HomeMy WebLinkAbout07-18-2022 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT
Monday, July 18, 2022 — 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
Agenda:
1. Call to Order
2. Roll Call
3. In Memory of Amy Pretorius
4. Special Exception Item
a. EXC22-0005: An application submitted on behalf of MidAmerican Energy to allow a
basic utility use for an electric substation south of Lehman Avenue and east of
Soccer Park Road.
5. Consideration of Meeting Minutes: June 8, 2022
6. Board of Adjustment Announcements
7. 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: September 14 / October 12 / November 9
Informal: Scheduled as needed.
July 18, 2022
Board of Adjustment Meeting
EXC22-0005
ITEM 4A ON THE AGENDA
Staff Report
Prepared by Staff
CITY OF IOWA CITY
MEMORANDUM
Date: July 18, 2022
To: Board of Adjustment
From: Kirk Lehmann, AICP, Associate Planner, Neighborhood & Development Services
Re: Additional Information for MidAmerican's Special Exception Request (EXC22-0005)
Background
Mid -American Energy is seeking a special exception to build an electric substation on
approximately 3.9 acres of undeveloped land south of Lehman Road, east of Soccer Park Road,
and west of the Sycamore Greenway. The purpose of this electric substation is to provide a
reliable base of power to the surrounding area as it develops and the demand for electricity
increases.
At the time the staff report dated July 13 was published, City Council was considering a request
to rezone the subject property to Neighborhood Public (P-1) (Case REZ22-0005), which would
allow basic utility uses by special exception. Council approved this rezoning request on July 12,
2022, subject to the following conditions prior to site plan approval:
1. Owner shall cause Lehman Avenue to be extended through any access point established
for the subject property with chip seal materials, subject to approval of the construction
plans by the City Engineer;
2. Owner shall have prepared, approved by the City, and recorded an Auditor's Plat of
Survey to align with the rezoning boundaries; and
3. Owner shall demonstrate to the City that there is vehicular access to the subject property
from Lehman Avenue in a location approved by the City Engineer. This access shall be
in the form of a temporary easement agreement to be released upon dedication of right-
of-way when the servient land is final platted, in a form approved by the City Attorney's
Office.
Due to a lack of quorum, consideration of the requested special exception by the Board was
rescheduled from July 13 to July 18. The staff report dated July 13 was written as if the rezoning
was approved. While there are no changes to staffs recommendation, the Board need no longer
consider denial or deferral due to a failed rezoning.
Recommendation
Staff continues to recommend approval of EXC22-0005, to establish a basic utility use in a
Neighborhood Public (P-1) zone for an electric substation for the property located at parcel
#1026476003, south of Lehman Avenue and east of Soccer Park Road, subject to the following
condition:
1. Provide for screening to the S3 standard along all property lines, the design of which shall
be approved by the City Forrester prior to site plan approval.
STAFF REPORT
To: Board of Adjustment Prepared by: Kirk Lehmann, Associate Planner
Item: EXC22-0005 Date: July 13, 2022
Parcel Number: 1026476003
GENERAL INFORMATION:
Applicant: On Behalf of MidAmerican Energy Company
Civil Engineering Consultants, Inc.
2400 861h Street, Unit 12
Urbandale, IA 50322
Contact Person: Marty Dostalik
Civil Engineering Consultants, Inc.
2400 86'h Street, Unit 12
Urbandale, IA 50322
dostalik@ceclac.com
Property Owner(s):
Requested Action:
Purpose:
Location:
Location Map:
Lake Calvin Properties, LLC
2871 Heinz Road, Suite B
Iowa City, IA 52240
Establish a basic utility use
To allow the construction of an electrical substation
South of Lehman Avenue & East of Soccer Park Road
t' 4
L
Size: 3.92 acres
r
1
Existing Land Use and Zoning: Agriculture; Rezoning to Neighborhood Public (P-1) requested
Surrounding Land Use North
and Zoning
East:
South:
West:
Applicable Code Sections:
Undeveloped / Agriculture; Interim
Residential (ID-RM)
Undeveloped / Agriculture; Interim
Residential (ID-RM)
Undeveloped / Agriculture; Interim
Residential (ID-RM)
Undeveloped / Agriculture; Interim
Family Residential (ID-RS)
Development — Multi -Family
Development — Multi -Family
Development — Multi -Family
Development — Single -
14-4B-3A: General Approval Criteria
14-413-41D-1b: Basic Utility Uses Not Enclosed Within A Building
File Date: June 9, 2022
BACKGROUND:
Mid -American Energy is seeking a special exception to build an electric substation on approximately
3.9 acres of undeveloped land south of Lehman Road, east of Soccer Park Road, and west of the
Sycamore Greenway (Attachment 4). The purpose of this electric substation is to provide a reliable
base of power to the surrounding area as it develops and the demand for electricity increases.
City Council is currently considering a request to rezone the property to Neighborhood Public (P-1)
(Case REZ22-0005), which would allow basic utility uses by special exception where certain
screening and compatibility requirements are met. The Planning and Zoning Commission
recommended approval of the proposed rezoning, and Council will consider the third and final
reading on July 12, 2022. The staff report assumes the property is zoned P-1. If the rezoning is not
approved or is postponed prior to the Board's July 13 hearing, the Board must either deny or defer
the requested special exception. The applicant may also withdraw the application.
There are currently eight other substations in Iowa City, the earliest installed in 1962 and the latest
in 2020. Electric substations provide a necessary utility for the surrounding area and must be located
near the area where they are supplying power so they can tie into existing transmission lines. The
applicant chose not to hold a Good Neighbor meeting but did reach out to all neighboring property
owners as part of the rezoning and special exception processes, including to provide them the
proposed site plan.
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 14-46-4D-1b, pertaining to basic utility uses not enclosed within a
building, as well as the general approval criteria in Section 14-4113-3A.
For the Board of Adjustment to grant this special exception request, each of the following criterion
below must be met. The burden of proof is on the applicant, and their comments regarding each
criterion may be found on the attached application. Staff comments regarding each are below.
