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HomeMy WebLinkAbout06-08-2022 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT Wednesday, June 8, 2022 — 5:15 PM City Hall, 410 East Washington Street Emma Harvat Hall Agenda: 1. Call to Order 2. Roll Call 3. Special Exception Item a. EXC22-0004: An application submitted by JAM Investments of Iowa City requesting to expand an existing drive -through facility associated with an eating establishment in a Community Commercial (CC-2) zone at 1926 Keokuk Street. 4. Consideration of Meeting Minutes: April 13, 2022 5. Adjournment If you 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: July 13 / August 10 / September 14 Informal: Scheduled as needed. June 8, 2022 Board of Adjustment Meeting EXC22-0004 ITEM 3A ON THE AGENDA Staff Report Prepared by Staff STAFF REPORT To: Board of Adjustment Prepared by: Kirk Lehmann, Associate Planner Item: EXC22-0004 Date: June 8, 2022 Parcel Number: 1022108013 GENERAL INFORMATION: Applicant: JAM Investments of Iowa City 1658 N. Milwaukee Avenue #107 Chicago, IL 60647 Contact Person: Thomas Scesniak Thomas V. Sesniak Associates, Inc 1754 W. Wise Rd RDG W, Unit 1754 Schaumburg, IL 60193 847-352-5112 tcesniak@aol.com Property Owner(s): Requested Action: Purpose: Location: Location Map: Size: JAM Investments of Iowa City 1658 N. Milwaukee Avenue #107 Chicago, IL 60647 Special exception for an accessory drive -through facility in a Community Commercial (CC-2) zone To allow expansion of an existing non -conforming drive - through facility for an eating establishment 1926 Keokuk Street VLT ` aI 0.63 acres 1 Existing Land Use and Zoning: Surrounding Land Use and Zoning: Applicable Code Sections File Date: BACKGROUND: Commercial; Community Commercial (CC-2) North: Commercial; Community Commercial (CC-2) East: Commercial; Community Commercial (CC-2) South: Commercial; Community Commercial (CC-2) West: Commercial; Community Commercial (CC-2) 14-46-3A: General Approval Criteria 14-4C-2K-3: Drive Through Facilities April 18, 2022 The applicant (Thomas V. Sesniak Associates) submitted a special exception request for a drive - through facility associated with a Popeyes restaurant for the subject property at 1926 Keokuk Street. The property is zoned Community Commercial (CC-2), which requires a special exception for drive - through facilities. Attachments 1 and 2 include an aerial image and zoning exhibit. The lot is 26,252 square feet, and the proposed eating establishment is 2,264 square feet located in the center of the site. Parking is north of the building and the drive -through wraps around the west and south sides of the building. The building was originally constructed in 2004, prior to the current zoning code, so aspects of the site are considered legal non -conforming development, including the existing drive -through. The subject parcel is part of the tract comprising the Pepperwood Plaza commercial area, and the surrounding area includes a variety of commercial uses. A drive shared with other Pepperwood Plaza uses to the east provides vehicular access for the site, and the existing drive -through facility exits back onto the shared drive south of the building. A shared drive directly north of the property provides access onto Keokuk Street. Pedestrian paths are provided throughout Pepperwood Plaza, and the subject property is connected to this network along its east property line. Keokuk Street right-of-way and a sidewalk are directly west of the property. The proposed project would expand a portion of the existing non -conforming drive -through facility to the northwest of the building. The site plan (Attachment 4) shows two one-way drive -through lanes that converge into the existing single lane parallel to Keokuk Street. The expansion would include two new order boards, but the existing single pick-up window would continue to be used. 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-2K-3, pertaining to special exceptions to allow drive through facilities in a CC-2 zone, as well as the general approval criteria in Section 14-46-3A. 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 are set forth below. Specific Standards 14-4C-2K-3: Drive Through Facilities a. Access and Circulation: The transportation supporting the proposed drive -through use area. Evaluation factors include street cap; traffic circulation, access requirements, se{ safety in addition to the following criteria: system should be capable of safely n addition to the existing uses in the city and level of service, effects on aration of curb cuts, and pedestrian (1) Wherever possible and practical, drive -through lanes shall be accessed from secondary streets, alleys, or shared cross access drives. If the applicant can demonstrate that access from a secondary street, alley, or shared cross access drive is not possible, the board may grant access to a primary street, but may impose conditions such as limiting the width of the curb cut and drive, limiting the number of lanes, requiring the drive -through bays and stacking lanes to be enclosed within the building envelope, and similar conditions. FINDINGS: • The subject property is accessed from shared private drives as part of the Pepperwood Plaza tract. The trach connects to Keokuk Street to the west, Highway 6E to the north, and Broadway Street to the east. • The proposed drive -through facility is accessed through an onsite parking aisle from the shared private drive. It cannot be directly accessed from a street. (2) To provide for safe pedestrian movement, the number and width of curb cuts serving the use may be limited. A proposal for a new curb cut on any street is subject to the standards and restrictions in chapter 5, article C, "Access Management Standards", of this title. FINDINGS: No changes to curb cuts are proposed as part of the project on public streets or in areas where pedestrian movement is anticipated. (3) An adequate number of stacking spaces must be provided to ensure traffic safety is not compromised. A minimum of six (6) stacking spaces is recommended for drive -through facilities associated with eating establishments and a minimum of four (4) stacking spaces for banking, pharmacies, and similar nonfood related drive -through facilities. "Stacking spaces" shall be defined as being twenty feet (20') in length and the width of a one lane, one-way drive. The board may reduce the recommended number of stacking spaces if the applicant can demonstrate that the specific business has unique characteristics such that the recommended number of parking spaces is excessive (i.e., a drive- through that is to be used for pick up only and not ordering). FINDINGS: • The site plan shows 2 order lanes that converge into a single pick-up lane with a combined capacity for 12 vehicles. • The drive -through exceeds the minimum requirement to accommodates 6 stacking spaces. • The parking aisle leading to the drive -through has adequate space to accommodate any spillover traffic and minimize traffic safety impacts. • Staff recommends general compliance with the site plan be a condition of approval to ensure traffic safety is not compromised. (4) Sufficient on site signage and pavement markings shall be provided to indicate direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to ensure safe vehicular and pedestrian movement. FINDINGS: • The site plan indicates directional arrows in the drive -through and parking areas and a 'do not enter sign' at the drive -through exit. • The pedestrian route along the east property line is demarcated with dyed concrete where it crosses the parking aisle. b. Location: (1) In the CB-2 zone and in all subdistricts of the riverfront crossings district located east of the Iowa River, drive -through lanes and service windows must be located on a nonstreet-facing facade. In all other locations where drive-throughs are allowed, this location standard must be met, unless the applicant can demonstrate that a street -facing location is preferable for the overall safety and efficiency of the site, does not conflict with adjacent uses or pedestrian access, and does not compromise the character of the streetscape or neighborhood in which it is located. FINDINGS: • The proposed drive -through facility is an expansion of an existing non- conforming drive -through on the Keokuk -Street -facing fapade of the building. • A portion of the existing non -conforming drive -through will continue to be utilized. • Changes to the existing drive -through due to the proposed expansion do not affect pedestrian access. • The subject property does not currently have street trees as a legal non- conforming development, but a new street tree is shown on the site plan which helps provide consistency with typical commercial streetscapes. • The proposed facility is consistent with adjacent commercial uses and does not substantially change the character of the area if in general conformance with the submitted site plan. (2) Drive -through lanes must be set back at least ten feet (10') from adjacent lot lines and public rights of way and screened from view according to the design standards below. FINDINGS: • All new portions of the proposed drive -through facility are set back at least 10 feet from the Keokuk Street right-of-way. • Existing portions of the drive -through facility that are less than 10 feet are allowed to remain as part of an existing non -conforming development. • The landscape plan submitted as part of the application is discussed below. c. Design Standards: The number of drive -through lanes, stacking spaces, and paved area necessary for the drive -through facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located. The board of adjustment may increase or reduce these standards according to the circumstances affecting the site. (1) To promote compatibility with surrounding development, the number of drive - through lanes should be limited such that the amount of paving and stacking space does not diminish the design quality of the streetscape or the safety of the pedestrian environment. FINDINGS: • The site plan shows two drive -through lanes that converge into a single 14-foot lane along the west edge of property. • The proposed drive -through facility expands an existing drive -through area in a commercial district, but the expansion in stacking spaces is limited to adding two lanes with four additional stacking spaces for ordering. • Screening between the new portion of the drive -through lanes and Keokuk Street right-of-way will help minimize the impacts of stacking spaces on surrounding development and the pedestrian environment. • The amount of paving will not be increased due to the proposed project. (2) Drive -through lanes, bays, and stacking spaces shall be screened from views from the street and adjacent properties to the S2 standard. If the drive -through is located adjacent to a residential use or property zoned residential, it must be screened from view of these properties to at least the S3 standard. To preserve the pedestrian oriented character of streets in the CB-2 zone and the riverfront crossings district, the board may require the drive -through to be incorporated within the building or be screened with masonry street walls and landscaping. Street walls shall be a minimum of five feet (T) in height and shall be designed to complement the principal building on the site. FINDINGS: The drive -through facility is not adjacent to residential uses or property zoned residential. All new portions of the proposed drive -through facility are screened from Keokuk Street and adjacent properties to the S2 standard. Existing portions of the drive -through facility that are not screened to the S2 standard are allowed to remain as part of an existing non -conforming development. (3) Multiple windows servicing a single stacking lane (e.g., order board, payment window, pick up window) should be considered to reduce the amount of idling on the site. FINDINGS: Two kiosks for ordering and a single window for payment and pick-up are proposed for the drive -through. (4) Stacking spaces, driveways, and drive -through windows shall be located to minimize potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding landscape and streetscape design of the neighborhood in which it is located. FINDINGS: • No new vehicular and pedestrian conflicts are created by the proposed facility. • There may be potential conflicts between vehicles exiting the drive -through lane and vehicles utilizing shared drives, but there is adequate room to maneuver, traffic speeds are slow, traffic volumes are low, and visibility is good. • The proposed drive -through facility expands an existing drive -through area in a commercial district. • Landscaping elements ensure that it is integrated into the surrounding landscape and streetscape design of the area. (5) Lighting for the drive -through facility must comply with the outdoor lighting standards set forth in chapter 5, article G of this title and must be designed to prevent light trespass and glare onto neighboring residential properties. FINDINGS: • The submitted photometric plan meets the City's physical control standards, which helps control light trespass and glare. • A total outdoor light output calculation has not been included on the photometric plan. A revised photometric plan with this calculation in compliance with current standards shall be required prior to site plan approval. 