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HomeMy WebLinkAbout2021-07-14 BOA Agenda PacketIOWA CITY BOARD OF ADJUSTMENT Wednesday, July 14, 2021 Electronic Meeting – 5:15 PM Zoom Meeting Platform Agenda: 1. Call to Order 2. Roll Call 3. Special Exception Items a. EXC21-0006: An application submitted by Iowa City Ready Mix, Inc. requesting a special exception to enlarge an existing heavy manufacturing use in a General Industrial (I-1) zone to construct an addition at 1854 S. Riverside Drive. b. EXC21-0007: An application submitted by Shive-Hattery on behalf of Regina Catholic Education Center requesting a special exception to enlarge an existing general education facility use in a Low Density Single-Family Residential (RS-5) zone to construct an addition at 2150 Rochester Avenue. c. EXC21-0008: An application submitted by Neumann Monson Architects requesting a special exception to allow a Rooftop Service Area for a nonconforming drinking establishment in a Central Business (CB-10) zone at 111 E. College Street. d. EXC21-0009: An application submitted by Axiom Consultants requesting a specia l exception to allow a 50 percent parking reduction for other unique circumstances to construct a new mixed-use building at 21 S. Linn Street. Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting is being held because a meeting in person is impossible or impractical due to concerns for the health and safety of Commission members, staff and the public presented by COVID-19. You can participate in the meeting and can comment on an agenda item by joining the Zoom meeting via the internet by going to https://zoom.us/meeting/register/tJwkf- mvqDktHNUrKyBPO9ps9hwBA65FwlAa. If you have no computer or smartphone, or a computer without a microphone, you can call in by phone by dialing (312) 626-6799 and entering the meeting ID 989-8076- 2761 when prompted. Providing comment in person is not an option. July 14, 2021 Board of Adjustment Meeting 4. Consideration of Meeting Minutes: June 30, 2021 5. Board of Adjustment Announcements 6. Adjournment If you will need disability-related accommodations in order to participate in this meeting, please contact Kirk Lehmann, Urban Planning at 319-356-5230 or at kirk-lehmann@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Board of Adjustment Meetings Formal: August 11 / September 8 / October 13 Informal: Scheduled as needed. July 14, 2021 Board of Adjustment Meeting EXC21-0006 ITEM 3A ON THE AGENDA Staff Report Prepared by Staff 1 STAFF REPORT To: Board of Adjustment Item: EXC21-0006 Parcel Number: 1022251001 Prepared by: Joshua Engelbrecht, Planning Intern Kirk Lehmann, Associate Planner Date: July 14, 2021 GENERAL INFORMATION: Applicant: Iowa City Ready Mix Inc 1854 S. Riverside Drive Iowa City, IA 52246 Contact Person: Matt Knepper 1854 South Riverside Drive Iowa City, Iowa 52246 319-338-9764 knepper.icrm@gmail.com Property Owner(s): Iowa City Ready Mix Inc 1854 S. Riverside Drive Iowa City, IA 52246 Requested Action: Approval of a special exception to enlarge a heavy manufacturing use in a General Industrial (I-1) zone Purpose: To allow the construction of an addition Location: 1854 S. Riverside Drive Location Map: Size: 2.3 Acres Existing Land Use and Zoning: Industrial; General Industrial (I-1) 2 Surrounding Land Use and Zoning North: Open Space: Neighborhood Public (P-1) East: Commercial & Institutional: Intensive Commercial (CI-1) South: Industrial: General Industrial (I-1) West: Institutional (Airport): Neighborhood Public (P-1) Applicable Code Sections: 14-4B-3A: General Approval Criteria 14-4B-4C-4: Heavy Manufacturing In CI-1 And I-1 Zones File Date: June 7, 2021 BACKGROUND: The applicant, Iowa City Ready Mix Inc, owns a concrete manufacturing business at the subject property, 1854 S. Riverside Drive. Concrete batch/mix plants are considered a “heavy manufacturing use” because they may have significant external effects (odor, fumes, smoke, dust, etc.) on adjacent, less intense commercial or industrial uses. However, the zoning code allows heavy manufacturing uses by special exception in the property’s General Industrial (I-1) zone. Iowa City Ready Mix has been in the Iowa City area since 1963. In 2005, it became a conforming use when it was approved through the special exception process to allow construction of a covered structure to roof the 5 material hoppers and 4 dump trucks to be parked at that location. In total, the site includes three buildings: two pole frame buildings totaling 18,032 square feet, and the primary building which includes the office totaling 2,854 square feet. The Board of Adjustment did not require any conditions in its decision dated September 14, 2005 (recorded October 18, 2005 in Book 3952, Pages 826-828 in the Johnson County Recorder’s Office). The current special exception application (EXC21-0006) was filed to request an enlargement of the heavy manufacturing use. Specifically, the proposed addition is to the primary building with the office which would extend the north wall by about 9 feet, the east wall by about 2 feet, and the roof in the center section to a height of approximately 50 feet. The addition would allow the replacement of equipment which would decrease load time into mixers and provide additional capacity for the silos and aggregate bins. Plans for the proposed addition are included in Attachment 4. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare; to conserve and protect the value of property throughout the city; and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the specific criteria included in Section 14-4B-4C-4, pertaining to Heavy Manufacturing In CI-1 And I-1 Zones, as well as the general approval criteria in Section 14-4B-3A. For the Board of Adjustment to grant this special exception request, each of the following criterion below must be met. The burden of proof is on the applicant, and their comments regarding each criterion may be found on the attached application. Staff comments regarding each criterion are set below. 3 Specific Standards: 14-4B-4C-4: Heavy Manufacturing In CI-1 And I-1 Zones: 1.The proposed use must be located at least five hundred feet (500') from any residentially zoned property. FINDINGS: •There are no residentially zoned properties within 500 feet. •The closest residential zone is more than 1,000 feet from the subject property. 2.All proposed outdoor storage and work areas must be located and screened to adequately reduce the noise, dust, and visual impact of the proposed use from surrounding properties. FINDINGS: •The proposed addition to the primary building will allow for manufacturing equipment and silos to be replaced and enclosed in the building envelope, which will reduce noise and dust. Other buildings on the property will not be impacted by the addition. •The addition includes updates to the façade which will have a positive visual impact. 3.Traffic circulation and access points must be designed to prevent hazards to adjacent streets or property. FINDINGS: •The property is accessed from 3 curb cuts on S. Riverside Drive, which acts as a frontage road for Old Highway 218. •Most of the site around the primary building is paved which provides access through and around the site, including to the other buildings and equipment. •The addition will retain adequate space for circulation to the north and east of the primary building and will otherwise not affect circulation or access. •Additional daily truck traffic is not expected to significantly increase due to the proposed improvements. General Standards: 14-4B-3: Special Exception Review Requirements: 1.The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. FINDINGS: •The proposed addition will enclose new manufacturing equipment within the building. •The new equipment is expected to decrease load times into mixers and increase onsite storage capacity, which decreases reliance on shipping tankers and dump trucks. Daily truck traffic is not expected to significantly increase. •The roads surrounding this use do not have sidewalks or bike trails, so pedestrian interaction with the subject property is minimal. •The property is in the 100-year floodplain, so a floodplain permit will be required to document that the proposed addition will not be in the 100-year floodplain. 2.The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. 4 FINDINGS: •The proposed addition is in the transitional zone of the municipal airport to the west which restricts maximum building height to 75 feet. The proposed addition is less than this and will thus not impair the use of the airport. The Federal Aviation Administration has already accepted the proposed addition (Project: IOWA –000639526-21). •Properties to the south are zoned I-1 and contain industrial uses. Owners have not raised concerns over the proposed addition. •Trees to the north and east screen the use from public trails across the Iowa River. •The proposed project will improve the building’s appearance and will not negatively impact surrounding properties or their property values. 3.Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. FINDINGS: •The proposed addition is relatively small, and the enlarged building will be more than 100 feet from adjacent properties to the west and south and more than 50 feet from public property to the north. •The surrounding neighborhood is already developed with industrial and public uses, and the proposed addition will not affect future development or improvement. 4.Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: •The site has access to adequate utilities, and improvements to utilities, where required, must be approved by the appropriate entity prior to construction. •Roads, access drives, and stormwater management will not be significantly affected by the proposed addition. •Compliance with the City’s building code and related requirements will be reviewed during the site plan and building permit processes. 5.Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: •The property is accessed from S. Riverside Drive which acts as a frontage road to Old Highway 218. Because S. Riverside Drive forms a dead-end north of the property, traffic is primarily limited to vehicles accessing the subject property. •The property will retain adequate space for circulation around the building. •The proposed addition is not expected to significantly increase traffic to the site. 6.Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. FINDINGS: 5 •The proposed addition will be approximately 50 feet tall, which is higher than the 45- foot maximum building height allowed in the I-1 zone. However, the maximum building height may be increased by 1 foot for every 2 feet of additional setback (14-2D-4C- 4a). The building is set back adequately from all lot lines to allow for approximately 8 feet of additional building height, so the proposed addition complies with this standard. •Buildings on the site total 20,886 square feet, and heavy manufacturing uses require 1 off-street parking space for every 750 square feet of floor area and 2 off-street loading spaces for uses between 20,001 and 40,000 square feet. The proposed addition will add approximately 600 square feet, which will require an additional parking space but no additional off-street loading spaces when looking at parking across the site. •The Sensitive Areas Ordinance requires a 50-foot buffer between the Iowa River and any development activity, but the proposed addition is not within that buffer. •Staff will ensure the site design conforms with all applicable zoning standards and regulations, including requirements related to parking and sensitive areas, during the site plan review. •The property is in the 100-year floodplain, but the proposed addition appears to be outside the floodplain. The applicant will need to confirm this by obtaining a floodplain permit prior to issuance of a building permit. 7.The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: •The Future Land Use Map of the Comprehensive Plan designates this area for General Industrial, and the Future Land Use Map of the South Central District Plan designates this area for Industrial / Manufacturing Uses. •One of the Comprehensive Plan’s goals is to “Increase…the property tax base by encouraging the retention and expansion of existing businesses....” •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. STAFF RECOMMENDATION: Staff recommends approval of EXC20-0006, to allow enlargement of a heavy manufacturing use within a General Industrial (I-1) zone for the property located at 1854 S. Riverside Drive in order to construct an addition. ATTACHMENTS: 1.Location Map 2.Zoning Map 3.Correspondence 4.Application Materials Approved by: _________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services July 14, 2021 Board of Adjustment Meeting EXC21-0006 ATTACHMENT 1 Location Map Prepared by Staff RIVE RSIDE DRSRIVERSIDEDR IMPERIAL CT OLD HIGHWAY 218 SEXC21-00061854 S. Riverside Dr.µ 0 0.055 0.110.0275 Miles Prepared By: Joshua EngelbrechtDate Prepared: June 2021 An application submitted by Iowa City Ready Mix, Inc for a special exception allowing heavy manufacturing in I-1 zones to allow for the expansion of an existing use for approximately 2.3 acres of property located at 1854 S. Riverside Dr. July 14, 2021 Board of Adjustment Meeting EXC21-0006 ATTACHMENT 2 Zoning Map Prepared by Staff RIVE RSIDE DRSRIVERSIDEDR IMPERIAL CT OLD HIGHWAY 218 SP1 CI1 I1 EXC21-00061854 S. Riverside Dr.µ 0 0.055 0.110.0275 Miles Prepared By: Joshua EngelbrechtDate Prepared: June 2021 An application submitted by Iowa City Ready Mix, Inc for a special exception allowing heavy manufacturing in I-1 zones to allow for the expansion of an existing use for approximately 2.3 acres of property located at 1854 S. Riverside Dr. July 14, 2021 Board of Adjustment Meeting EXC21-0006 ATTACHMENT 3 Correspondence Submitted by the Identified Party June 28, 2021 RE: Special Exception for 1854 S. Riverside Dr. Dear Property Owner: The Iowa City Board of Adjustment has received an application submitted by Iowa City Ready Mix Inc, requesting a special exception to allow the construction of an addition to a heavy manufacturing use within a general industrial (I-1) zone for the property located at 1854 S. Riverside Drive (see attached map). As a neighboring property owner, you are being notified of this application. If you know of any interested party who has not received a copy of this letter, we would appreciate it if you would inform them of the pending application. The Board of Adjustment will review this application at either in-person meeting in Emma Harvat Hall, City Hall, 410 East Washington Street, Iowa City or an electronic public meeting via Zoom. Regardless of its location, the meeting time is tentatively scheduled for July 14, 2021 at 5:15 p.m. Because the meeting is subject to change, check the City of Iowa City’s website, www.icgov.org/BOA, the week of the meeting to confirm the meeting agenda and location. You are welcome to attend this public meeting to present your views concerning this application. You may also submit written information for consideration to me in advance of the meeting, and I will include your comments in the information to be considered by the Board. Please do not hesitate to contact me at kirk-lehmann@iowa-city.org or 319-356-5230 if you have any questions or comments about this application or if you would like more information on the Board of Adjustment review process. Sincerely, Kirk Lehmann, AICP Associate Planner City of Iowa City Department of Neighborhood and Development Services An electronic meeting, pursuant to Iowa Code section 21.8, may be held because a meeting in person is impossible or impractical due to concerns for the health and safety of Board members, staff and the public presented by COVID-19. Details on how to participate if it is an electronic meeting will be included in the agenda packet, which will be available at www.icgov.org/BOA the Monday before the meeting. Providing comment in person is not an option. What is the Board of Adjustment? The Board of Adjustment is panel made up of Iowa City citizens appointed by the City Council. The board reviews and grants special exceptions and variances and also considers appeals when there is a disagreement about an administrative zoning decision made by the City. Members of the board act like judges, making decisions about individual properties and uses that may have difficulty meeting a specific zoning regulation or to resolve disputes about administrative zoning decisions. The actions and decisions of the Board of Adjustment are binding upon all parties unless overturned upon appeal to District Court. What is a special exception? There are two types of special exceptions. 1. Within the zoning code a number of land uses are set apart as special exceptions that may be permitted in certain zones. Rather than permitting these uses outright, each is reviewed on a case-by-case basis to ensure that they do not negatively affect surrounding properties. For example, daycare centers are permitted in residential zones by special exception. The same is true of churches and private schools. All may be appropriate uses in residential zones, if certain criteria such as parking, screening, and other requirements are met. 2. Adjustments to specific zoning requirements in cases where there are unique circumstances. Again, the opportunity to adjust these requirements and the criteria for allowing such adjustments are described in the Zoning Code. For example, a homeowner may apply for a reduction in a building setback in order to accommodate an addition or other improvement to their property. The Zoning Code lists explicitly each use and standard for which a special exception may be considered. In other words, you can’t request a special exception for everything—only those things called out as special exceptions in the Code. The Code also provides criteria specific to each request. Applicants must provide evidence that they satisfy each of these criteria, and the Board must consider these criteria when making a determination as to whether to grant a special exception. What is a variance? A variance grants a legal right to an owner to develop property in a manner that deviates from a specific provision of the Zoning Code and for which a special exception is not expressly allowed. In seeking relief from the restrictions in the Zoning Code, the property owner applying for the variance must show that the strict application of the Zoning Code would cause and unnecessary hardship such that the property in question is unusable or that a literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the zoning district. In addition the circumstances that create this hardship must be unique to the property in question and must not be of the property owner’s own making. What is an appeal? The Board considers and rules on appeals from any citizen who believes there is an error in any decision, determination, or interpretation made by the City or its designee in the administration of the Zoning Code. As with their other decisions, the Board’s ruling is binding on all parties unless overturned on appeal to the District Court. How does the review process work? An application requesting a special exception, variance, or an appeal is a request. The Board makes a decision on whether to grant a specific request only after City staff have provided a review of an application and the public has had an opportunity to make its concerns known. The Board not only has the right to approve or deny requests, but may also choose to approve request subject to certain conditions. In making decisions, the Board may only consider comments and evidence relevant to the specific standards provided in the code. City Development Staff provide reports to the Board for each application on the agenda. The Staff Report provides background information on the application, informs the Board of all the criteria in the Code that a particular application must satisfy, and interprets whether and how an application has satisfied these criteria. How can I participate in the process? Because most applications will be reviewed and decided upon at a single public hearing, it is important for interested parties to respond in a timely and informed manner. Those who wish to speak for or against an application are given an opportunity to be heard by the Board at the hearing, but may also submit written comments prior to the meeting. Written comments must be delivered to the Department of Neighborhood & Development Services at City Hall no later than 5 days before the hearing in order to be included with the Staff Report. All correspondence submitted after that time will be delivered to the Board at the time of the hearing. The Board considers the application, the recommendation of staff (in the staff report) and any additional information, correspondence, or testimony provided at the hearing. Board of Adjustment hearings are usually held on the second Wednesday of each month at 5:15 p.m. in Emma J. Harvat Hall in City Hall. You can find more information at the following website: www.icgov.org/boa. The Staff Report can be very useful to anyone who is unfamiliar with the BOA process or with the Zoning Code and will provide an understanding of the criteria that the Board must consider in rendering its decision. Staff Reports may be obtained from the Department of Neighborhood & Development Services. E-mail kirk-lehmann@iowa- city.org to request a copy of a report. If you have questions about an application or if you simply want more information about issues related to the Board of Adjustment, please feel free to contact Kirk Lehmann at 319-356- 5230 or e-mail kirk-lehmann@iowa- city.org. To submit comments to the Board of Adjustment write to the Board of Adjustment c/o the Department of Neighborhood & Development Services, 410 E. Washington St., Iowa City IA 52240 or e-mail kirk-lehmann@iowa- city.org. Board of Adjustment: Frequently Asked Questions RIVE RSIDE DRSRIVERSIDEDR IMPERIAL CT OLD HIGHWAY 218 SEXC21-00061854 S. Riverside Dr.µ 0 0.055 0.110.0275 Miles Prepared By: Joshua EngelbrechtDate Prepared: June 2021 An application submitted by Iowa City Ready Mix, Inc for a special exception allowing heavy manufacturing in I-1 zones to allow for the expansion of an existing use for approximately 2.3 acres of property located at 1854 S. Riverside Dr. 1 Kirk Lehmann From:Matt Knepper <knepper.icrm@gmail.com> Sent:Wednesday, June 23, 2021 12:06 PM To:Kirk Lehmann Subject:Re: EXC21-0006: Comment Letter I don't have the specifics on the new plant production times, but we are hoping for a 25% faster load time into our mixers. We are not adding more mixers to our fleet, so the same mixers should be able to get to projects faster. This gets our mixers back to us quicker and allows more of a chance for us to deliver concrete to contractors when they want it, rather than having them wait on busy days. We hope to increase production, but given the current economy, we just want to make sure we can deliver our concrete ontime. The main purpose of the new equipment and building addition/alterations is to get more capacity from our silos and aggregate bins, so we are not relying on shipping tankers for cement and fly ash or our dump trucks for rock and sand. These deliveries can be done before we are busy, so that will lead to less congestion on our site. Our equipment is old, so it needs to be replaced. And we want to upgrade it given the opportunity. Daily truck traffic will not be an issue. Like any production facility, there will be times we are busy and times we aren't moving. No noticeable change will be noticed from our current loading sequence. With 5 ready mix plants in the area, we are just trying to keep our current client base and improve our service, without the worry of running out of material. Let me know if you have any other questions. Thanks, Matt Matt Knepper General Manager Iowa City Ready Mix Inc. 1854 South Riverside Dr. Iowa City, Iowa 52246 Office: 319-338-9764 Fax: 319-338-7910 Cell: 319-325-6567 knepper.icrm@gmail.com 1 Kirk Lehmann From:Matt Knepper <knepper.icrm@gmail.com> Sent:Tuesday, June 8, 2021 11:12 AM To:Kirk Lehmann Subject:Re: 1854 S Riverside Dr Concrete Plant Expansion Attachments:We sent you safe versions of your files; Building Alteration Notes on Plan View.pdf; existing_with_lopro_12_overlay-Rev_1 WITH NOTES.pdf; PlotandNewPlans.Clarified.20210608.pdf Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. We did not hold a formal Good Neighbor Meeting, just spoke with a few close neighbors.  So I guess that should of been  marked as "No".    I did not speak with Julie about the Floodplain yet, I was thinking that was after this approval as one more permit we  would need to get later.    The drawing I sent you earlier is not accurate since the new replacement equipment is longer than expected, so the  room we wanted to house the electrical will be setback near the NW corner of the existing building, instead of straight  north of the center section of the building.  On the first plan view sheet I uploaded to you, the top two drawings show an  overlay of the existing building walls, then ATS redrew the lines on the north end for the addition and the widening of  the 72' c 20' area, and that drawing is in the middle of the page.  I have two new sheets attached here with clarifications,  I also marked the addition in a blue rectangle, broke into two rectangles (one for the electrical/storage room and one  area that will be open to the main plant area).  The western room will have a lower roof and be used for the electrical  panels and storage.  