Specific Standards: 14-413-41)-1b(2): Basic Utility Uses Not Enclosed Within A Building in
all commercial zones, the RDP and ORP zones, and the P-1, ID-C and ID -RP zones:
(2) In all commercial zones, the RDP and ORP zones, and the P-1, ID-C and ID -RP zones,
basic utility uses not enclosed within a building are permitted only by special
exception. Proposed uses must be screened from public view and from view of any
adjacent residential zones to at least the S3 standard. The proposed use must be
compatible with surrounding structures and uses with regard to safety, size, height,
scale, location, and design, particularly for facilities that will be located close to or
within view of a residential zone. For uses located in highly visible areas, the Board
may consider additional design elements such as masonry or brick facades, and
walls or fencing to improve public safety and to soften the visual impact of the
proposed use. Water and sanitary sewer pumps or lift stations approved by the City
as part of subdivision or site plan approval do not require special exception
approval from the Board of Adjustment.
FINDINGS:
• The subject property is more than 850 feet from the closest residential development,
which is a multi -family complex north of Lehman Avenue, and surrounding areas are
undeveloped and currently used for agriculture.
• The site plan indicates that the proposed substation would be 210 feet by 257 feet and
includes 50-foot dead end towers to receive transmission lines as well as 50-foot-high
shield masts which tap into the existing transmission line along its west property line.
• The proposed substation would be at a lower elevation than properties to the north,
west, and south and a higher elevation than properties to the east.
• The substation would be set back approximately 75 feet from the south property line,
120 feet from the west property line, 90 feet from the north property line, and 75 feet
from the east property line and would be surrounded and secured by an 8-foot-tall
chain link fence with barbed wire.
• The site plan shows S3 (High) screening around the property. At the time of maturity,
all plantings will be at least 8 feet tall with 61 trees over 40 feet tall.
• Future uses in the area may include additional residential development to the west,
north, and east. To the south, land may be retained as a 1,000-foot buffer for the City's
wastewater treatment plant or developed as residential. Staff recommends that S3
screening on all side of the property be a condition of approval as a result.
• The proposed use is large, but the property is compatible with surrounding uses
because it abuts existing transmission lines and is adjacent to the wastewater
treatment buffer within which residential development is less desirable.
• The applicant mitigates impacts on future development near the subject property by
showing S3 landscaping and by installing the substation prior to surrounding
development. As a result, those who move to the area will be aware of its presence in
advance, rather than locating an electric substation within an existing neighborhood.
General Standards: 14-413-3: Special Exception Review Requirements:
The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
FINDINGS:
• The proposed use provides a critical piece of infrastructure that will provide a reliable
base of power and will help pave the way for future growth in the area.
• The site plan shows the proposed use surrounded with a barbed wire fence which
prevents access to unauthorized persons and mitigates potential safety issues.
• Other substations in Iowa City are near a variety of uses, including residential areas.
2. The specific proposed exception will not be injurious to the use and enjoyment of
other property in the immediate vicinity and will not substantially diminish or impair
property values in the neighborhood.
FINDINGS:
• The proposed use would provide power to future residents and businesses nearby.
• The subject property is surrounded by undeveloped land that is currently used for
agriculture, and the nearest residential development is north of Lehman Avenue more
than 850 feet away.
• The applicant notes that the sound level from the proposed substation will be between
35 and 41 decibels, similar to the level of noise of a library, bird calls, or ambient urban
noise. Setbacks and screening will help mitigate noise for future uses nearby.
• Typical lighting for the proposed use would be minimal (3,864 lumens) with additional
lighting activated by approaching vehicles (30,600 lumens) or when emergency work
is required (416,000 lumens). As a result of the infrequent nature of more intense
lighting, there should be little impact on surrounding properties.
• Installing a substation prior to the surrounding neighborhood allows those moving to
the area to be aware of its presence in advance, rather than locating an electric
substation near or within an existing neighborhood
3. Establishment of the specific proposed exception will not impede the normal and
orderly development and improvement of the surrounding property for uses
permitted in the district in which such property is located.
FINDINGS:
• Past substation projects demonstrate that residential development continues in the
surrounding vicinity. Most recently, residential projects including townhomes were
constructed following the installation of an electrical substation at the intersection of
Foster Road and Prairie Du Chien Road.
The proposed use is set back from adjacent property lines at least 75 feet on all sides
and proposed landscaping improvements will help mitigate visual impacts.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
• Access to the subject property will be from Lehman Avenue via a temporary public
access easement agreement. The access easement shall be released upon
dedication of right-of-way when the land is final platted, at which time the property will
have direct access to public right-of-way.
• The proposed substation would provide electricity to serve the area.
• The applicant indicates that stormwater will be managed via an easement to the
Sycamore Greenway which acts as a stormwater detention facility. The
recommendation for rezoning includes a condition that stormwater must be managed
either via an easement or using onsite detention. Compliance with the City's
stormwater management regulations must be demonstrated prior to site plan approval.
• Staff will ensure compliance with all applicable standards during site plan review.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
• Access to the subject property will be from Lehman Avenue via a temporary public
access easement agreement which will be replaced with direct access to public right-
of-way upon final platting of the surrounding area.
• Lehman Avenue is currently unimproved at the proposed access point, but the owner
will extend the chip seal surface to the access point as a condition of the rezoning.
• Following construction, the proposed use is expected to produce minimal traffic for
routine maintenance and inspections. There will not be permanent employees onsite.
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 basic utility use meets the dimensional requirements and site
development standards of Neighborhood Public (P-1) zones, including setbacks and
screening, though such uses are exempt from base zone height standards.
• The site contains hydric soils but no wetlands or remnant prairies.
• Landscaping shown on the site plan is generally consistent with S3 (High) screening
along all property lines, and staff recommends that it meet the S3 standard as a
condition of approval.
• Because the property is zoned public and is surrounded by residential interim
development zoning, the property is subject to S1 (Low Ambient Lighting) standards,
which would allow a maximum light output of 196,000 lumens. Lighting for the
proposed use under normal conditions would be up to 34,464 lumens. Additional
lighting for emergency repair situations would temporarily bring the total light output to
450,464 lumens. The site plan indicates that additional lighting will only be used when
required for worker safety during emergency situations between dusk and dawn.
• Staff will ensure compliance with all applicable standards during site plan and building
permit review.
7. The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
FINDINGS:
• The South District Plan future land use map identifies the subject property as being
appropriate for form -based land uses, primarily Transect 3: Suburban Neighborhood
General and Transect 4: General Urban Neighborhood Medium. These are
appropriate for a variety of residential uses, including missing middle housing types.
• The Comprehensive Plan future land use map shows the area as residential
development at 2-8 Dwelling Units Per Acre.
• Essential utility uses serving future residential development is consistent with these
future land use designations.