6) (Repealed by Ordinance No. 16-4685 on 11-15-2016) 7) Loudspeakers or intercom systems, if allowed, should be located and directed to minimize disturbance to adjacent uses. Special consideration should be given to locations adjacent to residential uses to ensure such systems do not diminish the residential character of the neighborhood. FINDINGS: • The two kiosks for ordering are oriented north, which means they do not face towards the adjacent right-of-way. • The property is not adjacent to residential uses. General Standards: 14-413-3: 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 drive -through expands an existing facility but is not expected to substantially increase vehicular traffic to the site over previous levels. • Vehicular circulation and access are adequate to accommodate drive -through traffic. • No new vehicular and pedestrian conflicts are created by the expanded facility. There may be potential conflicts between vehicles exiting the drive -through lane and vehicles utilizing shared drives, but there is adequate room to maneuver, traffic speeds are slow, traffic volumes are low, and visibility is good. 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 property is in a commercial area and is complimentary to surrounding uses. • Screening and a new street tree help mitigate impacts to adjacent properties. 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 area is fully developed with commercial uses. • Future redevelopment and improvement of adjacent properties will not be affected. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: • Sufficient utilities, access roads, and most necessary facilities are established for this area and can meet the proposed site requirements. • The project expands green space and landscaping which reduces stormwater runoff. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • There is adequate space for stacking vehicles in the drive -through lane. • The proposed drive -through lanes are accessed from and exit to shared drives. • There may be potential conflicts between vehicles exiting the drive -through lane and vehicles utilizing shared drives, but there is adequate room to maneuver, traffic speeds are slow, traffic volumes are low, and visibility is good. • Signage and pavement markings will help efficiently direct vehicles through the site. • The site plan as proposed is not expected to negatively impact ingress or egress on public streets, nor substantially affect traffic congestion. 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 use will reduce the amount of parking spaces, but the project retains 20 spaces, which is well above the minimum parking requirement of 9 spaces. • The site plan includes 6 bicycle parking spaces. The property is a legal non -conforming development, and the proposed project does not increase occupancy. Several onsite features will remain legal non -conforming, but any alterations to the site must comply with current standards. Staff will ensure changes to the site design conform with any applicable zoning standards and regulations during the subsequent site plan review. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: • Future Land Use Maps designate the subject property as General Commercial in the Comprehensive Plan and Commercial in the South District Plan. • The Comprehensive Plan supports encouraging "new business development in existing core or neighborhood commercial areas". • The proposed use of this property is consistent with Comprehensive and District Plans. STAFF RECOMMENDATION: Staff recommends approval of EXC22-0004, to allow a drive -through facility for the property located at 1926 Keokuk Street, subject to the following conditions: 1. General compliance with site plan dated May 27, 2022. 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 June 8, 2022 Board of Adjustment Meeting EXC22-0004 ATTACHMENT 1 Location Map Prepared by Staff fu} p E �v LLam` ls�n�� a c r j /iR �io L V C Y 3 •� v 00 �• O s Y C C w �.��..� E •C ^.L' ci fd CL � y � I y 7 d L O a. m m cC ctl z M Qi 4� •� 0 June 8, 2022 Board of Adjustment Meeting EXC22-0004 ATTACHMENT 2 Zoning Map Prepared by Staff UAr 4 14. _ f � M 1~ `7 � C 4i 3 'x v O O ❑ w 3•-i ci c0 f0 - b0 y cz T p w � C u y a+ O �y N f � p � •p � aLi rn O N L O 1 (Q O C u — y IC ctl � M June 8, 2022 Board of Adjustment Meeting EXC22-0004 ATTACHMENT 3 Correspondence Submitted by the Identified Party May 16, 2022 RE: Special Exception for 1926 Keokuk Street Dear Property Owner: t r > CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ww%% icgov.org The Iowa City Board of Adjustment has received an application submitted by JAM Investments of Iowa City requesting a special exception to expand an existing drive -through facility for an eating establishment located at 1926 Keokuk Street (see attached map). As a neighboring property owner and/or occupant, 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 a public meeting tentatively scheduled for June 8, 2022 at 5:15 pm in Emma Harvat Hall, City Hall, 410 East Washington Street, Iowa City. Because the meeting is subject to change, you may wish to call 319-356-5230 or check the City of Iowa City's website, www.icgov.org/BOA, the week of the meeting to confirm the meeting agenda. You are welcome to attend this public meeting to present your views concerning this application. You may also submit written information to me for consideration 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-lehmannp_iowa-citv.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 Associate Planner City of Iowa City Department of Neighborhood and Development Services Board of Adiustment: Freauently Asked Questions 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 8 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 Ft 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 6: Development Services, 410 E. Washington St., Iowa City IA 52240 or e-mail kirk-lehmann@iowa- city.org. ■ Fi ow" U 117. Mailing Name Mailing Address2 Mailing Address3 KWIK TRIP INC PO BOX 2107 1626 OAK ST LACROSSE, WI 54602 ORSCHELN FARM AND HO PO BOX 22845 OAKLAHOMA CITY, OK 73123-1845 THOMAS R BREESE 227 MAHASKA DR IOWA CITY, IA 52246 ELM REAL ESTATE LC PO BOX 122 CEDAR RAPIDS, IA 52406-0122 RESILIENT SUSTAINABLE F 308 E BURLINGTON ST #29:IOWA CITY, IA 52240 P132J LLC 18 IDYLLWILD CT IOWA CITY, IA 52245 CHAD & SUSAN BURTCH 1509 400TH ST SW OXORD, IA 52322 MACKIE RENTALS LLC 4499 580TH ST LONE TREE, IA 52755 D GARCIA LLC 1937 KEOKUK ST IOWA CITY, IA 52240 MCC IOWA LLC ATTN TAX 1 MEDIACOM WAY CHESTER, NY 10918 AGING SERVICES INC 740 N 15TH AVE STE - A HIAWATHA, IA 52233 NELSON F MELLADO 2030 KEOKUK ST IOWA CITY, IA 52440 KEOKUK INVESTMENTS LL 2010 KEOKUK ST IOWA CITY, IA 52240 IOWA MENNONITE CROW 851 HIGHWAY 6 E UNIT 103IOWA CITY, IA 52240 TIMBERLINE PROPERTIES 4415 HWY 6 SUGARLAND, TX 77478 KAY DEVELOPERS LLC 1524 KIMBER LN EVANSVILLE, IN 47715 MIDWESTONE BANK PO BOX 1700 IOWA CITY, IA 52244-1700 SOUTHSIDE SPIRITS LLC 1130 DUCK CREEK DR IOWA CITY, IA 52246 KEOKUK APARTMENTS LL( 755 MORMON TREK BLVD IOWA CITY, IA 52246 WWJ INVESTMENTS 1850 MCCLOUD PL NE CEDAR RAPIDS, IA 52402 DVIP 1105 S GILBERT CT #300 IOWA CITY, IA 52240 JAM INVESTMENTS OF 1011658 N MILWAUKEE AVE #: CHICAGO, IL 60647 GIRD PEPPERWOOD LLC 1805 STATE ST STE 101 BETTENDORF, IA 52722 MGNS LLC PO BOX 5591 CORALVILLE, IA 52241 PEPPERWOOD PROPERTIE 755 MORMON TREK BLVD IOWA CITY, IA 52246 PEPPERWOOD PLAZA ASSi 755 MORMON TREK BLVD IOWA CITY, IA 52246 KWIK TRIP, INC 1907 KEOKUK ST IOWA CITY, IA 52240 CHRISTOPHER KEITH GUTI655 HOLLYWOOD BLVD IOWA CITY, IA 52241 BREESE CO INC THE 611 SOUTHGATE AVE IOWA CITY, IA 52242 ELM REAL ESTATE LC 603 SOUTHGATE AVE IOWA CITY, IA 52243 RESILIENT SUSTAINABLE F 1927 KEOKUK ST IOWA CITY, IA 52244 PB2J, LLC 545 OLYMPIC CT IOWA CITY, IA 52245 BURTCH RENTALS LLC 1929 KEOKUK ST IOWA CITY, IA 52246 MACKIE RENTALS LLC 1933 KEOKUK ST IOWA CITY, IA 52248 MACKIE RENTALS LLC 610 SOUTHGATE AVE 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ST APT 3 2103 KEOKUK ST APT 4 2103 KEOKUK ST APT 5 2103 KEOKUK ST APT 6 2103 KEOKUK ST APT 7 2103 KEOKUK ST APT 8 2103 KEOKUK ST APT 9 2103 KEOKUK ST APT 10 2103 KEOKUK ST APT 11 IOWA CITY, IA 52263 IOWA CITY, IA 52264 IOWA CITY, IA 52265 IOWA CITY, IA 52266 IOWA CITY, IA 52267 IOWA CITY, IA 52268 IOWA CITY, IA 52269 IOWA CITY, IA 52270 IOWA CITY, IA 52271 IOWA CITY, IA 52272 IOWA CITY, IA 52273 IOWA CITY, IA 52274 IOWA CITY, IA 52275 IOWA CITY, IA 52276 IOWA CITY, IA 52277 IOWA CITY, IA 52278 IOWA CITY, IA 52279 IOWA CITY, IA 52280 IOWA CITY, IA 52281 IOWA CITY, IA 52282 IOWA CITY, IA 52283 IOWA CITY, IA 52284 IOWA CITY, IA 52285 IOWA CITY, IA 52286 IOWA CITY, IA 52287 IOWA CITY, IA 52288 IOWA CITY, IA 52289 IOWA CITY, IA 52290 IOWA CITY, IA 52291 IOWA CITY, IA 52292 IOWA CITY, IA 52293 IOWA CITY, IA 52294 IOWA CITY, IA 52295 IOWA CITY, IA 52296 IOWA CITY, IA 52297 IOWA CITY, IA 52298 IOWA CITY, IA 52299 IOWA CITY, IA 52300 IOWA CITY, IA 52301 IOWA CITY, IA 52302 IOWA CITY, IA 52303 IOWA CITY, IA 52304 IOWA CITY, IA 52305 IOWA CITY, IA 52306 IOWA CITY, IA 52307 IOWA CITY, IA 52308 IOWA CITY, IA 52309 RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF RESIDENT OF 2103 KEOKUK ST APT 12 2119 KEOKUK ST APT 1 2119 KEOKUK ST APT 2 2119 KEOKUK ST APT 3 2119 KEOKUK ST APT 4 2119 KEOKUK ST APT 5 2119 KEOKUK ST APT 6 2119 KEOKUK ST APT 7 2119 KEOKUK ST APT 8 2119 KEOKUK ST APT 9 2119 KEOKUK ST APT 10 2119 KEOKUK ST APT 11 2119 KEOKUK ST APT 12 2135 KEOKUK ST APT 1 2135 KEOKUK ST APT 2 2135 KEOKUK ST APT 3 2135 KEOKUK ST APT 4 2135 KEOKUK ST APT 5 2135 KEOKUK ST APT 6 2135 KEOKUK ST APT 7 2135 KEOKUK ST APT 8 2135 KEOKUK ST APT 9 2135 KEOKUK ST APT 10 2135 KEOKUK ST APT 11 2135 KEOKUK ST APT 12 2151 KEOKUK ST APT 1 2151 KEOKUK ST APT 2 2151 KEOKUK ST APT 3 2151 KEOKUK ST APT 4 2151 KEOKUK ST APT 5 2151 KEOKUK ST APT 6 2151 KEOKUK ST APT 7 2151 KEOKUK ST APT 8 2151 KEOKUK ST APT 9 2151 KEOKUK ST APT 10 2151 KEOKUK ST APT 11 2151 KEOKUK