforms with all other applicable zoning standards and regulations, including screening and street tree requirements, during the site plan review. • The site contains several mature trees which may constitute a grove. Some trees may be removed with the construction of the bakery. The applicant will need to perform a site inspection prior to submittal of a site plan to determine if a sensitive areas review is required. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use Map of the Comprehensive Plan designates this area for General Commercial. The Future Land Use Map of the South Central District Plan designates this area for Retail/Community Commercial with a strip of open space along Highway 1 and possible Intensive or Highway Commercial along Ruppert Road. • The Comprehensive Plan supports planning for commercial development in defined commercial nodes as identified in District Plans to meet the needs of the present and future population. The District Plan also discusses the importance of upgrading landscaping and creating pedestrian access. • The current land use of this property is consistent with the Comprehensive and District Plans and will not change because of the proposed special exception. • The proposed drive-through and bakery are consistent with the Comprehensive Plan. DISPOSITON: By a vote of 3-0 (Parker abstaining due to missing the beginning ofXhe public hearing), the Board approved a drive-through facility in a Community Commercial (CC -2) zone for the property located at 531 Highway 1 West, subject to the following: cor4tions: 1. Substantial compliance to site plan dated November 6, 2020. D c wo =r r 8` O" W dodoop si8natum verification:.. 2. Offsite pedestrian improvements shall be approved by the City Engineer prior to site plan approval and installed by the developer at the developer's expense prior to the issuance of a certificate of occupancy. 3. The owner must grant the City a drainage easement for stormwater. The easement area must be approved by the City Engineer, terms approved by the City Attorney, and the easement granted to the City prior to site plan approval. 4. The owner must grant the City additional easements for the public water main and hydrant on the north side of the property if required by the City Engineer. The easement area must be approved by the City Engineer, terms approved by the City Attorney, and the easement granted to the City prior to site plan approval. 2. EXC20-0003: A public hearing regarding a special exception application submitted by MMS Consultants requesting to allow a general manufacturing use of between 5,000 and 15,000 square feet in a Community Commercial (CC -2) zone for a new bakery at 531 Highway 1 West. The Board concludes that the proposed use is limited to a "cottage industry" as defined in chapter 9, article A, "General Definitions", of this title based on the following findings: Chapter 9, Article A defines a cottage industry as "A firm that manufactures and/or assembles goods that are intended for retail sale to the general public. The goods may also be sold at wholesale to other outlets or firms, but retail sales is (sic) a significant component of the operation. The manufacturing component for such a firm is small in scale. Size limitations may apply to such uses in commercial zones to keep the uses in scale and character with surrounding land uses." The proposed general manufacturing facility will provide baked goods to other coffeeshops for direct retail sale. The manufacturing component complies with the size limitations as required in these standards, and surrounding properties are commercial and light industrial uses. The proposed use meets the City's definition of a "cottage industry." The Board concludes that the proposed use is limited to five thousand (5,000) square feet of gross floor area, excluding floor area devoted to other principal or accessory uses, except as provided in subsection C1e of this section based on the following findings: • The proposed use is 14,922 square feet, but it meets the exception as provided in subsection C1e of this section (below). The Board concludes that the proposed use meets the performance standards for off site impacts contained in chapter 5, article H, "Performance Standards", of this title (the City may require certification of compliance from a registered professional engineer orpMer ggalified person) based on the following findings: • Beyond administrative provisions, Chapter 5, article H Performance Standards include Noise (14-5H-4), Air Quality Standards (14-5H-5), Odor (14-5H-8), Vibration (14-51-1-7), and Storage of Combustible and Flammable Materials (14-5H-8). • The proposed use in this case is a bakery, so no significant issues related to air quality, noise, odor, vibrations, or combustible materials are expected. dodoop signature verification: While there may be minor impacts caused by truck traffic accessing the bakery, nearby properties do not contain potentially sensitive uses. Staff shall ensure the proposed use meets the performance standards for offsite impacts as part of the site plan review process. The Board concludes that the following criteria is met: The following general manufacturing uses are prohibited: (1) The manufacturing of chemicals and allied products; (2) Any manufacturing establishment that includes milling or processing of grain; (3) Leather tanning; (4) Manufacturing of motor vehicles; (5) Manufacture or processing of rubber or plastics; and (6) Textile mills. This is based on the following finding: • The proposed use is a bakery which will provide baked goods to eating establishments. This is not a prohibited use. The Board concludes the following criteria (subsection C1e as referenced above) is met: The limit on floor area for a proposed use may be increased from five thousand (5,000) square feet up to fifteen thousand (15,000) square feet by special exception. This is based on the following finding: • The proposed use is 14,922 square feet of floor area as allowed in this subsection upon approval of a special exception. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • There is an existing vacant store located on this site which will be redeveloped as part of the proposed project. • The intersection with Highway 1 is designed to accommodate the levels of traffic generated by large commercial uses. • The drive-through lane is more than 100 feet from the entrance access drive to Highway 1. • The frontage road provides separation from the heavy traffic of Highway 1. • Specific criteria findings as discussed above also apply, including those related to vehicle access, drive-through location, and directional signage and markings. The requested drive-through will not endanger the public health, safety, comfort, or general welfare. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: The site has a continuous curb cut the width of the property. The proposed sit§ plan provides better access control to the frontage drive which improves safely. Vehicular and pedestrian circulation is improved over the current site fayeut, and conflicts are minimized to the extent possible in light of the proposed Ebntinuous pedestrian route and truck access to the bakery. Access to the property is at a signalized intersection. dotioop signature verification'. • The proposed redevelopment will increase car and truck traffic to the site but will not be detrimental to or endanger the public health, safety, comfort or general welfare. The Board concludes that 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 based on the following findings: • The surrounding neighborhood is already fully developed with a mix of commercial and light industrial uses. • Some offsite pedestrian improvements will be needed that connect the Highway crossing to the subject property. This will benefit all property owners in the area. • The proposed site plan aligns in an orderly manner with adjacent properties. • Future redevelopment of adjacent properties will not be impeded. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • Sufficient utilities, access roads, and necessary facilities are established for this neighborhood and can meet the proposed site requirements. • Pedestrian access will be established between the right of way and subject property. • Proposed internal circulation is sufficient for vehicular, pedestrian, and truck access to all proposed buildings. • A stormwater drainageway currently flows through the south side of the site and along the east property line. During site plan review, a storm sewer or culvert will need to be included underneath the parking area to accommodate stormwater flow, along with an overland flow route if the storm sewer is clogged or over capacity. The City must be granted a drainage easement for this drainageway prior to site plan approval. • Additional easements for the City may be required for the public water main and hydrant on the north side of the property prior to site plan approval. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • The proposal better controls access to the frontage drive than the current site and is near a controlled signalized intersection with capacity to handle trips generated by the use. • There is adequate space for 19 vehicles to stack in the drive-through lanes with additional space on the internal circulation drive. While coffee service is known to produce longer queues, the site plan as proposed will not affect ingress or egress on public streets. • Pedestrian access will be established between the right of way and subject property. • The site contains adequate space for delivery vehicles to enter the site and maneuver. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings:- �' < W o { ► j s cO W dotloop signature verification: • Staff will ensure the site design conforms with all other applicable zoning standards and regulations, including screening and street tree requirements, during the site plan review. • The site contains several mature trees which may constitute a grove. Some trees may be removed with the construction of the bakery. The applicant will need to perform a site inspection prior to submittal of a site plan to determine if a sensitive areas review is required. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use Map of the Comprehensive Plan designates this area for General Commercial. The Future Land Use Map of the South Central District Plan designates this area for Retail/Community Commercial with a strip of open space along Highway 1 and possible Intensive or Highway Commercial along Ruppert Road. • The Comprehensive Plan supports planning for commercial development in defined commercial nodes as identified in District Plans to meet the needs of the present and future population. The District Plan also discusses the importance of upgrading landscaping and creating pedestrian access. • The current land use of this property is consistent with the Comprehensive and District Plans and will not change because of the proposed special exception. • The proposed drive-through and bakery are consistent with the Comprehensive Plan. DISPOSITON: By a vote of 3-0 (Parker abstaining due to missing the beginning of the public hearing), the Board approved a general manufacturing use of between 5,000 and 15,000 square feet in a Community Commercial (CC -2) zone for the property located at 531 Highway 1 West, subject to the following conditions: 1. Substantial compliance to site plan dated November 6, 2020. 2. Offsite pedestrian improvements shall be approved by the City Engineer prior to site plan approval and installed by the developer at the developer's expense prior to the issuance of a certificate of occupancy. 3. The owner must grant the City a drainage easement for stormwater. The easement area must be approved by the City Engineer, terms approved by the City Attorney, and the easement granted to the City prior to site plan approval. 4. The owner must grant the City additional easements for the public water main and hydrant on the north side of the property if required by the City Engineer. The easement area must be approved by the City Engineer, terms approved by the City Attorney, and the easement granted to the City prior to site plan approval. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action,. shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the , improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of Iowa City, Iowa. N W N dotloop signature verfi<ation:. r .. . //JJ eocwoy rn�a � "w UMEF UW Z, GEJ Amy Pretorius, Chairperson STATE OF IOWA JOHNSON COUNTY Approve rr-�o�a� City Attorney's Office I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 18th day of November, 2020 as the same appears of record in my Office. Dated at Iowa City, this JOf day of Vel Ove r v -iO e-(- , 202-C:) i Kellid K. Fruehling,Cek n- w N y C,J N potloop sgnawre venficanon: Fe e 1111111 111111 111 IIIII IINI IINI IIIII IIIII INII IIIII VIII ulll B� VIII IIII NII Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319-356-5230 Doc ID: 027934640020 Type: GEN Kind: DECISION Recorded: 12/18/2020 at 12:49:36 PM DECISION Fee Amt: $102.00 Page 1 of 20 Johnson county Iowa IOWA CITY BOARD OF ADJUSTMENT Kim Painter County Recorder WEDNESDAY, DECEMBER 9, 2020 BK 6151 PG514-533 ELECTRONIC MEETING — ZOOM MEETING PLATFORM MEMBERS PRESENT: Gene Chrischilles, Zephan Hazell, Bryce Parker, Amy Pretorius MEMBERS ABSENT: Ernie Cox STAFF PRESENT: Sue Dulek, Kirk Lehmann, Anne Russett OTHERS PRESENT: Cady Gerlach, Kirsten Frey, Ryan Wade, Kevin Monson, Detre McFall- Wallerich, Calisse McPherson, Katie Ford SPECIAL EXCEPTION ITEMS: 1. EXC20-0004: A public hearing regarding a special exception application submitted by J+M Civil Design, LLC to allow a drive-through facility in a Community Commercial (CC -2) zone for the purpose of reusing a vacant building with a coffeeshop and apartment at 1120 N. Dodge Street. The Board concludes that the following specific standard found at 144C-2Ka will be met. Access and Circulation: The transportation system should be capable of safely supporting the proposed drive-through use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, effects on traffic circulation, access requirements, separation of curb cuts, and pedestrian safety in addition to the following criteria. This is based on the following findings for each sub -criterion: 1) Wherever possible and practical, drive-through lanes shall be accessed from secondary streets, alleys, or shared cross access drives. If the applicant can demonstrate that access from a secondary street, alley, or shared cross access drive is not possible, the board may grant access to a primary street, but may impose conditions such as limiting the width of the curb cut and drive, limiting the number of lanes, requiring the drive-through bays and stacking lanes to be enclosed within the building envelope, and similar conditions. • The site plan shows a one-way internal access drive entering from an existing curb cut on North Dodge Street and exiting to St. Mathias Alley to the south. A condition be imposed for substantial compliance to the submitted site plan in Attachment 3 of the staff report to ensure adequate circulation. • The one-way drive-through lane is entered from the internal access drive and exits onto S. Mathias Alley on the east. 2) To provide for safe pedestrian movement, the number and width of curb cuts serving the use may be limited. A proposal for a new curb cut on any street is subject to the standards and restrictions in chapter 5, article C, "Access Management Standards", of this title. 