• The Comprehensive Plan supports coordination between private utilities and the City
to provide the highest levels of service for areas under development at an efficient
cost.
• The proposed location is not contiguous with existing development, but it is suitable
for the proposed use due to its proximity to existing transmission lines and to the 1,000-
foot buffer from the wastewater treatment plan.
STAFF RECOMMENDATION:
Staff recommends approval of EXC22-0005, to establish a basic utility use in a Neighborhood
Public (P-1) zone for an electric substation for the property located at parcel #1026476003, south
of Lehman Avenue and east of Soccer Park Road, subject to the following conditions:
1. Provide for screening to the S3 standard along all property lines, the design of which shall
be approved as part of site plan review.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Correspondence
4. Application Materials
Approved by:
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
July 18, 2022
Board of Adjustment Meeting
EXC22-0005
ATTACHMENT 1
Location Map
Prepared by Staff
July 18, 2022
Board of Adjustment Meeting
EXC22-0005
ATTACHMENT 2
Zoning Map
Prepared by Staff
July 18, 2022
Board of Adjustment Meeting
EXC22-0005
ATTACHMENT 3
Correspondence
Submitted by the Identified Party
LILLIS O'MALLEY OLSON MANNING POSE TEMPLEMAN LLP
ATTORNEYS AT LAw
MICHAEL W. O-MALLEY
(ESTABLISHED 1917)
JOHN CONNOLLY, JR. (1891-1975)
EUGENE E. OLSON
317 SwrH AvENuE. SurrE 300
GEORGE E. O-MALLEY (1905-1962)
DANIEL L. MANNING. SR.
JOHN CONNOLLY III (1918-1998)
CHRISTOPHER R. POSE
DES MoavEs, IOWA 50309-4127
BERNARD J. CONNOLLY 11920-1970)
JOEL B. TEMPLEMAN•
C. 1. MCNUTT (1901-1958)
DANIEL M. MANNING. JR.
TELEPHONE (515) 243-8157
STREETAR CAMERON 11957-2008)
'LICENSED IN IOWA L ILLINOIS
FAX (515) 243-3919
WILLIAM J. LILLIS (1943-2019)
W W WLH.I SOMALLEYCOM
Writer's Email Address: cpose@lolaw.com
June 28, 2022
Via Email: kirk-lehmann@iowa-city.org
The City of Iowa City
c/o Kirk Lehman
410 East Washington Street
Iowa City, Iowa 52240-1826
Re: Response to your June 22, 2022 letter on EXC22-005
Dear Kirk:
I am responding to your letter of June 22, 2022 relating to your file EXC 22-005. We are
responding to your questions as follows:
1. What level of noise will the electric substation be expected to produce?
MidAmerican Energy Company Response: the sound level estimated from the proposed
substation will be between 35dB and 4ldB at the property line of the substation. For
comparison, 40dB is approximately the level of noise of a library, bird calls, or ambient urban
noise. Source of this information is the Institute of Electrical and Electronics Engineers
(IEEE).
2. Floodlighting is prohibited except for lighting of loading areas, service areas,
and for architectural emphasis. Where permitted, floodlights must be aimed no higher than
45' from vertical. Please provide more detail demonstrating how the proposed lighting
meets code standards (especially for the Holophane Predator LED Area Luminaire which
is characterized as floodlighting in the lighting notes).
MidAmerican Energy Company Response. MidAmerican Energy Company will add a
note to the drawing that service lights are only going to be used when needed for working
in the substation at night should there be a need for service. The note will further indicate
that they can be aimed at no higher than 45 degrees. These service lights will be used only
when manually triggered by a service incident.
3. Landscaping Plan Comments (Sheet ILK C24-40)
a. I believe the scale is 1 " = 60' (not I" = 30' as shown)
LILLIS O'MALLEY OLSON MANNING POSE TEMPLEMAN, LLP
June 28, 2022
Page 2
MidAmerican Energy Company Response. This modification has been made.
b. The Burning Bush is considered invasive; replace with an Arrowwood
Viburnum.
MidAmerican Energy Company Response. Your letter indicates Burning Bush is
considered invasive however, your ordinance indicates that in the S3 screening it is a
permitted plant. Nonetheless, the Burning Bushes have been replaced by plant
varieties of similar size or larger.
c. Based on the plan, the Planting Schedule should list 15 Menlo Ninebark
plantings.
MidAmerican Energy Company Response. The number has been revised on the
schedule.
d. S3 screening requires plantings to be at least 3' high when planted, but the
Planting Schedule notes that the Mint Julep Juniper will only be 1.5' high
when planted. The proposed plantings should be adjusted to meet this
standard.
MidAmerican Energy Company Response. We have replaced the Mint Julep
Junipers to another plant species. To our knowledge a three (3) feet high Mint Julep
Junipers are not available at nurseries.
e. S3 screening requires at least 50% of plantings to be coniferous, but only 46%
of plantings along the east property line are currently coniferous. The proposed
plantings should be adjusted to meet this standard.
MidAmerican Energy Company Response. Revisions have been made to meet
your plant calculation requirement.
f. It appears that landscaping does not comply with minimum spacing standards at
Table 5F-1 in Section 14-5F-4 (especially for large coniferous trees including
the Norway Spruce, Black Hills Spruce, White Fir, and White Pine). Staff
appreciates the higher density screening, so plantings should be staggered to
ensure compliance rather than reducing the number of plantings (staff can
assist by reducing the minimum spacing reduced by 25% in situations such as
this where denser spacing is preferred, but it's not enough to achieve
compliance currently).
LILLIS O'MALLEY OLSON MANNING POSE TEMPLEMAN, LLP
June 28, 2022
Page 3
MidAmerican Energy Company Response. MidAmerican Energy Company is
adjusting the spacing and screening to the west, north and east. MidAmerican
Energy Company submits that since the south area is going to be buffer ground for
the sewer treatment plant, less density of plants should be required on the south side.
g. Additional small trees along the west property line may be a good addition to
the proposed shrubs to provide additional screening of the substation.
MidAmerican Energy Company Response. We do not have the space for trees in
this area without them encroaching into the driveway or getting into the
transmission lines.
We appreciate your staff recommendation as contained in paragraph 4.
We look forward to having this development approved and a new substation in
service for the City of Iowa City.
Sincerely.