ST APT 12 2151 KEOKUK ST APT 13 2151 KEOKUK ST APT 14 2167 KEOKUK ST APT 1 2167 KEOKUK ST APT 2 2167 KEOKUK ST APT 3 2167 KEOKUK ST APT 4 2167 KEOKUK ST APT 5 2167 KEOKUK ST APT 6 2167 KEOKUK ST APT 7 2167 KEOKUK ST APT 8 IOWA CITY, IA 52310 IOWA CITY, IA 52311 IOWA CITY, IA 52312 IOWA CITY, IA 52313 IOWA CITY, IA 52314 IOWA CITY, IA 52315 IOWA CITY, IA 52316 IOWA CITY, IA 52317 IOWA CITY, IA 52318 IOWA CITY, IA 52319 IOWA CITY, IA 52320 IOWA CITY, IA 52321 IOWA CITY, IA 52322 IOWA CITY, IA 52323 IOWA CITY, IA 52324 IOWA CITY, IA 52325 IOWA CITY, IA 52326 IOWA CITY, IA 52327 IOWA CITY, IA 52328 IOWA CITY, IA 52329 IOWA CITY, IA 52330 IOWA CITY, IA 52331 IOWA CITY, IA 52332 IOWA CITY, IA 52333 IOWA CITY, IA 52334 IOWA CITY, IA 52335 IOWA CITY, IA 52336 IOWA CITY, IA 52337 IOWA CITY, IA 52338 IOWA CITY, IA 52339 IOWA CITY, IA 52340 IOWA CITY, IA 52341 IOWA CITY, IA 52342 IOWA CITY, IA 52343 IOWA CITY, IA 52344 IOWA CITY, IA 52345 IOWA CITY, IA 52346 IOWA CITY, IA 52347 IOWA CITY, IA 52348 IOWA CITY, IA 52349 IOWA CITY, IA 52350 IOWA CITY, IA 52351 IOWA CITY, IA 52352 IOWA CITY, IA 52353 IOWA CITY, IA 52354 IOWA CITY, IA 52355 IOWA CITY, IA 52356 RESIDENT OF 2167 KEOKUK ST APT 9 IOWA CITY, IA 52357 RESIDENT OF 2167 KEOKUK ST APT 10 IOWA CITY, IA 52358 RESIDENT OF 2167 KEOKUK ST APT 11 IOWA CITY, IA 52359 RESIDENT OF 2167 KEOKUK ST APT 12 IOWA CITY, IA 52360 KEOKUK APARTMENTS, LL 2001 KEOKUK ST IOWA CITY, IA 52361 KEOKUK APARTMENTS, LL 2001 KEOKUK ST APT 1 IOWA CITY, IA 52362 DVIP 548 OLYMPIC CT IOWA CITY, IA 52363 WWJ INVESTMENTS 609 OLYMPIC CT IOWA CITY, IA 52364 DOMESTIC VIOLENCE INTE 612 OLYMPIC CT IOWA CITY, IA 52365 JAM INVESTMENTS OF 01926 KEOKUK ST IOWA CITY, IA 52366 GRD PEPPERWOOD LLC 851 HIGHWAY 6 E UNIT 10; IOWA CITY, IA 52367 MGNS, LLC 851 HIGHWAY 6 E UNIT 10- IOWA CITY, IA 52368 tEJ tl «n tisr •Pw 31f N IP,nI', C 0 m 14 G WO r S rrh n by m 0 i�ip iYti { O O m Ell :: U F,y p.p O u z i-Y 's e O,iiY Idr �A NH 'JO _.., Cm ,mP n:H ripf.. its iae PRESORTED M I.,. it:,r3 FIRST CLASS WH fill qp �.I .U..,.� ITI a fF '1'N fli rm IWX �, Ch AQ°H rn ea W "s: i .p irq kip 2ul "Al CaN a.�mid sl O N Vw $/9 tl'^•a Bh iSP W�A �11 9i9 A V' m N m 0 fSe IHI Eat u! O qy CO < (,D C� ich Or pl n z m „r D � a•; I•Y � z i'-P A VVI L P:d s,FJ s` % I'YI YlV Ell, l' Epp'=i' i,E PRESORTED ." III ", a,' rrp FIRST CLASS kEk � »Ya `I} fld lam p,ili Ybp 1n -,I ram. Pill oil oNv. ""° fJ1 laq /y 4i' "u eA g MI q V rm7 p, N .pn O O n w o� nmS << w = w O D TI ell :3 09 ° o G N n_ iS) •r Cfi aNn I^ttlC�• h• +par m n x COC Ln D i 0 � O e k ra O 0 m S I„1 r -' cal r'i ..1 qoa l`:i:. 41 '�.1 C PRESORTED _ •% 1pia R,�,. pa cn FIRST CLASS In flt l,ry I',1 Vr;1 m: yl. rn rrR til a °;nt :� • qqN r. CIA IV PIP W g N 5 0 altl �i a V1 > m 'sl ^ u P 1 .y p(f rJ vl h. N ey�apmw N YiA ° -Q n n o w �z 4_ w e O D -n a O o v, 0 CISN n tI) r'ri I 141• 1�1f _ 4Y1 T N m m Ln D r Om Kri P1 �.➢ D p•a —i a wn In y ra IIJ Lv la.l PRESORTED FIRST CLASS S71 6t 1'9lfld {,yl I•et j ' 43 7u 2r51d ^:1 , Y.N ,I V..a ca '". ., ijsi uV g A fll , •W.I .nPd i "a �o ry a a cm- "" m � P11 S � �;tl Ik9 •J �' N ay o� w m= w m� n�w 0 9 5 _ N 0 O O O D N co D a, n_ In to tea it IC,k' O n �wD wla n�m I n,: D ) s, c 1 mm 1 v=m O z 4.t D T. —I lyia —I vDri ' n �, D �� I.•i D r en 'sw > Pa a di. ps d6 1-rt tip PRESORTED =' eid;ya w� �SYi PRESORTED FIRST CLASS B]a ¢:: uL. i.pa FIRST CLASS If I:iZ YTd V"Yll{?7 .,.p a,, ...1 nt Win mm r6 pra i,,i I\,1 V,`ri iayZ ni:t 4�°Y UW a rth I 7u CON ewi ;n o Np ca F' ai WaN „s co 1Is rxr o a --I N., r,a Iar 'b! m IQ rY.a NJ 4 CDF17 4+140 .1 . PJ t'411 al Y N O ads 3: Ul V V� Ell Lll 01 1, 14 E (W ua lm r'd N PRESORTED FIRST CLASS (1) • FIJI 00 > y > CD Eli fill I' 1z 010 1- GI 'it rh 4 lV ell NJ NJ C) rn 0 0 > R: :3 -n Ln 1Q'A 0 0 �-o > n 4 PRESORTED FIRST CLASS w o w o� �w �gp ® w O y = T D -n o0 � oo r N oo D ON tIi (11 iC! Y�i M�S 1 r to emit ,� O O (� m O Yid n m � O O p�4 p O Ell f,n iP w D �.p (a) os r;r rJ Pi ,li, a J> :iN r Cp 'tt r! 'nu" 4. ias PRESORTED re ,> r., Y_A Fai PRESORTED Ch Ir' ,.I.,.n FIRST CLASS 01 r oa FIRST CLASS .,.. N E'Iri 1"}'Ci' ''. -� USN Ill I' 4 z B"196i^I ITI 'DY V`ID IuR CAI± CI nn Iq41 OON I . Iq yY, rro co M"B r;P c>.p In pxi my CIM fxiY y h p d WP ��� fMl W � N p ^-t cit r ro o01 orb "-S' .� MCl B* ,�y C.P $�. ppwwww�� $h mxN ; ` I:a 1 0 u, li �k ICu Ol m JJ O Egli W 0 tl LP n c D G = r D G) cn D inlz 2: v m D tl^6 J1 m n ' ply IQ r•� �E,1 r53 . PRE.$ORTED LU :�. ell r p § *ra '"� FIR81Y CLASS wk u5 r'7 awt _ Pti wlr iS7 �m4 ire w i[t 'wtl =• to 54 N:,171ew 1,51 I wucI co �; to q5y DAN' a -p Maf 0 UV'in3 4d1 (Gp D --1 to «I r W i•I`I -a: I,eirt I'S!i 1'p�l CK o Lc" m IRti ir,. _ D CD 00. m z iY`N O -n r; c D T. m a: n r f1 O k NI sir cfl 3a F' i.. Ilv ldl G1f yr i i54 6Y 7­ .� v. 7NI1 a ;y "'�' `k "I'1 p'131jq IWI CiF 151 ha ....-. Cll 1$p NI YIF 1 N/ .;Y o -4. (') n 09 w_ w N Dj O q o<4 � 00 N n m I PRESORTED FIRST CLASS June 8, 2022 Board of Adjustment Meeting EXC22-0004 ATTACHMENT 4 Special Exception Application Submitted by the Applicant EXC22-0004 (1926 KEOKUK ST Iowa City, IA 52240) Project Description: Drive -through facility for a fast food restaurant at 1926 Keokuk Street. Did you hold a Good Neighbor Meeting?' No Has a pre -application meeting been held?" Yes Date of previous application or appeal filed M. All special exceptions have specific approval criteria that must be met. Please indicate which specific approval criteria are applicable to this request Contact staff for help identifying the specific approval criteria that must be met. 14-4C-2K-3 Provide code section(s) here' APPEAL TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION TITLE 14, CHAPTER 6, ARTICLE W DATE: 04/22/2022 PROPERTY PARCEL NO: 2017023 APPEAL PROPERTY ADDRESS: 1926 KEOKUK STREET, IOWA CITY APPEAL PROPERTY ZONE: CC-2 APPEAL PROPERTY LOT SIZE: 0.602 Ac. APPLICANT: JAM Investments of Iowa City 1658 N. Milwaukee Avenue #107 Chicago, Illinois 60647 847 232 3201 CONTACT PERSON: Thomas V. Scesniak 1754 West Wise Road Schaumburg, Illinois 60193 847.352.5112 PROPERTY OWNER: JAM Investments of Iowa City 1658 N. Milwaukee Avenue #107 Chicago, Illinois 60647 847.232.3201 SPECIFIC REQUESTED SPECIAL EXCEPTION; 14.4B-3A PURPOSE FOR SPECIAL EXCEPTION: Drive Thru Restaurant DATE OF PREVIOUS APPLICATION OR APPEAL FILED, IF ANY: None INFORMATION TO BE PROVIDED BY APPLICANT: LEGAL DESCRIPTION OF PROPERTY: See Attache PLOT PLAN DRAWN TO SCALE: See Attached REVIEW. The Board shall review all applicable evidence regarding this site, existing and proposed structures, neighboring uses, parking areas, driveway locations, highway and street access, traffic generation and circulation, drainage, sanitary sewer and water systems, the operation of the specific proposed exception and other such other evidence as deemed appropriate. Drive thru pick-up windows for Popeyes Louisiana Chicken which is being installed in the remodeled empty existing structure (formally Pizza Hut) in PEPPERWOOD PLAZA. D. The applicant is required to present specific information, not just opinions, that the general criteria for granting of a special exception (Section 14-4B-3A, City Code), enumerated below, will be met: I The specificproposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The redesign of this site has changed, increased safety, accessability w/ new drives, parking and additional landscaping. 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish and impair values in the neighborhood. Popeyes Louisiana Chicken and similar facilities already exist in this commercial zone i.e. CC-2 and this remodel of an existing vacant structure will add to the value of the neighborhood and Pepperwood Plaza. 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 zone in which such property is located. The project as redesigned will be consistent with development in the surrounding area. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. All utilities are at/within the site. 5. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. All access in with in the Pepperwood Plaza minimizing traffic on the Public ROW. 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. Any and all modifications necessitated by the City of Iowa City review will be made bby the Architect assuring that all regulations will be in conformance., 7. The proposed use will be consistent with the Comprehensive Plan of the City. The proposed use is consistent List the names and mailing addresses of the record owners of all property located within 300 feet of the exterior limits of the property involved in this appeal: See Attached. Specific Criteria (14-4C-2K-3): Drive -Through Facilities Special Exception Approval Criteria a. Access and Circulation: The transportation system should be capable of supply supporting the proposed drive -through use in addition to the existing uses in the area. Evaluation factors include street capacity and level service, effects on traffic circulation, access requirements, separation of curb cuts, and pedestrian safety in addition to the following criteria: (1) Whenever possible and practical, drive -through lanes shall be accessed from secondary streets, alleys, or shared cross access drives. If applicant can demonstrate that access from a secondary street, alley, or shared cross access drive is not possible the board may grant access to a primary street, but may impose conditions such as limiting the width of the curb cut and drive, limiting the number of lanes, requiring the drive -through bays and stacking lanes to be enclosed with in the building envelope, and similar conditions. ACCESS VIA SHARED EXISTING DRIVES. (2) To provide for safe pedestrian movement, the number and width of curd cuts serving the use may be limited. A proposal for a new curb cut on any street is subject to the standards and restrictions in chapter 5, article C, "Access Management Standards", of this title. NO NEW CURB CUTS. (3) An Adequate number of stacking spaces must be provided to ensure traffic safety is not compromised. A minimum of six(6) stacking spaces is recommended for drive - through facilities associated with eating establishments and a minimum of four (4) stacking spaces for banking, pharmacies, and similar nonfood related drive -through facilities. "Stacking spaces" shall be defined as being twenty feet (20') in length and the width of one lane, one-way drive. The board may reduce the recommended number of stacking spaces if the applicant can demonstrate that the specific business has unique characteristics such that the recommended number of parking spaces is excessive (i.e., a drive -through that is to be used for pick up only and not ordering). HAVE PROVIDED FOR ELEVEN STACKING WITH IN AND ON THE SITE. (4) Sufficient on site signage and pavement markings shall be provided to indicate direction of vehicular travel, pedestrian crossing, stop signs, no entrance areas, and other controls to ensure vehicular and pedestrian movement. ALL SIGNAGE IS IN PLACE AND COMPLIES. b. Location: (1) In the CB-2 zone and in all other subdistricts of the riverfront crossings district located east of the Iowa River, drive -through lanes and service windows must be located on a nonstreet-facing facade. hi all other locations where drive-throughs are allowed, this location standard must be met, unless the applicant can demonstrate that a street facing location is preferable for the overall safety and efficiency of the site, does conflict with the adjacent uses or pedestrian access, and does not compromise the character of the street scape or neighborhood in which it is located. DRIVE THROUGH IS LOCATED ON NON STREET SIDE IN THIS CC-2 ZONE. (2) Drive -through lanes must beset back at least ten feet (10') feet