0 The proposed use utilizes existing curb cuts on North Dodge Street. Dail op signature verification: • A condition be imposed that St. Mathias Alley be improved to City standards as part of this project to accommodate increased traffic and allow adequate flow to and from the site. • Two new access points are proposed to St. Mathias Alley, one to the south and one to the east. 3) An adequate number of stacking spaces must be provided to ensure traffic safety is not compromised. A minimum of six (6) stacking spaces is recommended for drive- through facilities associated with eating establishments and a minimum of four (4) stacking spaces for banking, pharmacies, and similar nonfood related drive-through facilities. "Stacking spaces" shall be defined as being twenty feet (20') in length and the width of a one lane, one-way drive. The board may reduce the recommended number of stacking spaces if the applicant can demonstrate that the specific business has unique characteristics such that the recommended number of parking spaces is excessive (i.e., a drive- through that is to be used for pick up only and not ordering). • The site plan shows stacking space for 6 vehicles, which meets the minimum number required. • The entrance to the drive-through lane is more than 100 feet from North Dodge Street, which provides room for spillover traffic. • The proposed use is for pick-up only and not for ordering and this be imposed as a condition. • Research indicates that coffee shop uses can produce long maximum queues, in excess of 10 cars in high traffic areas. • The nature of the business and room for spillover traffic provides enough stacking spaces for the proposed use. 4) Sufficient on site signage and pavement markings shall be provided to indicate direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to ensure safe vehicular and pedestrian movement. • The site plan shows directional arrows at the entrances and throughout the site, in addition to "do not enter' signs at all exits. A condition be imposed for substantial compliance to the submitted site plan in Attachment 3 of the staff report to ensure adequate signage and pavement markings. • Pedestrian paths are clearly demarcated. The Board concludes that the following specific standard found at 14-4C-2Kb will be met regarding Location. This is based on the following findings for each sub -criterion: 1) In the CB -2 zone and in all subdistricts of the riverfront crossings district located east of the Iowa River, drive-through lanes and service windows must be located on a nonstreet-facing facade. In all other locations where drive-throughs are allowed, this location standard must be met, unless the applicant can demonstrate that a street -facing location is preferable for the overall safety and efficiency of the site, does not conflict with adjacent uses or pedestrian access, and does not compromise the character of the streetscape or neighborhood in which it is located. • The drive-through lanes and service windows are not on a street -facing facade. dodo p signature venlicavon: 2) Drive-through lanes must be set back at least ten feet (10') from adjacent lot lines and public rights of way and screened from view according to the design standards below. The site plan shows the proposed drive-through lane on the east side of the property with no setback from St. Mathias Alley. Because this project reuses an existing building in a CC -2 zone that is not historic, the criterion will need to be waived through the Commercial Reuse Exception provision (See EXC 20-006 below). Should the Commercial Reuse exception be approved, a condition be imposed that adequate separation and/or screening be required between the drive-through lane and the property to the east, as determined by the City Engineer and Director of Neighborhood and Development Services. The Board concludes that the following specific standard found at 14-4C-2Kc will be met. Design Standards: The number of drive-through lanes, stacking spaces, and paved area necessary for the drive-through facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located. The board of adjustment may increase or reduce these standards according to the circumstances affecting the site. This is based on the following findings for each sub -criterion: 1) To promote compatibility with surrounding development, the number of drive-through lanes should be limited such that the amount of paving and stacking space does not diminish the design quality of the streetscape or the safety of the pedestrian environment. The site is surrounded by Community Commercial (CC -2) zones to the north and west, and by Low -Density Multi -Family Residential (RM -12) zones to the east and south. Surrounding uses include commercial (Hy -Vee), institutional (St. Joseph Cemetery), and a single-family residence. Generally, these uses are compatible with the proposed use. The site plan shows a single 9- to 9.5 -foot wide drive-through lane which is loc4ted at the south and east sides of the property, limiting impacts on the streetseape and on the single-family use to the west. The sidewalk along North Dodge Street and the continuous pedestrian route through the site do not cross the drive-through lane. 2) Drive-through lanes, bays, and stacking spaces shall be screened from views from the street and adjacent properties to the S2 standard. If the drive-through is located adjacent to a residential use or property zoned residential, it must be screened from view of these properties to at least the S3 standard. To preserve the pedestrian oriented character of streets in the CB -2 zone and the riverfront crossings district, the board may require the drive-through to be incorporated within the building or be screened with masonry street walls and landscaping. Street walls shall be a minimum of five feet (5) in height and shall be designed to complement the principal building on the site. • The drive-through lane is adjacent to property zoned RM -12 to the east and south, which would require screening to the S3 standard. However, these properties contain a cemetery use rather than a residential use. dotloop signature verification: Because this project reuses an existing, non -historic building in a CC -2 zone, the criterion will need to be waived through the Commercial Reuse Exception provision (see EXC 20-006 below). Should the Commercial Reuse exception be approved, a condition be imposed providing for separation and/or screening between the drive-through lane and the property to the east, as determined by the City Engineer and Director of Neighborhood and Development Services prior to issuance of a building permit. 3) Multiple windows servicing a single stacking lane (e.g., order board, payment window, pick up window) should be considered to reduce the amount of idling on the site. • The site plan shows a single pick-up window because the proposed use is pick-up only. This will reduce the amount of idling on the site. 4) Stacking spaces, driveways, and drive-through windows shall be located to minimize potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding landscape and streetscape design of the neighborhood in which it is located. Automobile traffic is directed through one-way drives on the site, while pedestrian access is provided on sidewalks, which minimizes onsite conflicts. Where the drive-through lane exits onto St. Mathias Alley, drivers must cross potential inbound traffic. However, St. Mathias Alley experiences limited use because it is not currently connected to the west. In addition, the exit is curved to limit head-on conflicts and St. Joseph's Cemetery has additional access points. Stacking spaces, driveways, and drive-through windows are generally hidden from the streetscape. 5) Lighting for the drive-through facility must comply with the outdoor lighting standards set forth in chapter 5, article G of this title and must be designed to prevent light trespass and glare onto neighboring residential properties. • Staff shall review any new lighting for the site in compliance with current code standards as part of the site plan review process. 6) (Repealed.) 7) Loudspeakers or intercom systems, if allowed, should be located and directed to _minimize disturbance to adjacent uses. Special consideration should be given to locations adjacent to residential uses to ensure such systems do not diminish the residential character of the neighborhood. • There are no loudspeakers or intercom systems. A condition be imposed that the drive-through remain pick-up only. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: dotloop signature verification: • The proposed multi -family use and related waivers from zoning standards will have no effect on health, safety, comfort, or general welfare. • The proposed drive-through and related exceptions will increase vehicular traffic to the site, but access to, through, and around the site will be enhanced due to site and alley improvements. • Conflicts may be created where the drive-through lane exits onto St. Mathias Alley, but these are mitigated through careful design, signage, and pavement markings. • It may be difficult in the morning for vehicles leaving St. Mathias Alley to tum left towards Iowa City due to in -bound traffic, but no more so than it would be for other potentially allowed uses in a CC -2 zone. • Effects of decreased screening and setbacks on the east side of the site are partially mitigated by existing landscaping and buildings at St. Joseph's, and they will be further mitigated by the conditions imposed. • The site plan shows the removal of two trees. The City declared a state of climate crisis and established carbon emission reduction goals on August 6, 2019. Trees are important to climate mitigation and adaptation, so a condition is imposed that any trees removed be replaced onsite as approved by the City Forrester. • Overall, the exceptions will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: • The proposed uses are compatible with those of nearby properties. • The proposed site developments and occupancy of the proposed site will not diminish or impair property values in the neighborhood. • Screening and/or separation on the east property line, as determined by the City and as a condition imposed, will mitigate impacts to the cemetery. • The proposed exceptions will not injure the use or enjoyment of nearby properties. The Board concludes that 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 based on the following findings: The surrounding area is already fully developed with a mix of institutional, commercial, and residential uses in commercial and multi -family zones, and only the property to the east currently utilizes the alley. A mixed-use coffeeshop with a multi -family unit is compatible with these uses and zoning districts Offsite improvements to St. Mathias Alley will benefit property owners that utilize the alley through improved circulation. Abutting properties will be separated by adequate setbacks so as not to affect any future work on their property, and requested exceptions for uses and waivers will not impede normal and orderly redevelopment of surrounding properties. ' The Board concludes that adequate utilities, access roads, drainage and/or necessary, facilities have been or are being provided based on the following findings: - _ " dotloop signature verification. Sufficient utilities, primary streets, and necessary facilities are established for this neighborhood and can meet the proposed site requirements. Proposed internal circulation will be sufficient for vehicular and pedestrian access to the renovated building, with improvements to St. Mathias Alley (which will include but is not limited to obtaining a temporary construction easement from the adjacent property owner). Stormwater must be mitigated per City Code to avoid downslope impacts to the south (which will include but is not limited to obtaining a permanent stormwater drainage easement from the adjacent property owner). The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • The one-way drive through the site and the exits onto St. Mathias Alley consolidate potential conflicts on North Dodge and provide for adequate ingress and egress. • St. Mathias Alley will carry two-way traffic, so clear signage and pavement markings as shown on the site plan are necessary to control traffic. • The development will increase traffic to the site. However, the design minimizes impacts on North Dodge Street by concentrating outbound traffic to a single point at St. Mathias Alley. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following finding: • Staff will ensure the site design conforms with all other applicable zoning standards and regulations during the site plan review, and additional reviews by the City Engineer and Director of Neighborhood and Development Services. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use Map of the Comprehensive Plan designates this area for General Commercial. The Future Land Use Map of the North District Plan designates this area for Retail/Community Commercial. • The Comprehensive Plan supports commercial development in "defined commercial nodes, including small-scale neighborhood commercial centers" and encourages retaining and expanding local businesses. • The North District Plan supports locating medium -density housing "in areas with good access to arterial streets" that are "close to neighborhood commercial areas". It also encourages focusing "commercial activity in existing nodes along major arterial streets" and cites the nearby mixed-use Hilltop Tavern as a desirable prototype. • The proposed land use allowed by these special exceptions is consistent with the Comprehensive and North District Plans. potloop'signature verification. DISPOSITON: By a vote of 4-0, the Board approved a drive-through facility in a Community Commercial (CC -2) zone for the property located at 1120 North Dodge Street, subject to the following conditions: 1. Substantially comply with the site plan dated November 3, 2020 (which will include but is not limited to obtaining a permanent stormwater drainage easement from the adjacent property owner as required by the City's stormwater management code); 2. Prior to site plan approval, obtain a temporary use of right-of-way permit with the City along the west side of St. Mathias Alley for the length of the drive-through lane, as specified by the City Engineer and approved by the City Attorney's Office; 3. Plant at least one new tree onsite for every tree removed, the location and species of which must be approved by the City Forester prior to site plan approval; 4. Improve St. Mathias Alley abutting the property to the east and south, and any sidewalk crossings, as determined by the City Engineer prior to site plan approval. Improvements must be accepted by the City Engineer prior to issuance of a Certificate of Occupancy (which will include but not is not limited to obtaining a temporary construction easement from the adjacent property owner); 5. Provide for screening to the east and/or separation between the drive-through lane and St. Mathias Alley, as determined by the City Engineer and approved by the Director of Neighborhood and Development Services prior to site plan approval. These must be accepted by the City Engineer prior to issuance of a Certificate of Occupancy; 6. No loudspeaker or order board for the drive-through use may be installed; and 7. The drive-through must remain pick-up only. 2. EXC20-0005: A public hearing regarding a special exception application submitted by J+M Civil Design, LLC to allow a multi -family use in a Community Commercial (CC -2) zone for the purpose of reusing a vacant building with a coffeeshop and apartment at 1120 N. Dodge Street. The Board concludes that the proposed dwelling units will be located above the street level floor of a building, except as provided in subsections A7e and Alf of this section based on the following finding: • The dwelling unit is proposed to be above the street level floor of the building. The Board concludes that the proposed use complies with the residential density standards for multi -family uses in commercial zones as stated in section 14-2C4, "Dimensional Requirements", table 2C -2(c) of this title based on the following findings: • The minimum lot area per unit is 2,725 square feet for efficiency, one -bedroom, and two-bedroom units and is 1,315 for three-bedroom units. • The property is 12,320 square feet and will contain one dwelling unit, which complies with the residential density standards in Table 2C -2(c). eotloup signature verification: The Board concludes that the specific residential entrances standards found at 14 -4B -4A -7c will be met based on the following findings for each sub -criterion: (1) To provide safe access for residents within a mixed use building, any building containing a residential use must have at least one door on the exterior of the building that provides pedestrian access to the dwelling units within the building. Said entrance must be located on a building wall that faces a street, public sidewalk, or pedestrian plaza and is visible from and easily accessed from said street, sidewalk, or plaza. Access to dwelling units must not be solely through a parking garage or from an alley. The building has an exterior door that faces the street, but it does not provide access to the dwelling unit. The entrance to the dwelling unit does not face a street, public sidewalk, or pedestrian plaza, but it is easily accessed from the street by a private sidewalk on the property that provides safe access for residents. Because this project reuses an existing building in a CC -2 zone