The center section that is about 72' x 20' has been extended about 12' to the north of the existing  wall and extended vertically, this area will be one room to house the new replacement equipment from Con‐E‐Co.  This  center section is shaded darker to note the higher roof over the full 72' x 20'. The east wall in that 72' x 20' area will be  moved about 2' to the east, so alterations with the connections of the intersecting walls will need to be done.  Like I  mentioned in the application, we are only adding onto the building about 9' to north.  The rest of the alterations have to  do with the reconstruction of the tower to extend the full length of the building from the north to south ends, instead of  just half the length as it is now.    As for plans from M2B, we should have them by July 9th.  I will keep you informed.    I am attaching a new plans upload for you, it has an extra sheet with notes for the plan view, plus I added notes to the  sheet with the existing building plan views and new section views.  Let me know if this is clearer.  Matt      Matt Knepper  General Manager  Iowa City Ready Mix Inc.  1854 South Riverside Dr.  Iowa City, Iowa 52246  Office: 319‐338‐9764  Fax: 319‐338‐7910  Cell: 319‐325‐6567  July 14, 2021 Board of Adjustment Meeting EXC21-0006 ATTACHMENT 4 Special Exception Application Submitted by the Applicant Project Description: Our manufacturing equipment (rock bins, cement silos, dust collector, weigh hoppers, and conveyer belts) needs to be replaced within our plant building. In order to accommodate the new equipment, we need to move a portion of the north side wall about 12' north of the existing location (actually 9'-1 5/8" from the furthest northern wall as shown on the drawings). We are planning on extending the center section of our plant building vertically to enclose lower profile silos within the building, yet keeping the roof under 55' to satisfy height requirements with the FAA due to our location next to the airport. We have spoken to the IC Airport and this won't be an issue with them since we are between runways. Currently our silos protrude through the roof and the dust collector is outside. With the raised enclosure, the upgraded dust collection system and silos will be inside, allowing for a cleaner look from the street and considerably less chance for dust since the new dust collector automatically recycles the dust back into the concrete mixers. No need to empty the dust collector as it is set up now. The west side of the building where the offices and dispatch are, will not be affected. The east side of the building will get new metal siding to match the center section that we will be extending vertically and to the north. Some minor alterations to walls and roofs will happen at the intersections with the center section being raised to make it look clean. M2B is engineering the building enclosure and foundation for the replacement equipment. Jo hnso n C oun ty Joh ns on Co unt y G ISWeb Pr inti ng Pri nte d : 4/29/20 2 1 Th e in form atio n p resen te dherein is intend ed to be a naccurate re presenta tion ofexisting records. Jo hn sonCounty a ssumes n o lia bilit yfor e rrors o r omis sio ns. Use rs re lyin g on this in form atio n d o so at th eirown risk..0 0.03 0.060.01 5 m i 1 i n ch = 147 feetMy Map Specific Criteria (14-4B-4C-4): Heavy Manufacturing in CI-1 and I-1 Zones (Concrete Batch Plants) a. The proposed use must be located at least five hundred feet (500’) from any residentially zoned property. Iowa City Ready Mix is not located within 500’ of any residentially zoned property. b. All proposed outdoor storage and work areas must be located and screened to adequately reduce the noise, dust, and visual impact of the proposed use from surrounding properties. With the vertical enclosure extension we are proposing, it will completely contain the equipment and 2 silos located over the equipment. The dust collector will now tie together all the silos and directly discharge it into the concrete mixer. Since the dust collector will be located within the enclosure, no dust will escape since it will not need to be emptied like the current one that is located outdoors. Much cleaner process inside and outside. Moving a portion of the north wall further to the north will allow room for the replacement equipment to remain inside the building (replacement equipment is slightly wider and longer than the current equipment). Noise will be lower than what it currently is due to new insulation and framework. Visually the plant/office building will look brand new with clean roof lines, yet keep the original street face that has been here since Iowa City Ready Mix Inc. owned the property in 1989. The original brick around the office portion of the building will remain, then all new metal siding/roofing will replace the aged metal. The vertical extension of the center of the building will hide the 2 inside silos (currently extend through the roof) and block the view of the exterior silos behind the building. The exterior dust collector will be removed from the SE corner of the exterior since we will have a new one located inside the building. The building will look much less cluttered and be brought up to date. c. Traffic circulation and access points must be designed to prevent hazards to adjacent streets or property. Traffic will not be interrupted since we are only extending the north portion of the center of the existing building to the north. No roads or highways are affected. We need room to drive our dump trucks and mixers past each other while rinsing down on that side of the building, so we don’t want to restrict ourselves any more than we need to. All construction related work will be on our property, so no hazards to adjacent streets or properties. General Criteria (14-4B-3A) 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The small movement to the north of a portion of the north wall and the vertical extension of the center of the building will have no affect on public health, safety, comfort, or general welfare. We are located on a dead-end street and there are no sidewalks for pedestrians, so very little traffic near our building. 2. The specific proposed exception will not be injurious to the use and enjoyment of the other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. Our proposed exception will only increase the value of the surrounding properties since our building will look nearly new with some historical character. The value of our property will be increased since it will have new replacement equipment within, new siding/roofing, and upgraded electrical and plumbing within. It will not be injurious to the use and enjoyment of the other properties around. There are trees along the riverbank and open grass between us and the boat ramp located 1,500’ to the north. The airport is to our west, and we are not in line with their runways (we have talked to them already and they don’t see any problems with our plans as long as we have a blinking red light at our highest point). The river is to our east and many trees and existing buildings line the river. Businesses to the south are friends of ours and we pose no issue to them with our proposed building alterations (Kelly Plumbing and Heating and Hollywood Graphics). 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. As mentioned already, we are staying well within our property and will only be improving the aesthetics of the building in the eyes of the surrounding property owners. The small extension of the north wall and vertical extension of the center of the plant will not interfere with any future plans with the airport nor the city property to the north. The existing silos on the east side of the building are acceptable to the airport, so by enclosing shorter interior silos, the building will not impede the normal and orderly development or improvements of the airport. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Water, gas, and electrical services will be unchanged or upgraded as necessary per manufactures recommendations for the replacement equipment. Advanced Technical Services and Con-E-Co have requirements for water and electricity for the replacement equipment, so we are working with Advanced Electric and MidAmerican Energy to identify, plan, and schedule the temporary and permanent electrical layout. A site meeting has already taken place between MidAmerican Energy and Advanced Electric. A plan is ready to be implemented and MidAmerican Energy doesn’t foresee any issues with the electrical upgrade that the Con-E-Co equipment will require. The electrical, gas, water, and sewer will all be able to be relocated (if necessary) prior to the new foundations being installed to move the north wall to the north. Access roads are not necessary due to the location of the project within our property, and our site is already designed to contain all drainage. We have a pit with an underground overflow tank that we pump out daily that is located in the northeast corner of the site. The concrete pavement has been raised to ensure all flow lines flow to the pit for containment and removal. Curbing is in place along the north edge of the property to also prevent unwanted wash water from leaving the site. These containment fixtures were approved by the EPA to protect the Iowa River from runoff from our site. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. The building alteration we are proposing is located on the north side the building, which is adjacent to the dead end of Riverside Dr. No traffic will be disrupted on public streets. Access will still be available to our building throughout the construction period, which should be limited to 6-8 weeks from start to finish. 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. As discussed in the Specific Criteria for Approval in Section 14-4B-4C-4, all requirements are met for our Heavy Manufacturing CI-1 and I-1 Zones. Please see responses in that letter which is attached to this Special Exemption Application. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. Iowa City Ready Mix, Inc. has been in business since 1963. We have supported the University of Iowa, University of Iowa Hospitals and Clinics, Iowa City Community School District, Private school districts, and many local organizations. We also want our community to grow and prosper. With this Special Exception, it will only help this vision become a reality. Updating one business at a time. We will be more energy efficient with the upgraded replacement plant since ours is over 50 years old. The building will get a facelift and revised exterior to make it appear up to date with current new buildings in the area. We have already updated our containment structures around the entire site to protect the Iowa River and Public roadways from site runoff and worked with the City of Iowa City to improve the Imperial Court cul-da-sac. This replacement plant equipment and building updates/alterations will allow our business to continue to grow and employ more personnel. Consistent quality concrete is what we have provided for decades, and with these improvements, we can continue for many more decades. We are proud of our product, our employees, and our City for making us a successful business. Notes We have already had walk throughs and meetings with Pipe Pro for the water and gas, Advanced Electric for the Electrical, Advanced Technical Services (ATS) for the replacement Con-E-Co equipment, and MidAmerican Energy. ATS, Pipe Pro, and Advanced Electri c have all done the majority of the construction for Hawkeye Ready Mix’s new plant and Metro Ready Mix’s new plant in Coralville in the past few years. They are very familiar with the design and construction process. We have reviewed both of their plants and with the help of M2B Engineers, ours will take all the positive attributes from both plants to make ours very efficient and safe. Due to our timeline, we don’t have the structural drawings from M2B yet, but should have them soon. The drawings we have submitted with this application were created by ATS and were sent to M2B to prepare a full set of Plans and Specifications. With the pandemic, we would like to start some of the upgrades this year since it will take almost 12 months for the replacement plant equipment to be built. We want to keep our shutdown as brief as possible as not to disrupt our loyal customers. Address Parcel Number Class Owner 1854 S Riverside Dr (52246)1022251001 I Iowa City Ready Mix Inc 79 Imperial Ct (52246)1022251003 I Iowa City Ready Mix Inc 1700 S Riverside Dr (52246)1015351001 C City of Iowa City 1910 S Riverside Dr (52246)1022251002 C Bednarz Investments LLC 1936 S Riverside Dr (52246)1022251008 C Bednarz Investments LLC Mark D. Vernon Dana R. Vernon Daniel J. Lammers Kathryn M. Lammers 57 Imperial Ct (52246)1022251005 C George N. Kondora, Jr. 69 Imperial Ct (52246)1022251004 C George N. Kondora, Jr. 1960 S Riverside Dr (52246)1022252004 I Moore Business Forms Inc. 1801 S Riverside Dr. Ste A thru L (52246)1021126004 C City of Iowa City 101 Southgate Ave. (52240)1022228002 C Metro Pavers 2185 S Gilbert St (52240)1022279001 C Iowa City Community School District *River Bank on East Side of Iowa River 1022228003 C City of Iowa City *River Bank on East Side of Iowa River 1022276004 C City of Iowa City *Iowa River borders east side of property *Imperial Ct partially borders South side of property *S Riverside Dr borders west side of property *Old Highway 218 S is west of property Properties within 300 feet of our Property at 1854 S Riverside Dr 23 Imperial Ct (52246) 1022251007 C 35 Imperial Ct (52246) 1022251006 C Legal Description of Property Parcel Number: 1022251001 Deed Holder: Iowa City Ready Mix Inc Property Address: 1854 S Riverside Dr Iowa City Class: Industrial Map Area: 21500-COM Lot: 9 Legal Description: IMPERIAL COURT INDUSTRIAL PARK COM IN CENTER OF RD 7.22 CH E OF NW COR SWNW; S 2 ½ CH; E TO WBANK OF RIVER; NWLY ALONG RIVER TO PT 2.71CH E OF BEG; W TO BEG.EXCEPT HWY; & INCL. LOTS 9 & 10 IMPERIAL COURT INDUSTRIAL PARK. July 14, 2021 Board of Adjustment Meeting EXC21-0007 ITEM 3B ON THE AGENDA Staff Report Prepared by Staff 1 STAFF REPORT To: Board of Adjustment Item: EXC21-0007 Parcel Number: 1011178001 Prepared by: Joshua Engelbrecht, Planning Intern Kirk Lehmann, Associate Planner Date: July 14, 2021 GENERAL INFORMATION: Applicant: Shive-Hattery Architecture + Engineering 2839 Northgate Drive Iowa City, IA 52245 Contact Person: Natalie Oppedal Shive-Hattery Architecture + Engineering 2839 Northgate Drive Iowa City, IA 52245 (319) 354-3040 noppedal@shive-hattery.com Property Owner(s): Regina Catholic Education Center 2150 Rochester Avenue Iowa City, IA 52245 Requested Action: Approval of a special exception to enlarge a general educational facility use in a Low Density Single-Family Residential (RS-5) zone Purpose: To allow construction of an addition Location: 2150 Rochester Avenue Location Map: Size: 38.5 Acres 1,850 square foot addition 2 Existing Land Use and Zoning: Institutional (School); Low Density Single Family Residential (RS-5) Surrounding Land Use and Zoning North: Open Space; Neighborhood Public (P-1) East: Residential; Low Density Single-Family Residential (RS-5) & Low Density Multi- Family Residential (RM-12), some of which is in a Planned Development Overlay (OPD) South: Residential & Commercial; Low Density Single Family Residential (RS-5) & Neighborhood Commercial (CN-1) West: Residential & Open Space; Low Density Single Family Residential (RS-5) and Neighborhood Public (P-1) Applicable Code Sections: 14-4B-3A: General Approval Criteria 14-4B-4D-11: General Educational Facilities In RS- 5, RS-8, RS-12, And RNS-12 Zones File Date: June 8, 2021 BACKGROUND: The applicant, Shive-Hattery, is designing a small addition on behalf of Regina Catholic Education Center for their school at 2150 Rochester Avenue. The subject property consists of 38.5 acres of land located north of Rochester Avenue and west of N. 1st Avenue. Regina is considered a “general educational facility” use, which is permitted by special exception in the property’s Low Density Single-Family Residential (RS-5) zone. Regina has expanded several times over the years, which requires a special exception each time a modification (i.e. addition or new building) is larger than 500 square feet. The most recent expansion was in 2017 when the Board approved two special exceptions (EXC17-0002 & EXC17- 0003 recorded May 5, 2017 in Book 5644, Pages 950-952 and June 27, 2017 in Book 5668, Pages 820-823 in the Johnson County Recorder’s Office respectively) to allow for the construction of a new athletic facility, an 18,500 square foot addition to the school building, and the expansion of the parking areas to the north and south of the school. For the current special exception application (EXC21-0007), Regina is requesting approval to allow construction of 1,850 square feet of additions to the school building, one in an interior courtyard and the other on the south-central part of the building. The proposed additions will include the construction of two new restrooms, a pre-kindergarten classroom and an associated pre- kindergarten main office and reception area. This will group the pre-kindergarten program into a single area. Plans for the proposed additions are included in Attachment 4. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare; to conserve and protect the value of property throughout the city; and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the 3 requested special exception if the requested action is found to be in accordance with the specific criteria included in Section 14-4B-4D-11, pertaining to General Educational Facilities In RS-5, RS- 8, RS-12, And RNS-12 Zones, as well as the general approval criteria in Section 14-4B-3A. For the Board of Adjustment to grant this special exception request, all of the criteria below must be met. The burden of proof is on the applicant, and their comments regarding each criterion may be found on the attached application. Staff comments regarding each criterion are set below. Specific Standards: 14-4B-4D-11: General Educational Facilities In RS-5, RS-8, RS-12, And RNS-12 Zones: a. The following setbacks are required in lieu of the setbacks specified in the base zone. However, the board of adjustment may reduce these setbacks, subject to the approval criteria for setback adjustments as specified in subsection 14-2A-4B5, "Adjustments to Principal Building Setback Requirements", of this title. (1) Front: Twenty feet (20'). (2) Side: Twenty feet (20'). (3) Rear: Fifty feet (50'). FINDINGS: • The proposed additions will be on the central, south side of the building which complies with all enhanced setback requirements for general educational facilities. b. The proposed use will be designed to be compatible with adjacent uses. The board of adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The board of adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Additional requirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and location and design of buildings. FINDINGS: • This general educational facility use has been in place since 1958, and multiple additions have been approved by special exception over the years. • Buildings on the site total approximately 165,000 square feet, and the proposed additions total 1,850 square feet, which is small compared to the scale of the building. • The additions are not expected to increase occupancy due to the uses of the existing and proposed space. The site plan indicates that the existing building in the proposed renovation area has an occupancy of 303, while the proposed building additions and renovated areas will decrease the occupancy to 277. Occupancy will be calculated during the building permit review. • The proposed use will retain compatibility with adjacent uses. c. Given that large parking lots can seriously erode the single- family residential character of these zones, the board of adjustment will carefully review any requests for parking spaces beyond the minimum required. The board may limit the number of parking spaces and the size and location of parking lots, taking into account the 4 availability of on street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. FINDINGS: • Regina has two primary parking lots, one to the south along Rochester Avenue with approximately 130 spaces, and one to the north of the building with approximately 170 spaces. No new parking spaces are being proposed as part of this application. • The required minimum parking for the use is approximately 226 spaces, and the proposed additions are small. Regina will retain adequate parking to accommodate new space and will otherwise not modify onsite parking. d. The proposed use will not have significant adverse effects on the livability of nearby residential uses due to noise, glare from lights, late night operations, odors, and litter. FINDINGS: • The proposed additions are small compared to the overall scale of the building and are not expected to increase occupancy. • The proposed additions are approximately 450 feet from any neighboring residential uses and will not have significant adverse effects on the livability of those uses. e. The building official may grant approval for the following modifications to an educational facility, without approval from the board of adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located: (1) An accessory storage building less than five hundred (500) square feet in size. (2) A building addition of less than five hundred (500) square feet, provided the addition does not increase the occupancy load of the building. FINDINGS: • The proposed addition is 1,850 square feet. The building official cannot approve the additions and therefore a special exception is required. f. If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi-family site development standards as set forth in section 14-2B-6 of this title. FINDINGS: • Many multi-family site development standards do not apply to the proposed addition as an institutional use in a single-family zone, including standards related to parking design, building entrances, and balconies and exterior stairs. • The proposed addition will have to comply with certain standards related to aisles and drives, building scale in the Central District, building materials, mechanical equipment, and other standards in the Central Planning District. • Staff shall ensure compliance as part of the site plan review process. This may require minor changes to the site plan to address minimum required setbacks between the internal drive aisle and the proposed addition, or a minor modification. General Standards: 14-4B-3: Special Exception Review Requirements: 5 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. FINDINGS: • The proposed additions are specifically designed to improve the safety and general welfare of the pre-kindergarten program by providing a more secured entrance. • Staff will ensure additional applicable life and safety standards and regulations are met through the building permit process. • Part of the proposed project includes replacing a curb with an ADA accessible ramp, which will improve the overall accessibility of the building. 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. FINDINGS: • The proposed additions are small and are not expected to increase occupancy. • The proposed additions are approximately 450 feet away from the closest property and will have no negative impact on public view. • The proposed exception will not affect property in the immediate vicinity. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. FINDINGS: • The surrounding neighborhood is already fully developed with a mix of residential, commercial and open space uses. • The proposed additions are set back far enough from property lines to not affect the development or improvement of surrounding properties. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: • The subject property is already developed, and all utilities, access roads, drainage and necessary facilities are established for this neighborhood. • The project will include replacement of an existing sanitary sewer line and improvements to the stormwater management systems. • Staff will ensure all other applicable standards and regulations are met through the site plan review and building permitting processes. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • The site is accessed from a one-way inbound drive from Rochester Avenue and a two- way drive from North 1st Avenue. Internal drives provide access to the building and onsite parking. The site also contains a one-way outbound drive to Rochester Avenue. 6 • No changes are being proposed to the existing driveway, public sidewalk, or street. • Pedestrian access to the building will be slightly modified with the replacement of a curb with an ADA accessible ramp, which will improve overall accessibility. • The proposed additions will not affect onsite parking, and adequate measures are already being taken to minimize traffic congestion on public streets. 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. FINDINGS: • The proposed additions will not cause the property to exceed the maximum lot coverage of 45 percent and will not exceed the maximum height of 35 feet. • All setbacks requirements will be met by the proposed additions. • Staff will ensure all applicable standards and regulations are met through the site plan review and building permitting processes. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: • The Future Land Use Map of the Comprehensive Plan designates this area for Public / Semi-public, and the Future Land Use Map of the Central District Plan designates this area for Private Institutional. • The Comprehensive Plan’s vision of creating and sustaining healthy neighborhoods asserts the following: “Neighborhood schools, particularly elementary schools, are an integral part of healthy, sustainable neighborhoods. Schools serve not only as centers of education but as a focal point for community gathering and neighborhood identity.” • 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. STAFF RECOMMENDATION: Staff recommends approval of EXC21-0007, to allow an 1,850 square foot addition to a General Educational Facility use within a Low Density Single-Family Residential (RS-5) zone for the property located at 2150 Rochester Avenue. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Correspondence 4. Application Materials Approved by: _________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services July 14, 2021 Board of Adjustment Meeting EXC21-0007 ATTACHMENT 1 Location Map Prepared by Staff MONTROSE AVEN 1ST AVEROCHESTE R AVE ASHWOOD DRW I N D S O R C T CRESTWOODCIRNMOUNTVERNONDRWINDSORDRSTUA R T C TPRINCETONRD C E DARSTW INSTON D R ROCHESTER CT CONCORD CIRGEOR GETOWN CIRPOSTRDBOYDCTTUDOR DR B L U F FW OOD CIR PRINCETONCTN7TH A V E W OODRIDGE AV E STTHOMASCTR I T A L YNCTBLUFF W O O D L N EXC21-00072150 Rochester Ave.µ 0 0.1 0.20.05 Miles Prepared By: Joshua EngelbrechtDate Prepared: June 2021 An application submitted by Shive Hattery, Inc,on behalf of Regina Catholic Education Centerfor a special exception allowing for the addition and renovation of a Pre-K Classroom forapproximately 37.9 acres of property located at 2150 Rochester Avenue. July 14, 2021 Board of Adjustment Meeting EXC21-0007 ATTACHMENT 2 Zoning Map Prepared by Staff MONTROSE AVEN 1ST AVEROCHESTER AVE ASHWOOD DRW I N D S O R C T CRESTWOODCIRNMOUNTVERNONDRWI NDSORDRSTUA R T CTPRINCETONRD C E DARSTW INSTONDR ROCHESTER CT CONCORD CIRGEOR GETOWN CIR POSTRDBOYDCTTUDOR DR B L U F FW OOD CIR PRINCETONCTN7THA V E W OODRIDGE A V E STTHOMASCTR I T A L YNCTBLUFF W O O D L N CO1 RM12 P1 CN1 RM20 RS5 EXC21-00072150 Rochester Ave.µ 0 0.1 0.20.05 Miles Prepared By: Joshua EngelbrechtDate Prepared: June 2021 An application submitted by Shive Hattery, Inc,on behalf of Regina Catholic Education Centerfor a special exception allowing for the addition and renovation of a Pre-K Classroom forapproximately 37.9 acres of property located at 2150 Rochester Avenue. Overlay Zones Overlay Description Planned Development (OPD) July 14, 2021 Board of Adjustment Meeting EXC21-0007 ATTACHMENT 3 Correspondence Submitted by the Identified Party June 28, 2021 RE: Special Exception for 2150 Rochester Ave. Dear Property Owner: The Iowa City Board of Adjustment has received an application submitted by Shive- Hattery, on behalf of Regina Catholic Education Center, requesting a special exception to allow the construction of an 1,850 square foot addition to the school at 2150 Rochester Avenue (see attached map). As a neighboring property owner, you are being notified of this application. If you know of any interested party who has not received a copy of this letter, we would appreciate it if you would inform them of the pending application. The Board of Adjustment will review this application at either in-person meeting in Emma Harvat Hall, City Hall, 410 East Washington Street, Iowa City or an electronic public meeting via Zoom. Regardless of its location, the meeting time is tentatively scheduled for July 14, 2021 at 5:15 p.m. Because the meeting is subject to change, check the City of Iowa City’s website, www.icgov.org/BOA, the week of the meeting to confirm the meeting agenda and location. You are welcome to attend this public meeting to present your views concerning this application. You may also submit written information for consideration to me in advance of the meeting, and I will include your comments in the information to be considered by the Board. Please do not hesitate to contact me at kirk-lehmann@iowa-city.org or 319-356-5230 if you have any questions or comments about this application or if you would like more information on the Board of Adjustment review process. Sincerely, Kirk Lehmann, AICP Associate Planner City of Iowa City Department of Neighborhood and Development Services An electronic meeting, pursuant to Iowa Code section 21.8, may be held because a meeting in person is impossible or impractical due to concerns for the health and safety of Board members, staff and the public presented by COVID-19. Details on how to participate if it is an electronic meeting will be included in the agenda packet, which will be available at www.icgov.org/BOA the Monday before the meeting. Providing comment in person is not an option. What is the Board of Adjustment? The Board of Adjustment is panel made up of Iowa City citizens appointed by the City Council. The board reviews and grants special exceptions and variances and also considers appeals when there is a disagreement about an administrative zoning decision made by the City. Members of the board act like judges, making decisions about individual properties and uses that may have difficulty meeting a specific zoning regulation or to resolve disputes about administrative zoning decisions. The actions and decisions of the Board of Adjustment are binding upon all parties unless overturned upon appeal to District Court. What is a special exception? There are two types of special exceptions. 1. Within the zoning code a number of land uses are set apart as special exceptions that may be permitted in certain zones. Rather than permitting these uses outright, each is reviewed on a case-by-case basis to ensure that they do not negatively affect surrounding properties. For example, daycare centers are permitted in residential zones by special exception. The same is true of churches and private schools. All may be appropriate uses in residential zones, if certain criteria such as parking, screening, and other requirements are met. 2. Adjustments to specific zoning requirements in cases where there are unique circumstances. Again, the opportunity to adjust these requirements and the criteria for allowing such adjustments are described in the Zoning Code. For example, a homeowner may apply for a reduction in a building setback in order to accommodate an addition or other improvement to their property. The Zoning Code lists explicitly each use and standard for which a special exception may be considered. In other words, you can’t request a special exception for everything—only those things called out as special exceptions in the Code. The Code also provides criteria specific to each request. Applicants must provide evidence that they satisfy each of these criteria, and the Board must consider these criteria when making a determination as to whether to grant a special exception. What is a variance? A variance grants a legal right to an owner to develop property in a manner that deviates from a specific provision of the Zoning Code and for which a special exception is not expressly allowed. In seeking relief from the restrictions in the Zoning Code, the property owner applying for the variance must show that the strict application of the Zoning Code would cause and unnecessary hardship such that the property in question is unusable or that a literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the zoning district. In addition the circumstances that create this hardship must be unique to the property in question and must not be of the property owner’s own making. What is an appeal? The Board considers and rules on appeals from any citizen who believes there is an error in any decision, determination, or interpretation made by the City or its designee in the administration of the Zoning Code. As with their other decisions, the Board’s ruling is binding on all parties unless overturned on appeal to the District Court. How does the review process work? An application requesting a special exception, variance, or an appeal is a request. The Board makes a decision on whether to grant a specific request only after City staff have provided a review of an application and the public has had an opportunity to make its concerns known. The Board not only has the right to approve or deny requests, but may also choose to approve request subject to certain conditions. In making decisions, the Board may only consider comments and evidence relevant to the specific standards provided in the code. City Development Staff provide reports to the Board for each application on the agenda. The Staff Report provides background information on the application, informs the Board of all the criteria in the Code that a particular application must satisfy, and interprets whether and how an application has satisfied these criteria. How can I participate in the process? Because most applications will be reviewed and decided upon at a single public hearing, it is important for interested parties to respond in a timely and informed manner. Those who wish to speak for or against an application are given an opportunity to be heard by the Board at the hearing, but may also submit written comments prior to the meeting. Written comments must be delivered to the Department of Neighborhood & Development Services at City Hall no later than 5 days before the hearing in order to be included with the Staff Report. All correspondence submitted after that time will be delivered to the Board at the time of the hearing. The Board considers the application, the recommendation of staff (in the staff report) and any additional information, correspondence, or testimony provided at the hearing. Board of Adjustment hearings are usually held on the second Wednesday of each month at 5:15 p.m. in Emma J. Harvat Hall in City Hall. You can find more information at the following website: www.icgov.org/boa. The Staff Report can be very useful to anyone who is unfamiliar with the BOA process or with the Zoning Code and will provide an understanding of the criteria that the Board must consider in rendering its decision. Staff Reports may be obtained from the Department of Neighborhood & Development Services. E-mail kirk-lehmann@iowa- city.org to request a copy of a report. If you have questions about an application or if you simply want more information about issues related to the Board of Adjustment, please feel free to contact Kirk Lehmann at 319-356- 5230 or e-mail kirk-lehmann@iowa- city.org. To submit comments to the Board of Adjustment write to the Board of Adjustment c/o the Department of Neighborhood & Development Services, 410 E. Washington St., Iowa City IA 52240 or e-mail kirk-lehmann@iowa- city.org. Board of Adjustment: Frequently Asked Questions MONTROSE AVEN 1ST AVEROCHESTE R AVE ASHWOOD DRW I N D S O R C T CRESTWOODCIRNMOUNTVERNONDRWINDSORDRSTUA R T C TPRINCETONRD C E DARSTW INSTON D R ROCHESTER CT CONCORD CIRGEOR GETOWN CIRPOSTRDBOYDCTTUDOR DR B L U F FW OOD CIR PRINCETONCTN7TH A V E W OODRIDGE AV E STTHOMASCTR I T A L YNCTBLUFF W O O D L N EXC21-00072150 Rochester Ave.µ 0 0.1 0.20.05 Miles Prepared By: Joshua EngelbrechtDate Prepared: June 2021 An application submitted by Shive Hattery, Inc,on behalf of Regina Catholic Education Centerfor a special exception allowing for the addition and renovation of a Pre-K Classroom forapproximately 37.9 acres of property located at 2150 Rochester Avenue. © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 TomTom © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 TomTom © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 TomTom © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 TomTom © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 TomTom © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 TomTom © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 TomTom © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 TomTom PROPERTY LINEPROPERTY LINEBUILDING ADDITION123456789101112131415161718192021222324200.00'75.00'1114.49'359.32'203.67' 4 2 0 . 9 4 ' 1 9 4 . 0 4' 166.21' 607.50'179.08'208.02'253.69'230.95'530.06'1128.48'299.50'82.87'63.23'144.68'302.68'177.62'6543BADE1FCG2PRELIMINARY - NOT FOR CONSTRUCTION SEALHBADEFCGH654312Iowa | Illinois | Indiana 2839 Northgate Drive | Iowa City, Iowa 52245 319.354.3040 | www.shive-hattery.com DRAWN: APPROVED: ISSUED FOR: DATE: FIELD BOOK: PROJECT NO: CLIENT NO: Printed:C600SITE PLAN JMD JMD SD REVIEW 05/27/2021 120405-0 --- --- REGINA - PRE-K CLASSROOM AND ADMINISTRATIVE OFFICE RENOVATIONS / NEW ADDITION REGINA CATHOLIC EDUCATIONAL CENTER 2150 ROCHESTER AVENUE \\icfs\vol2\data\projects\icr\1204050\Deliverables\Drawings\1_Civil\C600 - SITE RESTORATION PLAN.dwg6/4/2021 11:04:48 AM SITE PLANN 1S T A V E N U EROCHE S T ER A V ENU ERITA LYN COURTN 1ST AVENUEWOODRIDGE AVENUEADDRESS: 1439 E BLOOMINGTON STREETDEEDHOLDER: CITY OF IOWA CITYPROPERTY CLASS: CADDRESS: 502 WOODRIDGE AVENUEDEEDHOLDER: ANN W ROMANOWSKI REVOCABLE LIVING TRUSTPROPERTY CLASS: RADDRESS: 444 WOODRIDGE AVENUEDEEDHOLDER: TAKACS, MICHAEL E AND ELIZABETH BPROPERTY CLASS: RADDRESS: 436 WOODRIDGE AVENUEDEEDHOLDER: HOOVER, DUSTIN H AND PATRICIA LPROPERTY CLASS: RADDRESS: 428 WOODRIDGE AVENUEDEEDHOLDER: WHITE, MATTHEW J AND KATHERINEPROPERTY CLASS: RADDRESS: 418 WOODRIDGE AVENUEDEEDHOLDER: HARTSON, JOHN N AND ANNE EPROPERTY CLASS: RADDRESS: 414 WOODRIDGE AVENUEDEEDHOLDER: CRULL, GEORGE B AND PATRICIAPROPERTY CLASS: RADDRESS: 410 WOODRIDGE AVENUEDEEDHOLDER: WAGNER, DAVID M AND MICHELE LPROPERTY CLASS: RADDRESS: 406 WOODRIDGE AVENUEDEEDHOLDER: LEPIC, NATHAN A AND TARA APROPERTY CLASS: RADDRESS: 402 WOODRIDGE AVENUEDEEDHOLDER: JOHNSON, JEFFREY A AND MARLA LPROPERTY CLASS: RADDRESS: 322 WOODRIDGE AVENUEDEEDHOLDER: SIMPSON, MELANIE L AND TIMOTHY JPROPERTY CLASS: RADDRESS: 318 WOODRIDGE AVENUEDEEDHOLDER: ANCIAUX, WILLIAM J AND JENTA RPROPERTY CLASS: RADDRESS: 314 WOODRIDGE AVENUEDEEDHOLDER: GRIFFIN TRUST (THE)PROPERTY CLASS: RADDRESS: 310 WOODRIDGE AVENUEDEEDHOLDER: CASTER, NICHOLAS A AND ERIN SPROPERTY CLASS: RADDRESS: 306 WOODRIDGE AVENUEDEEDHOLDER: WALLACE, JEFFREY APROPERTY CLASS: RADDRESS: 302 WOODRIDGE AVENUEDEEDHOLDER: FRAHM, JAMES M AND PATRICIA JPROPERTY CLASS: RADDRESS: 226 WOODRIDGE AVENUEDEEDHOLDER: ANDERSON, BENJAMIN E AND INGRID M GPROPERTY CLASS: RADDRESS: 222 WOODRIDGE AVENUEDEEDHOLDER: ROBERT L SNAKENBERG TRUST (THE)PROPERTY CLASS: RADDRESS: 2014 ROCHESTER AVENUEDEEDHOLDER: FELDER, JUDITH JPROPERTY CLASS: RADDRESS: 2018 ROCHESTER AVENUEDEEDHOLDER: SEYDEL, DALE AND MARGARET ANNPROPERTY CLASS: RADDRESS: 2208 ROCHESTER AVENUEDEEDHOLDER: SMITH, ISABELLEPROPERTY CLASS: RADDRESS: 473 N 1ST AVENUEPROPERTY CLASS: RUNIT 1: NILOFF, JOSHUA MUNIT 2: SWENSON, STEVEN CRAIGUNIT 3: KAUFFMAN, BRANDI LEEUNIT 4: ARN, AMANDA LUNIT 5: PATRICIA M BURKE REVOCABLE TRUST (THE)UNIT 6: KWONG, KWAN KAI AND TSZ YAUUNIT 7: MOSS, AUSTIN STEVENUNIT 8: ECKERMANN, KACIE JUNIT 9: NEUHAUS, ISABELLE ADENAUNIT 10: ELVERS, TODD AND RONALD DUNIT 11: BONZATO, JUSTINUNIT 12: ANITA GAY HARTWIG REVOCABLE LIVING TRUST: HARTWIG, KORY WPROPERTY OWNER LEGEND12345678910111213141516171819202122PROJECT LOCATION:2150 ROCHESTER AVENUE, IOWA CITY, IA 52245PROPERTY OWNERS:REGINA CATHOLIC EDUCATION CENTER2150 ROCHESTER AVENUE, IOWA CITY, IA 52245LEGAL DESCRIPTIONS:Deed Book and Page: 32-50Section-Township-Range: 11-79N-6WDescription: REGINA SUBDIVISION LOT 1Current Zoning: RS5Property Area: 37.9 AcresAPPLICANT:ATTN:REGINA CATHOLIC EDUCATION CENTER2150 ROCHESTER AVENUE, IOWA CITY, IA 52245APPLICANT'S ATTORNEY:SITE PLAN PREPARED BY:JUSTIN DELANEYSHIVE-HATTERY, INC.2839 NORTHGATE DR., IOWA CITY, IA, 52245(319) 354-3040SITE PLAN PREPARED: JUNE 4,202123ADDRESS: 557 N 1ST AVENUEDEEDHOLDER: BUDDENBAUM, JUDY LEAPROPERTY CLASS: RUNIT 531: IVANOVIC, MARINAUNIT 533: KLOCKSIEM, PAMELA SUNIT 535: HELENE L MOSSMAN REVOCABLE TRUSTUNIT 537: DOLTER, ELIZABETH LUNIT 539: THAYER, JON P AND SHARON KUNIT 541: ROSE, MICHAEL L AND LEHR, JODY AUNIT 543: ZAHRIEH, DAVID M AND KARLSSON, JESSICAUNIT 545: SMITH, CONNIE RUNIT 547: MARTIN-ESTUDILLO, LUISUNIT 549: CHRISTIANSEN, DANA E AND ELIZABETH AUNIT 551: SEAMAN, WALTER I AND CAMILLE AUNIT 553: UPPU, RAVITEJ AND BHATTACHERJEE, ADITIUNIT 555: WASSERMAN, EDWARD AUNIT 557: BUDDENBAUM, JUDY LEAADDRESS: 613 N 1ST AVENUE UNIT 208DEEDHOLDER: STONECASTLE REAL ESTATE LLCPROPERTY CLASS: R24BOA SUBMITTAL 6/7/2021 1 Kirk Lehmann From:William M. Smith <bill@shira.net> Sent:Friday, July 2, 2021 9:36 AM To:Kirk Lehmann Subject:Re: Special Exception for 2150 Rochester Ave. The site plan was useful. The neighborhood notice attachment did not   have any indication of what was changing. The text also did not contain   anything useful since there was no indication of where on the property   it was happening. It could have been on the boundary: which might have   also required significant landscape changes. The site plan indicates   that changes will be confined to within the area of the central structures.    Bill        On 7/2/2021 8:27 AM, Kirk Lehmann wrote:  > Hello Bill,  >   > Thanks for your interest in this project. A site plan was enclosed with   > the neighbor letter that shows the addition (attached), but it's small   > at only 1,850 sf. I'm also attaching a more detailed site plan for your   > convenience. As far as other changes, there will be some reconfiguration   > of sidewalks along the drop‐off loop, but they are mostly to provide   > access to a new entrance.  >   > A more detailed analysis will be available in the Board of Adjustment   > packet, which will be published by July 10 on the City's website at   > www.icgov.org/boa <http://www.icgov.org/boa>. You can also review the   > application and other attachments on the City's self‐service website at   > https://egov.iowa‐city.org/energovprod/selfservice#/plan/1d8866a2‐d49f‐4f87‐9ab7‐efd134e0875d   > <https://egov.iowa‐city.org/energovprod/selfservice#/plan/1d8866a2‐d49f‐4f87‐9ab7‐efd134e0875d>.  >   > Please let me know if you have any further questions, and feel free to   > send me any comments you may have regarding the proposed exception.  >   > Regards,  >   > Kirk Lehmann, AICP  > Associate Planner  > City of Iowa City  > 319‐356‐5247  >   > ‐‐‐‐‐Original Message‐‐‐‐‐  > From: William M. Smith <bill@shira.net>  2 > Sent: Thursday, July 1, 2021 7:02 PM  > To: Kirk Lehmann <Kirk‐Lehmann@iowa‐city.org>  > Subject: Special Exception for 2150 Rochester Ave.  >   > Your notice is missing some key information. It's impossible to   > visualize what's being built. The map outlines Regina's property: but   > doesn't indicate where the new building is being placed. Is it going in   > the forest and is it being clear cut? Is there new parking? Any new   > access restrictions? Is it replacing existing structures? Multi‐story? ...  >   > Bill  > This email is from an external source.  >   >   > *Disclaimer*  >   > The information contained in this communication from the sender is   > confidential. It is intended solely for use by the recipient and others   > authorized to receive it. If you are not the recipient, you are hereby   > notified that any disclosure, copying, distribution or taking action in   > relation of the contents of this information is strictly prohibited and   > may be unlawful.  >   July 14, 2021 Board of Adjustment Meeting EXC21-0007 ATTACHMENT 4 Special Exception Application Submitted by the Applicant Project Description: Asking the board to allow building additions at Regina that total larger than 500 square feet. These additions will benefit the Pre-Kindergarten program by providing a dedicated entrance and grouping the Pre-Kindergarten classrooms into a single area. © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 TomTom © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 TomTom © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 TomTom © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 TomTom © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 TomTom © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 TomTom © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 TomTom © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 TomTom PROPERTY LINEPROPERTY LINEBUILDING ADDITION123456789101112131415161718192021222324200.00'75.00'1114.49'359.32'203.67' 4 2 0 . 9 4 ' 1 9 4 . 0 4' 166.21' 607.50'179.08'208.02'253.69'230.95'530.06'1128.48'299.50'82.87'63.23'144.68'302.68'177.62'6543BADE1FCG2PRELIMINARY - NOT FOR CONSTRUCTION SEALHBADEFCGH654312Iowa | Illinois | Indiana 2839 Northgate Drive | Iowa City, Iowa 52245 319.354.3040 | www.shive-hattery.com DRAWN: APPROVED: ISSUED FOR: DATE: FIELD BOOK: PROJECT NO: CLIENT NO: Printed:C600SITE PLAN JMD JMD SD REVIEW 05/27/2021 120405-0 --- --- REGINA - PRE-K CLASSROOM AND ADMINISTRATIVE OFFICE RENOVATIONS / NEW ADDITION REGINA CATHOLIC EDUCATIONAL CENTER 2150 ROCHESTER AVENUE \\icfs\vol2\data\projects\icr\1204050\Deliverables\Drawings\1_Civil\C600 - SITE RESTORATION PLAN.dwg6/4/2021 11:04:48 AM SITE PLANN 1S T A V E N U EROCHE S T ER A V ENU ERITA LYN COURTN 1ST AVENUEWOODRIDGE AVENUEADDRESS: 1439 E BLOOMINGTON STREETDEEDHOLDER: CITY OF IOWA CITYPROPERTY CLASS: CADDRESS: 502 WOODRIDGE AVENUEDEEDHOLDER: ANN W ROMANOWSKI REVOCABLE LIVING TRUSTPROPERTY CLASS: RADDRESS: 444 WOODRIDGE AVENUEDEEDHOLDER: TAKACS, MICHAEL E AND ELIZABETH BPROPERTY CLASS: RADDRESS: 436 WOODRIDGE AVENUEDEEDHOLDER: HOOVER, DUSTIN H AND PATRICIA LPROPERTY CLASS: RADDRESS: 428 WOODRIDGE AVENUEDEEDHOLDER: WHITE, MATTHEW J AND KATHERINEPROPERTY CLASS: RADDRESS: 418 WOODRIDGE AVENUEDEEDHOLDER: HARTSON, JOHN N AND ANNE EPROPERTY CLASS: RADDRESS: 414 WOODRIDGE AVENUEDEEDHOLDER: CRULL, GEORGE B AND PATRICIAPROPERTY CLASS: RADDRESS: 410 WOODRIDGE AVENUEDEEDHOLDER: WAGNER, DAVID M AND MICHELE LPROPERTY CLASS: RADDRESS: 406 WOODRIDGE AVENUEDEEDHOLDER: LEPIC, NATHAN A AND TARA APROPERTY CLASS: RADDRESS: 402 WOODRIDGE AVENUEDEEDHOLDER: JOHNSON, JEFFREY A AND MARLA LPROPERTY CLASS: RADDRESS: 322 WOODRIDGE AVENUEDEEDHOLDER: SIMPSON, MELANIE L AND TIMOTHY JPROPERTY CLASS: RADDRESS: 318 WOODRIDGE AVENUEDEEDHOLDER: ANCIAUX, WILLIAM J AND JENTA RPROPERTY CLASS: RADDRESS: 314 WOODRIDGE AVENUEDEEDHOLDER: GRIFFIN TRUST (THE)PROPERTY CLASS: RADDRESS: 310 WOODRIDGE AVENUEDEEDHOLDER: CASTER, NICHOLAS A AND ERIN SPROPERTY CLASS: RADDRESS: 306 WOODRIDGE AVENUEDEEDHOLDER: WALLACE, JEFFREY APROPERTY CLASS: RADDRESS: 302 WOODRIDGE AVENUEDEEDHOLDER: FRAHM, JAMES M AND PATRICIA JPROPERTY CLASS: RADDRESS: 226 WOODRIDGE AVENUEDEEDHOLDER: ANDERSON, BENJAMIN E AND INGRID M GPROPERTY CLASS: RADDRESS: 222 WOODRIDGE AVENUEDEEDHOLDER: ROBERT L SNAKENBERG TRUST (THE)PROPERTY CLASS: RADDRESS: 2014 ROCHESTER AVENUEDEEDHOLDER: FELDER, JUDITH JPROPERTY CLASS: RADDRESS: 2018 ROCHESTER AVENUEDEEDHOLDER: SEYDEL, DALE AND MARGARET ANNPROPERTY CLASS: RADDRESS: 2208 ROCHESTER AVENUEDEEDHOLDER: SMITH, ISABELLEPROPERTY CLASS: RADDRESS: 473 N 1ST AVENUEPROPERTY CLASS: RUNIT 1: NILOFF, JOSHUA MUNIT 2: SWENSON, STEVEN CRAIGUNIT 3: KAUFFMAN, BRANDI LEEUNIT 4: ARN, AMANDA LUNIT 5: PATRICIA M BURKE REVOCABLE TRUST (THE)UNIT 6: KWONG, KWAN KAI AND TSZ YAUUNIT 7: MOSS, AUSTIN STEVENUNIT 8: ECKERMANN, KACIE JUNIT 9: NEUHAUS, ISABELLE ADENAUNIT 10: ELVERS, TODD AND RONALD DUNIT 11: BONZATO, JUSTINUNIT 12: ANITA GAY HARTWIG REVOCABLE LIVING TRUST: HARTWIG, KORY WPROPERTY OWNER LEGEND12345678910111213141516171819202122PROJECT LOCATION:2150 ROCHESTER AVENUE, IOWA CITY, IA 52245PROPERTY OWNERS:REGINA CATHOLIC EDUCATION CENTER2150 ROCHESTER AVENUE, IOWA CITY, IA 52245LEGAL DESCRIPTIONS:Deed Book and Page: 32-50Section-Township-Range: 11-79N-6WDescription: REGINA SUBDIVISION LOT 1Current Zoning: RS5Property Area: 37.9 AcresAPPLICANT:ATTN:REGINA CATHOLIC EDUCATION CENTER2150 ROCHESTER AVENUE, IOWA CITY, IA 52245APPLICANT'S ATTORNEY:SITE PLAN PREPARED BY:JUSTIN DELANEYSHIVE-HATTERY, INC.2839 NORTHGATE DR., IOWA CITY, IA, 52245(319) 354-3040SITE PLAN PREPARED: JUNE 4,202123ADDRESS: 557 N 1ST AVENUEDEEDHOLDER: BUDDENBAUM, JUDY LEAPROPERTY CLASS: RUNIT 531: IVANOVIC, MARINAUNIT 533: KLOCKSIEM, PAMELA SUNIT 535: HELENE L MOSSMAN REVOCABLE TRUSTUNIT 537: DOLTER, ELIZABETH LUNIT 539: THAYER, JON P AND SHARON KUNIT 541: ROSE, MICHAEL L AND LEHR, JODY AUNIT 543: ZAHRIEH, DAVID M AND KARLSSON, JESSICAUNIT 545: SMITH, CONNIE RUNIT 547: MARTIN-ESTUDILLO, LUISUNIT 549: CHRISTIANSEN, DANA E AND ELIZABETH AUNIT 551: SEAMAN, WALTER I AND CAMILLE AUNIT 553: UPPU, RAVITEJ AND BHATTACHERJEE, ADITIUNIT 555: WASSERMAN, EDWARD AUNIT 557: BUDDENBAUM, JUDY LEAADDRESS: 613 N 1ST AVENUE UNIT 208DEEDHOLDER: STONECASTLE REAL ESTATE LLCPROPERTY CLASS: R24BOA SUBMITTAL 6/7/2021 4" STORM6" STORM6" STORM8" STORM 12" STORM6" SAN 4" STORM STORM INTAKE770.37 RIM764.12 IE 12" DIP (NW)762.82 IE 12" VCP (NE)762.22 IE 12" VCP (SW)SANITARY MH770.42 RIM762.22 IE 8" VCP (NW)761.62 IE 8" VCP (NE)761.27 IE 8" VCP (SW)REGINA CATHOLICEDUCATION CENTERFF ELEV.= 770.54FF ELEV.= 770.57STORM INTAKE769.06 RIM765.64 IE 6" CLAY (S)FLOW LINE OF SANITARY=765.57 (PERORIGINAL DESIGN PLANS)PCCPCCBENCHBENCHBENCH BENCHGRASSPCCPCCPCCLANDSCAPEROCKPCCGRASSRAMP5.8'5.8'6.0'5.0'5.0'5.0'5.0'5.0'4.0'4. 3 ' 5. 7 ' 5. 7 ' 5. 0 ' 5. 0 ' 5. 0 ' 5. 0 ' 12 . 6 ' 8. 7 '5.0'5. 7 ' 5. 3 '6.0'92.6'21.9'26.9'10.0'40.2'20.4'10 . 0 'BUILDING ADDITION7.4'4. 3 ' 3 5 . 0 'BUILDING ADDITION12.2'20 . 7 'PCCPCCPCCPCCPCCGRASSGRASSLANDSCAPE ROCKPCCCOURTYARD5 . 