from adjacent lot lines and public rights of way and screened from view according to design standards below. AGREED C. Design Standards: The number of drive -through lanes, stacking spaces, and paved area necessary for the drive -through facility not to be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located. The board of adjustment may increase or reduce these standards according to the circumstances affecting the site. (1) To promote comparability with surrounding development, the number of drive - through lanes should limited such that the amount of paving and stacking space does not diminish the design quality of the street scape or the safety of the pedestrian environment. THE EXISTING DRIVE THRU LANE IS COMPATIBLE AND AS RECONFIGURED ADDS ADDITIONAL GREEN SPACE. (2) Drive through lanes, bays and stacking spaces shall be screened from views from the street and adjacent properties to the S2 standard. If the drive through is located adjacent to a residential use or property zoned residential, it must be screened from view of these properties to at least the S3 standard. THE ADJUSTED LANDSCAPE PLAN COMPLIES (3) Multiple windows servicing a single stacking lane (e.g., order board, payment, window, pick up window) should be considered to reduce the amount of idling on 4 the site. AGREED, HAVE DONE SO. (4) Stacking spaces, driveways and drive through windows shall be located to minimize potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding landscape and street scape design of the neighborhood in which it is located. COMPLIES. (5) Lighting for the drive through facility must comply with the outdoor lighting standards set forth in chapter 5, article G of this title and must be designed to prevent light trespass and glare onto neighboring residential properties. AS REDESIGNED THE FACILITY COMPLIES. (6) (Rep. by Ord. 16-4685, 11-15-2016) (7) Loudspeakers or intercom systems, if allowed, should be located and directed to minimize disturbance to adjacent uses. Special consideration should be given to locations adjacent to residential uses to insure such systems do not diminish the residential character o. the neighborhood. SPEAKERS SYSTEMS ARE OMNI DIRECTIONAL, I.E. DIRECTED TO THE PERSON IN THE VEHICLE. VedfaW by pMRllw Date: April 24th 120 22 Date: April 24th 20 22 Date: April 24th 120 22 Tho as . Scesniak Property er- °`.(°a 'ffivestments of Iowa City. 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O O O O O O O O O O O .00000.. June 8, 2022 Board of Adjustment Meeting PRELIMINARY MEETING MINUTES ITEM 4 ON THE AGENDA April 13, 2022 Prepared by Staff MINUTES BOARD OF ADJUSTMENT FORMAL MEETING EMMA HARVAT HALL APRIL 13, 2022 — 5:15 PM MEMBERS PRESENT MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: CALL TO ORDER: PRELIMINARY Nancy Carlson, Gene Chrischilles, Amy Pretorius, Mark Russo Bryce Parker Sue Dulek, Kirk Lehmann Mike Oliveira, Peter Speltz The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Chrischilles outlining the role and purpose of the Board and the procedures that would be followed in the meeting. CONSIDER THE MARCH 9, 2022 MINUTES: Pretorius moved to approve the minutes of March 9, 2022, Russo seconded. A vote was taken and the motion carried 3-0 (Carlson absent for vote). SPECIAL EXCEPTION ITEM EXC22-0002: An application submitted by Mike Oliveira (Prestige Properties LLC) and David Ginger requesting to convert a two-family (duplex) use to a detached single-family use in a Central Business Service (CB-2) zone at 311 N. Gilbert Street. Chrischilles opened the public hearing. Lehmann noted the owner is asking for this exception on both this property and the property directly to the north and pointed the properties out on the location map. Both properties share a common driveway. The property is in a CB-2 zone but there are some residential uses around ii as well as some commercial uses. To the north are more residential uses and then Office Commercial to the east. This property was originally built as a detached single-family home more than 100 years ago and was converted to a duplex around 1977 based on rental permit information. The duplex has a one -bedroom unit on the main floor and a two -bedroom unit on the second floor. The property has two conforming parking spaces, however, it does have a rental occupancy of eight with four rental occupants per unit. The occupancy was determined in a study that was done around 2000, where they reviewed rental properties with non -conforming parking spaces and looked at residential occupancy, square footage, and then determined the rental occupancy and that's been carried forward since that time. Therefore, the legal rental permit for this property is up to eight occupants, four in each unit. Lehmann stated the CB-2 Board of Adjustment April 13, 2022 Page 2 of 13 zone does not allow detached single family or duplex uses, but there is a provision where a non- conforming use can be granted a special exception to convert to a different non -conforming use of the same or lesser intensity, provided all the approval criteria are met. Lehmann explained they typically see this where there's a commercial building in a single-family zone, so this is a bit of an unusual circumstance. Both of these uses would be non -conforming, and it would be less intense. The applicant has indicated a desire to transition the second -floor kitchen and living room back into bedrooms so that would increase the number of bedrooms to five. Again, based on the current onsite parking that there is, which is two conforming spaces, that would limit adult occupancy to three adult occupants based on the zoning code. That being said, the applicant has requested to use two offsite parking spaces to allow an additional two adult occupants, which is allowed per the zoning code at 14-5A-4F-1 and could be approved by the Director of Neighborhood Development Services. At this time, staff has received a complete application, but is still reviewing it and the potential for additional occupancy is a decision that's independent of this special exception and does not affect staffs recommendation regarding the conversion from a duplex to a detached single family use. Lehmann showed the site plan noting the property is about nine feet from the front lot line. He also stated the CB-2 zoning doesn't have that many dimensional standards so there really are no complications there. He pointed out the open space in the back, the parking area and the shared driveway to the north. The parking is one space in the driveway and one in the garage at the back of the site. The applicant also submitted proposed floor plans that show the five bedrooms proposed where there would be four on the upper story and one on the main level. The Board's role tonight is charged with approving, approval with conditions, or denying the application based on the facts presented. To approve the special exception the Board must find that all applicable approval criteria are met which includes specific standards for the waiver requested and then also for general standards, which apply to all special exceptions. The specific criteria are found at 14-4E-5B-2 which are for non -conforming uses and the Board of Adjustment may grant a special exception to allow a non -conforming use which is located in a structure not designed for a use allowed in the zone to be converted to a non -conforming use in a different use category or subgroup that is the same or lesser in intensity than the existing use provided the following conditions are met. The first condition is that the proposed use will be in a structure that was designed for use that is currently not allowed in the zone, for example a storefront commercial building located in a single-family residential zone. Lehmann noted in this case, 311 North Gilbert was constructed as a detached single-family use more than 100 years ago. It was subsequently converted into a duplex and CB-2 zones do not allow two family uses nor do they allow detached single family uses but the use is a legal non -conforming use. The second criterion is that it is the same or lesser level of intensity and impact than the existing use. Lehmann explained there's some commentary which is that the Board of Adjustment will make a determination regarding the relative intensity of the proposed use by weighing evidence presented by the applicant with regards to such factors as anticipated traffic generation, parking demand, hours of operation, residential occupancy, noise, dust and customer and or resident activity and the Board may also consider qualitative factors such as whether proposed use will serve an identified need in the surrounding neighborhood. Regarding intensity, Lehmann stated generally a detached single-family use, which is one dwelling unit, is considered a lesser intensity than a duplex use, which is two dwelling units, and the two dwelling units in the duplex Board of Adjustment April 13, 2022 Page 3 of 13 do have a combined rental occupancy of eight with four occupants in each unit. With the conversion to single family, the structure will only be able to have three adult occupants due to the property only having two parking spaces and that is exclusively with onsite parking. The impact of a single-family use will be of a lesser intensity than the impact of the duplex staff believes based on the reduction in the legacy rental occupancy. Additionally, once a duplex is converted to a single family use it may not be converted back to a prior non -conforming use. The third specific criterion is the proposed use is suitable for the subject structure and site. Lehmann stated it was originally constructed as detached single family and returning the duplex conversion to a detached single family is appropriate, so staff believes that this is met. The final criterion is the structure will not be structurally altered or enlarged in such a way as to enlarge the non -conforming use. Ordinary repair and maintenance and installation or relocation of walls, partitions, fixtures, wiring and plumbing is allowed as long as the use is not enlarged. Lehmann stated no physical changes will be made to the exterior of the house as part of the conversion. If approved, the applicant is proposed converting the second -floor kitchen and living room back into two bedrooms and removing the permanent separation between dwelling units. Staff recommends that converting the second -floor kitchen into a bedroom and removing the permanent barrier between units be conditions of approval because that would complete the transition from a duplex to a single family home. Increasing the number of bedrooms is an enlargement under the code which is typically not allowed for non -conforming uses but that would occur after it is converted into a non -conforming single-family use, and it may be enlarged provided the expansion does not increase other non -conforming situations on the property. Consequently, occupancy could be increased if the Board of Adjustment approves the conversion but staff does not consider the conversion itself to be an enlargement. Lehmann moved onto the seven general criteria for all special exceptions, found at 14-413-3. The first is that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. He noted the property is already a non -conforming use in a commercial zone and it would be converted into another less intensive non -conforming use. He also noted there are no physical changes to the exterior structure. Currently the two dwelling units in the duplex have a combined rental occupancy of eight with four occupants in each unit, and with the conversion to single family, the structure will be restricted to three adult