that is not historic, this criterion will need to be waived through the Commercial Reuse Exception provision (See EXC 20-006 below). (2) Access to entrance doors of any individual dwelling units located above the ground level floor of a building must be provided from an enclosed lobby or corridor and stairway. Unenclosed or partially enclosed exterior stairways are prohibited. However, the city may allow exterior fire egress structures on existing buildings that cannot otherwise reasonably meet code requirements, provided the fire egress structure is not located on a wall of a building that faces a street. • Access to the entrance of the dwelling unit is enclosed. (3) To facilitate commercial uses at the street level, the ground level floor height should be no more than one foot (1') above the level of the abutting sidewalk or pedestrian plaza. On sloping building sites and for existing buildings, the city may adjust this requirement. However, on sloping sites at least a portion of the ground level floor height of any new building must be located no more than one foot (1') above the level of the abutting sidewalk or pedestrian plaza, and the floor height of the ground level floor of the building must be no more than three feet (3') above the level of the abutting public sidewalk or pedestrian plaza at any point along a street -facing building facade. • The ground level floor height is approximately 1 foot above the level of the abutting sidewalk, though this requirement may be adjusted due to it being an existing building and the slope of the site. • No portion of the ground level is proposed to be more than 3 feet above the level of the abutting public sidewalk. The Board concludes that the specific standards for ground level floor of building found at 14 -4B -4A -7d will be met based on the following findings for each sub -criterion: -(1) On the ground level floor, the floor to ceiling height must be at least fourteen feet (14'). 0 The ground level floor -to -ceiling height is 8.5' in this building. Aoticri signature verification • Because this project reuses an existing, non -historic building in a CC -2 zone, this criterion will need to be waived through the Commercial Reuse Exception provision (See EXC 20-006 below). (2) For the ground level floor of the building, construction must meet the building code specifications for commercial uses. • The building is an existing structure. • Staff will ensure that any improvements that require a building permit meet the building code specifications for commercial uses. • Sprinklers will be required as part of the building permit process. (3) In the CB -10 zone, for the first two (2) floors of a building, construction must meet the building code specifications for commercial uses. • The property is not zoned CB -10, so this criterion is not applicable The Board concludes that the following criteria is met: In the CB -5 and CB -10 zones, except as provided in subsection A7e(4) of this section and except as allowed by subsection A7f of this section, the board of adjustment may grant a special exception for multi -family dwellings to be located on or below the street level floor of a building, provided that additional criteria found at 14 -4B -4A -7e are met. This is based on the following finding: The property is not zoned CB -5 or CB -10, so these criteria are not applicable. The Board concludes that the following criteria is met: For properties zoned CB -5 located within the area bounded by Gilbert Street, Van Buren Street, Burlington Street and the midblock alley south of Jefferson Street, residential uses are allowed on the ground level floor of buildings, provided that additional criteria found at 14 -4B -4A -7f are met. This is based on the following finding: • The property is not zoned CB -5, so these criteria are not applicable. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The proposed multi -family use and related waivers from zoning standards will have no effect on health, safety, comfort, or general welfare. • The proposed drive-through and related exceptions will increase vehicular traffic to the site, but access to, through, and around the site will be enhanced due to site and alley improvements. • Conflicts may be created where the drive-through lane exits onto St. Mathias. Alley, but these are mitigated through careful design, signage, and pavement markings. • It may be difficult in the morning for vehicles leaving St. Mathias Alley to turn left towards Iowa City due to in -bound traffic, but no more so than it would be for other potentially allowed uses in a CC -2 zone. dotloop signature verification: Effects of decreased screening and setbacks on the east side of the site are partially mitigated by existing landscaping and buildings at St. Joseph's, and they will be further mitigated by the conditions imposed. The site plan shows the removal of two trees. The City declared a state of climate crisis and established carbon emission reduction goals on August 6, 2019. Trees are important to climate mitigation and adaptation, so a condition is imposed that any trees removed be replaced onsite as approved by the City Forrester. Overall, the exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: • The proposed uses are compatible with those of nearby properties. • The proposed site developments and occupancy of the proposed site will not diminish or impair property values in the neighborhood. • Screening and/or separation on the east property line, imposed as a condition and, a: determined by the City, will mitigate impacts to the cemetery. • The proposed exceptions will not injure the use or enjoyment of nearby properties. The Board concludes that establishment of the spec 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 based on the following findings: The surrounding area is already fully developed with a mix of institutional, commercial, and residential uses in commercial and multi -family zones, and only the property to the east currently utilizes the alley. A mixed-use coffeeshop with a multi -family unit is compatible with these uses and zoning districts Offsite improvements to St. Mathias Alley will benefit property owners that utilize the alley through improved circulation. Abutting properties will be separated by adequate setbacks so as not to affect any future work on the properties, and requested exceptions for uses and waivers will not impede normal and orderly redevelopment of surrounding properties. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • Sufficient utilities, primary streets, and necessary facilities are established for this neighborhood and can meet the proposed site requirements. • Proposed internal circulation will be sufficient for vehicular and pedestrian access to the renovated building, with improvements to St. Mathias Alley (which will include but is not limited to obtaining a temporary construction easement from the adjacent property owner). e . Stormwater must be mitigated per City Code to avoid downslope impacts to the south (which will include but is not limited to obtaining a permanent stormwater drainage easement from the adjacent property owner). Aotiwp signature verification. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • The one-way drive through the site and exits onto St. Mathias Alley consolidate potential conflicts on North Dodge and provide for adequate ingress and egress. • St. Mathias Alley will carry two-way traffic, so clear signage and pavement markings as shown on the site plan are necessary to control traffic. • The development will increase traffic to the site. However, the design minimizes impacts on North Dodge Street by concentrating outbound traffic to a single point at St. Mathias Alley. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following finding: • Staff will ensure the site design conforms with all other applicable zoning standards and regulations during the site plan review, and additional reviews by the City Engineer and Director of Neighborhood and Development Services. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use Map of the Comprehensive Plan designates this area for General Commercial. The Future Land Use Map of the North District Plan designates this area for Retail/Community Commercial. • The Comprehensive Plan supports commercial development in "defined commercial nodes, including small-scale neighborhood commercial centers" and encourages retaining and expanding local businesses. • The North District Plan supports locating medium -density housing "in areas with good access to arterial streets" that are "close to neighborhood commercial areas". It also encourages focusing "commercial activity in existing nodes along major arterial streets" and cites the nearby mixed-use Hilltop Tavern as a desirable prototype. • The proposed land use allowed by these special exceptions is consistent with the Comprehensive and North District Plans. DISPOSITON: By a vote of 4-0, the Board approved a multi -family use in a Community Commercial (CC -2) zone for the property located at 1120 N. Dodge Street, subject to the following conditions: 1. Substantially comply with the site plan dated November 3, 2020 (which will include but is not limited to obtaining a permanent stormwater drainage easement from the adjacent property owner as required by the City's stormwater management code); 2. Prior to site plan approval, obtain a temporary use of right-of-way permit with the City along the west side of St. Mathias Alley for the length of the drive-through lane, as, specified by the City Engineer and approved by the City Attorney's Office; - - Eotloop signature venhcanon. 3. Plant at least one new tree onsite for every tree removed, the location and species of which must be approved by the City Forester prior to site plan approval; 4. Improve St. Mathias Alley abutting the property to the east and south, and any sidewalk crossings, as determined by the City Engineer prior to site plan approval. Improvements must be accepted by the City Engineer prior to issuance of a Certificate of Occupancy (which will include but not is not limited to obtaining a temporary construction easement from the adjacent property owner); 5. Provide for screening to the east and/or separation between the drive-through lane and St. Mathias Alley, as determined by the City Engineer and approved by the Director of Neighborhood and Development Services prior to site plan approval. These must be accepted by the City Engineer prior to issuance of a Certificate of Occupancy; 6. No loudspeaker or order board for the drive-through use may be installed; and 7. The drive-through must remain pick-up only. 3. EXC20-0006: A public hearing regarding a special exception application submitted by J+M Civil Design, LLC to permit flexibility through the Commercial Reuse Exception in a Community Commercial (CC -2) zone for the purpose of reusing a vacant building with a coffeeshop and apartment at 1120 N. Dodge Street. The following standards were requested to be waived through the Commercial Reuse provision: 1. General setbacks and screening requirements for the drive-through lane on the east property line (14 -2C -6D-3 & 14 -2C -6G); 2. 10' setbacks for drive-through lanes on the east and south property line (14 -4C -2K - 3b(2)); 3. S3 screening for drive-through lanes on the east property line (14 -4C -2K -3c(2)); 4. A residential entrance on the front multi -family buildings in CC -2 zones (144B4A-7c(1)); and 5. A ground level floor -to -ceiling height of 14' for multi -family uses in CC -2 zones (14413- 4A -7d(1)). The Board concludes that the exceptions are necessary due to existing building or site constraints that make it difficult to meet those standards based on the following findings: • The existing structure was initially built in 1895 with a major addition constructed in 2003, both of which were completed prior to the City's current zoning code. • The east portion of the building was partially within the St. Mathias Alley public right-of- way. This was corrected when the City vacated a portion of the alley (VAC20-0002), approved by City Council on December 1, 2020. • The location of the building on the site makes it difficult to meet setback and screening standards for the drive-through because there is not enough space between the drive- through lane and the alley to accommodate them. • To mitigate this, a condition be imposed that separation and/or screening be provided to the east as determined by the City. Cotioop signature verikavon. • Because the building was laid out prior to the current zoning code, it is difficult to meet standards related to the ground level floor -to -ceiling height and the location of entrances required for multi -family uses. The Board concludes that the exceptions will be compatible with and/or complementary to adjacent development in terms of building mass and scale, relative amount of open space, traffic circulation, general layout, and lighting based on the following findings: • The building mass and scale, and the site layout, will not change due to the proposed project. • Open space will be reduced on the south side of the property, but it will comply with open space standards for multi -family uses. • The proposed project will improve traffic circulation because it will create a route through the site, and alley improvements will carry anticipated traffic. • A condition be imposed that the owner obtain a temporary use of right-of-way permit with the City for St. Mathias Alley to provide space to separate and/or screen the drive- through lane from the alley, as approved by the City. • Staff will review lighting during site plan review to ensure it is compatible with adjacent development. • The exceptions related to the multi -family and drive-through uses are compatible to adjacent development with the conditions imposed. The Board concludes that the exceptions will not adversely affect access, views, noise, stormwater runoff, light and air, and privacy of neighboring properties any more than would a development that satisfies the applicable standard based on the following findings: • The proposed exceptions will not affect views, noise, stormwater runoff, or light and air any more than would a development that satisfies the standards. • Access may be affected by the proposed setback exception for the drive-through lane, specifically where it exits onto St. Mathias Alley. However, it will not do so any more than a property that would satisfy the requirement. • Privacy may be affected by the proposed waiver for drive-through screening to the east. However, cemetery buildings and existing trees buffer the drive-through lane from the cemetery, meaning that the exceptions will not adversely affect privacy any more than would a development that satisfies this standard. • To further ensure privacy, a condition be imposed that separation and/or screening be provided to the east as determined by the City. The Board concludes that the exceptions are not contrary to the intent of the standards being waived or modified based on the following findings: • Proposed waivers for standards related to multi -family uses in commercial zones are intended to provide safe access for residents within a mixed-use building (front entrance location) and to facilitate commercial uses at the street level (ceiling height). • Waiving the front entrance door location maintains the intent of providing safe access from the dwelling to the right-of-way. • Waiving the ceiling height maintains the intent of facilitating commercial uses at thin street level because the applicant has a commercial tenant willing to occupy the.-,, building, and improvements to the site facilitate future commercial uses. Oofloop signature verification. • Setbacks are intended to maintain light, air, separation for fire protection, and access for firefighting; provide opportunities for privacy between dwellings; reflect the general building scale and placement of structures in the city's neighborhoods and commercial areas; promote a reasonable physical relationship between buildings and between residences; and provide flexibility to site a building so that it is compatible with buildings in the vicinity. • Approximately 20 feet will still be provided between the drive-through lane and adjacent property to the east and south, which meets these intentions. • Screening is intended to improve the appearance of Iowa City streetscapes for the benefit of its residents; to create aesthetically pleasing and functional living environments; to protect and enhance property values; and to provide for transitions between dissimilar uses. • Existing trees and buildings effectively screen the drive-through from adjacent cemetery uses, and the drive-through is beside the proposed building, which maintains the appearance of the streetscape. A condition be imposed that adequate separation and/or screening be provided to the east as determined by the City to further ensure these intentions are met. The Board concludes that the exceptions will be in the public interest based on the following findings: • The property has remained vacant for several years, and the parking lot and alley are constructed of gravel. • Occupying the property with neighborhood commercial and residential uses, and improving the site's circulation, parking lot, and alley are in the public interest. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The proposed multi -family use and related waivers from zoning standards will have no effect on health, safety, comfort, or general welfare. • The proposed drive-through and related exceptions will increase vehicular traffic to the site, but access to, through, and around the site will be enhanced due to site and alley improvements. • Conflicts may be created where the drive-through lane exits onto St. Mathias Alley, but these are mitigated through careful design, signage, and pavement markings. • It may be difficult in the morning for vehicles leaving St. Mathias Alley to turn left towards Iowa City due to in -bound traffic, but no more so than it would be for other potentially allowed uses in a CC -2 zone. • Effects of decreased screening and setbacks on the east side of the site are partially mitigated by existing landscaping and buildings at St. Joseph's, and they will be further mitigated by the conditions imposed. • The site plan shows the removal of two trees. The City declared a state of climate crisis and established carbon emission reduction goals on August 6, 2019. Trees are important to climate mitigation and adaptation, so a condition is imposed that any trees removed be replaced onsite as approved by the City Forrester. • Overall, the exceptions will not be detrimental to or endanger the public health, safety, comfort, or general welfare. aotloop signature verification: The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: • The proposed uses are compatible with those of nearby properties. • The proposed site developments and occupancy of the proposed site will not diminish or impair property values in the neighborhood. • Screening and/or separation on the east property line, as determined by the City, will mitigate impacts to the cemetery. • The proposed exceptions will not injure the use or enjoyment of nearby properties. The Board concludes that 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 based on the following findings: The surrounding area is already fully developed with a mix of institutional, commercial, and residential uses in commercial and multi -family zones, and only the property to the east currently utilizes the alley. A mixed-use coffeeshop with a multi -family unit is compatible with these uses and zoning districts. Offsite improvements to St. Mathias Alley will benefit property owners that utilize the alley through improved circulation. Abutting properties will be separated by adequate setbacks so as not to affect any future work on the properties, and requested exceptions for uses and waivers will not impede normal and orderly redevelopment of surrounding properties. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: Sufficient utilities, primary streets, and necessary facilities are established for this neighborhood and can meet the proposed site requirements. Proposed internal circulation will be sufficient for vehicular and pedestrian access to the renovated building, with improvements to St. Mathias Alley (which will include but is not limited to obtaining a temporary construction easement from the adjacent property owner). Stormwater must be mitigated per City Code to avoid downslope impacts to the south (which will include but is not limited to obtaining a permanent stormwater drainage easement from the adjacent property owner). The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: The one-way drive through the site and exits onto St. Mathias Alley consolidate potential conflicts on North Dodge and provide for adequate ingress and egress. St. Mathias Alley will carry two-way traffic, so clear signage and pavement markings as shown on the site plan are necessary to control traffic. The development will increase traffic to the site. However, the design minimizes impacts on North Dodge Street by concentrating outbound traffic to a single point at St. Mathias Alley. — . o CoOooP signature verification: The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following finding: • Staff will ensure the site design conforms with all other applicable zoning standards and regulations during the site plan review, and additional reviews by the City Engineer and Director of Neighborhood and Development Services. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use Map of the Comprehensive Plan designates this area for General Commercial. The Future Land Use Map of the North District Plan designates this area for Retail/Community Commercial. • The Comprehensive Plan supports commercial development in "defined commercial nodes, including small-scale neighborhood commercial centers" and encourages retaining and expanding local businesses. • The North District Plan supports locating medium -density housing "in areas with good access to arterial streets" that are "close to neighborhood commercial areas". It also encourages focusing "commercial activity in existing nodes along major arterial streets" and cites the nearby mixed-use Hilltop Tavern as a desirable prototype. • The proposed land use allowed by these special exceptions is consistent with the Comprehensive and North District Plans. DISPOSITON: By a vote of 4-0, the Board approved flexibility through the Commercial Reuse Exception in a Community Commercial (CC -2) for the property located at 1120 North Dodge Street, subject to the following conditions: 1. Substantially comply with the site plan dated November 3, 2020 (which will include but is not limited to obtaining a permanent stormwater drainage easement from the adjacent property owner as required by the City's stormwater management code); 2. Prior to site plan approval, obtain a temporary use of right-of-way permit with the City along the west side of St. Mathias Alley for the length of the drive-through lane, as specified by the City Engineer and approved by the City Attorney's Office; 3. Plant at least one new tree onsite for every tree removed, the location and species of which must be approved by the City Forester prior to site plan approval; 4. Improve St. Mathias Alley abutting the property to the east and south, and any sidewalk crossings, as determined by the City Engineer prior to site plan approval. Improvements must be accepted by the City Engineer prior to issuance of a Certificate of Occupancy (which will include but not is not limited to obtaining a temporary construction easement from the adjacent property owner); 5. Provide for screening to the east and/or separation between the drive-through lane and St. Mathias Alley, as determined by the City Engineer and approved by the Director of Neighborhood and Development Services prior to site plan approval. These must be accepted by the City Engineer prior to issuance of a Certificate of Occupancy; ,Cotloop signature verification: 6. No loudspeaker or order board for the drive-through use maybe installed; and 7. The drive-through must remain pick-up only. 4. EXC20-0007: A public hearing regarding a special exception application submitted by Neumann Monson Architects to allow a 60 percent parking reduction for a mixed-use renovation of existing structures and a new multi -family construction at 109, 111, 113-115, 117-119, 121, and 127 East College Street. The Board concludes that the following criterion is met: Where it can be demonstrated that a specific use has unique characteristics such that the number of parking or stacking spaces required is excessive or will reduce the ability to use or occupy a historic property in a manner that will preserve or protect its historic, aesthetic, or cultural