-`r4 ..\ i
Christopher R. Pose
For the Firm
CRP/ta
Cc: Jon Austin
Dawn Carlson
June 21. 2022
RE: Special Exception for Parcel #1026476003
Dear Property Owner and/or Occupant:
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240- 1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
The Iowa City Board of Adjustment has received an application submitted on behalf of
MidAmerican Energy requesting a special exception to allow construction of an electrical
substation on parcel #1026476003, a property located south of Lehman Avenue and east
of Soccer Park Road (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 July 13, 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-lehmann(a)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 B
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 It 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 a -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 Et Development Services,
410 E. Washington St., Iowa City IA
52240 or a -mail kirk-Lehmann@iowa-
citv.ore.
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July 18, 2022
Board of Adjustment Meeting
EXC22-0005
ATTACHMENT 4
Special Exception Application
Submitted by the Applicant
EXC22-0005
Project Description:
This request is to allow the construction of an electric substation in the P-1 zoning district.
Did you hold a Good Neighbor Meeting?' No
Has a pre -application meeting been held?" Yes V
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.
Per Zoning Code Amendment (REZ22-0002), a
basic utility use is allowed in the P-1 zone by
special exception.
Provide code section(s) here"
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LILLIS O'MALLEY OLSON MANNING POSE TEMPLEMAN LLP
ATTORNEYS AT LAW
MICHAEL W. O'MALLEY
(ESTABLISHED 1917)
JOHN CONNOLLY, JR. (1891-1975)
EUGENE E. OLSON
317 SIXTH AVENUE, SUITE 300
GEORGE E. O'MALLEY (1905-1982)
DANIEL L. MANNING, SR.
DES MOINES, IOWA 50309-4127
JOHN CONNOLLY, III (1918-1998)
CHRISTOPHER R- POSE
BERNARD J. CONNOLLY (1920-1970)
JOEL B. TEMPLEMAN'
C. I. MCNUTT (1901-1958)
DANIEL M. MANNING, JR.
TELEPHONE(515) 243-8157
STREETAR CAMERON(1957-2008)
FAX (515)243-3919
WILLIAM J. LILLIS(1943-2019)
'LICENSED IN IOWA & ILLINOIS
W W W.LILLISOMALLEY.COM
Writer's Email Address: cpose@lolaw.com
June 8, 2022
The City of Iowa City
Zoning Board of Adjustment
c/o Kirk Lehmann
410 East Washington Street
Iowa City, Iowa 52240-1826
Re: Letter in Support of MidAmerican Energy Company South Kountry
Lane Substation
Honorable Chair and Members of the Board of Adjustment:
Our Law Firm represents MidAmerican Energy Company and submits this letter in
support of an Application for Special Exception for property to be rezoned P-1 as part of REZ22-
002 and further described in our materials.
This letter is intended to address the "Specific Criteria" required by section 14-4B-4D-1b
as well as the General Criteria in section 14-4B-3A for purposes of our application.
The proposed electric utility substation will transform electricity now transmitted at
16lkV through existing lines down to residential and commercial power at 13.2kV suitable for
developing the South District Plan area which surrounds the substation as well as supporting the
existing electrical substations in the city. The substation meets the following:
Specific Criteria (144B4D-lb)
2. In P-1 zones, basic utility uses not enclosed within a building are permitted
only by special exception. Proposed uses must be screened from public view and
from view of any adjacent residential zones to at least the S3 standard. The
proposed use must be compatible with surrounding structures and uses with regard
to safety, size, height, scale, location, and design, particularly for facilities that will
be located close to or within view of a residential zone. For uses located in highly
visible areas, the Board may consider additional design elements such as masonry or
brick facades, and walls or fencing to improve public safety and to soften the visual
impact of the proposed use.
LILLIS O'MALLEY OLSON MANNING POSE TEMPLEMAN, LLP
June 8, 2022
Page 2
The substation will be screened with landscaping in accordance with a landscape
plan which complies with the City's S-3 standard. The surrounding property is
undeveloped. The lands immediately to the south of the proposed substation are likely to
be acquired as a buffer area for the City's wastewater treatment plant. The use is
compatible with surrounding structures and uses in regard to safety, size, height, scale,
location and design. The use is not in a highly visible area as it is well south of Lehman
Ave.
It should be noted that this will be the ninth substation to be operated in Iowa City
by MidAmerican Energy Company. The following other substations exist within the City
and have been present in serving developments within the City.
Substation Name
city
Address
Date in Service
Sub E
Iowa City
1630 Lower Muscatine Rd.
1962
Sub B
Iowa City
708 S. Capitol St.
1967
Sub J
Iowa City
1120 Mormon Trek Blvd.
1980
Sub U
Iowa City
1001 Hawkins Dr.
1981
Sub L
Iowa City
709 S. Capitol Rd.
1988
North ate Sub
Iowa City
926 ACT Road
2003
Sub Y
Iowa City
2200 Heinz Rd.
2003
Foster Road Sub
Iowa City
860 East Foster Road
12020
General Criteria (144B-3A)
1. The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort or general welfare.
The substation will not be detrimental to or endanger the public health, safety,
comfort or general welfare. In fact, as history has shown the substations support the goals
of safety, health and general welfare by providing a reliable source of electric power for
use by the surrounding area.
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.
There is no detrimental impact to properties in the immediate area. We have
worked with Lake Calvin (the selling owner) to make this compatible with their plans.
LILLIS OWALLEY OLSON MANNING POSE TEMPLEMAN, LLP
June 8, 2022
Page 3
Again, the substation will be adjacent to MidAmerican's existing 16lkV transmission
line and the City's sanitary sewer buffer area.
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.
MidAmerican Energy Company has worked with the landowner to position the
substation adjacent to the existing transmission lines present in the area since 1962. It is
providing minimal intrusion to the surrounding development lands.
4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
An access road will be provided from Lehman Avenue by easement. Storm water
management is being provided by an easement through the future city buffer land to the
City's detention basin. There are no substantial utilities required for this development.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
The proposed substation will have very little traffic following its initial
construction with likely only one service vehicle visiting the substation on a monthly
basis or as needed. It is not a public destination and will not create congestion in any
public street.
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.
All setbacks and requirements of the P-1 of the district are being observed.
7. The proposed exception will be consistent with the Comprehensive Plan of
the City, as amended.
The comprehensive plan at numerous places indicates that reliable source of
electric power and adequate utilities are provided for the surrounding area to develop. No
Comprehensive Plan amendment was needed when this property was zoned to P-1. So it
is clearly compatible.