occupants as the property only has two off street parking spaces. The second criterion is that the proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. Staff finds that the conversion of the property from a duplex to detached single family is changing it back to its original use. The area has a mix of residential and commercial uses which includes single family homes, so staff anticipates no impacts on the surrounding property values. Third criterion is that the establishment of the exception will not impede the normal and orderly development and improvement of surrounding properties for the area. Lehmann stated the surrounding area is already fully developed with a mix of residential and commercial uses, including some established businesses. There are no proposed physical changes to the exterior of the structure and the property complies with setbacks in the CB-2 zone. Board of Adjustment April 13, 2022 Page 4 of 13 Fourth, adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. It's an already developed property with all utilities access roads, drainage and necessary facilities established. Lehmann noted pedestrian access is available along North Gilbert Street to the east and vehicular access to shared parking is provided in conjunction with the adjacent property to the north, which is 315 North Gilbert Street, and access will not change due to the proposed exception. Also, because there are no impacts to the exterior of the structure, it won't impact stormwater at all, so staff believes that this criterion is met. The fifth criterion is that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. Again, there are no changes to the proposed driveway, sidewalk or streets and the property has two conforming parking spaces, but it will need to continue to share access with 315 North Gilbert Street to ensure access to that parking. As for traffic, it's anticipated that it would be similar to other single family uses in Iowa City. Six is that the special exception complies with all other standards in the code. Lehmann noted the property meets all dimensional standards for the C13-2 zone and all single-family site development standards including open space requirements. As noted earlier, to ensure adequate access for the properties two parking spaces, it has to continue to share access with 315 North Gilbert Street. Finally, because the property would convert to a single-family use with two parking spaces, the maximum occupancy of property would be restricted to three adult occupants. The final criterion is that it must comply with the Comprehensive Plan of the City. The future land use map designations for this property in the Comprehensive Plan shows it as mixed use and the Central District Plan shows it as urban commercial. The zoning is consistent with these categories and will not change as a result of special exception. Also, a nonconforming use in a structure not designed for a use allowed in the zone may be converted to a different, less intense nonconforming use. In addition, the Central District plan has goals to maintain and improve older housing stock and encourages reinvestment in residential properties throughout the District, so returning a duplex conversion back into single family home better reflects the original use of the property until such a time as the property is redeveloped. Staff recommends approval of EXC22-0002, to convert a two-family (duplex) use to a detached single-family use for the property at 311 N. Gilbert Street subject to the following conditions: 1. The physical, permanent separation between dwelling units within the duplex must be removed prior to issuance of a certificate of occupancy. 2. The kitchen on the second floor must be converted to a legal bedroom prior to issuance of a rental permit. Staff did receive several inquiries, and also a late public comment which for those in the audience is available near the door. It was a letter from Don and Dorothy Fowles, and a few of the highlights from the letter are, first they note the staff report notes that only three adult occupants can reside there based on parking but the applicant has requested offsite parking, which could affect the findings. They also note that the single-family use with five bedrooms being requested is more intense than the current use on the property and that the owner would like to allow a larger number of non -familial individuals live there so the term single family is inaccurate. Also that the rental permit numbers are so high that they lead to false conclusions. Board of Adjustment April 13, 2022 Page 5 of 13 With regards to the adult occupancy and offsite parking, in looking at single family uses, Lehmann stated the parking that is currently approved for the property, which is all staff can make a determination on at the current time, would restrict it to three adult occupants. The applicant has requested two additional offsite parking spaces and if that's approved, they could increase that to five adult occupants. Even with five adult occupants staff sees that as being a reduction just based on that legacy rental occupancy where they could have eight occupants. Whether that's a reasonable number of occupants doesn't factor into staffs determination, because legally they could have a duplex with eight adult occupants so staff would still see five as reduction based on that occupancy. The Board can make their own determination. Russo wondered what the parking requirement for an occupancy of eight people would be. Lehmann replied the parking doesn't factor in because it's a grandfathered situation and the study in 2000 looked at all rental properties within the City that had non -conforming parking and that's when the determinations were made as to what those occupancies were. So the occupancy that they currently have is allowed regardless of the parking. Because they're converting the use, they would lose that grandfathered status, and then they have to comply with the zoning code. Dulek explained just for a little background, for the study in 2000, Council appointed a neighborhood task force to make sure everybody understood what the occupancy was for every rental unit. Some were obviously easy like a brand new two -bedroom apartment, but these older homes that had been divided up over the years were a little harder to determine. They went through every one of them and put a number on and allowed the owner to comment. This was maybe a two-year process on the renewal of all the rental properties looking at the last 20 years and it noted eight people living in this house, and they will probably have eight people living in this house, regardless of the parking. So that was some of the type of standards used to try to determine parking for all rental units, but in particular those that are non -conforming with respect to parking, were just assigned at that time and grandfathered since then. Lehmann noted additionally, there are also some grandfathered parking spaces that would not be considered conforming parking spaces under the current zoning code. For example, they can only have two cars stacked and have that count as conforming parking for properties with long driveways, even if three or four cars might fit. Russo asked if they convert to single family, they lose that grandfather status, but then they can climb back towards eight occupants. Lehmann explained to do that they have to find conforming parking spaces and there's a provision that allows offsite parking with certain standards, and there has to be a special plan. The applicant did submit a plan that was included in the packet, but the parking has to be within 300 feet from the entrance in a commercial zone, which is what this property is located in. It would have to be on top of whatever other parking is required there, they can't just swap out parking and say they have additional spaces when they don't. In terms of approval criteria, the Director of Neighborhood Development Services would consider the desirability proposed off street parking and stacking spaces location, pedestrian vehicular traffic safety, any detrimental effects on adjacent property, the appearance of the streetscape as a consequence of the off street parking and in the case of non -required parking, the need for additional off street parking. And then it also requires a written agreement between the property owners so that they can continue to be used as parking for whichever property has the offsite parking. Therefore, this isn't really a reduction in parking, it's just offsite parking. Board of Adjustment April 13, 2022 Page 6 of 13 Pretorius asked Lehmann to confirm that the rental occupancy would also be based on the number of bedrooms, which is now five. What if somehow they figured out in the future the remodel has eight bedrooms and they need much more off street parking, could they get back up to that number again. Lehmann confirmed the rental occupancy with the current exception proposed allows for three adults due to parking, it can go up to five adults if the off -site parking is granted, but it would never approach eight again. Chrischilles asked if the exception is granted, and they get the parking spaces, and the property can go to five occupants, what happens if the property is sold to someone else other than Prestige and does not have access to the additional parking, does the property go back to only two spaces and back to three people. Lehmann said it could go either way, depending on how the covenant is written. Typically, they would expect it to be a permanent covenant, but it doesn't have to be so it could be a situation where it reverts back because it no longer has offsite parking. Anytime a new rental permit is issued, that would be when they would determine the parking and occupancy. Chrischilles asked if the Board can stipulate that if the property is sold, and they don't have access to the additional two spaces, it automatically be reverted back to three. Lehmann stated the Board can only place conditions that would tie into the approval criteria that they have before them. The offsite parking will be decided by the Director of the Neighborhood and Development Services and the covenant will be reviewed by the City Attorney. Lehmann stated the Director will make the determination as to whether to approve the parking based on the approval criteria and qualifying factors where it's 300 feet, the same zones, those sorts of things. Those all appear to be met. She will also review the desirability of the proposed off street parking space location, safety, detrimental effects on adjacent property, appearance, streetscape, and a need for additional off-street parking. It is an independent decision and not based on the Board's approval tonight because there are already two conforming spaces. Carlson asked if the Board is just voting tonight on converting it to a single-family house, taking the kitchen off upstairs and removing the wall between the two units. Lehmann confirmed that is correct but noted the Board can propose any conditions that they may believe are needed to mitigate any negative impacts that that apply to the approval criteria. Lehmann noted the two conditions, the separation and the conversion of the second -floor kitchen, are staffs recommended conditions based on if they're going to convert it from duplex to single family, it makes sense to get rid of the vestiges of a duplex. Dulek noted the standards themselves in the special exception do not address the offsite parking, and they can only add it as a condition if they feel that offsite parking can be tied to one of the standards. Russo asked if this offsite parking is common. Lehmann stated