6 'ADA CURB RAMP WITHDETECTABLE WARNINGSDOWEL INTO EXISTINGPCC SIDEWALK, TYP.DOWEL INTO EXISTINGPCC SIDEWALK, TYP.INSTALL PCC STOOPINSTALL PCC STOOPINSTALL PCC STOOPREINSTALL SALVAGEDLANDSCAPE ROCK WITHWEED BARRIER FABRIC.INSTALL 6" OF TOPSOILAND SOD, TYP.INSTALL 6" OF TOPSOILAND SOD, TYP.REMOVE EXISTING SANITARYSERVICE AND REPLACE WITHDUCTILE IRON PIPE.NEW SANITARY MANHOLEOVER EXISTING PIPE.NEW STORM MANHOLEOVER EXISTING PIPE.NEW 8" STORM SEWERNEW STORM INTAKENEW STORM SEWER CLEANOUTNEW STORM SEWER CLEANOUTNEW STORM SEWER CLEANOUTCONNECT TO EXISTINGSTORM SEWERREPLACE ROOF DRAIN PIPINGNEW ROOF DRAINCONNECTIONNEW STORM SEWERCLEANOUTNEW STORM INTAKEINSTALL PCC CURB ANDGUTTER SECTIONINSTALL 6" OF TOPSOILAND SOD, TYP.CONNECT TO EXISTINGSTORM SEWERR=8.0'R=4.0'R=5.0'R=14.4'R=85.1'R=4.0'R=8.0'R=85.1'LEGENDBUILDING ADDITIONPCC STOOP, SEE STRUCTURAL5" PCC SIDEWALK6" TOPSOIL AND SOD6543BADE1FCG2PRELIMINARY - NOT FOR CONSTRUCTION SEALHBADEFCGH654312Iowa | Illinois | Indiana 2839 Northgate Drive | Iowa City, Iowa 52245 319.354.3040 | www.shive-hattery.com DRAWN: APPROVED: ISSUED FOR: DATE: FIELD BOOK: PROJECT NO: CLIENT NO: Printed:C601SITE RESTORATION PLAN JMD JMD SD REVIEW 05/27/2021 120405-0 --- --- REGINA - PRE-K CLASSROOM AND ADMINISTRATIVE OFFICE RENOVATIONS / NEW ADDITION REGINA CATHOLIC EDUCATIONAL CENTER 2150 ROCHESTER AVENUE \\icfs\vol2\data\projects\icr\1204050\Deliverables\Drawings\1_Civil\C600 - SITE RESTORATION PLAN.dwg6/4/2021 10:52:44 AM SITE RESTORATION PLAN1.PROVIDE TRAFFIC AND PEDESTRIAN CONTROL MEASURES (SIGNS, BARRICADES,FLAGGERS, ETC.) IN COMPLIANCE WITH PART VI OF THE MANUAL ON UNIFORM TRAFFICCONTROL DEVICES (MUTCD) LATEST EDITION AND THE CITY OF IOWA CITY STANDARDS.2.MAINTAIN POSITIVE DRAINAGE ON THE SITE THROUGHOUT THE PROJECT DURATION.GENERAL NOTES1.THE SITE RESTORATION SHALL BE PERFORMED IN ACCORDANCE WITH CITY OF IOWA CITYSPECIFICATIONS AND IN A WORKMANLIKE MANNER. SURFACE RESTORATION IS TO BECOMPLETED AS SOON AS POSSIBLE AFTER WORK WITHIN AREA IS COMPLETE.2.ALL AREA OUTSIDE OF WORK LIMITS THAT ARE DAMAGED SHALL BE RESTORED TO MATCHEXISTING. FOR EXAMPLE ASPHALT WILL BE REPLACED WITH ASPHALT, CONCRETE WITHCONCRETE, ETC.3.ALL DISTURBED AREA WITHOUT ANOTHER FORM OF TREATMENT SHALL RECEIVE TOPSOILAND SOD. ALL AREAS WITH SLOPE 10% OR GREATER SHALL RECEIVE EROSION MATTING.4.KEEP ADJACENT STREETS CLEAN OF SOILS AND DEBRIS GENERATED BY PROJECT. CLEANSOIL AND DEBRIS FROM ADJACENT STREETS ON DAILY BASIS.5.ALL NEW PAVEMENT SHALL BE EPOXY DOWELED INTO EXISTING ADJACENT PAVEMENT.SITE RESTORATION NOTESBOA SUBMITTAL 6/7/2021 DNWDREFDW60.4"72"30282.2"180"41150.6"72"253102.2" 108" 511 71.2" 72" 356 8" 72" 40 14.2" 72" 71 60"72"30060"144"300CODE PLAN GENERAL NOTES 1. FIRE WALLS, FIRE BARRIERS, FIRE PARTITIONS, SMOKE BARRIERS AND SMOKE PARTITIONS SHALL BE EFFECTIVELY AND PERMANENTLY IDENTIFIED WITH SIGNS OR STENCILING IN THE CONCEALED SPACE. SUCH IDENTIFICATION SHALL BE LOCATED WITHIN 15’OF THE END OF EACH WALL AND AT INTERVALS NOT EXCEEDING 30’MEASURED HORIZONTALLY ALONG THE WALL OR PARTITION AND INCLUDE LETTERING NOT LESS THAN 3”TALL AND A MINIMUM 3/8-INCH STROKE IN A CONTRASTING COLOR STATING: “FIRE AND/OR SMOKE BARRIER -PROTECT ALL OPENINGS". 2. ALWAYS PRINT THIS SHEET IN COLOR CODE PLAN SYMBOLS LEGEND FIRE EXTINGUISHER CABINETFECFECFEC EXIT SIGN DIRECTIONAL ARROWS ILLUMINATED SURFACE (BLACK QUARTERS) 0" 0" 0 OCCUPANT LOAD AT DOOR EXIT WIDTH PROVIDED EXIT WIDTH REQUIRED BASED ON OCCUPANT LOAD COURTYARD CITY OF IOWA CITY 2010 AMERICANS WITH DISABILITIES ACT AS ADOPTED BY IOWA ADMINISTRATIVE RULE 661-302 2018 INTERNATIONAL BUILDING CODE, AS AMENDED 2018 INTERNATIONAL FIRE CODE 2017 NATIONAL ELECTRIC CODE, AS AMENDED (STATE OF IOWA ELECTRICAL CODE) 2018 INTERNATIONAL MECHANICAL CODE (STATE OF IOWA MECHANICAL CODE) 2018 UNIFORM PLUMBING CODE, AS AMENDED 2012 INTERNATIONAL ENERGY CONSERVATION CODE (STATE OF IOWA ENERGY CODE) 2010 ADA STANDARDS OCCUPANCY GROUP E CONSTRUCTION TYPE IIB FULLY SPRINKLERED BUILDING AREA AND HEIGHT: ALLOWABLE BUILDING HEIGHT:75 FT (TABLE 504.3) BUILDING AREA ADDITION ACTUAL:11 FT ALLOWABLE BUILDING STORIES:3 STORIES (TABLE 504.4) BUILDING AREA ADDITION ACTUAL:1 STORY ALLOWABLE BUILDING AREA (PER STORY): BUILDING AREA ALLOWABLE AREA: 58,000 SF + (14,500 x .35) = 63,075 SF (TABLE 506.2 WITH FRONTAGE INCREASE PER 506.3) 72,743 SF EXISTING BUILDING AREA BUILDING AREA ACTUAL : 1,850 SF BUILDING ADDITION AREA 74,593 SF TOTAL ACTUAL AREA **ADDITIONAL BUILDING AREA DOES NOT ADD OCCUPANTS TO BUILDING.** EXISTING BUILDING IN PROPOSED RENOVATION AREA: 303 OCCUPANTS PROPOSED BUILDING ADDITIONS AND RENOVATED AREAS: 277 OCCUPANTS FIRE RESISTANCE REQUIREMENTS FOR BUILDING ELEMENTS: (TABLE 601)(HOURS) GENERAL REQUIREMENTS PRIMARY STRUCTURAL FRAME:0 EXTERIOR BEARING WALLS:0 INTERIOR BEARING WALLS:0 INTERIOR NONBEARING WALLS:0 FLOOR CONSTRUCTION/SECONDARY MEMBERS:0 ROOF CONSTRUCTION/SECONDARY MEMBERS:0 (TABLE 602) EXTERIOR NONBEARING WALLS AND PARTITIONS FIRE SEPARATION DISTANCE < 30:1 FIRE SEPARATION DISTANCE > 30:0 FIRE PROTECTION SYSTEMS: MAXIMUM TRAVEL DISTANCE TO PORTABLE FIRE EXTINGUISHERS:75 FT FIRE ALARM AND DETECTION SYSTEM REQUIRED FOR E OCCUPANCIES (907.2.3) SEE ELECTRICAL DRAWINGS MEANS OF EGRESS OCCUPANT LOAD (TABLE 1004.1.2 AND SEE PLANS) STORAGE/MECH/EQUIP ROOMS:300 GROSS CLASSROOMS:20 NET OFFICES:100 GROSS EGRESS WIDTH (1005 AND SEE PLANS) OTHER COMPONENTS:TOTAL OCCUPANTS x 0.15 INCHES (1005.3.2 EXCEPTION 1) NUMBER OF EXITS (1006) 1-500 OCCUPANTS:2 EXITS REQUIRED 501-1000 OCCUPANTS:3 EXITS REQUIRED > 1000 OCCUPANTS:4 EXITS REQUIRED SINGLE EXIT (TABLE 1006.3.2.(2):49 OCCUPANTS MAXIMUM 75 FT MAXIMUM COMMON PATH OF EGRESS TRAVEL DISTANCE EXIT CONFIGURATION (1007) DISTANCE BETWEEN REQUIRED EXITS: 1/3 MAX OVERALL DIAGONAL DIMENSION (1007.1.1 EXCEPTION 2) ACCESSIBLE MEANS OF EGRESS (1009) TWO ACCESSIBLE MEANS OF EGRESS REQUIRED (1009.1) DOORS (1010) PANIC /FIRE EXIT HARDWARE ONLY ALLOWED SERVING ROOMS WITH 50 OCCUPANTS OR MORE (1010.1.10) DOORS MAY BE ELECTROMAGNETICALLY LOCKED PER 1010.1.9.9 EXIT ACCESS TRAVEL DISTANCE (TABLE 1017.2):250 FEET WITH SPRINKLER SYSTEM CORRIDORS (1020) CORRIDOR FIRE RESISTANCE RATING:0 HOUR RATING PER TABLE 1020.1 MINIMUM WIDTH (TABLE 1020.2): < 50 OCCUPANTS:36 INCHES 50-99 OCCUPANTS:44 INCHES > 99 OCCUPANTS:72 INCHES DEAD END LENGTH (1020.4 EXCEPTION 2):50 FEET MAXIMUM APPLICABLE CODES BUILDING ADDITION ANALYSIS KEYPLAN ORIGINAL BUILDING BUILDING ADDITION 1986 BUILDING ADDITION PROPOSED BUILDING ADDITIONS AND RENOVATION 1993 BUILDING ADDITIONS 2004 BUILDING ADDITIONS 2017 BUILDING ADDITION 6 5 4 3 BA D E 1 FC G 2 PRELIMINARY-NOT FOR CONSTRUCTIONDRAWN:APPROVED:ISSUED FOR:DATE:FIELD BOOK:PROJECT #:H 6 5 4 3 1 2 BA D E FC G H Autodesk Revit 2021 2839 Northgate Drive | Iowa City, IA 52245319.354.3040 | www.shive-hattery.comIowa | Illinois | Indiana | Nebraska | Wisconsin 6/7/2021 11:36:39 AMBIM 360://1204050 Regina Pre-K/1204050-A-Cent.rvtRegina Pre-K Classroom Addition and RenovationRegina Catholic Education Center2150 Rochester Avenue Iowa City, IA 52245G011CODE PLAN ANDCODE REVIEWSUMMARYBOA SUBMITTAL1204050NAONAO6/7/20210 TRUE NORTH NORTH PLAN 1/32" = 1'-0"B6 FIRST FLOOR CODE PLAN 48' Specific Criteria (14-4B-4D-11): General Educational Facilities In RS-5, RS-8, RS-12, And RNS-12 Zones a) This project addition does not adjust the existing principal building setback on this property. b) The proposed additions will be educational use and include the following spaces: a. Girls’ Restroom b. Pre-Kindergarten Classroom and Restroom c. Main Pre-Kindergarten Main Office which includes: i. An Office ii. Reception iii. Wellness Room iv. Work room Landscaping and paving are labeled and can be seen on sheet C601 included in this application. Building occupants and traffic are decreased due to the renovation portion of this building addition project. This is noted in the code review summary and in the exiting arrows on sheet G011included with this application. The scale and character of the building addition can be seen in the exterior rendered image included with this application, the building addition can be seen to the right of the existing chapel. Roof mechanical units will be screened. c) Parking is not impacted with the building additions. d) Proposed use matches the existing building. The building additions will include code required exterior lighting at the new Pre-Kindergarten entrances and exits. e) Building additions total 1,850 square feet. They do not increas e the occupancy of the building. There are 303 occupants in the renovated area of the existing building. There are 277 in the proposed additions and renovation. These numbers can also bee seen in the code review summary on sheet G011 included with our application. f) The proposed use is not multi-family. General Criteria (14-4B-3A): 1. This project addition is not detrimental to or endanger the public health, safety, comfort, or general welfare. The building additions increase safety and security of the Pre -Kindergarten program by providing a more secured entrance for the program. A code review summary and impacted exiting can be found on sheet G011 that is included with the a pplication. 2. These building additions will not negatively impact adjacent properties or property values. Most of the building additions are concealed from view of adjacent properties. The portions visible increase signage and safety for pick-up and drop-off of Pre-Kindergarten students. 3. The proposed project and additions will not impede the normal and orderly development and improvement of the surrounding property. Most of the building additions are concealed from view of adjacent properties. 4. Minimal modifications will be made to the utilities, access roads, and drainage. Additional storm intake and utility and paving impacts can be seen on sheet C601 that is included in this application. 5. Building vehicular traffic is not modified in this project. 6. The proposed project conforms to the applicable regulations or standards of zone R5 in which it is located. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. Civil Plan ID PROPERTY ADDRESS PROPERTY CLASS PARCEL NUMBER UNIT DEED HOLDER (MAILING NAMES)MAILING ADDRESS 1 1439 E BLOOMINGTON ST C 1011201002 CITY OF IOWA CITY IOWA CITY - 52245 2 502 WOODRIDGE AVE R 1011126004 ANN W ROMANOWSKI REVOCABLE LIVING TRUST IOWA CITY - 52245 3 444 WOODRIDGE AVE R 1011126003 TAKACS, MICHAEL E; TAKACS, ELIZABETH B IOWA CITY - 52245 4 436 WOODRIDGE AVE R 1011126002 HOOVER, DUSTIN H; HOOVER, PATRICIA L IOWA CITY - 52245 5 428 WOODRIDGE AVE R 1011126001 WHITE, MATTHEW J; WHITE, KATHERINE IOWA CITY - 52245 6 418 WOODRIDGE AVE R 1011151001 HARTSON, JOHN N; HARTSON, ANNE E IOWA CITY - 52245 7 414 WOODRIDGE AVE R 1011151002 CRULL, GEORGE B; CRULL, PATRICIA IOWA CITY - 52245 8 410 WOODRIDGE AVE R 1011151003 WAGNER, DAVID M; WAGNER, MICHELE L IOWA CITY - 52245 9 406 WOODRIDGE AVE R 1011151004 LEPIC, NATHAN A; LEPIC, TARA A IOWA CITY - 52245 10 402 WOODRIDGE AVE R 1011151005 JOHNSON, JEFFREY A; JOHNSON, MARLA L IOWA CITY - 52245 11 322 WOODRIDGE AVE R 1011151006 SIMPSON, MELANIE L; SIMPSON, TIMOTHY J IOWA CITY - 52245 12 318 WOODRIDGE AVE R 1011151008 ANCIAUX, WILLIAM J; ANCIAUX, JENTA R IOWA CITY - 52245 13 314 WOODRIDGE AVE R 1011151009 GRIFFIN TRUST (THE) IOWA CITY - 52245 14 310 WOODRIDGE AVE R 1011151010 CASTER, NICHOLAS A; CASTER, ERIN S IOWA CITY - 52245 15 306 WOODRIDGE AVE R 1011151011 WALLACE, JEFFREY A IOWA CITY - 52245 16 302 WOODRIDGE AVE R 1011151012 FRAHM, JAMES M; FRAHM, PATRICIA J IOWA CITY - 52245 17 226 WOODRIDGE AVE R 1011151013 ANDERSON, BENJAMIN E; ANDERSON, INGRID M G IOWA CITY - 52245 18 222 WOODRIDGE AVE R 1011151014 ROBERT L SNAKENBERG TRUST (THE) IOWA CITY - 52245 19 2014 ROCHESTER AVE R 1011173001 FELDER, JUDITH J IOWA CITY - 52245 20 2018 ROCHESTER AVE R 1011179001 SEYDEL, DALE; SEYDEL, MARGARET ANN IOWA CITY - 52245 21 2208 ROCHESTER AVE R 1011177004 SMITH, ISABELLE IOWA CITY - 52245 22 HICKORY HILL OVERLOOK CONDOMINIUMS R 1011187012 473 N 1ST AVE 12 ANITA GAY HARTWIG REVOCABLE LIVING TRUST; HARTWIG, KORY W IOWA CITY - 52245 1 NILOFF, JOSHUA M 2 SWENSON, STEVEN CRAIG 3 KAUFFMAN, BRANDI LEE 4 ARN, AMANDA L 5 PATRICIA M BURKE REVOCABLE TRUST (THE) 6 KWONG, KWAN KAI; KWAN, TSZ YAU 7 MOSS, AUSTIN STEVEN 8 ECKERMANN, KACIE J 9 NEUHAUS, ISABELLE ADENA 10 ELVERS, TODD; ELVERS, RONALD D 11 BONZATO, JUSTIN 23 PARK PLAZA CONDOMINIUMS R 1011103014 557 N 1ST AVE 557 BUDDENBAUM, JUDY LEA IOWA CITY - 52245 531 IVANOVIC, MARINA 533 KLOCKSIEM, PAMELA S 535 HELENE L MOSSMAN REVOCABLE TRUST 537 DOLTER, ELIZABETH L 539 THAYER, JON P; THAYER, SHARON K 541 ROSE, MICHAEL L; LEHR, JODY A 543 ZAHRIEH, DAVID M; KARLSSON, JESSICA 545 SMITH, CONNIE R 547 MARTIN-ESTUDILLO, LUIS 549 CHRISTIANSEN, DANA E; CHRISTIANSEN, ELIZABETH A 551 SEAMAN, WALTER I; SEAMAN, CAMILLE A 553 UPPU, RAVITEJ; BHATTACHERJEE, ADITI 555 WASSERMAN, EDWARD A 24 THE PIEDMONTE CONDOMINIUMS R 1011104016 613 N 1ST AVE 208 STONECASTLE REAL ESTATE LLC IOWA CITY - 52245 101 STONECASTLE REAL ESTATE LLC 102 STONECASTLE REAL ESTATE LLC 103 STONECASTLE REAL ESTATE LLC 104 STONECASTLE REAL ESTATE LLC 105 STONECASTLE REAL ESTATE LLC 106 STONECASTLE REAL ESTATE LLC 107 STONECASTLE REAL ESTATE LLC 108 STONECASTLE REAL ESTATE LLC 201 STONECASTLE REAL ESTATE LLC 202 STONECASTLE REAL ESTATE LLC 203 STONECASTLE REAL ESTATE LLC 204 STONECASTLE REAL ESTATE LLC 205 STONECASTLE REAL ESTATE LLC 206 STONECASTLE REAL ESTATE LLC 207 STONECASTLE REAL ESTATE LLC 510 WOODRIDGE AVE R 1011126005 HILGENBERG, JOEL C; HILGENBERG, JEAN L IOWA CITY - 52245 518 WOODRIDGE AVE R 1011126006 CLEMONS, VIRGINIA L IOWA CITY - 52245 515 WOODRIDGE AVE R 1011128002 SMITH, WILLIAM M; ELLIOT, JULIE ANNE IOWA CITY - 52245 431 WOODRIDGE AVE R 1011128001 OHARA, MICHAEL W; ENGELDINGER, JANE IOWA CITY - 52245 419 WOODRIDGE AVE R 1011152001 OLIVIER, KATHERINE L NYDAM; OLIVIER, KRISTINE E CLARK IOWA CITY - 52245 415 WOODRIDGE AVE R 1011152002 HAMEL, NANCY IOWA CITY - 52245 411 WOODRIDGE AVE R 1011152003 NEIMAN, RICHARD F; NEIMAN, JUDITH S IOWA CITY - 52245 1910 WINSTON DR R 1011152004 DEARDORFF, DAVID J; BEYDLER, KATHERINE D IOWA CITY - 52245 1909 WINSTON DR R 1011159001 MAYNARD, JIM L; MAYNARD, MARY LOU IOWA CITY - 52245 313 WOODRIDGE AVE R 1011159002 TORNBLOM, CATHERINE S IOWA CITY - 52245 309 WOODRIDGE AVE R 1011159003 LARSEN, SONYA C IOWA CITY - 52245 305 WOODRIDGE AVE R 1011159004 BOECKENSTEDT, MARTIN D; BOECKENSTEDT, PAMELA E IOWA CITY - 52245 301 WOODRIDGE AVE R 1011159005 SHIRES, THOMAS K IOWA CITY - 52245 217 WOODRIDGE AVE R 1011159006 WILLHOIT, ANDREW J; BROWN, EMILY M IOWA CITY - 52245 213 WOODRIDGE AVE R 1011159007 BURGER, SUE ELLEN IOWA CITY - 52245 218 WOODRIDGE AVE R 1011151015 TRUMM, JILL IOWA CITY - 52245 214 WOODRIDGE AVE R 1011151016 ARCHIBALD, MARK; ARCHIBALD, GWENDOLYN IOWA CITY - 52245 2008 ROCHESTER AVE R 1011173002 POTRA, VALENTIN IOWA CITY - 52245 2002 ROCHESTER AVE R 1011173003 CAMPBELL, JOHN D; CAMPBELL, EMILY M IOWA CITY - 52245 1920 ROCHESTER AVE R 1011173004 JAEGER, STEVEN J; JAEGER, TINA M IOWA CITY - 52245 1918 ROCHESTER CT R 1011427001 ADAMS, DARCELL N; ADAMS, MARCIA L IOWA CITY - 52245 1912 ROCHESTER CT R 1011427002 BRANDT, TIMOTHY JOHN; BRANDT, CAROLYN M IOWA CITY - 52245 1917 ROCHESTER CT R 1011429001 JARRETT, ALISSA M IOWA CITY - 52245 1924 RIDGEWAY DR R 1011432001 PATIENCE, WAYNE M; PATIENCE, KATHRYN MCGILL IOWA CITY - 52245 2005 ROCHESTER CT R 1011430001 BOTTORFF, DOUGLAS J; BOTTORFF, MARGARET A IOWA CITY - 52245 2011 ROCHESTER CT R 1011403008 CURTIS M STEYERS JR REVOCABLE TRUST; NANCY P STEYERS REVOCABLE TRUST IOWA CITY - 52245 130 ASHWOOD DR R 1011426001 ETLER, CHRISTINE PIONTKOFSKY; ETLER, DAVID THOMAS IOWA CITY - 52245 2003 ROCHESTER AVE R 1011404002 WEBB, CONNIE SUE; BRIGHI, SHELLEY ANN IOWA CITY - 52245 2005 ROCHESTER AVE R 1011404001 MEYERS, ROGER L IOWA CITY - 52245 2011 ROCHESTER AVE R 1011403004 ROLNICK, PETER O; ABRAHAMS, SUSAN HARRIET IOWA CITY - 52245 2017 ROCHESTER AVE R 1011180002 PARKER, NICHOLAS A; SMITH, MARY MADONNA IOWA CITY - 52245 2023 ROCHESTER AVE R 1011180001 GOEDKEN, THOMAS M IOWA CITY - 52245 2103 ROCHESTER AVE R 1011181001 SUEPPEL, PAUL CHRISTOPHER; ANGERER, JENIFER ELLEN IOWA CITY - 52245 2004 ROCHESTER CT R 1011426002 PARENT, PHILIPPE P IOWA CITY - 52245 2010 ROCHESTER CT R 1011403007 NOBLE, SHAWN C; NOBLE, LAURA J IOWA CITY - 52245 2016 ROCHESTER CT R 1011403006 JURY, ROBERT D, JURY, YVETTE R IOWA CITY - 52245 2022 ROCHESTER CT R 1011403005 UPHOFF, DANIEL F IOWA CITY - 52245 2028 ROCHESTER CT R 1011403003 HACKERT, LINCOLN; ERNST, AMANDA IOWA CITY - 52245 2034 ROCHESTER CT R 1011403002 WHITE, J PATRICK; WHITE, BETTY A IOWA CITY - 52245 2040 ROCHESTER CT R 1011403001 O'BERRY, KELLY LASKOWSKA; LASKOWSKA, KATARZYNA O'BERRY IOWA CITY - 52245 9 RITA LYN CT R 1011182001 WITTENKELLER, SCOTT JAY; FELDMANN, SARA ANN IOWA CITY - 52245 23 RITA LYN CT 1011182002 LINDA A MCDONALD FAMILY TRUST IOWA CITY - 52245 R 31 RITA LYN CT R 1011182003 CASEY, MAURA EILEEN MARIE IOWA CITY - 52245 39 RITA LYN CT R 1011182004 CRANE, JOHN T; CRANE, SARA S IOWA CITY - 52245 2 RITA LYN CT R 1011183001 RIBBLE, JASON; RIBBLE, MICHELLE IOWA CITY - 52245 10 RITA LYN CT R 1011183002 MILLER, DWIGHT M; MILLER, PAULINE K IOWA CITY - 52245 18 RITA LYN CT R 1011183003 CALDWELL, KENNETH W II; CALDWELL, JAN M IOWA CITY - 52245 26 RITA LYN CT R 1011183004 BRADLEY J HINDMAN REVOCABLE TRUST; JOANN K HINDMAN REVOCABLE TRUST IOWA CITY - 52245 2109 ROCHESTER AVE C 1011184002 YOWELL INVESTMENT PROPERTIES LLC IOWA CITY - 52245 269 N 1ST AVE C 1011184001 IOWA CITY MEDICAL, LLC; GUARANTY ICM, LLC; PARKSIDE PROPERTIES, LLC IOWA CITY - 52245 2221 ROCHESTER AVE C 1011185001 ND REAL ESTATE LLC IOWA CITY - 52245 2233 ROCHESTER AVE C 1011186002 MIDWESTONE BANK IOWA CITY - 52245 351 N 1ST AVE C, M 1011185002 351 N 1ST AVE RES COOP INC IOWA CITY - 52245 2218 ROCHESTER AVE R 1011177003 REGINA INTERP-PARISH CATHOLIC EDUCATION CENTER IOWA CITY - 52245 639 STUART CT R 1012233025 WHITMAN, ROBERT B; FITZGERALD, COLLEEN R IOWA CITY - 52245 616 N 1ST AVE R 1012233021 KOWAL, THOMAS D; KOWAL, DIANA B IOWA CITY - 52245 612 N 1ST AVE R 1012233020 BAUER, THOMAS K; BAUER, SANDRA S IOWA CITY - 52245 606 N 1ST AVE R 1012233019 ENGELBRECHT FAMILY TRUST (THE) IOWA CITY - 52245 602 N 1ST AVE R 1012233018 BEASLEY, JOHN E; BEASLEY, ELIZABETH F IOWA CITY - 52245 Project xxxxxxx Regina Catholic Education Center Legal description: Deed Book and Page: 32-50 Section-Township-Range: 11-79N-6W Description: Regina Subdivision Lot 1 Current Zoning: RS5 Property Area: 37.9 Acres July 14, 2021 Board of Adjustment Meeting EXC21-0008 ITEM 3C ON THE AGENDA Staff Report Prepared by Staff 1 STAFF REPORT To: Board of Adjustment Item: EXC21-0008 Parcel Number: 1010380008 Prepared by: Kirk Lehmann, Associate Planner Date: July 14, 2021 GENERAL INFORMATION: Applicant: Neumann Monson Architects 221 E. College Street STE 303 Iowa City, IA 52245 Contact Person: Nick Lindsley Neumann Monson Architects 221 E. College Street STE 303 Iowa City, IA 52245 nlindsley@neumannmonson.com Property Owner(s): Tailwind College Street, LLC 530 S. Front Street STE 100 Mankato, MN 56001 Requested Action: Special exception to allow a Rooftop Service Area (RSA) for a nonconforming drinking establishment in a CB-10 zone Location: 111 E. College Street Location Map: Size: 5,850 square feet Existing Land Use and Zoning: Commercial; Central Business with Historic Overlay District (CB-10/OHD) 2 Surrounding Land Use and Zoning North: Residential & Commercial; Central Business (CB-10) East: Residential & Commercial; Central Business with Historic Overlay District (CB-10/OHD) South: Commercial; Central Business (CB-10) West: Commercial; Central Business with Historic Overlay District (CB-10/OHD) Applicable Code Sections: 14-4B-3A: General Approval Criteria 14-4C-2AA: Rooftop Service Areas (RSAs) File Date: June 11, 2021 BACKGROUND: Neumann Monson Architects submitted a special exception application to allow a Rooftop Service Area (RSA) for a nonconforming drinking establishment at 111 E. College Street. RSAs are an accessory use designed as an outdoor seating or gathering space located on a rooftop or upper floor terrace that is open to the public for events, entertainment, meetings, and/or as a food and beverage service area. This application is part of the larger “Tailwinds” project which involves the renovation of existing historic properties along the south side of College Street and the construction of a new multi-family building behind them. While the RSA is being requested for 111 E. College Street, 109 E. College Street is also part of the Reunion Brewery for which the RSA is proposed. The Tailwinds project is part of a coordinated effort to protect the existing historic storefronts on the Pedestrian Mall, beginning in collaboration with City Council’s Economic Development Committee. The subject buildings are key contributors to the historic fabric of downtown Iowa City and contain a mix of commercial and residential uses. City Council designated them as a local historic landmark through a Historic District Overlay (OHD) rezoning on January 28, 2021 (REZ20-02). The total project consists of two components: 1. Renovation of existing historic structures along the Pedestrian Mall, including rehabilitation of commercial space such as for the subject property and small apartments, and the demolition of the rear additions of some buildings; and 2. A new 11-story multi-family building to the south of the existing structures, for which the Board of Adjustment granted a 50% parking reduction on December 9, 2020 (EXC20-0007, recorded December 18, 2020 in Book 6151, Pages 514-533). The proposed Reunion Brewery is a new drinking establishment which is allowed as a nonconforming use because it meets the following criteria that Council adopted on May 27, 2021 (REZ20-0015) to promote historic preservation and maintain the economic vitality of downtown: 1. The drinking establishment is on property with a Historic District Overlay (OHD) zone; and 2. The drinking establishment is in a building that has remained vacant for the previous 2 years. The subject property is in the Downtown District and is zoned Central Business District with a Historic District Overlay (CB-10/OHD), which allows for a range of retail, service, office, and high- density residential uses. The Code first allowed RSAs in 2015 as an accessory use in certain commercial zones. If the RSA is accessory to an establishment licensed by the state to sell alcoholic beverages (e.g., a restaurant or bar), it is also considered an “Outdoor Service Area” and is subject to the applicable regulations in Title 4, ‘Alcoholic Beverages’ of the City Code. In the CB-10 zone, 3 RSAs are allowed provisionally for hospitality-oriented retail (i.e., hotels), commercial recreation, and eating establishment (i.e., restaurants) uses. RSAs for drinking establishments (i.e. bars) are permitted by special exception, which is why a special exception is required in this case. The applicant proposes to construct a terrace on the rooftop of 111 E. College Street to provide approximately 1,430 square feet of open-air seating—the Rooftop Service Area (RSA). The RSA will abut interior restaurant space to the north and west and will retain the exterior walls of the historic façade to the east and south. Proposed interior floor area will include restrooms, bar/food service, and a private dining room with walls that can open onto the RSA. The RSA will have a capacity of 97 persons. Details on the layout and operation of the RSA are available in the site plan and the Roof Service Area Management Plan (Attachment 4). Amplified sound will only be allowed with a separate temporary use permit. Additional details are included in the other materials submitted by the applicant and are discussed under the applicable criteria below. The building renovation is affiliated with building permit application BLDC21-0017. The applicant held a Good Neighbor meeting on July 7, 2021 and invited property owners within 300 feet. There were no attendees other than City staff and the applicants, and no other correspondence has been received regarding the project. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare; to conserve and protect the value of property throughout the City; and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the specific criteria included in Section 14-4C-2AA, pertaining to Rooftop Service Areas (RSAs), as well as the general approval criteria in Section 14-4B-3A. For the Board of Adjustment to grant this special exception request, all of the following criteria below must be met. The burden of proof is on the applicant, and their comments regarding each criterion may be found on the attached application. Staff comments regarding each criterion are set below. Specific Standards: 14-4C-2AA-1: Approval Criteria For Rooftop Service Areas: a. Accessibility: The RSA shall meet all building and fire code requirements, be ADA compliant, include elevator service, and have accessible restrooms provided. FINDINGS: • The proposed RSA will be fully accessible with an elevator at the north end of the building providing access and accessible restrooms on the same floor of the building. • The building plans will be reviewed to ensure compliance with all applicable building and fire codes prior to issuance of a building permit. b. Design: The RSA shall be designed in an attractive manner that will not detract from adjacent uses, and will prevent nuisance and safety issues. The applicant shall submit a design plan with the application for an RSA that, at a minimum, specifies and illustrates the proposed size, dimensions, setbacks from adjacent buildings and roof edges, occupancy load, layout, landscaping elements, access routes, 4 elevator, and accessible bathrooms. RSAs shall meet the following minimum standards. If a special exception is required, the board of adjustment may impose additional or more restrictive conditions to mitigate any anticipated externalities, including, but not limited to, restrictions on hours of operation, lighting, size, occupancy load, and setback and screening requirements. (1) The RSA shall be located directly adjacent to or above the use to which it is accessory and there shall not be other uses located on floors in between the RSA and the use to which it is accessory. FINDINGS: • The submitted site plan illustrates the proposed dimensions, setbacks, occupancy, landscaping, accessibility, and other required elements. Staff recommends that compliance with the submitted site plan be a condition of approval. • The proposed RSA is directly adjacent to and above the drinking establishment to which it is accessory. The Reunion Brewery is the only use in this building. (2) The RSA must be set back from adjacent upper floor uses and the edge of the roof and screened and completely enclosed within a decorative fence or wall built of high quality, durable materials. Landscaping elements, such as planters and green roofs, may be used to soften views or provide a buffer. The setback and screening must be established in a manner that will not unduly block light, air, or outdoor views from upper floor windows on abutting buildings. FINDINGS: • The proposed RSA will be surrounded and screened by the existing exterior walls of the historic building which are 16’ tall, • An interior dining area for the associated drinking establishment will separate the RSA from the Pedestrian Mall to the north. • Interior space for the associated drinking establishment will separate the RSA from adjacent upper floor uses to the west, while an existing building party wall will separate the RSA from adjacent upper floor uses to the east. • The RSA is set back 6’ from the south facade, and the existing exterior masonry wall with wood windows fixed per Historic Preservation guidelines will separate the RSA from adjacent upper floor uses to the south. The site plan includes vegetated roof components within this setback area which will provide additional buffering. • The screening is part of the existing building shell will not negatively affect light, air, or outdoor views from abutting buildings. (3) The RSA must be set back a minimum of ten feet (10') from the street facing edge of the roof. A smaller buffer between the RSA and the roof parapet or guardrail may be allowed, provided the buffer is determined to adequately address public safety. The buffer and screen wall shall be of a sufficient depth and/or height and constructed of attractive, durable materials that may also include landscaping elements to prevent persons from leaning or dropping things over the parapet or guardrail that encloses the terrace or rooftop. A design of the proposed buffer and screen wall shall be submitted with the application. FINDINGS: 5 • The street-facing side of the property is the Pedestrian Mall to the north. The RSA is set back 24’ from the street-facing edge of the roof. • Building space to the north and west, exterior walls to the south and east, and the 6’ setback from the exterior wall to the south will help prevent safety issues and nuisances. • The RSA management plan notes there will be a minimum of 5 staff persons on this level who will help ensure safety, address nuisances, and prevent underage drinking and overserving of alcohol. Staff recommends that compliance with the submitted management plan be a condition of approval. (4) The lighting must comply with chapter 5, article G, "Outdoor Lighting Standards", of this title. Except for any lighting required by the building code, lights must be turned off when the RSA is not in operation. A lighting plan shall be submitted that illustrates compliance with these standards. FINDINGS: • The lighting plan indicates that canopy lights will be the primary exterior light source on the RSA with a total expected output of 6,500 lumens, well below the maximum total light output allowed by code. • The management plan notes that RSA lights will be turned off when the RSA is not in use. • To ensure compliance with lighting regulations, staff recommends that approval of a lighting plan be required prior to issuance of a building permit. (5) No signs shall be allowed in or on the exterior wall or fence of the RSA that are within public view, as defined in chapter 9, article A of this title. FINDINGS: • A logo-based mural is planned for the interior portion of the east wall of the RSA, but it will not be visible from any public street, sidewalk, access easement, or park or other open space. c. Management: (1) For RSAs that are also outdoor service areas, as defined in title 4 of this code, there must be an RSA management plan in place and at least one employee must be designated to monitor the safety and compliance of the RSA during hours of operation. The proposed management plan shall be submitted with the application. If nuisance or safety issues arise, the city may require immediate changes to the management plan and/or the number of monitors to remedy the situation and reserves the right to suspend or revoke the RSA permit. FINDINGS: • The proposed RSA will serve alcohol, so it is also considered an Outdoor Service Area (OSA). • The management plan submitted with the application notes there will be a minimum of 5 staff persons on this level who will help monitor safety and compliance of the RSA during hours of operation. • If nuisance or safety issues arise, the management plan may be modified, or any temporary use permit for amplified sound may be suspended or revoked. 6 (2) In the CB-10 zone, where the building containing the RSA abuts or is directly across a public alley from a property containing upper floor residential uses or hotel rooms that have windows facing the RSA, the hours of operation of the RSA are limited to ten o'clock (10:00) A.M. to ten o'clock (10:00) P.M. Sunday through Thursday and ten o'clock (10:00) A.M. to twelve o'clock (12:00) midnight Friday and Saturday. FINDINGS: • The RSA neither abuts nor is located directly across a public alley from a property containing upper floor residential uses or hotel rooms. • A new building will be on part of the subject property with upper floor residential windows facing the proposed RSA, but it is under the same ownership, the existing wall which will be maintained will mitigate noise and light conflicts for windows facing the RSA, and exterior light fixtures will face downwards. d. Food Service: If alcohol is being served, food service must be provided. Prior to approval of an RSA, the applicant must submit evidence indicating how this requirement will be met. FINDINGS: • Alcohol will be served on the proposed RSA. • The management plan notes that the establishment will have a fully functional kitchen and substantial food service provided for all hours of operation. e. Noise: The design of the RSA must minimize the carry of noise across property boundaries. Use of specialized screen wall materials, sound deadening techniques, or similar, may be required. Evidence of such a noise mitigation plan must be included with an RSA application. In addition, after an RSA is established, the city reserves the right to require additional measures to remedy any violation of the city's noise or nuisance ordinance, as determined by the city. FINDINGS: • The management plan contains provisions to help manage noise on the RSA and the existing walls which will be retained around the RSA will minimize the carry of noise across property boundaries. • No amplified sound will be allowed without a separate temporary use permit, which requires submittal of a sound mitigation plan in compliance with Section 4-3-1C5. f. Amplified Sound: Due to the potential nuisance to neighboring properties and the general public in the surrounding neighborhood, amplified sound is only allowed for RSAs associated with hospitality oriented retail uses in the RFC-SD subdistrict and for RSAs in the CB-10 zone, subject to the limitations set forth below. RSAs accessory to hospitality oriented retail uses are not required to obtain a temporary use permit, but must comply with the city's noise and nuisance ordinance, and the standards stated below. Amplified sound is only allowed for an RSA in the CB-10 zone upon receipt of a seasonal temporary use permit, unless it is accessory to a hospitality oriented use. Permits for amplified sound are subject to the standards and restrictions set forth below and the general approval criteria for temporary uses as set forth in article D of this chapter. A temporary use permit may be denied or 7 rescinded at the discretion of the city if noise becomes a nuisance or terms of the temporary use permit or the special exception conditions are violated. FINDINGS: • The proposed RSA is in a CB-10 zone and shall require a seasonal temporary use permit to allow amplified sound. • Requirements for the temporary use permit include that amplified sound be limited to background music at a low volume and that the RSA either be more than 100' from other service areas or be inaudible to those areas. • A sound mitigation plan will be required as part of the temporary use permit process if amplified sound is desired for the RSA. • The temporary use permit may be denied or rescinded if noise becomes a nuisance or the terms of the temporary use permit or special exception are violated. (1) If an RSA is located within three hundred feet (300') of a residential zone, amplified sound is prohibited; FINDINGS: • The proposed RSA is not within 300’ of a residential zone. (2) The city may restrict the hours when amplified sound may be used. However, in no case shall amplified sound be permitted between the hours of twelve o'clock (12:00) midnight and ten o'clock (10:00) A.M.; FINDINGS: • The management plan notes that there will be no amplified sound between the hours of 12:00 am and 10:00 am if approved through a temporary use permit. (3) No live entertainment using amplification shall be allowed; FINDINGS: • The management plan notes that live entertainment shall not be allowed to use amplification. (4) Amplified sound may be restricted or prohibited during public events, festivals or concerts; FINDINGS: • The management plan notes that the operator will comply with any requests to restrict or prohibit amplified sound during public events, festivals, or concerts. This would include requests by the City. (5) The applicant must demonstrate to the satisfaction of the city that the design of the RSA will minimize carry of noise across property boundaries. Use of specialized screen wall materials, sound deadening techniques, control of volume, or similar may be required. FINDINGS: • The proposed RSA is surrounded by the existing building façade, which will minimize carry of noise across property boundaries. 8 • Amplified sound will only be allowed through a temporary use permit, which will require a noise mitigation plan. Specific Standards: 14-4C-2AA-2: Additional Special Exception Approval Criteria For Nonconforming Drinking Establishments: An RSA accessory to a nonconforming drinking establishment may be allowed by special exception provided it meets the general approval criteria for special exceptions set forth in section 14-4B-3 of this chapter, the approval criteria stated above for all RSAs and the additional approval criteria listed below: a. The RSA shall be located directly above and contiguous to the licensed drinking establishment. Contiguous means there may not be other uses located on floors in between the drinking establishment and the accessory RSA. FINDINGS: • The proposed RSA is directly above and contiguous to the licensed drinking establishment to which it is accessory. • The proposed Reunion Brewery is the only use in this building. b. There shall be no horizontal expansion of the licensed drinking establishment. FINDINGS: • The proposed RSA will be completely contained over the licensed, nonconforming drinking establishment and thus approval will not result in horizontal expansion. c. There shall be no increase in interior floor area or interior occupant load of the existing drinking establishment, except if necessary for required bathrooms, elevator, stairs, kitchen equipment, or other essential elements necessary to meet accessibility, building code requirements or to meet the requirements or conditions of the special exception. FINDINGS: • The proposed RSA will not increase interior floor area or interior occupant load. • Staff recommends a condition that no solid roof shall be allowed to be constructed over any portion of the RSA to ensure there is no future increase in interior floor area. General Standards: 14-4B-3: Special Exception Review Requirements: 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. FINDINGS: • The use of the property and access to the property and surrounding properties will not change because of the RSA. • The proposed RSA and any heat sources must meet all building and fire code requirements, and it must also be ADA compliant. • Access to the proposed RSA is from an interior stairwell and elevator. The management plan notes that all customers must present ID before entering the RSA, 9 and underage patrons will not be allowed without supervision after 10:00 pm. Starting at 9:00 pm, all customers must present ID at the first level entrance as well. • As shown in the site plan, the RSA will be set back from the private alley to the south. The outdoor area will be surrounded by the existing walls of the historic structure to prevent occupants from accessing other rooftop areas. • The management plan indicates that at least 5 staff will always be present at this level, and the RSA will be actively managed. Staff will be responsible for ensuring safety, addressing nuisances, and preventing underage drinking and overserving of alcohol. 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. FINDINGS: • The proposed RSA will be screened by the existing 16’ walls of the historic building on all sides, and the 6’ setback to the south will help prevent nuisance and safety issues. In addition, interior space will screen the RSA from the Pedestrian Mall to the north and from the building to the west. There are no windows on the building to the east. • Exterior lighting will face downward and must comply with the City’s outdoor lighting standards. • Noise will be controlled by the existing historic walls and amplified sound will only be allowed by temporary use permit which may not extend beyond midnight, in addition to other previously mentioned requirements. • Renovation of the property will help ensure continued economic viability of the space. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. FINDINGS: • The subject property is in the Downtown District and is zoned Central Business District with a Historic District Overlay (CB-10/OHD) which is for high density, mixed use development and entertainment areas. • RSAs are allowed in the zone to create more diverse seasonal opportunities. • The surrounding area is already fully developed with a mix of uses. • The proposed RSA will be more than 20 feet from the new building being constructed to the south which is part of the larger redevelopment of the area. • With appropriate controls on amplified sound administered through the temporary use permit, the proposed use is compatible with the surrounding development, will not prevent surrounding properties from being redeveloped again in the future, and will be an attractive addition to the Downtown. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: • The site has access to adequate utilities, access roads, drainage and other facilities. • These considerations will also be reviewed by staff during the building permit process. 10 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • Access to the building is expected to be primarily through the Pedestrian Mall. • No changes are being proposed to access which will affect traffic congestion on public streets. 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. FINDINGS: • An approved lighting plan for the proposed use is recommended as a condition of approval to ensure compliance with the City’s Outdoor Lighting Standards. • The RSA will serve alcohol, so compliance with applicable regulations for outdoor service areas in Title 4, "Alcoholic Beverages," of the City Code is required, and the applicant will be required to receive a liquor license through the City. • Amplified sound will only be allowed as a temporary use permit, which will require additional staff review. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: • The Comprehensive Plan Future Land Use Map designates this area for General Commercial, and its vision includes to “[e]ncourage continued investment in the Downtown to assure its place as the center of arts, culture, entertainment, commercial, and civic activity within the city and the metro area”. • The Downtown and Riverfront Crossings Master Plan shows this area as part of the Downtown District, which is “the heart of the region” with historic buildings next to new buildings and streets that are active throughout the day and into the night. Objectives of this plan include to “[p]romote quality infill and redevelopment” and to “[m]aintain balance of uses and activities.” • The nonconforming drinking establishment use is consistent with the Comprehensive and District Plans and will not change because of the proposed RSA. • The RSA will be located on a local historic landmark. Current plans as proposed were approved as part of the Historic Preservation Commission review. NEXT STEPS (INFORMATIONAL ONLY): In addition to the special exception, the project requires several additional reviews for various purposes, including: • Building Permit. Before construction, a building permit for the RSA must be approved by Development Services. Prior to issuance of a building permit, the condition regarding a lighting plan must be approved by staff, if the condition is adopted by the Board. • Liquor License. Because the establishment will serve alcohol, a liquor license must be approved by the City Council and the Iowa Alcoholic Beverages Division. Standards for liquor licenses are in Chapter 4-2 of the City Code. 11 • Outdoor Service Area (OSA). Because alcohol will be served on the RSA, an OSA permit must be approved by the City Council and the Iowa Alcoholic Beverages Division. This license must be submitted at the same time as the liquor license, and it must follow standards for a permanent OSA (as opposed to a temporary OSA). Standards for OSAs are in Chapter 4-3 of the City Code, including that a noise mitigation plan outlining the techniques to be used to minimize the carry of noise across property boundaries be included with the application • Temporary Use Permit. If amplified sound, such as background music, is desired for the RSA, a temporary use permit must be approved by Development Services staff. Standards for the temporary use permit are in Chapter 14-4D of the City Code STAFF RECOMMENDATION: Staff recommends approval of EXC21-0008, to allow a Rooftop Service Area (RSA) as an accessory use to a nonconforming drinking establishment in a CB-10 zone for the property located at 111 E. College Street, subject to the following conditions: 1. Substantial compliance with the submitted site plan, dated March 1, 2020. 2. Compliance with the submitted management plan, dated July 9, 2021. 3. No solid roof shall be constructed over any portion of the Rooftop Service Area. 4. A lighting plan in compliance with the Zoning Ordinance shall be approved by the Building Official prior to issuance of a building permit. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Correspondence & Good Neighbor Meeting Materials 4. Application Materials Approved by: _________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services July 14, 2021 Board of Adjustment Meeting EXC21-0008 ATTACHMENT 1 Location Map Prepared by Staff S DUBUQUE STS CLINTON STS DUBUQUE STE BURLINGTON ST S LINN STE COLLEGE ST EXC21-0008111 E. College St.µ 0 0.025 0.050.0125 Miles Prepared By: Joshua EngelbrechtDate Prepared: June 2021 An application submitted by Neumann MonsonArchitects, on behalf of Tailwinds Group for a special exception allowing a Rooftoop Service Area for property located at111 E. College St. July 14, 2021 Board of Adjustment Meeting EXC21-0008 ATTACHMENT 2 Zoning Map Prepared by Staff S DUBUQUE STS CLINTON STS DUBUQUE STE BURLINGTON ST S LINN STE COLLEGE ST CB10 P2 P1 RFC-SD P2/CB10 EXC21-0008111 E. College St.µ 0 0.025 0.050.0125 Miles Prepared By: Joshua EngelbrechtDate Prepared: June 2021 An application submitted by Neumann MonsonArchitects, on behalf of Tailwinds Group for a special exception allowing a Rooftoop Service Area for property located at111 E. College St. Overlay Zones Overlay Description Historic District (OHD) July 14, 2021 Board of Adjustment Meeting EXC21-0008 ATTACHMENT 3 Correspondence & Good Neighbor Meeting Materials Submitted by the Identified Party Notice of Good Neighbor Meeting and Open House June 30th, 2021 Date and Time: July 7th, 2021 at 5:30 pm Location: Virtual (on Zoom) ********neumannmonson.zoom.us/j/88382729796?pwd=eDZlbzNUczFCSWVmdjhDczAyckZNZz09 Meeting ID: 883 8272 9796 To neighbors of 111 E College Street: The Iowa City Board of Adjustment will soon consider a special exception for a property in your area. The Board of Adjustment is considering a special exception for a Rooftop Service Area (RSA) occupant load of 97 occupants for the Reunion Brewery which is greater than the 50 person occupant load allowed for in the Iowa City Zoning Code. The property is located on pedestrian mall at 111 E. College Street. As the representative of this requires, we would like to invite you to participate in an open house where you will have the opportunity to learn about the requested land use change and we can gather comments you may have regarding this proposal. It is anticipated that the Board of Adjustment will be reviewing this proposal on July 14th. A notice of a formal review by the Board of Adjustment will be sent to all property owners within 300’ of the property under review by the City. You are encouraged to attend these meetings and voice your opinions. If you have any questions or would like to submit written comments, please contact Nick Lindsley of Neumann Monson at 319 248 4812 or at nlindsley@neumannmonson.com. Sincerely, Nick Lindsley, AIA Neumann Monson Architects List of Neighboring Properties within 300' of the exterior limits of the propertyAddress Property Class Parcel Numbers Mailing Names Mailing Address 1 Mailing Address 2 Mailing CityMailing Zip Code104 S Clinton StreetC 1010378016MidwestOne Bank 104 S Clinton StIowa City 52240111 E Washington StreetC 1010378011Old Younkers Building LLC221 E Burlington StIowa City  52240113 E Washington StreetC 1010378010Old Younkers Building LLC221 E Burlington StIowa City  52240115 E Washington StreetC 1010378009Old Younkers Building LLC221 E Burlington StIowa City  52240119 E Washington StreetC 1010378008Old Capitol View LLC222 E Burlington StIowa City  52240121 E Washington StreetC 1010378007Old Capitol View LLC223 E Burlington StIowa City  52240123 E Washington StreetC 1010378006Old Capitol View LLC224 E Burlington StIowa City  52240129 E Washington StreetC 1010378001University of Iowa Facilities CorporationOne West Park Rd P.O. Box 4550 Iowa City 52244101 S Dubuque StreetC ‐‐ Herteen & Stocker Jewelers ‐‐ ‐‐ ‐‐ ‐‐105 S Dubuque StreetC ‐‐ Ten Thousand Villages‐‐ ‐‐ ‐‐ ‐‐125 E Washington StreetC‐‐‐‐‐‐‐‐‐‐‐‐127 E Washington StreetC ‐‐ Subway ‐‐ ‐‐ ‐‐ ‐‐109 S Dubuque StreetC 1010378002University of Iowa Facilities CorporationOne West Park Rd P.O. Box 4550 Iowa City 52244111 S Dubuque StreetC, M 1010378028Kosa, John S no street address listed P.O. Box 1700 Iowa City 52244‐1700111 S Dubuque Street‐‐ Dandy Lion ‐‐111 1/2 S Dubuque Street  ‐‐ ‐‐115 S Dubuque Street‐‐ Pitaya ‐‐115 1/2 S Dubuque Street  ‐‐ ‐‐125 S Dubuque StreetC 1010386005Ambrose, Gerry  250 12th Avenue  Suite 150 Coralville 52241130 S Dubuque StreetC 1010377014City of Iowa City 410 E Washington StreetIowa City 52240136 S Dubuque StreetC 1010377013City of Iowa City 410 E Washington StreetIowa City 52240123 S Linn StreetC 1010377012City of Iowa City 410 E Washington StreetIowa City 52240210 S Dubuque Street  C 1010380003Graduate Iowa City Owner, LLC 133 North Jefferson Street4th FloorChicago, IL60661213 E College StreetC The Gym ‐‐220 S Dubuque StreetC 1010380002City of Iowa City 410 E Washington StreetIowa City 52240229 S Dubuque StreetR 1010398051229 S Dubuque LLC414 E Market Street Iowa City 52245227 S Dubuque StreetSoseki Café ‐‐180 E Burlington Street La Wine Bar & Restaurant‐‐182 E Burlington Street‐‐184 E Burlington Street Estela's Fresh Mex ‐‐301 S Dubuque StreetC 1010384001301 Holdings LLC711 S Gilbert StreetIowa City 52240325 S Dubuque StreetC 1010384014City of Iowa City 410 E Washington StreetIowa City 52240325 S Dubuque StreetCadence Academy ‐‐345 S Dubuque Street‐‐150 E Court StreetCourt Street Transportation Center‐‐152 E Court StreetHieronmy Partners ‐‐170 E Court StreetGreyhound Bus ‐‐120 E Burlington StreetC 1010380018VLM Enterprises LLC 1916 Maple CircleWest Des Moines 50265C 1010380017‐‐C 1010380016City of Iowa City 410 E Washington StreetIowa City 52240102 E Burlington StreetC 1010380015Moen Trust (Moen, Marc B)221 E College Street  #1301 Iowa City 52240314 S Clinton Street Unit S‐100C 1010399047Hieronymus Square Developers, LCC711 S Gilbert StreetIowa City 52240105 E Burlington Street ‐‐125 E Burlington Street‐‐300 S Clinton Street ‐‐220 S Clinton Street  C 1010379002City of Iowa City 410 E Washington StreetIowa City 52240200 S Capitol StreetC 1010392006University of Iowa Facilities CorporationOne West Park Rd P.O. Box 4550 Iowa City 52244201 S Clinton Street228 S Clinton StreetC, M 1010380014Moen, Marc B; Jett, Robert