LILLIS O'MALLEY OLSON MANNING POSE TEMPLEMAN, LLP
June 8, 2022
Page 4
Please contact me if you have any questions.
Sincerely,
/s/Christopher R. Pose
Christopher R. Pose
For the Firm
CRP/ta
Cc: Jon Austin
Dawn Carlson
Marty Dostalik
EXHIBIT "A"
AUTHORIZATION
The undersigned owner hereby authorizes MidAmerican Energy Company to file any
applications deemed necessary with the state, a county, a city, and any other governmental unit,
for or relating to the Property (as described below). A photocopy of this authorization shall serve
the same as an original.
LAKE CALVIN PROPERTIES, L.L.C., an Iowa limited liability company
By:
Name Printed: Steve Gordon
Title: Vice -President of AM Management, Inc.
Its: Manager
Property: (legal description)
The West 455.0 feet of the North 375.0 feet of Auditor's Parcel #2003 131 as recorded in Book
46, Page 244 of the Johnson County Recorder's Office, Johnson County, Iowa. (Part of County
Real Estate Tax Parcel No. 1026476003)
(00431232 3) 11
Ver OptPurchAgr 1-13/2022
EXHIBIT "A-1"
AUTHORIZATION
The undersigned owner hereby authorizes MidAmerican Energy Company to file any
applications deemed necessary with the state, a county, a city, and any other governmental unit,
for or relating to the Property (as described below). A photocopy of this authorization shall serve
the same as an original.
SYCAMORE, L.L.C., an Iowa limited liability company
By:—/
Name Printed: Steve Gordon
Title: Vice -President of AM Management, Inc.
Its: Manager
Property: (legal description)
The West 50.0 feet of the Auditor's Parcel #20032 129 as recorded in Book 46, Page 245 of the
Johnson County Recorder's Office. (Part of County Real Estate Tax Parcel No. 1026403003)
(00431232 3) 12
Ver OptPurchAgr 1.13/2022
LCEC
Civil Engineering Consultants, Inc.
For Specific Approval Criteria, please see "City of Iowa City Ltr 6-7-22 (JWA).pdf'uploaded under the
Genera Approval Criteria category.
2400 86" Street, Suite 12 • Des Moines, Iowa 50322 • 515-2764884 • mail(a,ceclac.com • www.ceclac.com
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Kountry Lane — South Site
Substation Parcel Legal Description
A parcel of land in the NE 1/4, SE 1/4 and the SE 1/4, SE 1/4 of Section 26, T-79N, R-6W of the 5th
P.M., City of Iowa City, Johnson County, Iowa, more particularly described as follows:
The West 455.0 feet of the North 375.0 feet of Auditor's Parcel #2003 131 as recorded in Book 46, Page
244 of the Johnson County Recorder's office.
July 13, 2022
Board of Adjustment Meeting
PRELIMINARY MEETING MINUTES
ITEM 5 ON THE AGENDA
June 8, 2022
Prepared by Staff
MINUTES
BOARD OF ADJUSTMENT
FORMAL MEETING
EMMA HARVAT HALL
JUNE 8, 2022 — 5:15 PM
MEMBERS PRESENT
MEMBERS ABSENT
STAFF PRESENT:
OTHERS PRESENT
CALL TO ORDER:
PRELIMINARY
Nancy Carlson, Gene Chrischilles, Bryce Parker, Mark Russo
Amy Pretorius
Sue Dulek, Kirk Lehmann
Thomas Scesniak
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.
SPECIAL EXCEPTION ITEM 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.
Chrischilles opened the public hearing.
Lehmann began the staff report with an aerial of the property located in the Pepperwood Plaza
commercial area, it was formerly Pizza Hut with an existing drive -through. The proposal is to
turn it into a Popeye's and expand a portion of the drive -through. Access to this site is through
the Pepperwood Plaza area, including the Keokuk Street access, which is directly to the north of
the site. Lehmann noted there's also access to Highway 6 East as well as Broadway Street to
the north and east respectively. The subject property is generally surrounded by commercial
uses, Lehmann referred to the zoning map noting all surrounding uses are CC-2.
In terms of background, Lehmann stated this building was built initially in 2004, which was prior
to the zoning code being updated in 2005. The building has an existing drive -through that is
considered a legal non -conforming development. The drive -through facility is accessed from the
parking lot, which is north of the building, and exits onto the shared drive to the south of the
building. There's also a pedestrian connection on the east side of the lot and a sidewalk on
Keokuk Street to the west. Lehmann showed the existing site layout and then the proposed site
plan. The plan is to expand the drive -through by adding two lanes that would have order boards
then would converge into the single existing drive -through lane for access to the pickup window.
Lehmann noted there would be some reconfiguration of parking and the building would be
shrunk a little bit, but otherwise a lot of it is maintained. The applicant is also proposing to
delineate the pedestrian path that runs along the east property line
Board of Adjustment
June 8, 2022
Page 2 of 7
The Board of Adjustment 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 a specific standards pertaining to the
waiver requested and then also general standards that apply to all special exceptions.
Specific standards for drive -through facilities are discussed at 14-4C-2K-3 of the zoning code.
The first set of standards is related to circulation and there are several sub criteria as part of
that. First is that wherever possible and practical, drive -through lanes shall be accessed from
secondary streets, alleys or shared cross access drives. Lehmann noted in this case, the drive -
through facility is accessed from a shared private drive which is part of the Pepperwood Plaza
tract. That shared drive connects to Keokuk Street to the west, Highway 6 to the north and
Broadway Street to the east, but the proposed drive -through facility is not and cannot be
accessed directly from the street so staff feels this criteria is met. Second, to provide for safe
pedestrian movement the number and width of curb cuts serving the use may be limited.
Lehmann stated no changes to curb cuts are proposed as part of the project on public streets or
in areas where pedestrian movement is anticipated. Next is an adequate number of stacking
spaces must be provided and the minimum for eating establishments is six stacking spaces.
This site plan shows two order lanes that converge into a single pickup lane with a combined
stacking capacity for 12 vehicles, which exceeds that minimum of six. The parking aisle with the
drive -through also has adequate space to accommodate some spillover traffic which minimizes
traffic safety impacts. Staff does recommend a condition of approval be general compliance
with the site plan that was submitted and is part of the agenda packet. The final criteria for
access is that sufficient on site signage and pavement marking shall be provided to ensure
traffic safety. The site plan shows directional arrows in the drive -through parking areas and a
Do Not Enter sign at the drive -through exits. The pedestrian routes along the east property line
are also demarcated with dyed concrete where it crosses the parking aisle so staff finds this
standard to be met.