typically, they see more offsite parking in larger uses, generally they don't see it with single family uses. The 300 feet can be challenging, because that basically means that the parking has to be within a block, and especially downtown parking can be pretty tight. Additionally, it's often tied up with the occupancy of the properties. Mike Oliveira (Prestige Properties) stated they have successfully converted duplexes into single-family homes before. Their last conversion was at 527 North Van Buren, which was an Board of Adjustment April 13, 2022 Page 7 of 13 older home that was a duplex and in disrepair, so they converted it back to a single-family rental, met all the criteria, all the green space requirements and completed all the massive amount of paperwork it takes to get through that process with the City. They have now purchased 311 and 315 North Gilbert Street and they own eight properties adjacent to this these properties. Therefore, he is a currently vested stakeholder in what happens in these properties and has personally lived two houses away. When they purchased these properties, they had the option to take a look at tearing it down right away to do redevelopment, or put a placeholder in place, which is what they currently think that they should do and convert it back to a single- family home. The duplex conversion that was done many years ago really cuts up these houses and makes them very hard to live with in and has been a disgrace to these wonderful older houses. They are looking at converting 311 and 315 back to single family, they have already begun work in the houses, have them all painted, got them all fixed up, they're just waiting to decide on what's going to happen with the kitchens. There's 10 foot high ceilings in these old houses and they're really beautiful. Oliveira did want to address the issue that was brought up with the letter that was submitted, they're actually reducing the occupancy on these homes but the parking situation in that neighborhood is difficult. It's difficult because of the university, university staff park there every day as well as students. Because Prestige is fortunate enough to own the surrounding properties within the same commercial zone it will allow them an exception to convert these back to single family and use the other buildings to meet the parking requirements. He is confident that they will meet those parking requirements but for some reason if staff comes up with some things that his legal staff cannot see then they'll just leave it as a duplex and will lease them out as they see fit according to the rental permit. Oliveira noted his company is putting a lot of money to try to fix these houses up, they could tear them down, but that would not be good for the neighborhood. These homes would make nice single-family rentals, they're easier to manage than duplexes, and they get better quality tenants. Pretorius noted Oliveira mentioned they've already done a lot of work to the property so if the Board grants this exception to allow the removal of the kitchen and whatnot, is there anything else as far as rehabilitation of the interior or exterior to be done. Oliveira replied the lady that owned this building for last two years was moved into a rest home, but she was a hoarder, so the house was full. There is a tenant that lives in 315 who's been there a long time but he's been given all the proper notices about fixing up the building and converting the inside. They have gone through all the buildings and painted, patched up, fix the bathrooms, they are just waiting to do the kitchens based on if there will be one or two kitchens. Their philosophy when they go through one of these renovations is if they make the rental units nice, the tenants are nice. There was a lot of original woodwork and the electricity is good, the furnaces are good, it was just a lot of cleaning up as they had almost $1,000 with the dump fees. Chrischilles asked if they are planning on any extra exterior improvements. Oliveira stated they are not going to change the outside, but they'll fix the siding and gutters this spring as those are things they can't do during an Iowa winter. So far their focus has been on the inside. Peter Soeltz (Fairchild Street) is a neighbor that just moved here recently and lives on Fairchild Street and owns rental property on North Gilbert, a very nice single-family home with two parking spaces and three bedrooms. He walks by those houses every day and they're really Board of Adjustment April 13, 2022 Page 8 of 13 beautiful houses so he really hopes they preserve them, and not tear them down. He hopes whatever the Board can do to help would be great as he would love to see more families move into the neighborhood. Right now it's all college kids, like when they tried to rent their house, only college kids applied but maybe as a single family, maybe more families will want to move into the area. He also added the rental permit will handle the parking. Carlson asked when the house was originally built how many bedrooms did it have. Oliveira stated the floor plans he submitted is originally how the house was laid out so it will be exactly like the house when it was built. Chrischilles closed the public hearing. Russo noted apparently the writer of this letter just really doesn't understand the intricacies of what's involved in the offsite parking spaces. Pretorius agreed, it looks like they're making some assumptions and the Board simply has to go with the facts that are given to them. Russo stated however their concern would be his concern as well, that if ownership changes, that the offsite parking stays with the property. Pretorius stated it sounds like there will be a covenant where that will be decided, but it sounds like if he was to sell the property at some point in time to somebody else, and they didn't have access to that off street parking that it would revert back to three adults. Chrischilles agreed that's really the crux of the importance if this exception is granted, and if the additional parking is granted, thus allowing them to do this conversion and go to five bedrooms, if it's sold and the parking somehow goes away, then it reverts back to occupancy of three adults. But how the best way to do that is or if it's automatic is where he is confused. Pretorius noted to her it sounds like the other department and the City are going to come up with language that specifically states how that will happen. Chrischilles agrees with some things in this letter but thinks their initial complaint that whether or not the occupancy in this property of eight is realistic is not relevant, because the City allows eight. But if this exception goes though then the occupancy will be five and that's a reduction. Chrischilles wanted to know why the letter writer feels this is poorly impacting the neighborhood and how does it affect their property, they don't live there, they own and rent the property at 310 North Gilbert, but they're not here to tell us so the Board has to base their decision on the information they have. Carlson added one thing, the floor plan looks like a family house, now whether it will be rented to a family or be rented to students they have no control over that. But there's only one Board of Adjustment April 13, 2022 Page 9 of 13 bathroom on each floor, there is not a bathroom for each bedroom, which really pushes directly to students. Therefore hopefully this rental will be more conducive to actually have a family. Pretorius recommends approval of EXC22-0002, to convert a two-family (duplex) use to a detached single-family use for the property at 311 N. Gilbert Street subject to the following conditions: 1. The physical, permanent separation between dwelling units within the duplex must be removed prior to the issuance of a certificate of occupancy. 2. The kitchen on the second floor must be converted to a legal bedroom prior to issuance of a rental permit. Russo seconded the motion. Pretorius stated regarding agenda item EXC22-0002 she does concur with the findings set forth in the staff report of this meeting date, April 13, 2022 and concludes that the general and specific criteria are satisfied, so unless amended or opposed by another board member she recommends that the Board adopt the findings in the staff report for the approval of this exception. Russo seconded the findings of fact. A vote was taken and the motion passed 4-0. Chrischilles stated the motion declared approved, any person who wishes to appeal this decision to a court of record may do so within 30 days after this decision is filed with the City Clerk's Office. SPECIAL EXCEPTION ITEM EXC22-0003: An application submitted by Mike Oliveira (Prestige Properties LLC) and David Ginger requesting to convert a two-family (duplex) use to a detached single-family use in a Central Business Service (CB-2) zone at 315 N. Gilbert Street. Chrischilles opened the public hearing. Lehmann noted this obviously will sound pretty similar to the last case so he'll try to just highlight the differences rather than go over all the intricacies again. They did require two special exceptions because they're independent properties that just share a driveway. This property is just to the north, it's right on the alley. Again, it's surrounded by a mix of uses, including single family homes, commercial, multifamily, and zoned CB-2 as well. This property is across the alley from the RNS-12 zoning designation, unlike other property, but otherwise, it's in similar circumstances. This property was similarly built more than 100 years ago, in terms of when it was converted into a duplex it was done by at least 1977 based on the earliest rental permits. This property has a one -bedroom unit on the main floor and then a one -bedroom unit on the second floor as well. It also has two conforming parking spaces though the rental permit says that it has four parking spaces so it's grandfathered for four and its rental occupancy is actually higher than the other property with a total of 10 or five for each unit. Again, it was determined through that same process whereby non -conforming parking was allocated for rental properties. Again, it's in the CB-2 zone so that doesn't allow detached single family or duplexes Board of Adjustment April 13, 2022 Page 10 of 13 and the applicant would like to convert it back into single family. Because this property actually has one fewer bedroom, it would be converted to a four -bedroom unit but it would be subject to that same three person adult occupancy due to the two conforming parking spaces on the site. Lehmann noted the driveway is approximately long enough to fit three spaces in the driveway but the other property didn't have that because it's a narrower driveway on that property and it gets pretty tight between the buildings. But for the purpose of the exception, it goes back to two parking spaces so the applicant has requested one offsite parking space, similar to the other property, and that would let them have four adult occupants, which would equal the number of bedrooms. In the correspondence staff received, they noted that in the application they actually requested two parking spaces for this site, but Lehmann believes that that was an error on the part of the applicant, because based on every conversation he's had, they want to be able to have four adult occupants. Lehmann reiterated however that the determination is not really being considered by this Board. Lehmann showed some pictures of the property and the submitted proposed floor plan. There would be three bedrooms on the upper story and one bedroom on the main level. The main level would also have the living room, the