J; Moen, Michael S221 E College Street  #1301 Iowa City 52240228 S Clinton StreetStarbucks ‐‐226 S Clinton Street‐‐224 S Clinton Street C 1010380013Novotny Trust (Novotny, Leland and Novotny, Gene)221 E College Street  #1105 Iowa City 52240210 S Clinton StreetR 1010389041Moen Trust (Moen, Marc B; Jett, Robert J)221 E College Street  #1301 Iowa City 52240212 S Clinton Street‐‐132 S Clinton StreetC 1010378020132 S Clinton St, LLC105 5th StreetCoralville 52241108 E College StreetSauce ‐‐ 132 S Clinton StreetYotopia ‐‐138 S Clinton StreetC 1010378019138 S Clinton St LLC428 Westcor Drive Coralville 52241124 S Clinton StreetC 1010378018Pieper, Mark R 1243 Devon Drive NEIowa City 52240114 S Clinton StreetC 1010378017TSB Holdings LLC250 12th Avenue Suite 150 Coralville 52241114 S Clinton StreetCactus 3‐‐118 S Clinton StreetPints|University of Iowa Grant Accounting Office‐‐103 E College StreetC 1010380010The Moen Group 221 E College Street  #1301 Iowa City 52240105 E College StreetSculpt ‐‐109 E College Street  C 1010380009Tailwind College Street LLC530 South Front StreetSuite 100 Mankato, MN 56001111 E College StreetC 1010380008Tailwind College Street LLC530 South Front StreetSuite 100 Mankato, MN 56001115 E College StreetC,M 1010380007Tailwind College Street LLC530 South Front StreetSuite 100 Mankato, MN 56001113 E College Street‐‐113 1/2 E College Street‐‐115 E College StreetGraze ‐‐117 E College StreetC 1010380006Tailwind College Street LLC530 South Front StreetSuite 100 Mankato, MN 56001117 E College StreetRevival ‐‐119 E College Street‐‐123 E College Street‐‐121 E College Street  C 1010380005Tailwind College Street LLC530 South Front StreetSuite 100 Mankato, MN 56001125 E College StreetC,M 1010380004Tailwind College Street LLC530 South Front StreetSuite 100 Mankato, MN 56001127 E College Street 118 E College StreetC 1010378024Moen, Marc B; Jett, Robert J 221 E College Street  #1301 Iowa City52240114 E College Street  C 1010378023Mondanaro, James B 225 S Linn St  Iowa City 52240114 E College Street TCB Pool Hall ‐‐114 1/2 E College StreetBarker Companies|Artificer Tattoo|O'brien Studios|Jesse Piano Studios|B Art Gallery‐‐112 E College Street  C, M 1010378022Mondanaro, James B 221 E College Street  #1105 Iowa City 52240112 E College Street Iowa City Burger Haul ‐‐112 1/2 E College Street‐‐110 E College Street  C, M 1010378021One Ten Properties LLC115 Iowa Avenue Iowa City 52240110 E College Street Donnelly's Pub ‐‐110 1/2 E College Street ‐‐ Summary Report for Good Neighbor Meeting Project Name: ___________________________Project Location: _________________________ Meeting Date and Time: ________________________________________________________ Meeting Location: _____________________________________________________________ Names of Applicant Representatives attending: ______________________________________ ______________________________________ Names of City Staff Representatives attending: _______________________________________ Number of Neighbors Attending: ________ Sign-In Attached? Yes ______ No ______ General Comments received regarding project (attach additional sheets if necessary)- _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ Concerns expressed regarding project (attach additional sheets if necessary) - _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ Will there be any changes made to the proposal based on this input? If so, describe: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Staff Representative Comments ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Reunion Brewery RSA 111 E College St. July 7 @ 5:30 pm Virtual (zoom) Nick Lindsley, Neumann Monson Architects Kelly Mayo and Brandon Smith, Tailwind Kirk Lehmann 0 X No neighbors were in attendance. No neighbors were in attendance. No neighbors were in attendance. June 28, 2021 RE: Special Exception for 111 E. College Street Dear Property Owner: The Iowa City Board of Adjustment has received an application submitted by Neumann Monson Architects requesting a special exception to allow a Rooftop Service Area for a nonconforming drinking establishment in a Central Business (CB-10) zone at 111 E. College Street (see attached map). As a neighboring property owner, you are being notified of this application. If you know of any interested party who has not received a copy of this letter, we would appreciate it if you would inform them of the pending application. The Board of Adjustment will review this application at either in-person meeting in Emma Harvat Hall, City Hall, 410 East Washington Street, Iowa City or an electronic public meeting via Zoom. Regardless of its location, the meeting time is tentatively scheduled for July 14, 2021 at 5:15 p.m. Because the meeting is subject to change, check the City of Iowa City’s website, www.icgov.org/BOA, the week of the meeting to confirm the meeting agenda and location. You are welcome to attend this public meeting to present your views concerning this application. You may also submit written information for consideration to me in advance of the meeting, and I will include your comments in the information to be considered by the Board. Please do not hesitate to contact me at kirk-lehmann@iowa-city.org or 319-356-5230 if you have any questions or comments about this application or if you would like more information on the Board of Adjustment review process. Sincerely, Kirk Lehmann, AICP Associate Planner City of Iowa City Department of Neighborhood and Development Services An electronic meeting, pursuant to Iowa Code section 21.8, may be held because a meeting in person is impossible or impractical due to concerns for the health and safety of Board members, staff and the public presented by COVID-19. Details on how to participate if it is an electronic meeting will be included in the agenda packet, which will be available at www.icgov.org/BOA the Monday before the meeting. Providing comment in person is not an option. What is the Board of Adjustment? The Board of Adjustment is panel made up of Iowa City citizens appointed by the City Council. The board reviews and grants special exceptions and variances and also considers appeals when there is a disagreement about an administrative zoning decision made by the City. Members of the board act like judges, making decisions about individual properties and uses that may have difficulty meeting a specific zoning regulation or to resolve disputes about administrative zoning decisions. The actions and decisions of the Board of Adjustment are binding upon all parties unless overturned upon appeal to District Court. What is a special exception? There are two types of special exceptions. 1. Within the zoning code a number of land uses are set apart as special exceptions that may be permitted in certain zones. Rather than permitting these uses outright, each is reviewed on a case-by-case basis to ensure that they do not negatively affect surrounding properties. For example, daycare centers are permitted in residential zones by special exception. The same is true of churches and private schools. All may be appropriate uses in residential zones, if certain criteria such as parking, screening, and other requirements are met. 2. Adjustments to specific zoning requirements in cases where there are unique circumstances. Again, the opportunity to adjust these requirements and the criteria for allowing such adjustments are described in the Zoning Code. For example, a homeowner may apply for a reduction in a building setback in order to accommodate an addition or other improvement to their property. The Zoning Code lists explicitly each use and standard for which a special exception may be considered. In other words, you can’t request a special exception for everything—only those things called out as special exceptions in the Code. The Code also provides criteria specific to each request. Applicants must provide evidence that they satisfy each of these criteria, and the Board must consider these criteria when making a determination as to whether to grant a special exception. What is a variance? A variance grants a legal right to an owner to develop property in a manner that deviates from a specific provision of the Zoning Code and for which a special exception is not expressly allowed. In seeking relief from the restrictions in the Zoning Code, the property owner applying for the variance must show that the strict application of the Zoning Code would cause and unnecessary hardship such that the property in question is unusable or that a literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the zoning district. In addition the circumstances that create this hardship must be unique to the property in question and must not be of the property owner’s own making. What is an appeal? The Board considers and rules on appeals from any citizen who believes there is an error in any decision, determination, or interpretation made by the City or its designee in the administration of the Zoning Code. As with their other decisions, the Board’s ruling is binding on all parties unless overturned on appeal to the District Court. How does the review process work? An application requesting a special exception, variance, or an appeal is a request. The Board makes a decision on whether to grant a specific request only after City staff have provided a review of an application and the public has had an opportunity to make its concerns known. The Board not only has the right to approve or deny requests, but may also choose to approve request subject to certain conditions. In making decisions, the Board may only consider comments and evidence relevant to the specific standards provided in the code. City Development Staff provide reports to the Board for each application on the agenda. The Staff Report provides background information on the application, informs the Board of all the criteria in the Code that a particular application must satisfy, and interprets whether and how an application has satisfied these criteria. How can I participate in the process? Because most applications will be reviewed and decided upon at a single public hearing, it is important for interested parties to respond in a timely and informed manner. Those who wish to speak for or against an application are given an opportunity to be heard by the Board at the hearing, but may also submit written comments prior to the meeting. Written comments must be delivered to the Department of Neighborhood & Development Services at City Hall no later than 5 days before the hearing in order to be included with the Staff Report. All correspondence submitted after that time will be delivered to the Board at the time of the hearing. The Board considers the application, the recommendation of staff (in the staff report) and any additional information, correspondence, or testimony provided at the hearing. Board of Adjustment hearings are usually held on the second Wednesday of each month at 5:15 p.m. in Emma J. Harvat Hall in City Hall. You can find more information at the following website: www.icgov.org/boa. The Staff Report can be very useful to anyone who is unfamiliar with the BOA process or with the Zoning Code and will provide an understanding of the criteria that the Board must consider in rendering its decision. Staff Reports may be obtained from the Department of Neighborhood & Development Services. E-mail kirk-lehmann@iowa- city.org to request a copy of a report. If you have questions about an application or if you simply want more information about issues related to the Board of Adjustment, please feel free to contact Kirk Lehmann at 319-356- 5230 or e-mail kirk-lehmann@iowa- city.org. To submit comments to the Board of Adjustment write to the Board of Adjustment c/o the Department of Neighborhood & Development Services, 410 E. Washington St., Iowa City IA 52240 or e-mail kirk-lehmann@iowa- city.org. Board of Adjustment: Frequently Asked Questions S DUBUQUE STS CLINTON STS DUBUQUE STE BURLINGTON ST S LINN STE COLLEGE ST EXC21-0008111 E. College St.µ 0 0.025 0.050.0125 Miles Prepared By: Joshua EngelbrechtDate Prepared: June 2021 An application submitted by Neumann MonsonArchitects, on behalf of Tailwinds Group for a special exception allowing a Rooftoop Service Area for property located at111 E. College St. FD FD MEN'S RESTROOM 206 ROOF TOP TERRACE (OUTDOOR) 211 WOMENS RESTROOM 207 PRIVATE DINING 202 STAIR X202 08 4333; 9'-0" OPERABLE WALL, NANAW ALL OR SIM. 202 X1.1 4'-8" ELEV. E201 X1.1 L1.3 07 5563; MODULAR VEGETATED ROOF COMPONENTS, SET ON ROOFING BAR 201 207 206 07 7600; ROOF PAVER SYSTEM RSA EXTENTS 37'-1 3/4" X1.1 08 4313; AL-FRAMED STOREFRONT, BLACK 201 FIRE PIT, ROUGH-IN W/ NATURAL GAS, 3/4" LINE (BASIS OF DESIGN: CORONADO CORTEN FIRE PIT, THE OUTDOOR PLUS, 96"X28", ELECT. IGNITION) - PROVIDE EMERGENCY GAS SHUT-OFF IN LOCATION APPROVED BY FIRE MARSHAL 202B CORR. 111 STAIR X201 HOSE BIB, COORD. W/ PLUMBING SUB CUST./STOR. X203 TW O-WAY COMMUNICATION DEVICE, TYP. NOTE: LOAD CAPACITY FOR EXISTING STRUCTURAL SYSTEM AT ROOFTOP TERRACE IS DEFINED ON S-001 SHEET NUMBER SHEET NAME PROJECT NO. OWNER PROJECT NAME CONSULTANTS © NEUMANN MONSON INC. Unauthorized copying, disclosure or construction without written permission by Neumann Monson Inc. is prohibited. ARCHITECT OF RECORD Neumann Monson Architects 221 East College Street | Suite 303 Iowa City, Iowa 52240 319.338.7878 111 East Grand Avenue | Suite 105 Des Moines, Iowa 50309 515.339.7800 ISSUE DATE DESCRIPTION M2B ENGINEERS STRUCTURAL ENGINEERING 422 2ND AVENUE SE, SUITE B CEDAR RAPIDS, IOW A 52401 (319) 364-0666 SE-100 RSA -SPECIAL EXCEPTION 18.114 TAILW IND GROUP 530 S FRONT ST #100 TAILWIND E COLLEGE ST DEVELOPMENT - REUNION BREWERY MANKATO, MN 56001 507.322.1200 BID SET03.01.2020 1/8" = 1'-0"A1 FLOOR PLAN -SECOND LEVEL FD FD MEN'S RESTROOM 206 ROOF TOP TERRACE (OUTDOOR) 211 WOMENS RESTROOM 207 PRIVATE DINING 202 CHILLERSTAIR X202 08 4333; 9'-0" OPERABLE WALL, NANAWALL OR SIM.X202202 X1.1204 X2034'-8" ELEV. E201 X1.1 L1.3 07 5563; MODULAR VEGETATED ROOF COMPONENTS, SET ON ROOFING BAR 201 POS207 206 07 7600; ROOF PAVER SYSTEM RSA EXTENTS 37'-1 3/4" X1.1211A 211B08 4313; AL-FRAMED STOREFRONT, BLACK 201 FIRE PIT, ROUGH-IN W/ NATURAL GAS, 3/4" LINE (BASIS OF DESIGN: CORONADO CORTEN FIRE PIT, THE OUTDOOR PLUS, 96"X28", ELECT. IGNITION) - PROVIDE EMERGENCY GAS SHUT-OFF IN LOCATION APPROVED BY FIRE MARSHAL 202B CORR. 111 STAIR X201 HOSE BIB, COORD. W/ PLUMBING SUB201ACUST./STOR. X203 TW O-WAY COMMUNICATION DEVICE, TYP. NOTE: LOAD CAPACITY FOR EXISTING STRUCTURAL SYSTEM AT ROOFTOP TERRACE IS DEFINED ON S-00138'-9 3/8"6'-1 1/2"FUTURE TOWER 103 E COLLEGE ST OW NER: THE MOEN GROUP ZONE: CB-10 109 E COLLEGE ST. OW NER: TAILW IND COLLEGE STREET, LLC ZONE: CB-10 111 E COLLEGE ST. OW NER: TAILW IND COLLEGE STREET, LLC ZONE: CB-10 115 E COLLEGE ST. OW NER: TAILW IND COLLEGE STREET, LLC ZONE: CB-10 PEDESTRIAN MALL (COLLEGE ST.) OW NER: CITY OF IOW A CITY ALLEY OW NER: CITY OF IOW A CITY BOUNDARY OF RSA ON LEVEL 2 150'-0" (CURRENT PLATTING)19'-4" (CURRENT PLATTING)38'-9" (CURRENT PLATTING)21'-4 3/4"1/8" = 1'-0"A4 SITE PLAN -REUNION BREWERY July 14, 2021 Board of Adjustment Meeting EXC21-0008 ATTACHMENT 4 Special Exception Application Submitted by the Applicant Project Description: Under current code a Rooftop Service Area is allowed as a provisional accessory use in the CB-10 zoning district when operated with an eating establishment provided the rooftop area has an occupancy limit of 50 people or less (Table 4C-2 of 14-4C-2AA ). A separate Design Review application is necessary to complete this review (14-3C-3A-10). If the occupant load is greater than 50, as determined by the building code, a Special Exception from the Board of Adjustment is required. In addition, any rooftop service area accessory to a use that is licensed by the State to sell alcoholic beverages is also considered a type of Outdoor Service Area and regulated by Title 4, "Alcoholic Beverages", of the City Code. The proposed RSA for Reunion Brewery allows for 97 occupants, and therefore requires a Special Exception Review. FD FD MEN'S RESTROOM 206 ROOF TOP TERRACE (OUTDOOR) 211 WOMENS RESTROOM 207 PRIVATE DINING 202 STAIR X202 08 4333; 9'-0" OPERABLE WALL, NANAW ALL OR SIM. 202 X1.1 4'-8" ELEV. E201 X1.1 L1.3 07 5563; MODULAR VEGETATED ROOF COMPONENTS, SET ON ROOFING BAR 201 207 206 07 7600; ROOF PAVER SYSTEM RSA EXTENTS 37'-1 3/4" X1.1 08 4313; AL-FRAMED STOREFRONT, BLACK 201 FIRE PIT, ROUGH-IN W/ NATURAL GAS, 3/4" LINE (BASIS OF DESIGN: CORONADO CORTEN FIRE PIT, THE OUTDOOR PLUS, 96"X28", ELECT. IGNITION) - PROVIDE EMERGENCY GAS SHUT-OFF IN LOCATION APPROVED BY FIRE MARSHAL 202B CORR. 111 STAIR X201 HOSE BIB, COORD. W/ PLUMBING SUB CUST./STOR. X203 TW O-WAY COMMUNICATION DEVICE, TYP. NOTE: LOAD CAPACITY FOR EXISTING STRUCTURAL SYSTEM AT ROOFTOP TERRACE IS DEFINED ON S-001 SHEET NUMBER SHEET NAME PROJECT NO. OWNER PROJECT NAME CONSULTANTS © NEUMANN MONSON INC. Unauthorized copying, disclosure or construction without written permission by Neumann Monson Inc. is prohibited. ARCHITECT OF RECORD Neumann Monson Architects 221 East College Street | Suite 303 Iowa City, Iowa 52240 319.338.7878 111 East Grand Avenue | Suite 105 Des Moines, Iowa 50309 515.339.7800 ISSUE DATE DESCRIPTION M2B ENGINEERS STRUCTURAL ENGINEERING 422 2ND AVENUE SE, SUITE B CEDAR RAPIDS, IOW A 52401 (319) 364-0666 SE-100 RSA -SPECIAL EXCEPTION 18.114 TAILW IND GROUP 530 S FRONT ST #100 TAILWIND E COLLEGE ST DEVELOPMENT - REUNION BREWERY MANKATO, MN 56001 507.322.1200 BID SET03.01.2020 1/8" = 1'-0"A1 FLOOR PLAN -SECOND LEVEL FD FD MEN'S RESTROOM 206 ROOF TOP TERRACE (OUTDOOR) 211 WOMENS RESTROOM 207 PRIVATE DINING 202 CHILLERSTAIR X202 08 4333; 9'-0" OPERABLE WALL, NANAWALL OR SIM.X202202 X1.1204 X2034'-8" ELEV. E201 X1.1 L1.3 07 5563; MODULAR VEGETATED ROOF COMPONENTS, SET ON ROOFING BAR 201 POS207 206 07 7600; ROOF PAVER SYSTEM RSA EXTENTS 37'-1 3/4" X1.1211A 211B08 4313; AL-FRAMED STOREFRONT, BLACK 201 FIRE PIT, ROUGH-IN W/ NATURAL GAS, 3/4" LINE (BASIS OF DESIGN: CORONADO CORTEN FIRE PIT, THE OUTDOOR PLUS, 96"X28", ELECT. IGNITION) - PROVIDE EMERGENCY GAS SHUT-OFF IN LOCATION APPROVED BY FIRE MARSHAL 202B CORR. 111 STAIR X201 HOSE BIB, COORD. W/ PLUMBING SUB201ACUST./STOR. X203 TW O-WAY COMMUNICATION DEVICE, TYP. NOTE: LOAD CAPACITY FOR EXISTING STRUCTURAL SYSTEM AT ROOFTOP TERRACE IS DEFINED ON S-00138'-9 3/8"6'-1 1/2"FUTURE TOWER 103 E COLLEGE ST OW NER: THE MOEN GROUP ZONE: CB-10 109 E COLLEGE ST. OW NER: TAILW IND COLLEGE STREET, LLC ZONE: CB-10 111 E COLLEGE ST. OW NER: TAILW IND COLLEGE STREET, LLC ZONE: CB-10 115 E COLLEGE ST. OW NER: TAILW IND COLLEGE STREET, LLC ZONE: CB-10 PEDESTRIAN MALL (COLLEGE ST.) OW NER: CITY OF IOW A CITY ALLEY OW NER: CITY OF IOW A CITY BOUNDARY OF RSA ON LEVEL 2 150'-0" (CURRENT PLATTING)19'-4" (CURRENT PLATTING)38'-9" (CURRENT PLATTING)21'-4 3/4"1/8" = 1'-0"A4 SITE PLAN -REUNION BREWERY ROOFTOP SERVICE AREA MAX. OCCUPANT LOAD: 97 FDFD UP WH DN UP UP UP FD FD WATER/SPRINK. 010 STAIR X001 OFFICE/STOR. 003 UP FEC FEC ELEV. E001 ELEV. MACH. EM01 5'-1 1/2"26'-8" X001 EXIST. COLD STORAGE EM01 STOR. 006 POS (BAR EQUIPMENT) COLD STORAGE, BY OWNER TRENCH BEER LINES FROM COLD STORAGE 7'-1 1/8" 05 1200; STRUCT. STEEL COLUMN, PAINT (PNT-3) 7 5/8" TW O-WAY COMMUNICATION DEVICE, TYP. WOMEN'S RESTROOM 004 MEN'S RESTROOM 005 BAR 001 BREW HAUS 104 OPEN TO BELOW VESTIBULE 101 DINING 107 4'-0" 1:12 SLOPE EXIST. FDC X101 MILLING/STOR. 106 KITCHEN 108 POS (BAR EQUIPMENT) X102 PREP KITCHEN 180 ELEV E101 BREWERY SEATING 102 104 X100 EQ 2'-6"4'-6"2'-6"4'-7 1/2"2'-6"4'-6"2'-6"EQ 4'-6 1/2"1'-0" (ALIGN) (ALIGN) EXIST. HOOD FROM SOUTH KITCHEN TO BE RELOCATED HERE (KITCHEN EQUIP. PROVIDED BY OW NER) (DISH EQUIP. PROVIDED BY OW NER) DISH ROOM 109 4'-1 5/8" EXIST. COLD STORAGE ALIGN 11 5/8" MEN'S RESTROOM 206 ROOF TOP TERRACE (OUTDOOR) 211 WOMENS RESTROOM 207 PRIVATE DINING 202 STAIR X202 202 4'-8" ELEV. E201 BAR 201 207 206 37'-1 3/4" 05 1200; STRUCT. SLEEPERS TYP. 2'-0" 201 FIRE PIT LOCATIONS 202B CORR. 111 STAIR X201 WOOD SIDING ON FURRING, ALIGN WITH FACE OF EXT. WALL HOSE BIB, COORD. W/ PLUMBING SUB CUST./STOR. X203 11 5/8" TW O-WAY COMMUNICATION DEVICE, TYP. NOTE: LOAD CAPACITY FOR EXISTING STRUCTURAL SYSTEM AT ROOFTOP TERRACE IS DEFINED ON S-001 VEGETATED ROOF SHEET NUMBER SHEET NAME PROJECT NO. OWNER PROJECT NAME CONSULTANTS © NEUMANN MONSON INC. Unauthorized copying, disclosure or construction without written permission by Neumann Monson Inc. is prohibited. ARCHITECT OF RECORD Neumann Monson Architects 221 East College Street | Suite 303 Iowa City, Iowa 52240 319.338.7878 111 East Grand Avenue | Suite 105 Des Moines, Iowa 50309 515.339.7800 ISSUE DATE DESCRIPTION M2B ENGINEERS STRUCTURAL ENGINEERING 422 2ND AVENUE SE, SUITE B CEDAR RAPIDS, IOW A 52401 (319) 364-0666 SE-101 FLOOR PLANS 18.114 TAILW IND GROUP 530 S FRONT ST #100 TAILWIND E COLLEGE ST DEVELOPMENT - REUNION BREWERY MANKATO, MN 56001 507.322.1200 BID SET03.01.2020 1/8" = 1'-0"A1 FLOOR PLAN -BASEMENT 1/8" = 1'-0"A3 FIRST LEVEL FLOOR PLAN 1/8" = 1'-0"A5 FLOOR PLAN -SECOND LEVEL Must include: submit a design plan with the application for an RSA that, at a minimum, specifies and illustrates the proposed size, dimensions, setbacks from adjacent buildings and roof edges, occupancy load, layout, landscaping elements, access routes, elevator, and accessible bathrooms. RSAs shall meet the following minimum standards. If a special exception is required, the board of adjustment may impose additional or more restrictive conditions to mitigate any anticipated externalities, including, but not limited to, restrictions on hours of operation, lighting, size, occupancy load, and setback and screening requirements. EGRESS ROUTE EGRESS ROUTE ADA RESTROOMS ROOFTOP SERVICE AREA MAX. OCCUPANT LOAD: 97 ADA RESTROOMS ELEV. FOR ACCESSIBLE EGRESS ELEV. FOR ACCESSIBLE EGRESS ELEV. FOR ACCESSIBLE EGRESS EGRESS ROUTE EGRESS ROUTE EGRESS ROUTEEGRESS ROUTE EGRESS ROUTE (KITCHEN STAFF) EGRESS ROUTE (KITCHEN STAFF) EGRESS ROUTE EGRESS ROUTE PRIVATE DINING 202 ROOF TOP TERRACE (OUTDOOR) 211 WOMENS RESTROOM 207 MEN'S RESTROOM 206 2' x 2' ACT 9'-0" A.F.F. 2' x 2' ACT 9'-0" A.F.F. GWB 10'-0" A.F.F. EXTERIOR STRING LIGHTS, DIMMABLE EXP. 3 EQ SPACES 28'-0 3/8" VIF 4'-9 3/4" EXP. 10'-0" VIF 2'-4" VIF 9'-7" PENDANT, TYP., 8'-0" A.F.F. SURFACE MOUNTED DOWNLIGHT, TYP. SHEET NUMBER SHEET NAME PROJECT NO. OWNER PROJECT NAME CONSULTANTS © NEUMANN MONSON INC. Unauthorized copying, disclosure or construction without written permission by Neumann Monson Inc. is prohibited. ARCHITECT OF RECORD Neumann Monson Architects 221 East College Street | Suite 303 Iowa City, Iowa 52240 319.338.7878 111 East Grand Avenue | Suite 105 Des Moines, Iowa 50309 515.339.7800 ISSUE DATE DESCRIPTION M2B ENGINEERS STRUCTURAL ENGINEERING 422 2ND AVENUE SE, SUITE B CEDAR RAPIDS, IOW A 52401 (319) 364-0666 SE-102 ROOF LIGHTING PLAN 18.114 TAILW IND GROUP 530 S FRONT ST #100 TAILWIND E COLLEGE ST DEVELOPMENT - REUNION BREWERY MANKATO, MN 56001 507.322.1200 BID SET03.01.2020 1/8" = 1'-0"C5 RCP -SECOND LEVELEXTERIOR STRING LIGHTS SINGLE LIGHT LUMEN OUTPUT = 42 LUMENS TOTAL OUTPUT OF LIGHTING LAYOUT = 6,500 LUMENS (LIGHTS SPACED AT 24" O.C.) BOUNDARY OF ROOFTOP SERVICE AREA Special Exception Criteria and Responses for Reunion Brewery RSA – 111 E College Street Accessibility: The RSA shall meet all building and fire code requirements, be ADA compliant, include elevator service, and have accessible restrooms provided. The RSA will be located on the 2nd story of the building and will be fully accessible. (2) Accessible restrooms serve the RSA on the second level, and an elevator at the north end of the building provides accessible access and egress for the space. Design: The RSA shall be designed in an attractive manner that will not detract from adjacent uses, and will prevent nuisance and safety issues. The applicant shall submit a design plan with the application for an RSA that, at a minimum, specifies and illustrates the proposed size, dimensions, setbacks from adjacent buildings and roof edges, occupancy load, layout, landscaping elements, access routes, elevator, and accessible bathrooms. RSAs shall meet the following minimum standards. If a special exception is required, the board of adjustment may impose additional or more restrictive conditions to mitigate any anticipated externalities, including, but not limited to, restrictions on hours of operation, lighting, size, occupancy load, and setback and screening requirements. (1) The RSA shall be located directly adjacent to or above the use to which it is accessory and there shall not be other uses located on floors in between the RSA and the use to which it is accessory. The RSA is directly adjacent and accessory to the establishment it’s associated with. No other uses other than the Reunion Brewery are part of the associated building or RSA. (2) The RSA must be set back from adjacent upper floor uses and the edge of the roof and screened and completely enclosed within a decorative fence or wall built of high quality, durable materials. Landscaping elements, such as planters and green roofs, may be used to soften views or provide a buffer. The setback and screening must be established in a manner that will not unduly block light, air, or outdoor views from upper floor windows on abutting buildings. The RSA is setback 24’-0” from the front façade on the Pedestrian Mall and is separated from the front façade by an interior dining space that has a height of roughly 17’-0”. The south boundary of the RSA is 6’-0” north of an exterior masonry wall that extends roughly 16’-0” above the roof patio. The masonry wall has wood windows, fixed in place, in accordance with Historic Preservation