The next criterion is related to the location of the drive -through. The drive -through must be on a
non -street facing facade unless it can be demonstrated that the street facing location is
preferable for overall safety and efficiency and does not conflict with adjacent uses. Lehmann
explained that the proposed drive -through is an expansion of an existing non -conforming drive -
through on the Keokuk Street facing facade of the building and a portion of the existing non-
conforming drive -through will continue to be utilized in proposed facility. Changes to the drive -
through will not affect pedestrian access and the applicant is showing a new street tree on the
site plan which helps provide some consistency with typical commercial streetscapes. Lehmann
noted overall the proposed facility is consistent with adjacent commercial uses, it's been there
for 15 years or so, and as long as the proposed drive -through facility conforms with the
submitted site plan, which includes the landscaping plan, staff believes this criterion is met. The
second location criterion is that the drive -through lanes must be set back 10 feet from adjacent
lines and public rights of way and screened from view according to the design standards.
Lehmann stated all new portions of the proposed drive -through facility are setback 10 feet from
the Keokuk Street right of way, there are some existing portions of the drive -through facility that
are less than 10 feet that are non -conforming, but the existing non -conforming development
may remain, and a landscaping plan was submitted as well, but he will discuss the screening
later in the report. Based on these criteria, staff believes that these standards are met.
Next there are design standards for drive -through facilities related to the character of the area.
Board of Adjustment
June 8, 2022
Page 3 of 7
The first of those is that to promote compatibility with surrounding developments, the number of
drive -through lanes should be limited to not impact the streetscape or safety of the area. The
site plan shows the two drive -through lanes converging into a single 14-foot lane along the west
edge of the property which is an expansion of an existing drive -through in a commercial district.
However, that expansion is relatively limited and those two additional lanes will have the order
boards and add some stacking spaces. There is screening between the new portion of the
drive -through lanes and Keokuk Street right of way that will help minimize the impacts of
stacking on surrounding development and the pedestrian environment. Generally, the amount of
paving will be decreased due to the proposed project as well as the building size so staff
believes this criterion is met. Next, drive -through lanes, bays and stacking spaces shall be
screened from adjacent properties to the S2 standard or a higher standard if there's residential
properties nearby. In this case, the drive -through facility is not next to residential uses or zones
and all new portions of the proposed drive -through facility are screened from Keokuk Street
adjacent properties to the S2 standard. Existing portions of the drive -through that are not
screened to the S2 standard are part of that existing non -conforming drive -through facility.
Third, multiple order boards servicing a single stacking lane should be considered to reduce
idling on sites. In this case there are two kiosks for ordering and a single window for payment
and pickups for the drive -through. Next, stacking spaces, driveways, and drive -through window
should be located to minimize potential for vehicular or pedestrian conflicts and be integrated in
the landscape and streetscape design. Lehmann stated in this case, no new vehicular and
pedestrian conflicts are created, this is an existing facility. There may be some potential
conflicts between vehicles exiting the drive -through lanes and vehicles utilizing the shared
drives but there's generally adequate room to maneuver and the area has slow traffic speeds,
low traffic volumes, and visibility is pretty good, so staff doesn't believe that is an issue here. In
addition, this is an expansion of an existing drive -through in a commercial district, so it generally
fits with the streetscape in that regard and landscaping elements also help ensure that it's
integrated to minimize impacts to the streetscape design. Fifth, lighting for the drive -through
facility must comply with outdoor lighting standards at 14-5G in the zoning code. The submitted
photometric plan meets the City's physical control standards, which help control light trespass
and glare. A total outdoor light output calculation was not included on the photometric plan
submitted with the application (and included in the agenda packet) but staff received revised
plans this morning and those revised plans need to be reviewed, however based on the
information submitted staff believes that the criterion is met, and also those things get checked
during site plan review. The sixth standard was repealed and the seven standard is that
loudspeakers or intercom systems if allowed are located and directed to minimize disturbance to
adjacent uses. There are two kiosks for ordering that are oriented to the northeast so they don't
face the adjacent right of way and the property is not adjacent to residential uses so staff
believes that this criterion is met.
Lehmann next reviewed the seven standards that are required for all special exceptions found
at 14-413-3. First is that it shall not be detrimental to or endanger public health, safety, comfort
or general welfare. Again, this is an expansion of existing facility, but staff does not anticipate
that it's going to substantially increase traffic to the site over previous levels and vehicular
circulation and access are adequate to accommodate drive -through traffic. There are no new
conflicts between vehicles or pedestrians created by the expanded facility, though there might
be some conflicts between vehicles exiting the drive -through and the shared lane to the south.
Lehmann reiterated however the area has low traffic volumes and traffic speeds are slow and
visibility is good. Staff feels this criterion is met.
Board of Adjustment
June 8, 2022
Page 4 of 7
Second, the proposed exception will not injure or negatively affects surrounding properties.
Again, it's in a commercial area and complimentary to surrounding uses and it is similar to the
use that was there previously. Lehmann added there will be new screening and a new street
tree that will help mitigate impacts to adjacent properties. Staff feels this criterion is met.
Third that it will not impede normal and orderly development of surrounding property. This area
is fully developed with commercial uses and future redevelopment and improvement of adjacent
property should not be affected by the proposed drive -through expansion.
Fourth, that necessary facilities are provided. Again, it's an existing area so sufficient utilities,
access roads and facilities are established for the area. Lehmann added because the plan will
increase green space on the site, as shown in landscaping plan, that should improve
stormwater management on the property.
The fifth relates to measures for ingress or egress on public streets. Again, there are adequate
spaces for stacking vehicles and the drive -through lanes are accessed from an exit to shared
drives, not public streets. As previously mentioned, there may be some potential conflicts but
staff doesn't believe that those will be problematic. Adequate signage and pavement markings
are proposed on the site plan so staff does not anticipate any substantial negative impacts.
Sixth, the special exception must conform with all the standards in the zone. Lehmann noted
with regards to parking, this drive -through facility will reduce the number of parking spaces that
are on site, but it retains 20 spaces which is above the minimum parking requirement for the use
in the zone, which is nine spaces. The site plan also includes six bicycle parking spaces as well,
which brings a legal non -conforming component into conformance with the zoning code, so
that's a good thing. The property again is legal non -conforming but the project does not increase
occupancy. Staff will ensure that changes to the site design conform with any applicable zoning
standards and regulations during the site plan review.