attributes, the Board of Adjustment may grant a special exception to reduce the number of required parking or stacking spaces by up to fifty percent (50%) (up to 100 percent for properties designated as a local historic landmark, listed on the National Register of Historic Places, or listed as key or contributing structures in a Historic District or Conservation District Overlay Zone). This is based on the following findings: • The applicant has requested the exception to preserve the historic, aesthetic, or cultural attributes of a local historic landmark. City Council is currently considering a local historic landmark designation for the property, which would allow a parking reduction of up to 100 percent of the required minimum number of parking spaces. • The local historic landmark designation must be approved for the requested parking reduction to be requested. Therefore, a condition is imposed that the special exception be contingent upon the adoption of the local historic landmark rezoning. • The proposed redevelopment includes renovation of historic structures on the pedestrian mall and a new multi -family building behind them on the alley. • The historic properties are being preserved as part of this project whereas they could otherwise be demolished under the current zone. Without approval of the project, and the related historic rezoning, the developer would not be required to preserve the buildings in the future. • The gap analysis submitted for Tax Increment Financing (TIF) shows that additional costs, such as increased parking requirements, would increase the financing gap. • The renovation will invest in the historic properties to preserve their important historic and aesthetic attributes. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: The applicant has proposed 0.49 parking spaces per dwelling unit, which is similar to other recent downtown projects including Augusta Place (0.45) and Market House (0.5). 7 South Linn, which has offsite parking spaces, had approximately 3540 percent of residents request parking last year, according to the applicant. A reduction in parking spaces generally decreases the number of vehicular trips to the site and increases trips by other modes of transportation, such as walking and biking. Residences close to a wide variety of employment opportunities and services, such as in downtown Iowa City, generally have a decreased demand for parking. dotloop signature verification. • Three public parking ramps totaling 2,100 spaces are within a 3 -minute walk of the proposed building. Some vehicular trips will likely be diverted to these parking ramps, which are intended to accommodate high trip volumes. • Before the pandemic, these three parking facilities were near capacity from 10 a.m. to 2 p.m., and monthly parking permits in these ramps have long wait lists. Available parking permits are typically first offered to businesses rather than residents. • Tenants will consider reduced onsite parking in their decision-making. It is likely the proposed project will attract tenants who do not require as much onsite parking. • Overall, the parking reduction will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: • Generally, downtown parking is provided in public parking facilities, rather than private surface lots or structures, to foster compact, pedestrian -oriented areas. • If there is excess demand for residential parking, it will likely not impact neighbors as there is generally enough existing parking infrastructure throughout the city to accommodate it. However, downtown parking availability may tighten as a result. • Increased pedestrian traffic around the proposed use will likely improve the commercial viability of nearby businesses. • Overall, the parking reduction will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not impair nearby property values. The Board concludes that establishment of the speck 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 based on the following findings: The downtown is already largely developed, and recent redevelopment projects have only increased the demand for additional improvements downtown. The proposed development will likely cause temporary closures of the alley or portions of the pedestrian mall as part of construction but will otherwise not impact development or improvement of surrounding properties in the long-term. Reducing parking specifically will not impede normal development. The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: The existing alley provides adequate vehicular access to the proposed use, while the pedestrian mall provides adequate pedestrian access. Staff will ensure adequate utilities, drainage, and other necessary facilities are being provided through the site plan review and building permitting processes. The project is seeking tax increment financing (TIF), which will allow the project to move forward as proposed by filling the project's financing gap. TIF dollars will be rebated over 15 years but will not be limited to infrastructure improvements. ,dotloO signature verification: The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • Access to public streets is provided through a public alley which exits either east at the terminus of S. Dubuque Street or west onto S. Clinton Street at a midblock location. S. Dubuque Street intersects E. Burlington Street at a signal -controlled intersection. • Approximately 6 cars can queue on S. Dubuque Street at the signal, with additional spaces on the alley. • Depending on final trip generation characteristics, traffic signal timing at the S. Dubuque Street and E. Burlington Street intersection may need to be adjusted. • Both proposed parking level entrances are located on the alley at grade. • Adequate measures are being taken to minimize traffic congestion. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: As the project progresses, staff will ensure that all applicable standards and regulations are met through the site plan review and building permitting processes. If TIF dollars are used as proposed, additional requirements will need to be met including: affordable housing (at least 15% percent of units must be affordable or a fee in lieu of units must be paid); sustainability (must meet at least LEED Silver standards); minimum improvements (such as for historic properties); and other public benefits. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • The Future Land Use map of the Comprehensive Plan designates this area for General Commercial, and includes a goal to "preserve the historic, mainstreet character of the Downtown, while encouraging appropriate infill development to enhance the economic viability and residential diversity of the area". • The Downtown and Riverfront Crossings Master Plan includes objectives for the downtown district such as "protect historic character and key historic buildings" and "promote quality infill and redevelopment'. The development program for the area includes "residential options — new construction and rehab". • While the Master Plan does not specifically highlight this block for redevelopment, projects with limited onsite parking are generally supported downtown because "the City currently addresses parking demand through a parking district approach... instead of addressing parking on a project -by -project or site -by -site basis." • Reducing parking to promote historic preservation and provide contextual infill development is consistent with the Comprehensive Plan. DISPOSITON: By a vote of 3-1 (Chrischilles against), the Board approved a reduction in the minimum parking requirement by 60 percent for the properties located at 109,_ 111, 113-115, 117-119, 121, 127 E. College Street, subject to the following condition: Gotloop ssgnature verification 1. City Council adoption of a Historic District Overlay (REZ20-02) to designate the properties as a local historic landmark. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14-8C- 1 E, City of Iowa City, Iowa. Q& -fii Lrar Ol]- IgC5� MfNNEK-5NEM�$PJO{Y.IL Amy Pretorius, Chairperson STATE OF IOWA JOHNSON COUNTY Approved by: City Attorney's Office I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 91" day of December, 2020 as the same appears of record in my Office. Dated at Iowa City, this day of CO fbl 20 z0 Kellie K Fruehling, City erk