Requirements. The east and west boundaries of the RSA are enclosed by existing building party walls rising 16’-0” above the RSA floor level. (3) The RSA must be set back a minimum of ten feet (10') from the street facing edge of the roof. A smaller buffer between the RSA and the roof parapet or guardrail may be allowed, provided the buffer is determined to adequately address public safety. The buffer and screen wall shall be of a sufficient depth and/or height and constructed of attractive, durable materials that may also include landscaping elements to prevent persons from leaning or dropping things over the parapet or guardrail that encloses the terrace or rooftop. A design of the proposed buffer and screen wall shall be submitted with the application. The RSA is setback 24’-0” from the front façade on the Pedestrian Mall (street facing edge) and is separated from the front façade by an interior dining space that has a height of roughly 17’-0”. The south boundary of the RSA is 6’-0” north of an exterior masonry wall that extends roughly 16’-0” above the roof patio. The masonry wall has wood windows, fixed in place, in accordance with Historic Preservation Requirements. The east and west boundaries of the RSA are enclosed by existing building party walls rising 16’-0” above the RSA floor level. (4) The lighting must comply with chapter 5, article G, "Outdoor Lighting Standards", of this title. Except for any lighting required by the building code, lights must be turned off when the RSA is not in operation. A lighting plan shall be submitted that illustrates compliance with these standards. In section 14-5G-4: Physical Controls – light fixtures located farther than 300’-0” from Riverfront Crossings Zone must not be higher than 35’-0” above grade. The light fixtures will be located within the CB-10 zone in the CBD, and will be farther than 300’-0” from the nearest Riverfront Crossings zone. Light fixtures for the RSA will be mounted at 32’-0” above grade. Bulbs are roughly 42 Lumens each and are not required to be shielded, however the fixtures provided will have canopies on each bulb so no light will be directed upward. The total output of the fixtures with in the RSA will be 6,500 Lumens, less than the 200,000 Lumens for shielded fixtures. (5) No signs shall be allowed in or on the exterior wall or fence of the RSA that are within public view, as defined in chapter 9, article A of this title. No signs will be present within the RSA space, though a logo-based mural is planned for the east wall of the RSA. This will have zero visibility from public ways, and very minimal visibility from a few units in the adjacent Tailwind Apartment Building and Whiteway 2000 apartment buildings. b. Management: (1) For RSAs that are also outdoor service areas, as defined in title 4 of this code, there must be an RSA management plan in place and at least one employee must be designated to monitor the safety and compliance of the RSA during hours of operation. The proposed management plan shall be submitted with the application. If nuisance or safety issues arise, the city may require immediate changes to the management plan and/or the number of monitors to remedy the situation and reserves the right to suspend or revoke the RSA permit. A management plan is attached to this application. (2) In the CB-10 zone, where the building containing the RSA abuts or is directly across a public alley from a property containing upper floor residential uses or hotel rooms that have windows facing the RSA, the hours of operation of the RSA are limited to ten o'clock (10:00) A.M. to ten o'clock (10:00) P.M. Sunday through Thursday and ten o'clock (10:00) A.M. to twelve o'clock (12:00) midnight Friday and Saturday. The RSA does not abut or share a public alley with a residential building. c. Food Service: If alcohol is being served, food service must be provided. Prior to approval of an RSA, the applicant must submit evidence indicating how this requirement will be met. This information is provided in the management plan. d. Noise: The design of the RSA must minimize the carry of noise across property boundaries. Use of specialized screen wall materials, sound deadening techniques, or similar, may be required. Evidence of such a noise mitigation plan must be included with an RSA application. In addition, after an RSA is established, the city reserves the right to require additional measures to remedy any violation of the city's noise or nuisance ordinance, as determined by the city. All four sides of the RSA will be bounded by solid 16’-0” architectural walls or higher, at the second level of the building. No amplified sound will be present on the exterior space, unless requested through permit. 14-4C-2AA-1f. Amplified Sound: Due to the potential nuisance to neighboring properties and the general public in the surrounding neighborhood, amplified sound is only allowed for RSAs associated with hospitality oriented retail uses in the RFC-SD subdistrict and for RSAs in the CB-10 zone, subject to the limitations set forth below. RSAs accessory to hospitality oriented retail uses are not required to obtain a temporary use permit, but must comply with the city's noise and nuisance ordinance, and the standards stated below. Amplified sound is only allowed for an RSA in the CB-10 zone upon receipt of a seasonal temporary use permit, unless it is accessory to a hospitality oriented use. Permits for amplified sound are subject to the standards and restrictions set forth below and the general approval criteria for temporary uses as set forth in article D of this chapter. A temporary use permit may be denied or rescinded at the discretion of the city if noise becomes a nuisance or terms of the temporary use permit or the special exception conditions are violated. (1) If an RSA is located within three hundred feet (300') of a residential zone, amplified sound is prohibited; The RSA is not within 300’-0” of a residential zone. (2) The city may restrict the hours when amplified sound may be used. However, in no case shall amplified sound be permitted between the hours of twelve o'clock (12:00) midnight and ten o'clock (10:00) A.M. OK (3) No live entertainment using amplification shall be allowed OK (4) Amplified sound may be restricted or prohibited during public events, festivals or concerts OK (5) The applicant must demonstrate to the satisfaction of the city that the design of the RSA will minimize carry of noise across property boundaries. Use of specialized screen wall materials, sound deadening techniques, control of volume, or similar may be required. The RSA is surrounded on all sides by a minimum of 16’-0” tall architectural walls of masonry or glass. This will significantly reduce the potential for sound to travel out beyond the boundaries of the RSA. 14-4C-2AA-2. Additional Special Exception Approval Criteria For Nonconforming Drinking Establishments: An RSA accessory to a nonconforming drinking establishment may be allowed by special exception provided it meets the general approval criteria for special exceptions set forth in section 14- 4B-3 of this chapter, the approval criteria stated above for all RSAs and the additional approval criteria listed below: a. The RSA shall be located directly above and contiguous to the licensed drinking establishment. Contiguous means there may not be other uses located on floors in between the drinking establishment and the accessory RSA. The RSA is directly above, and continuous to the drinking establishment. b. There shall be no horizontal expansion of the licensed drinking establishment. OK c. There shall be no increase in interior floor area or interior occupant load of the existing drinking establishment, except if necessary for required bathrooms, elevator, stairs, kitchen equipment, or other essential elements necessary to meet accessibility, building code requirements or to meet the requirements or conditions of the special exception. The RSA and associated building are designed to meet all necessary building code and accessibility requirements, and the presence of the RSA does not increase the interior floor area or interior occupant load. Special Exception Criteria and Responses for Non-Conforming Drinking Establishments Reunion Brewery RSA – 111 E College Street Additional Special Exception Approval Criteria For Nonconforming Drinking Establishments: An RSA accessory to a nonconforming drinking establishment may be allowed by special exception provided it meets the general approval criteria for special exceptions set forth in section 14-4B-3 of this chapter, the approval criteria stated above for all RSAs and the additional approval criteria listed below: a. The RSA shall be located directly above and contiguous to the licensed drinking establishment. Contiguous means there may not be other uses located on floors in between the drinking establishment and the accessory RSA. The RSA is directly adjacent and accessory to the establishment it’s associated with. No other uses other than the Reunion Brewery are part of the associated building or RSA. b. There shall be no horizontal expansion of the licensed drinking establishment OK c. There shall be no increase in interior floor area or interior occupant load of the existing drinking establishment, except if necessary for required bathrooms, elevator, stairs, kitchen equipment, or other essential elements necessary to meet accessibility, building code requirements or to meet the requirements or conditions of the special exception. OK General Criteria (14-4B-3A): 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The proposed exception will not endanger the public health, safety, comfort or general welfare. The projects intent is to return vibrancy and life to a building that’s sat empty on the pedestrian mall for almost 10 years. The use is consistent with other establishments in the area and will positively contribute to the hospitality market along College Street. 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. The use allowed through the proposed exception will likely add value to surrounding properties by refurbishing and activating two empty buildings within the Central Business District. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. The proposed special exception is embedded within an existing building and will not impede upon developments or improvements to surrounding properties or structures. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Yes 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. The property is located on a pedestrian street with no vehicular traffic. 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. Yes. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. As located within the Central Business District and within a burgeoning arts and entertainment corridor of downtown, the use of the proposed exception meets the intent of the Comprehensive Plan of the City. If the RSA is going to serve alcohol, it will also be subject to the following standards located at 4-3-1C, which would be considered under general criteria 14-4B-3A-6: 1. Location Restrictions: a. An outdoor service area must be located on private property and may not encroach on the public right of way. The outdoor service area is located on private property and does not encroach on the public right of way. b. An outdoor service area shall not be located on any side of a licensed establishment which fronts on a street unless the outdoor service area is being operated in conjunction with a "restaurant" as defined in section 4-1-1 of this title. The outdoor service area does not front or abut a public street. RESTAURANT: A business whose primary function is the service of food to customers and which meets the following criteria: A. Prepares meals on the premises and provides meal service to each floor of the premises which is open to the public while the kitchen is open; B. Has a food service menu from which customers may order; C. Has an employee whose primary duty is the preparation of food and an employee whose primary duty is to serve food to customers; D. Has a kitchen separate from the bar equipped with adequate cooking equipment; adequate hood ventilation system that complies with state/local fire and building codes; two 3- compartment sinks or a commercial dish machine; adequate food storage, refrigeration, and holding equipment. Kitchen must met basic food requirements of a full-service food establishment as certified by the Johnson County Health Department; E. Operates the restaurant service during at least sixty percent (60%) of the hours that the business is open to the public; and F. Holds itself out to be a restaurant and advertises itself as a restaurant if it advertises. G. Includes a cafe, cafeteria, coffee shop, delicatessen, ice cream shop, lunchroom, or tearoom. c. An outdoor service area must be immediately adjacent to the licensed establishment of which it is a part. The outdoor service area is immediately adjacent to the licensed establishment. d. An outdoor service area may be located on a rooftop if it is in compliance with the standards of this title and the applicable standards and approval processes for rooftop service areas, as set forth in title 14, chapter 4, article C, "Accessory Uses And Buildings", of this code. Note that a special exception may be required. The outdoor service area is on the second level of the building below the existing roof of the structure. The space meets the requirements for rooftop service areas except for the occupant load being applied for in this application. e. An outdoor service area is permissible in any central business zone, according to the provisions of this chapter. The property is located within the Central Business District. 2. Screening From Public View: Outdoor service areas are required to provide a permanent decorative fence or other suitable barrier at least three feet (3') in height but no more than eight feet (8') in height which is detectable by persons who are visually impaired. The entire service area is on the second level of a building surrounded by full-height structural walls. This requirement does not apply and is accessible and detectable to persons who are visually impaired. 3. Exits: Emergency exits shall comply with all building, housing and fire codes. It does and has passed a building permit review. 4. Occupancy Limits: The owner or operator of an outdoor service area shall be required to observe the same per square foot occupancy limits that apply to the building which it abuts. The occupancy limit for each outdoor service area shall be determined by the city building official. In the event inclement weather requires early closing of the outdoor service area, the licensee or permittee shall not allow patrons of the outdoor service area to enter that portion of the licensed premises housed in the adjacent building if to do so would result in exceeding the occupancy limits therefor as determined by the city building official. The occupant load has been reviewed and approved from a building code standpoint, the current application is requesting an exception for to allow for the building code-approved occupant load which is greater than the current approved occupant load for RSA’s. 5. Noise Restrictions: Compliance with the city noise ordinance shall be required. A noise mitigation plan outlining the techniques to be used to minimize the carry of noise across property boundaries shall be included with the outdoor service area application. The outdoor service area shall be designed to minimize the carry of noise outside the outdoor service area through the use of specialized screen wall materials, sound deadening techniques, placement and orientation of speakers, control of volume, or similar. The plan shall include anticipated decibel levels and note how the volume will be controlled. After an outdoor service area is established, the city reserves the right to require additional noise minimization techniques. Amplified sound shall be prohibited in outdoor service areas, except as allowed by title 14, chapter 4, articles C and D of this code. The operator understands the constraints of the noise restrictions and has acknowledged this in their management plan attached to the application. 6. Advertising And Signs: Additional advertising or identification signage beyond that permitted for the main licensed establishment shall not be permitted. No signs are included within the RSA, however an unlit mural containing the establishments logo is planned for the east interior wall of the RSA. 7. Compliance With City And State Provisions: Outdoor service areas shall comply with appropriate building, housing and fire codes and with all other applicable state and city laws. OK List of Neighboring Properties within 300' of the exterior limits of the propertyAddress Property Class Parcel Numbers Mailing Names Mailing Address 1 Mailing Address 2 Mailing CityMailing Zip Code104 S Clinton StreetC 1010378016MidwestOne Bank 104 S Clinton StIowa City 52240111 E Washington StreetC 1010378011Old Younkers Building LLC221 E Burlington StIowa City  52240113 E Washington StreetC 1010378010Old Younkers Building LLC221 E Burlington StIowa City  52240115 E Washington StreetC 1010378009Old Younkers Building LLC221 E Burlington StIowa City  52240119 E Washington StreetC 1010378008Old Capitol View LLC222 E Burlington StIowa City  52240121 E Washington StreetC 1010378007Old Capitol View LLC223 E Burlington StIowa City  52240123 E Washington StreetC 1010378006Old Capitol View LLC224 E Burlington StIowa City  52240129 E Washington StreetC 1010378001University of Iowa Facilities CorporationOne West Park Rd P.O. Box 4550 Iowa City 52244101 S Dubuque StreetC ‐‐ Herteen & Stocker Jewelers ‐‐ ‐‐ ‐‐ ‐‐105 S Dubuque StreetC ‐‐ Ten Thousand Villages‐‐ ‐‐ ‐‐ ‐‐125 E Washington StreetC‐‐‐‐‐‐‐‐‐‐‐‐127 E Washington StreetC ‐‐ Subway ‐‐ ‐‐ ‐‐ ‐‐109 S Dubuque StreetC 1010378002University of Iowa Facilities CorporationOne West Park Rd P.O. Box 4550 Iowa City 52244111 S Dubuque StreetC, M 1010378028Kosa, John S no street address listed P.O. Box 1700 Iowa City 52244‐1700111 S Dubuque Street‐‐ Dandy Lion ‐‐111 1/2 S Dubuque Street  ‐‐ ‐‐115 S Dubuque Street‐‐ Pitaya ‐‐115 1/2 S Dubuque Street  ‐‐ ‐‐125 S Dubuque StreetC 1010386005Ambrose, Gerry  250 12th Avenue  Suite 150 Coralville 52241130 S Dubuque StreetC 1010377014City of Iowa City 410 E Washington StreetIowa City 52240136 S Dubuque StreetC 1010377013City of Iowa City 410 E Washington StreetIowa City 52240123 S Linn StreetC 1010377012City of Iowa City 410 E Washington StreetIowa City 52240210 S Dubuque Street  C 1010380003Graduate Iowa City Owner, LLC 133 North Jefferson Street4th FloorChicago, IL60661213 E College StreetC The Gym ‐‐220 S Dubuque StreetC 1010380002City of Iowa City 410 E Washington StreetIowa City 52240229 S Dubuque StreetR 1010398051229 S Dubuque LLC414 E Market Street Iowa City 52245227 S Dubuque StreetSoseki Café ‐‐180 E Burlington Street La Wine Bar & Restaurant‐‐182 E Burlington Street‐‐184 E Burlington Street Estela's Fresh Mex ‐‐301 S Dubuque StreetC 1010384001301 Holdings LLC711 S Gilbert StreetIowa City 52240325 S Dubuque StreetC 1010384014City of Iowa City 410 E Washington StreetIowa City 52240325 S Dubuque StreetCadence Academy ‐‐345 S Dubuque Street‐‐150 E Court StreetCourt Street Transportation Center‐‐152 E Court StreetHieronmy Partners ‐‐170 E Court StreetGreyhound Bus ‐‐120 E Burlington StreetC 1010380018VLM Enterprises LLC 1916 Maple CircleWest Des Moines 50265C 1010380017‐‐C 1010380016City of Iowa City 410 E Washington StreetIowa City 52240102 E Burlington StreetC 1010380015Moen Trust (Moen, Marc B)221 E College Street  #1301 Iowa City 52240314 S Clinton Street Unit S‐100C 1010399047Hieronymus Square Developers, LCC711 S Gilbert StreetIowa City 52240105 E Burlington Street ‐‐125 E Burlington Street‐‐300 S Clinton Street ‐‐220 S Clinton Street  C 1010379002City of Iowa City 410 E Washington StreetIowa City 52240200 S Capitol StreetC 1010392006University of Iowa Facilities CorporationOne West Park Rd P.O. Box 4550 Iowa City 52244201 S Clinton Street228 S Clinton StreetC, M 1010380014Moen, Marc B; Jett, Robert J; Moen, Michael S221 E College Street  #1301 Iowa City 52240228 S Clinton StreetStarbucks ‐‐226 S Clinton Street‐‐224 S Clinton Street C 1010380013Novotny Trust (Novotny, Leland and Novotny, Gene)221 E College Street  #1105 Iowa City 52240210 S Clinton StreetR 1010389041Moen Trust (Moen, Marc B; Jett, Robert J)221 E College Street  #1301 Iowa City 52240212 S Clinton Street‐‐132 S Clinton StreetC 1010378020132 S Clinton St, LLC105 5th StreetCoralville 52241108 E College StreetSauce ‐‐ 132 S Clinton StreetYotopia ‐‐138 S Clinton StreetC 1010378019138 S Clinton St LLC428 Westcor Drive Coralville 52241124 S Clinton StreetC 1010378018Pieper, Mark R 1243 Devon Drive NEIowa City 52240114 S Clinton StreetC 1010378017TSB Holdings LLC250 12th Avenue Suite 150 Coralville 52241114 S Clinton StreetCactus 3‐‐118 S Clinton StreetPints|University of Iowa Grant Accounting Office‐‐103 E College StreetC 1010380010The Moen Group 221 E College Street  #1301 Iowa City 52240105 E College StreetSculpt ‐‐109 E College Street  C 1010380009Tailwind College Street LLC530 South Front StreetSuite 100 Mankato, MN 56001111 E College StreetC 1010380008Tailwind College Street LLC530 South Front StreetSuite 100 Mankato, MN 56001115 E College StreetC,M 1010380007Tailwind College Street LLC530 South Front StreetSuite 100 Mankato, MN 56001113 E College Street‐‐113 1/2 E College Street‐‐115 E College StreetGraze ‐‐117 E College StreetC 1010380006Tailwind College Street LLC530 South Front StreetSuite 100 Mankato, MN 56001117 E College StreetRevival ‐‐119 E College Street‐‐123 E College Street‐‐121 E College Street  C 1010380005Tailwind College Street LLC530 South Front StreetSuite 100 Mankato, MN 56001125 E College StreetC,M 1010380004Tailwind College Street LLC530 South Front StreetSuite 100 Mankato, MN 56001127 E College Street 118 E College StreetC 1010378024Moen, Marc B; Jett, Robert J 221 E College Street  #1301 Iowa City52240114 E College Street  C 1010378023Mondanaro, James B 225 S Linn St  Iowa City 52240114 E College Street TCB Pool Hall ‐‐114 1/2 E College StreetBarker Companies|Artificer Tattoo|O'brien Studios|Jesse Piano Studios|B Art Gallery‐‐112 E College Street  C, M 1010378022Mondanaro, James B 221 E College Street  #1105 Iowa City 52240112 E College Street Iowa City Burger Haul ‐‐112 1/2 E College Street‐‐110 E College Street  C, M 1010378021One Ten Properties LLC115 Iowa Avenue Iowa City 52240110 E College Street Donnelly's Pub ‐‐110 1/2 E College Street ‐‐ Legal Description of Property (Property is currently being re-platted with the rest of the Tailwind Development, the descriptions provided below are the property descriptions for 109 and 111 E College prior to development.) 