Finally, the special exception has to comply with the Comprehensive Plan. The future land use
maps for the area in the Comprehensive Plan show it as general commercial, and it is shown as
commercial in the south District Plan. Additionally, the Comprehensive Plan supports
encouraging new business development in existing core or neighborhood commercial areas, so
staff believes that this is consistent with the Comprehensive and District Plans.
Staff did not receive any correspondence regarding this application.
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.
There were no immediate questions for staff so the Chair called the applicant to address the
Board.
Thomas Scesniak (architect for JAM Restaurant Group) has been working closely with staff on
this application, as well as the landscaping plan, which is part of the agenda package. With
Board approval they would go forward to the next step which would be presentation of the
Board of Adjustment
June 8, 2022
Page 5 of 7
construction documents and site plan review. JAM Restaurant Group has 14 Popeyes in the
state of Iowa and keeps growing. Scesniak did address the lumens output on the revised site
lighting plan but noted it still has to be tweaked a little bit because Cree Lighting didn't interpret
the formula in a correct manner, but that it complies with what is stated in the ordinance but
that'll be handled tomorrow morning. Once they get everybody's approval, they'll start
construction, demolition and reconstruction.
Carlson asked what the hours are going to be. Scesniak believes the hours are 10:30am until
11:00pm on weekdays and possibility on Friday and Saturday nights, it would be 12 o'clock.
Russo asked how the plan increases the green space. Lehmann explained that right now the
north side of the site is an entirely paved parking area and they're reconfiguring that with the
drive -through and decreasing the building size which will increase green space. Scesniak noted
they worked with the City Forester to get some recommendations incorporated into the plan.
They're adding one large street tree and another small tree onto the area as well.
Chrischilles asked if they are using the existing building and adding on to it or are they going to
knock it down. Scesniak replied they are using the existing building and actually reducing the
square footage. They are reducing some of the front of the building but retaining the back end
because it's a very costly tear out plumbing and they're functional and supposedly in good
shape. The whole roof line is coming off as well because it's not consistent with Popeyes.
Carlson asked is this going to be basically a carry out place rather than having some tables for
people to eat inside. Scesniak stated like most fast-food restaurants, they rely heavily on the
drive -through customers and customers coming in to pick up. Statistics have shown that people
coming in, parking and getting out of their cars outside of just picking up when the pandemic
was on, it just skyrocketed. There will be some area for people to come in and sit down and eat,
but it's not as readily usable by the public. He added that's why they have a double order board
and a good amount of stacking for the drive -through, because predominantly most customers
are drive -through or pickup. They will have 28 seats for the public, which is down from 100
when it was a Pizza Hut.
Carlson asked will they have two windows, one for pickup and one for paying or just one
window where they pay and pick up at the same window. Scesniak replied they will only have
the one window. Regarding the double drive -through window, depending on the area, the
second window sometimes becomes a burden. When people are ready to pay and the food is
ready for them and give it to them they don't want to have to drive through that other window
and the public directs what they do.
Carlson really appreciates the fact that they are putting in an extra tree
Chrischilles closed the public hearing
Carlson thinks this will be a great addition to Pepperwood as this has been an area that has
looked abandoned with the empty Pizza Hut building.
Chrischilles also thinks it's a good addition to the area and it looks like a good use of that
building.
Board of Adjustment
June 8, 2022
Page 6 of 7
Carlson is not concerned about the traffic, this area has been there for a long time. When Kmart
was still open and they had their large auto mechanic thing on the west side there may have
been some traffic issues, but that is no longer there and it's a very quiet area.
Russo recommends approval of EXC22-0004, to allow a drive -through facility for the
property located at 1926 Keokuk Street, subject to the following condition:
1. General compliance with site plan dated May 27, 2022.
Carlson seconded the motion.
Chrischilles stated regarding agenda item EXC22-0004 he does concur with the findings set
forth in the staff report of this meeting date, June 8, 2022 and concludes that the general and
specific criteria are satisfied, so unless amended or opposed by another board member he
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.
CONSIDER THE APRIL 13, 2022 MINUTES:
Carlson moved to approve the minutes of April 13, 2022, Russo seconded.
A vote was taken and the motion carried 4-0.
BOARD ANNOUNCEMENTS:
Lehmann noted the next meeting will be on July 13.
ADJOURNMENT:
Russo moved to adjourn this meeting, Carlson seconded, a vote was taken and all approved.
Board of Adjustment
June 8, 2022
Page 7 of 7
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2021 - 2022
NAME
TERM
EXP.
7/14
8/11
9/8
10/13
1218
3/9
4113
6/8
CHRISCHILLES, GENE
12/31/2022
O/E
X
X
X
X
X
X
X
PARKER, BRYCE
12/31/2024
X
X
O
X
X
X
O/E
X
PRETORIUS, AMY
12/31/2023
X
X
X
X
X
X
X
O/E
CARLSON, NANCY
12/31/2025
X
X
X
0/E
X
X
X
X
RUSSO, MARK
12/31/2021
X
X
X
X
X
O/E
X
X
Key: X = Present
O = Absent
O/E = Absent/Excused
-- -- = Not a Member
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Board of Adjustment
City of Iowa City
July 18, 2022
�11700
NDS
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Agenda Item 4a: Special Exception CITY OF1OWACITY
EXC25-0005: An application submitted on behalf
of MidAmerican Energy to allow a basic utility use
for an electric substation south of Lehman Avenue
and east of Soccer Park Road.
Background
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N`�
CITY OF IOWA CITY
• Mid -American Energy is seeking a special exception to establish a
basic utility use on -3.9 acres of undeveloped land south of Lehman
Ave, east of Soccer Park Rd, and west of the Sycamore Greenway
• The use would be an electric substation that would provide power to the
surrounding area as it develops and the demand for electricity increases
• City Council rezoned the property to Neighborhood Public (P-1) on July 12
(REZ22-0005)
• There are currently eight other substations in Iowa City installed
between 1962 and 2020
• Electric substations provide a necessary utility for the surrounding area and must
be located near the area where they are supplying power
• They also need to tie into existing transmission lines
• The applicant did not to hold a Good Neighbor meeting but reached
out to neighboring owners for the rezoning and special exception
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ADJACENT LOT LINES
PROPOSED TRANSMISSION LINES
EXISTING TRANSMISSION LINES
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BUILDING SETBACK / EASEMENT LINE
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Looking east along Lehman
Looking south along transmission lines
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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
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CITY OF IOWA CITY
Section 14-4B-4D-1 b-2: In... P-1... zones ... basic
utilities not enclosed within a building are permitted only by
special exception. Proposed uses must be screened from
public view and from view of any adjacent residential zones
to at least the S3 standard. The proposed use must be
compatible with surrounding structures and uses with
regard to safety, size, height, scale, location, and design,
particularly for facilities that will be located close to or within
view of a residential zone. For uses located in highly visible
areas, the Board may consider additional design elements
such as masonry or brick facades, and walls or fencing to
improve public safety and to soften the visual impact of the
proposed use...