dining room and kitchen. The Board is charged with approving, approving with conditions, or denying the application based on facts presented from both specific and general standards. The specific standards found at 14-4E-5B-2 for a non -conforming use not allowed in the zone had the four specific criteria. The first is that it's in a structure designed for use not currently in the zone. Again, this was also constructed as a single-family home and subsequently converted to a duplex. Neither of those uses are allowed under the current zoning. Second is the proposed use will have a same or lesser intensity than the existing use. Again, one unit is less than two units and 10 occupants between the two units would be reduced to three adult occupants with two parking spaces and even with offsite parking the use would still be limited to four which is less than it currently has. Third, is it a suitable use for the subject structure. Lehmann reiterated it was built as a single-family home and was converted, so returning it to a single-family home seems appropriate. Finally, it will not be structurally altered or enlarged in any way. Again, no exterior changes to the outside of the house are currently proposed. Internally they would convert the second floor kitchen and living room back in two bedrooms and remove the permanent separation between dwelling units. Staff does again recommend those be conditions of approval. The general criteria found at 14-4B-3A are one, whether it's detrimental to health, safety or welfare. Again, the same comments as the last application other than it's got an occupancy of 10 in this one with five occupants in each unit and that would be reduced with the conversion. Second, that it won't injure property in the vicinity and it's changing it back to its original use so staff anticipates no impacts. Third, that it will not affect development on surrounding properties. The area is fully developed and there are no physical changes and it complies with the setbacks in the zone, so staff anticipates no issues. Fourth, that it has all applicable infrastructure, again it's already developed and there is pedestrian access on the east. Lehmann noted this one does have a wider driveway access that is shared with the one to the south but because its wider it allows easier access to parking at the rear. If these properties were split at any time, the Board of Adjustment April 13, 2022 Page 11 of 13 property to the south would have some issues with access, but this property would not. As far as the fifth criteria regarding ingress and egress, there are no changes being proposed. Anticipated traffic is expected to be similar to other single-family houses in Iowa City and it has two conforming parking spaces. Six, that it meets all other standards in the code. Staff believes that this criterion is met. And finally, that is consistent with the Comprehensive Plan. This property is also shown as mixed use and urban commercial like the property to the south and the zoning is consistent with that, but the zoning code does allow some non -conforming uses to convert within that zone. The Central Planning District has goals related to maintaining and improving older housing stock and encouraging reinvestment in residential properties so staff believes that the conversion meets this criteria until such time as the property is redeveloped if it ever is. Staff recommends approval of EXC22-0003, to convert a two-family (duplex) use to a detached single-family use for the property at 315 N. Gilbert Street subject to the following conditions: 1. The physical, permanent separation between dwelling units within the duplex must be removed prior to issuance of a certificate of occupancy. 2. The kitchen on the second floor must be converted to a legal bedroom prior to issuance of a rental permit. Lehmann noted as for public comments, this property was also addressed in that same letter, the only difference that applies to this property that didn't apply to the other one was that comment about the applicant had requested two off -site parking spaces for this property, but based on the rental permitting process, they would only be allowed four occupants because they have four bedrooms and based on conversations with the applicant staff only anticipates that they would want one off -site space. Staff believes that it's a non -issue with this proposal. Mike Oliveira (Prestige Properties) noted 315 is a unique building because it's a little bit different than the other one, it's a smaller footprint with four bedrooms rather than five. They have additional offsite parking within 300 feet so there shouldn't be a problem getting this one approved. Chrischilles noted in previous exceptions, the Board had stipulations that they build according to the site plans submitted, does that apply here. Lehmann replied typically, staff recommends that where there are changes to the site, such as with drive-throughs, but when it comes to converting a duplex to a single-family house staff did not see a reason to require that. Oliveira also wanted to address a comment by the speaker in the last item, he made an interesting comment and because Oliveira also lives in that neighborhood, and invested a lot of money in converting the 331 North Gilbert back to a single family use, the challenge he has impressed upon the City Council and some of the Northside Neighborhood people that live there is if they're going to convert housing stock back to single family, the City needs to have a way to incent the homeowner to do that, because it's not going to have happen naturally. People ask why aren't the single-family people moving back in there, well it's because it's too expensive. Chrischilles closed the public hearing. Board of Adjustment April 13, 2022 Page 12 of 13 Chrischilles wanted to say that if the City goes through another process of assigning occupancy limits to non -conforming properties, don't hire that same company because it's crazy how they came up with those numbers. Carlson stated the proposed exception will be consistent with the Comprehensive Plan of the City and also really appreciates that the Central District Plan mentioned to maintain and improve older housing stock. Pretorius recommends approval of EXC22-0003, to convert a two-family (duplex) use to a detached single-family use for the property at 315 N. Gilbert Street subject to the following conditions: 1. The physical, permanent separation between dwelling units within the duplex must be removed prior to issuance of a certificate of occupancy. 2. The kitchen on the second floor must be converted to a legal bedroom prior to issuance of a rental permit. Carlson seconded the motion. Pretorius stated regarding agenda item EXC22-0003 she does concur with the findings set forth in the staff report of this meeting date, April 13, 2022 and concludes that the general and specific criteria are satisfied, so unless amended or opposed by another board member she recommends that the Board adopt the findings in the staff report for the approval of this exception. Chrischilles seconded the findings of fact. A vote was taken and the motion passed 4-0. Chrischilles stated the motion declared approved, any person who wishes to appeal this decision to a court of record may do so within 30 days after this decision is filed with the City Clerk's Office. BOARD ANNOUNCEMENTS: Lehmann noted there won't be May meeting as there are no applications, the next meeting will be June 8. Lehmann also announced there are fair housing training sessions that the Office of Equity and Human Rights in the City are doing, the training is going to be on Wednesday April 20 from 10am to noon. The training will cover best practices, discriminatory advertising, and a couple things related to fair housing. If interested in attending, let him know. ADJOURNMENT: Russo moved to adjourn this meeting, Pretorius seconded, a vote was taken and all approved. Board of Adjustment April 13, 2022 Page 13 of 13 BOARD OF ADJUSTMENT ATTENDANCE RECORD 2021 - 2022 NAME TERM EXP. 7/14 8/11 9/8 10/13 1218 319 4/13 CHRISCHILLES, GENE 12/31/2022 O/E X X X X X X PARKER, BRYCE 12/31/2024 X X O X X X O/E PRETORIUS, AMY 12/31/2023 X X X X X X X CARLSON, NANCY 12/31/2025 X X X 0/E X X X RUSSO, MARK 12/31/2021 X X X X X O/E X Key: X = Present O = Absent O/E = Absent/Excused -- -- = Not a Member Board of Adjustment City of Iowa City June 8, 2022 4 i , NDS 1 ,r Agenda Item 3a: Special Exception CITY 01 IOWA CITY EXC22-0004: An application submitted by JAM Investments of Iowa City requesting to expand an existing drive -through facility associated with an eating establishment in a Community Commercial (CC-2) zone at 1926 Keokuk Street. l 1 4 i 1 CITY of IowA CITY it 0 f s ! e 1 n lift t !� 4 F 4 6 ✓AR R . ti.. , � � F r = 4 • 'SOIY�HG0.T EAVE ' • r An application submitted by JAM Investments of Irnva City fora special exceptionallowing aexpansfonofanexisting .'� •^ ., 3r. drive through for an eating establishment for 0.63 acres of property located at 1926 Keokuk Street. I I' t� t1 -I _b .t VPIC "'- �SOHTHG7EAVE f�G An application submitted by JAM Investments of Imva City for a special exception allowing a expansion of an existing drive through for an eating establishment for 0.63 acres of property located at 1926 Keokuk Street. CITY of IowA CITY % -"Qa.'a'T011MI Y",JUI RSE. s.. E� r h f n �. &A* ,.:IVA { h ``r . Background i r � N`� CITY OF IOWA CITY • The applicant is requesting a special exception to expand a portion of the existing drive -through facility at 1926 Keokuk Street • The building was constructed in 2004 (prior to current zoning code) • The existing drive -through is considered legal non -conforming development • Access • Most directly from Keokuk Street through shared drives in Pepperwood Plaza • The existing drive -through facility is entered through the on -site parking lot, runs along the west property line, and exits back onto the shared drive • Pedestrian paths that connect throughout Pepperwood Plaza run along the east property line • Proposed project is best seen on the site plan SET 5 AP Ril816° ocY ftEiPP WIC li W RED AR FOUNDWS�GPP #g165� �REIE 10 Y i�6T iausT SNAU pS9NP�t ACpCMOflNDDppE WINp PEAT THEREOF REGO RECORDS Of THE .NHNSON MONEY Y SN AS h Fo sSLL (poVMSPWisvl z AALSS LE �STALLS T&IILdNG (iY I1II^ er 30 192 3 � SF ST 677 l9 43 00 oxAIL} >E NP�i ca+cvt rGGUG L2 1pVEY NONEY �pGUSi E000Si 23 (LOT AREA 26,252 S.F.) 1T HOOK 61 AT PAGE 66 OF THE 3 MCE COXC.RX y nWXP' PSPXnEi CET, 10 STPNf3AHH STALLS (iiT') v N FOUNDS/8PR#8165 nv nvnAL W/C'.A i'�i:4gW 62r%j fiFRS 15© _�0582 �052 euIInING �nTEnscw•�i 'I wix HPNOHtl£ ( _ GOMCRCIE IJ EXISTING 'i POLE LIGHT I(FIXTURE wNE i^/ Wvwn wp;an FO OLD �5/8 Rd8T65—���-- N87'57528W W PPo rn�i w;;Mm^ \N / 65. IIL Lei COLUMNAR MAPLE P existing site plan SCALE: 1 "=20'-0" LEGAL DESCRIPTION li W REB AR FOUND��GPP #g165� Oq�LREIE 14' Y I 10 IT` S ST ��LUSi SJB'E�pss �pC05i 188,00, 8.00' St U F A1MD�4oOp'� pAGEREP E RD09' PSpNP�, ACCOFopREC wRx ,HE PUT THEREr' „EcoFCEO n RECORDS OF THE JOHNS' .A FECgi EA. sH e 0 v7+P,[ O uR z ACAc S50L sinus f� PisPW,sv� u STALLS� I STY' �LE I LOI G n 192 3 SF gT 677 l9 gym' �RPIL} LLJL� HALS cON HL,E Hw-lo 11 IpVEY NONEY "'ST Eocvsr 23 (LOT AREA 26,252 S.F.) 1T 0001( 61 AT PAGE 66 OE THE i MCE CONERX y P`t H. PSPXPLi LrP�ji1ER to STANDARD SPUR v N NN AZvr FOUND 5/8P #g165 PVNPt �- Su 9A oytp W/GA i':qgW oorMWS TRH 15© 1 I _�0562 �52 6ullN6+o GIAS OMCRCIE N, 'I lun _ __ HPNOHtl£ ( L� IJ EXISTING POLE LIGHT I(FIXTURE wNL ,^/ WvwN wp;an FOUND EEAP 5/8?Rd8165—���-- N87'57528W \N 65. IIL Lei PG COLUMNAR NAILS P existing site plan SCALE: 1'-20'—O" LEGAL DES MPNON ADJUSTED SITE PLAN