109 E College St: IOWA CITY (ORIGINAL TOWN) W 19.3' LOT 3 BLK 82 111 E College St.: IOWA CITY (ORIGINAL TOWN) E 38.75' OF W 58.05' LOT 3 BLK 82 July 14, 2021 Board of Adjustment Meeting EXC21-0009 ITEM 3D ON THE AGENDA Deferral Memo Prepared by Staff Date: July 9, 2021 To: Board of Adjustment From: Kirk Lehmann, AICP, Associate Planner, Neighborhood & Development Services Re: Deferral of Special Exception Application at 21 S. Linn Street (EXC21-0009) Background The applicant, CA Ventures, has requested a special exception to reduce the minimum number of required parking spaces for the subject property at 21 S. Linn Street (EXC21-0009). The purpose of the parking reduction is to allow the redevelopment of the site into a 12-story, mixed use building with commercial and amenity space on the first floor and dwelling units above. The applicant is currently in the process of modifying their site plan and concept, which will require a resubmittal of certain application materials. The hearing on the application was initially scheduled for the July 14, 2021 Board of Adjustment meeting, and the Public Notice for this meeting included EXC21-0009 on the agenda. The applicant has requested deferring the application until the Board’s next meeting on August 11, 2021. Recommendation Once the site and concept are finalized, staff will be able to complete its review and make a recommendation. Because staff is not prepared to make a recommendation to Board of Adjustment at this time, staff recommends deferring EXC21-0009 until the August 11 meeting. July 14, 2021 Board of Adjustment Meeting PRELIMINARY MEETING MINUTES ITEM 4 ON THE AGENDA June 30, 2021 Prepared by Staff MINUTES PRELIMINARY BOARD OF ADJUSTMENT INFORMAL MEETING JUNE 30, 2021 – 5:15 PM MEMBERS PRESENT: Nancy Carlson, Amy Pretorius, Mark Russo MEMBERS ABSENT: Gene Chrischilles, Bryce Parker STAFF PRESENT: Sue Dulek, Kirk Lehmann OTHERS PRESENT: CALL TO ORDER: The meeting was called to order at 5:15 PM and roll call was taken. BOARD OF ADJUSTMENT TRAINING: Training for members of the Board of Adjustment on their role and procedures. Lehmann stated they will first talk a little bit about background to remind everyone what the Board’s role is and then will look at sample language, what to do, what not to do, and then some case examples and time for questions. Lehmann noted Carlson did submit a couple topics that she wanted staff to cover so they tried to integrate that into the presentation. Lehmann explained the Board of Adjustment is mandated by law and is a five-member panel appointed by City Council. It is a quasi-judicial panel, basically acting as a jury of peers for specific situations as enumerated in the Code, including if there are waivers from the Zoning Code. The Chair presides over meetings and staff assists by providing background standards and recommendations to help the Board with their decision and any possible conditions that might make sense. Because the Board is quasi-judicial if there is an appeal of a decision, it goes to court, it never goes before City Council, the Board is an extra layer of scrutiny above staff but below legislative decisions made by Council. Regarding the different types of cases and how they might play out, Lehmann explained there are special exceptions, which are explicitly enumerated in Code and are two kinds. Some are related to where certain uses are only allowed by special exception and some are related to standards where flexibility is provided if certain criteria are met. There are also two additional case types that are rarer, a variance is something not listed in the Code that they're asking for Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting is being held because a meeting in person is impossible or impractical due to concerns for the health and safety of Commission members, staff and the public presented by COVID-19. Board of Adjustment June 30, 2021 Page 2 of 8 flexibility on. Note, the City will likely be updating the Code as it relates to variances because they are strictly determined by State law and the City’s Code doesn't exactly match that. Staff will keep the Board updated when that happens. The other rare case is an appeal, if there's a decision that staff has made the applicant can come before the Board to make a decision and again the Board acts as a jury. Lehmann stated in terms of process, there's an application that staff reviews and informs the public about, they put a sign on the property, send letters to neighboring property owners, and put a notice in the newspaper, and then there's a public hearing and comment period held by the Board. Any comments that come to staff prior to the meeting will be included in the agenda packet, if received after the agenda packet is sent out, he will send them to the Board prior to the meeting and mention them in the staff presentation. Lehmann added another change that might be coming up this summer is staff is looking to expand the radius that they mail notice letters to. Right now it is 300 feet but Council has indicated a desire to expand that to 500 feet, Lehmann will keep the Board posted on that. Lehmann stated in the public hearing, the Board makes a decision which requires three votes to approve, if approved the application moves forward, if it's denied the applicant has the option to appeal to court. The Board does have the power to also approve with conditions, again staff recommends conditions that the Board can add to or subtract from as they see fit based on the factors being considered for that application. Dulek next went into more detail about the meeting process, all cases follow the same order, especially with special exceptions (appeals may be a little different). With special exceptions, the Chair explains to the public and everybody else what the item is then opens the public hearing. The public hearing is important because that's where the Board is gathering all the information, they do get some information ahead of time in the agenda packet, but the public hearing is where the Board hears from people opposed, people in favor, and what staff thinks. It is also the Board’s opportunity to gather that information and ask questions because once the Chair closes the public hearing the Board doesn’t have an opportunity to gather more information. Dulek said if during the public hearing the Board feels they need more information before they can make a decision, perhaps from another source or from the applicant, they need to keep the public hearing open and move to defer the application to the next meeting, where they can hear whatever other additional information is brought forward, and then the public hearing is closed. Dulek stressed that is very important, the public hearing must remain open if the Board wants more information. Also, while the public hearing is open that is not a time for the Board to start discussing what they think, or what is stronger or what is weaker or what's missing. The public hearing is a time for the Board to ask questions and gather information. Dulek stated the normal procedure is to start with the staff report, then sometimes the applicant wants to offer additional information, then anybody who's speaking in favor of the application and finally, anybody opposed to the application. At any time, the Board can ask questions of staff, the applicant, etc., but when all are done and the Board has all their information gathered and questions answered, the public hearing will be closed. After the public hearing is closed, someone other than the Chair moves the application, it doesn’t mean the person agrees with the application, they just need a motion so it can be discussed. Motions are always made in the affirmative, so there's a motion to approve the application and a second, and that simply puts it on the table so the Board may begin their deliberation. It may be a simple discussion of agreement with the application, or it may require going through all the standards again, sometimes it's one standard that’s holding up the decision. The Board can vote to approve or Board of Adjustment June 30, 2021 Page 3 of 8 approve with conditions. If there are not three votes in favor, the application is denied. Dulek noted a common question is when it is appropriate to ask a question and the answer is during the public hearing. Carlson asked what if there is a question about a clarification or if they need more information. Lehmann stated if there's more information needed, or more clarification, the Chair will ask others opinions before they close the public hearing. If board members want more information and want to defer, Lehmann noted they will also need a motion to defer and three people to vote to defer. Dulek added then at the beginning of the next meeting the Chair would just say the public hearing has remained open from the last meeting. Carlson asked what happens if during the Board discussion there is a question raised of needing more information. Dulek said if anyone is feeling there needs to be more information, that needs to be discussed before the public hearing is closed. Lehmann added at that point the Board member doesn’t have to say they have a concern about a specific issue, or a specific criteria, rather that as a Board member they feel like they need some additional information and would like to hear from X, Y & Z. Russo asked if the public hearing is extended or deferred, are the Board members subject to any additional protocol as they could be waiting months. Dulek answered it may not be a month, the Board could schedule a special meeting as soon as a few days later, but even if it does go until that next month’s meeting members of the Board can't talk to each other, or anyone about the case. Pretorius asked that for a deferral, someone other than herself has to make a motion and a second, but she is allowed to vote as Chair. Dulek confirmed that is correct. Dulek also noted she is at all meetings and will help the Board navigate through the process if it comes up. Pretorius asked another question about motions and Robert’s Rules and as Chair she can be involved in discussion but has limitations regarding motioning, however, does the Chair need to be the last person to comment. Dulek stated it is not required, but it's the Chair’s prerogative to do that. For example, the mayor often will wait and speak last, but it is not required, and the Chair can decide to talk whenever they’d like. Pretorius understands the thought process behind that as people actually look to the Chair as an authority figure and she doesn’t want her opinion to speak for everybody else in terms of clarifications or additional information. Lehmann said that's probably not an issue when it's not a conversation, it's more about trying to get additional information in the hearing similar to crossing a witness in a court case. It’s not as much about sharing your opinion, because your opinion comes out during the discussion. Lehmann next moved on to sample language and the “cheat sheets” that were included it in the agenda packet to help construct how to say things. He noted it is a little abstract in the examples, but it is important language for the findings of fact and/or adding and changing conditions. For example, if they want to change findings, and disagree with a finding that staff has made in the staff report, they could say “regarding item EXC21-0049 I concur with the findings set forth in the staff report of June 30, 2021 and conclude that the general and specific standards are satisfied with the one exception, I find that the proposed use will be detrimental to neighboring properties because the applicant has not proposed buffering to mitigate.” Lehmann Board of Adjustment June 30, 2021 Page 4 of 8 said they define the finding they want to address and then how they would change it so that the Board can adopt the findings with the changes. The findings could then continue with “I recommend the Board adopt the findings for approval with the following changes so it will not be detrimental to neighboring properties, with the condition that the applicant provide buffers”. Lehmann said by adding conditions they are stating they disagree and probably are going to vote against a given application because it doesn't meet that criteria unless there is a condition that will fix whatever they felt was missing before. Dulek added for certain factual findings with each standard, 98% of the time, no one's going to dispute those, it's just usually one issue that a member of the public or a board member is going to question so there's no reason really to go into all the findings and standards, just say by default you are fine with staff’s findings except…and call out the one particular standard you have an issue with, why you disagree, and what you propose should be done. For example, it may be to add the condition that they have to put in some buffer and add some trees, or it may have to do with lighting, etc. But they should always default to the staff report for the findings, otherwise they have to make their own findings and agree with them all for the record and quite frankly 95% plus are usually agreed to even when there's a reversal or somebody is unhappy. Carlson asked if they recommend and support staff findings and approve of the proposal, then it can go ahead and be approved. Dulek replied if there are not any changes proposed, they are just going to say they’ve heard what staff had to say and heard what the public has had to say and agree with staff as their findings. It is only when the Board disagrees with one of the findings that it has to be noted that you disagree with this particular finding because you don't think that criteria is met. Lehmann added all it takes is one criteria to be questioned for an application to be denied. For example, they had a case a couple months ago where Chrischilles disagreed with a couple findings and he chose the one that he thought was least supported and stated why he thought it was not met and that got three votes, which meant it was denied. Lehmann stated during the discussion a Board member should bring up all the concerns they have because some may ring true to others and if three agree, and it's got to be three, then there can be a motion to add a condition or change the finding. Dulek again noted she can help the Board through that process. Lehmann added as they're reviewing the staff report, if they have concerns, just make notes in the margin and pay attention to what that finding was that you have the biggest concerns with and the overarching criteria such as it is going to be detrimental to neighboring properties. Lehmann noted not only can the Board discuss if the criteria have been met, there's also adding or removing conditions. So when there are concerns, the Board can discuss them after the hearing is closed. The Board can talk about things that they think might make it okay or things that they don't think make it okay. That point is where you start to decide if the conditions that staff have recommended are good or if you think there are some that are missing. If you want to remove some that staff have incorporated, when you're motioning for approval, you would add on with conditions or approve it with no conditions. Lehmann stated another question was how much control the Board can expect to exert on private property. For example, how does this interact with traffic flow on private drives. He Board of Adjustment June 30, 2021 Page 5 of 8 explained the bottom line is, to be approved by special exception requires both general and specific criteria to be met. For example, if it is health and safety issue and it's required by Code it's fair game to say you don't think that this is a safe use. However, it must be tied to the special exception, if there is a case you would recommend denial of because you think that for example, parking on the other side of the property would look nicer, but there is no health or safety issue, that is not tied to a special exception criteria so it is not valid. Everything has to be tied to the approval criteria that is used for that request, either general or specific criteria. Lehmann noted there was also a question about the Board knowing boundaries of what they may be able to do. Staff can help navigate some of that but overall, it has to be proportional to the impact and it's got to be related to the special exception, those are the two primary tests. Carlson asked if Board members can ask questions of staff before the meeting if there is something they don't understand. Dulek said they can ask questions, but staff won't answer them until the meeting where they will answer them to the whole group. Lehmann added everything must be part of the public record, so usually it's just easier to wait until the public hearing and ask during the hearing. Dulek said to ask before the meeting if they think it will require staff to do some research and are not be able to answer off the top of their heads during the meeting. It is nice to get a head’s up so staff can gather the information, but again the question would be announced at the meeting as a question that had been asked, and staff did some research on it and this is what they had found. Dulek also noted it is the same process if a member of the public emails staff and brings up some issue and staff needs to do some research and get some information. It will be disclosed at the public hearing, not directly back to the member of the public. Pretorius asked when they are talking about the findings of facts and are going to accept the findings except for the findings that it will not be detrimental to neighboring properties, do they need to give more information beyond that it’s going to be detrimental. Lehmann said they do need to provide the rationale for the decision because that's what a court would review. Lehmann next will discuss what to do and what not to do, some of which has already been discussed tonight. The main thing is to avoid conflicts of interest and not to chat about the application before the meeting. Then during the public hearing, it is the Chair who guides the hearing so if things are getting off track in terms of they're not really addressing the approval criteria or they don't like an aspect that has nothing to do with the special exception, it's definitely the Chair’s prerogative to ask speakers to please limit their comments to the specific issue at hand or to make sure that it's only new information being presented. The Board’s public hearing is for gathering the information. Also using personal opinions about something that doesn't relate to the criteria is a big no no, and also, try to make sure to save the Board discussion for after the public hearing is closed. Don't make decisions based off your feelings on the standard itself, the standard is City Code and must be followed, even if someone doesn’t agree with the standard in the Code. If the Board doesn’t like a standard, the Board could make recommendations to Council but it's not commonly done, it is Council’s prerogative to decide what those standards are. Lehmann next noted they’d review some sample cases, why they're important, and how they fit into the broader picture. Board of Adjustment June 30, 2021 Page 6 of 8 Dulek stated every once in a while there is an appeal of a board decision to the courts, they haven't had one now in a couple years but oftentimes they'll have one in a couple of years. One example was the special exception to grant a manufacturing plant in an industrial zone where one of the neighbors appealed, stating it was injurious to the use and enjoyment of other properties and would impact property values in the neighborhood, and the Iowa Court of Appeals said as the Board they are allowed to rely on their commonsense and bring their day- to-day experiences to the table. The court is not going to sit in judgment on whether they agree with the appellant, they're looking to see whether the Board should have made the decision they did, based on the evidence and the information that was presented at the public hearing. That case was a good example of both those two important things, to rely on common sense and the court is not going to substitute their own decision, they are just going to see what decision the Board made, and how you got there, and if they find that to be reasonable, even if it might not have been their decision. Lehmann added that's also where the findings of fact are important because that's where the Board lays out the rationale for how they came to decision. Dulek stated another case was an appeal by neighbors of the Shelter House, 15 years old ago when it was built, and they needed a special exception to construct transient housing in a commercial district. The Board approved it and folks in disagreement, including some neighboring businesses, turned to the criteria again that it would impair property values. Again, the court said no, there was substantial evidence to support the Board's decision, there was enough evidence brought before the Board during the public hearing that it would not impact evaluation of property. Dulek noted that people can disagree, that happens all the time, but as long as there's enough evidence to support what the Board decided, that is what is important. Dulek also reiterated what Lehmann touched on and that's ex parte communication, which means discussion with people not at the hearing. So discussions with other Board members before the hearing, discussions with staff before the hearing or with a member of the public or anybody is not allowed. There was a case in Des Moines with a private sewage treatment plant and the question was if interested parties had communicated with the Board before the public hearing. The Court of Appeals said again in this quasi-judicial function it is similar to a jury and all parties involved are entitled to fairness and impartiality and independence, even though the procedures and the evidence are less rigid there can be no difference in our concept between the two, and they went on to say the ex parte communication between members of Board of Adjustment was wrong and the Board’s decision was overturned. Carlson thanked staff for the presentation and noted she has been reading these things over again, but it helps to talk it through. Russo agreed and noted the more exposure he gets to the protocols and the issues he understands better and that tonight was helpful. He just wants to make sure he doesn’t make a wrong decision. Dulek advised to just keep those standards in mind and if the applicant for the special exception has meet those standards. The applicant has the responsibility to meet them it's their burden and it is the Board’s decision based on the evidence that was presented. Lehmann noted even within the Board there might be differences in how they interpret a Board of Adjustment June 30, 2021 Page 7 of 8 standard or how it applies so that's where discussion comes in and maybe some members may disagree but that's okay. They only need a majority decision, not unanimous. Russo asked if they have an applicant for a special exception and the Board approves it with a condition does that gives them an opening to come back and reapply or how does that work. Lehmann replied usually it means that for them to get other City approvals they need to meet whatever the condition is. Often the conditions include triggers about when something needs to be done, for example prior to building permit approval and those are when staff would check it. Lehmann noted they could theoretically come back; the applicant will usually say at the hearing if they agree with the condition or not. Also staff lets the applicant know in advance what conditions staff will propose and then it's up to the applicant to say if it is a deal breaker. Dulek added if the applicant tries to come back with the same application it is usually denied, they have had the opportunity to make their case previously. If there are substantial changes then it's a new application. Russo asked if the Board puts a condition on an approval, then that condition goes back to City staff and they apply that to their interactions with the party. Dulek added it is also recorded so should they sell the property, the buyer will know what that condition is. Lehmann said they have had some cases where they look back at old special exceptions to make sure that conditions are still met. For example, let's say there's landscaping that was required and it has since died as it's been 30 years since it was approved, one of staff's new conditions is probably going to be to replace this landscaping because the buyer has to meet this condition. CONSIDER THE JUNE 9, 2020 MINUTES: Carlson moved to approve the minutes of June 9, 2021. Russo seconded the motion. A vote was taken and the motion carried 3-0. BOARD ANNOUNCEMENTS: Lehmann wanted to give the Board an update on public meetings and online meetings. The end of online meetings is July 25, that is when they are anticipating the end of the Governor's emergency proclamation. The July 14 meeting will be online and then starting in August meetings will be back in person in Emma Harvat Hall if everyone is comfortable with that location. There should be enough room for everyone to space out because they're only five people. Council is moving to the senior Center for a little bit for more room. Lehmann said they will continue to record meetings and those video recordings will be posted to the City website. Carlson asked if meetings were always recorded. Lehmann explained they've recorded audio in the past, but now will do visual recordings at the direction of Council for all boards and commissions. ADJOURNMENT: Russo moved to adjourn this meeting, Carlson seconded, a vote was taken and all approved. BOARD OF ADJUSTMENT ATTENDANCE RECORD 2020-2021 NAME TERM EXP. 1/8 2/12 4/8 5/13 5/27 6/10 7/15 10/14 11/18 12/8 3/10 4/11 6/9 6/30 CHRISCHILLES, GENE 12/31/2022 X X X X X X X X X X X X O/E O/E COX, ERNIE 12/31/2020 X O/E X X X X X O/E O/E O/E -- -- -- -- -- -- -- HAZELL, ZEPHAN 12/31/2021 X O/E X X X O/E X X X X O/E X -- -- -- PARKER, BRYCE 12/31/2024 0/E X X X X X X X X X X X X O/E PRETORIUS, AMY 12/31/2023 X X X X X X X X X X X X X X CARLSON, NANCY 12/31/2025 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X RUSSO, MARK 12/31/2021 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X Key: X = Present O = Absent O/E = Absent/Excused -- -- = Not a Member July 14, 2021 Board of Adjustment Meeting ANNOUNCEMENTS ITEM 5 ON THE AGENDA Information for the Board of Adjustment Submitted by the Identified Party The Coronavirus State and Local Fiscal Recovery Funds provide a substantial infusion of resources to help turn the tide on the pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery. The American Rescue Plan will deliver $350 billion for state, local, territorial, and Tribal governments to respond to the COVID-19 emergency and bring back jobs. Eligible Jurisdictions & Allocations Direct Recipients •States and District of Columbia ($195.3 billion) •Counties ($65.1 billion) •Metropolitan cities ($45.6 billion) •Tribal governments ($20.0 billion) •Territories ($4.5 billion) Indirect Recipients •Non-entitlement units ($19.5 billion) Funding Objectives •Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control •Replace lost public sector revenue to strengthen support for vital public services and help retain jobs •Support immediate economic stabilization for households and businesses •Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic Address Negative Economic Impacts Respond to economic harms to workers, families, small businesses, impacted industries, and the public sector Premium Pay for Essential Workers Offer additional support to those who have and will bear the greatest health risks because of their service in critical infrastructure sectors Replace Public Sector Revenue Loss Use funds to provide government services to the extent of the reduction in revenue experienced due to the pandemic Support Public Health Response Fund COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff Broadband Infrastructure Make necessary investments to provide unserved or underserved locations with new or expanded broadband access Water and Sewer Infrastructure Make necessary investments to improve access to clean drinking water and invest in wastewater and stormwater infrastructure Example Uses of Funds