(2) ...Proposed uses must be screened from public view and
from view of any adjacent residential zones to at least the S3
standard...
Findings:
• The property is more than 850' from the closest residential
development (a multi -family complex north of Lehman Ave)
• Surrounding area is undeveloped and used for agriculture
• Proposed substation characteristics
• Site is 210' x 257' with substation set back —75' from south and east
property lines, 120' from west property line, and 90' from north property line
• 50' tall dead-end towers and shield masts; taps into transmission line to west
• Lower elevation than properties to the north, west, and south but a higher
elevation than properties to the east
• The site plan shows an 8' tall chain link fence with barbed wire around the
use and S3 (High) screening around the property
(At maturity, all plantings will be 8'+ tall with 61 trees over 40')
(2) ...The proposed use will be compatible with surrounding
structures and uses with regard to safety, size, height, scale,
location, and design, particularly for facilities that will be
located close to or within view of a residential zone...
Findings:
• Future uses in the area may include residential development to
the west, north, and east
• To the south, land may be developed as residential or retained
as a 1,000-foot buffer for the City's wastewater treatment plant
• The proposed use is large, but the property is compatible with
surrounding uses because it abuts existing transmission lines
and is adjacent to the wastewater treatment buffer within which
residential development is less desirable
• The applicant also mitigates impacts on future development:
• Utilizes S3 landscaping; staff recommends this for all side of the property as
a condition of approval
• Substation would be constructed prior to surrounding development so those
who move to the area will be aware of its presence in advance
General Standards
14-413-3: Special Exception Review
Requirements.
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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 use provides a critical piece of infrastructure that
will provide a reliable base of power and will help pave the way
for future growth in the area
• The site plan shows the proposed use surrounded with a barbed
wire fence which prevents access to unauthorized persons and
mitigates potential safety issues
• Other substations in Iowa City are near a variety of uses,
including residential areas
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 use would provide power to future residents and businesses
• The property is surrounded by undeveloped land in agricultural
use with the nearest residential development is north of Lehman
Ave -850'+ away
• Sound from the proposed substation will be 35-41 dB, similar to
the level of noise of a library, bird calls, or ambient urban noise;
setbacks and screening will help mitigate noise
• Typical lighting for the proposed use would be 3,864 LM with an
additional 30,600 LM activated by approaching vehicles
• More intense light may occur during emergency work (-416,000 LM), but its
infrequent nature should have little impact on surrounding properties
• Installing the substation prior to development allows those
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:
• Past substation projects demonstrate that residential
development continues in the surrounding vicinity
• Most recently, residential projects including townhomes were
constructed following the installation of an electrical substation at
the intersection of Foster Road and Prairie Du Chien Road
• The proposed use is set back from adjacent property lines at
least 75' on all sides and proposed landscaping improvements
will help mitigate visual impacts
4. Adequate utilities, access roads, drainage and/or necessary
facilities have been or are being provided
Findings:
• Access will be via a temporary public access easement
agreement from Lehman Ave
• The easement shall be released upon dedication of ROW during final
platting, at which time the property will have direct access to public ROW
• The substation would provide electricity to serve the area
• Stormwater will be managed via an easement to the Sycamore
Greenway which acts as a stormwater detention facility
• The recommendation for rezoning includes a condition that stormwater must
be managed either via an easement or using onsite detention
• Compliance with stormwater management regulations must be
demonstrated prior to site plan approval
• Staff will ensure compliance with all applicable standards during
site Ian and buildin ermit review
0
5. Adequate measures have been or will be taken to provide
ingress or egress designed to minimize traffic congestion on
public streets
Findings:
• Access to the subject property will be from Lehman Ave via a
temporary public access easement agreement which will be
replaced with direct access to public ROW upon final platting of
the surrounding area
• Lehman Ave is currently unimproved at the proposed access
point, but the owner will extend the chip seal surface to the
access point as a condition of the rezoning
• Following construction, the proposed use is expected to produce
minimal traffic for routine maintenance and inspections with no
permanent employees onsite
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 use meets dimensional and site development standards in
P-1 zones (basic utilities are exempt from height standards)
• The site contains hydric soils but no wetlands or remnant prairies
• Landscaping is generally consistent with S3 (High) screening;
staff recommends S3 screening be a condition of approval
• The property is subject to the E1 (Low Ambient Lighting)
standard, which allows a max. light output of—196,000 LM
• In normal conditions, total light output would be-34,464 LM
• In emergency situations where required for worker safety, the total light
output would temporarily be-450,464 LM
• Staff will ensure compliance with all applicable standards during
site plan and building permit review
7. The proposed exception will be consistent with the
Comprehensive Plan of the City, as amended
Findings:
• Future Land Use Map Designations:
• South District Plan: Transect 3: Suburban Neighborhood General and
Transect 4: General Urban Neighborhood Medium
• Comprehensive Plan: Residential at 2-8 Dwelling Units Per Acre
• Essential utility uses serving future residential development is
consistent with these future land use designations
• The Comprehensive Plan supports coordination between private
utilities and the City to provide the highest levels of service for
areas under development at an efficient cost
• The proposed location is not contiguous with development but is
suitable for the proposed use due to its proximity to existing
transmission lines and 1,000' wastewater treatment plan buffer
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Staff Recommendation CITY OFIOWACITY
Staff recommends approval of EXC22-0005, to establish a
basic utility use in a Neighborhood Public (P-1) zone for an
electric substation for the property located at parcel
#1026476003, south of Lehman Avenue and east of
Soccer Park Road, subject to the following conditions:
1. Provide for screening to the S3 standard along all property lines, the
design of which shall be approved by the City Forrester prior to site
plan approval.
Board of Ad j ustment
Next Meeting:
September 14, 2022
NDS