SCALE: 1" = 20'-0" MOTE: ILLUSI ATEO PAVEMENT MARKINGS SH4 BE PERMA MARKINGS. Q FREE COVID -09 TESTING e:i ,r Role of the Board of Adjustment CITY OFIOWACITY • The Board of Adjustment is charged with approving, approving with conditions, or denying the application based on the facts presented. • To approve the special exception, the Board must find that it meets all applicable approval criteria: • Specific Standards pertaining to the waiver requested • General Standards for all Special Exceptions Specific Standards ,r CITY OF IOWA CITY 14-4C-2K-3: Drive Through Facilities a. Access and Circulation: The transportation system should be capable of safely supporting the proposed drive -through use in addition to the existing uses in the area. (1) Wherever possible and practical, drive -through lanes shall be accessed from secondary streets, alleys, or shared cross access drives... Findings: • Accessed is from a shared private drive • Part of the Pepperwood Plaza tract • Connects to Keokuk Street (west), Highway 6E (north), and Broadway Street (east) • The proposed drive -through facility is accessed through onsite parking from the shared private drive and cannot be directly accessed from a street (2) To provide for safe pedestrian movement, the number and width of curb cuts serving the use may be limited... Findings: • No changes to curb cuts are proposed as part of the project on public streets or in areas where pedestrian movement is anticipated (3) An adequate number of stacking spaces must be provided to ensure traffic safety is not compromised. A minimum of six ... stacking spaces is recommended for drive -through facilities associated with eating establishments... Findings: • The site plan shows 2 order lanes that converge into a single pick-up lane with a combined capacity for 12 vehicles • The drive -through exceeds the minimum requirement to accommodates 6 stacking spaces • The parking aisle leading to the drive -through has adequate space to accommodate any spillover traffic and minimize traffic safety impacts • Staff recommends general compliance with the site plan be a condition of approval to ensure traffic safety is not compromised (4) Sufficient on site signage and pavement markings shall be provided to indicate direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to ensure safe vehicular and pedestrian movement Findings: • The site plan indicates directional arrows in the drive -through and parking areas and a `do not enter sign' at the drive -through exit • The pedestrian route along the east property line is demarcated with dyed concrete where it crosses the parking aisle Specific Standards 14-4C-2K-3: Drive Through Facilities b. Location ,r CITY OF IOWA CITY (1) ...drive -through lanes and service windows must be located on a nonstreet-facing fagade... unless the applicant can demonstrate that a street - facing location is preferable for the overall safety and efficiency of the site, does not conflict with adjacent uses or pedestrian access, and does not compromise the character of the streetscape or neighborhood in which it is located. Findings: • The proposed drive -through is an expansion of an existing non- conforming drive -through on the Keokuk -Street -facing fagade • A portion of the existing non -conforming drive -through will continue to be utilized • Changes to the existing drive -through due to the proposed expansion do not affect pedestrian access • The subject property does not currently have street trees as a legal non -conforming development, but a new street tree is shown on the site plan which helps provide consistency with typical commercial streetscapes The proposed facility is consistent with adjacent commercial uses and does not substantially change the character of the area if in (2) Drive -through lanes must be set back at least ten feet (10') from adjacent lot lines and public rights of way and screened from view according to the design standards below. Findings: • All new portions of the proposed drive -through facility are set back at least 10 feet from the Keokuk Street right-of-way • Existing portions of the drive -through facility that are less than 10 feet are allowed to remain as part of an existing non -conforming development • A landscaping plan was submitted (discussed in following criteria) Specific Standards ,r CITY OF IOWA CITY 14-4C-2K-3: Drive Through Facilities c. Design Standards: The number of drive -through lanes, stacking spaces, and paved area necessary for the drive -through facility will not be detrimental to adjacent residential properties or detract from or interrupt pedestrian circulation or the commercial character of the area in which the use is located. (1) To promote compatibility with surrounding development, the number of drive -through lanes should be limited to not diminish the design quality of the streetscape or the safety of the pedestrian environment Findings: • The site plan shows two drive -through lanes that converge into a single 14-foot lane along the west edge of property • The proposed drive -through facility expands an existing drive - through area in a commercial district, but the expansion is limited to adding two lanes with four additional stacking spaces • Screening between the new portion of the drive -through lanes and Keokuk Street right-of-way will help minimize the impacts of stacking on surrounding development and the pedestrian environment • The amount of paving will not be increased due to the proposed project (2) Drive -through lanes, bays, and stacking spaces shall be screened from views from the street and adjacent properties to the S2 standard. If ... adjacent to a residential use or property zoned residential, it must be screened from view of these properties to at least the S3 standard___ Findings: • The drive -through facility is not adjacent to residential uses or property zoned residential • All new portions of the proposed drive -through facility are screened from Keokuk Street and adjacent properties to the S2 standard • Existing portions of the drive -through facility that are not screened to the S2 standard are allowed to remain as part of an existing non -conforming development (3) Multiple windows servicing a single stacking lane (e.g., order board, payment window, pick up window) should be considered to reduce the amount of idling on the site. Findings: • Two kiosks for ordering and a single window for payment and pick-up are proposed for the drive -through (4) Stacking spaces, driveways, and drive -through windows shall be located to minimize potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding landscape and streetscape design of the neiahborhood in which it is located. Findings: • No new vehicular and pedestrian conflicts are created by the proposed facility • There may be potential conflicts between vehicles exiting the drive -through lane and vehicles utilizing shared drives, but there is adequate room to maneuver, traffic speeds are slow, traffic volumes are low, and visibility is good • The proposed drive -through facility expands an existing drive - through area in a commercial district • Landscaping elements ensure that it is integrated into the surrounding landscape and streetscape design of the area (5) Lighting for the drive -through facility must comply with the outdoor lighting standards set forth in chapter 5, article G of this title and must be designed to prevent light trespass and glare onto neighboring residential properties Findings: • The submitted photometric plan meets the City's physical control standards, which helps control light trespass and glare • A total outdoor light output calculation has not been included on the photometric plan • A revised photometric plan with this calculation in compliance with current standards shall be required prior to site plan approval (7) Loudspeakers or intercom systems, if allowed, should be located and directed to minimize disturbance to adjacent uses. Special consideration should be given to locations adjacent to residential uses to ensure such systems do not diminish the residential character of the neiahborhood Findings: • The two kiosks for ordering are oriented north, which means they do not face towards the adjacent right-of-way • The property is not adjacent to residential uses General Standards 14-413-3: Special Exception Review Requirements. ,r CITY OF IOWA CITY 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare Findings: • The proposed drive -through expands an existing facility but is not expected to substantially increase vehicular traffic to the site over previous levels • Vehicular circulation and access are adequate to accommodate drive -through traffic • No new vehicular and pedestrian conflicts are created by the expanded facility • There may be potential conflicts between vehicles exiting the drive -through lane and vehicles utilizing shared drives, but there is adequate room to maneuver, traffic speeds are slow, traffic volumes are low, and visibility is good 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 property is in a commercial area and is complimentary to surrounding uses • Screening and a new street tree help mitigate impacts to adjacent properties 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 area is fully developed with commercial uses • Future redevelopment and improvement of adjacent properties will not be affected 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided Findings: • Sufficient utilities, access roads, and most necessary facilities are established for this area and can meet the proposed site requirements • The project expands green space and landscaping which reduces stormwater runoff 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets Findings: • There is adequate space for stacking vehicles • The proposed drive -through lanes are accessed from and exit to shared drives • There may be potential conflicts between vehicles exiting the drive -through lane and vehicles utilizing shared drives, but there is adequate room to maneuver, traffic speeds are slow, traffic volumes are low, and visibility is good • Signage and pavement markings will help efficiently direct vehicles through the site • The site plan as proposed is not expected to negatively impact ingress or egress on public streets, nor substantially affect traffic congestion 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 use will reduce the amount of parking spaces, but the project retains 20 spaces, which is well above the minimum parking requirement of 9 spaces • The site plan includes 6 bicycle parking spaces • The property is a legal non -conforming development, and the proposed project does not increase occupancy • Several onsite features will remain legal non -conforming • Any alterations to the site must comply with current standards • Staff will ensure changes to the site design conform with any applicable zoning standards and regulations during the subsequent site plan review 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended Findings: • Future Land Use Maps designate the subject property as follows: • Comprehensive Plan: General Commercial • South District Plan: Commercial • The Comprehensive Plan supports encouraging "new business development in existing core or neighborhood commercial areas" • The proposed use of this property is consistent with Comprehensive and District Plans ,r Staff Recommendation CITY OFIOWACITY Staff recommends approval of EXC22-0004, to allow a drive -through facility for the property located at 1926 Keokuk Street, subject to the following conditions: 1. General compliance with site plan dated May 27, 2022. Board of Adjustment Next Meeting: July 13, 2022 a �f. I \ IR