HomeMy WebLinkAbout11-09-2022 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT
Wednesday, November 9, 2022 — 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
Agenda:
1. Call to Order
2. Roll Call
3. Nomination and selection of a new Board Vice Chair
4. Special Exception Item
a. EXC22-0006: An application submitted on behalf of Iowa City Ready Mix Inc. to
allow a heavy manufacturing use in a General Industrial (1-1) zone for a temporary
concrete batch plant at 3 E. Benton Street.
b. EXC22-0007: An application submitted on behalf of Iowa City Elks Lodge 590 to
build an addition on the clubhouse which is accessory to a parks and open space
use at 637 Foster Road.
5. Consideration of Meeting Minutes: July 18, 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 319-356-5247 or at klehmann(a)_iowa-citV.org.
Early requests are strongly encouraged to allow sufficient time to meet your access needs.
Upcoming Board of Adjustment Meetings
Formal: December 14 / January 11 / February 8
Informal: Scheduled as needed.
November 9, 2022
Board of Adjustment Meeting
EXC22-0006
ITEM 4A ON THE AGENDA
Staff Report
Prepared by Staff
To: Board of Adjustment
Item: EXC22-0006
Parcel Number: 1015255005
GENERAL INFORMATION:
Applicant:
Contact Person:
Property Owner(s):
Requested Action:
Purpose:
Location:
Location Map:
Size:
STAFF REPORT
Prepared by: Kirk Lehmann, Associate Planner
Date: November 9, 2022
Iowa City Ready Mix Inc
1854 S. Riverside Drive
Iowa City, IA 52246
Matt Knepper
1854 S. Riverside Drive
Iowa City, IA 52246
319-338-9764
Knepper.icrm@gmail.com
Eagle View Properties
PO Box 110
Iowa City, IA 522444
Approval of a special exception to allow the use of heavy
manufacturing in an 1-1 Zone
To establish a temporary concrete batch plant
11 W. Benton Street (Parcel Address is 3 E. Benton Street)
6.38 Acres
Existing Land Use; Zoning: Industrial; General Industrial Zone (1-1)
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1
Surrounding Land Use; Zoning North: Industrial; General Industrial Zone (1-1)
Commercial; Intensive Commercial Zone (CI-1)
East: Public; Neighborhood Public Zone (P-1)
South: Public; Neighborhood Public Zone (P-1)
West: Commercial; Community Commercial Zone (CC-2)
Applicable Code Sections: 14-4B-3A: General Approval Criteria
14-4B-4C-4: Heavy Manufacturing in CI-1 and 1-1 Zones
File Date: October 7, 2022
BACKGROUND:
The applicant, Iowa City Ready Mix Inc, is requesting to establish a temporary concrete batch plant
at 11 W. Benton Street, which is on the western portion of the parcel with an address of 3 E. Benton
Street. The subject property is approximately 6.38 acres and is primarily zoned General Industrial
(1-1), though the southeast portion of the site is zoned Heavy Industrial (1-2). Concrete batch/mix
plants are considered a "heavy manufacturing use" because they may have significant external
effects (odor, fumes, smoke, dust, etc.) on adjacent, less intense commercial or industrial uses. The
heavy manufacturing use is proposed on the western portion of the property zoned 1-1, which would
be allowed by this special exception request (EXC22-0006).
Iowa City Ready Mix formerly had a concrete batch plant at the subject property in 1989 prior to its
occupancy by other businesses. However, the western half of the property was vacated several
years ago and is currently used as overflow parking for other uses on the site. The site contains a
few buildings to the east and is used by a landscaping company and electrical contractor. The
applicant is proposing a portable concrete batch plant mounted on a trailer, material silos, stockpiles
of rock and sand, and a portable office. Mixer trucks will be loaded onsite and concrete will be mixed
as the trucks drive to job sites. The applicant expects the temporary plant to be used for 6 to 8
weeks beginning April 2023. Plans for the proposed use are included in Attachment 4.
ANALYSIS:
The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare;
to conserve and protect the value of property throughout the city; and to encourage the most
appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of
property in a manner that does not intrude upon adjacent property. The Board may grant the
requested special exception if the requested action is found to be in accordance with the specific
criteria included in Section 14-4B-4C-4, pertaining to Heavy Manufacturing In CIA And 1-1 Zones,
as well as the general approval criteria in Section 14-46-3A.
For the Board of Adjustment to grant this special exception request, all of the following criteria
must be met. The burden of proof is on the applicant, and their comments regarding each criterion
may be found on the attached application. Staff comments regarding each criterion are set below.
Specific Standards: 14-4B-4C-4: Heavy Manufacturing In CI-1 And 1-1 Zones:
1. The proposed use must be located at least five hundred feet (500') from any
residentially zoned property.
FINDINGS:
• The subject property is just under 500 feet from a property zoned Riverfront Crossings
— Central Crossings (RFC-CX) with residential units, but that zone is not classified as
residential, and the actual equipment is more than 500 feet from the residential uses.
• There are no residentially zoned properties within 500 feet of the proposed use.
2. All proposed outdoor storage and work areas must be located and screened to
adequately reduce the noise, dust, and visual impact of the proposed use from
surrounding properties.
FINDINGS:
• The portable plant has a collector that will help reduce the effects of dust.
• Most noise from concrete plants is associated with loading the mixer at mixing speed.
The proposed loading point is more than 100 feet from Benton Street, use of
construction equipment is subject to the City's noise ordinance, and there are no
nearby residential uses, which will help reduce the potential impacts of noise.
• Existing trees to the west and south adequately screen the proposed use from the
Iowa River and Riverfront Crossings Park respectively, and existing buildings to the
east adequately screen the proposed use from S. Clinton Street.
• The more than 40-foot setback from Benton Street and the change in grade adequately
screen the proposed use from Benton Street.
• The temporary nature of the proposed use will help to reduce its impact on surrounding
properties. To ensure the use is temporary, staff recommends a condition that the use
must terminate 180 calendar days after March 1, 2023, unless otherwise extended by
a vote of the Board of Adjustment. The use shall not be considered terminated until
the City Engineer confirms that all utility services are property abandoned.
3. Traffic circulation and access points must be designed to prevent hazards to
adjacent streets or property.
FINDINGS:
• The subject property is accessed from the signalized intersection of S. Capitol Street
and Benton Street which has adequate capacity to accommodate traffic.
• The site plan shows adequate space for circulation around the proposed use.
General Standards: 14-46-3: 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 use will be temporary, which will minimize any potential impacts.
• The proposed use is on a vacant lot accessed at a signalized intersection which will
maintain safety by easily accommodating additional traffic.
• The proposed use is set back approximately 40 feet from the sidewalk to the north,
and material piles are set back further, which helps minimize conflicts with pedestrians.
• The property contains the 100- and 500-year floodplains, so a floodplain permit is
required, and structures used for human occupancy must be elevated to 1 foot above
the 500-year flood hazard elevation. The applicant has applied for a floodplain permit.
In event of a flood, the equipment is portable with no crane needed, and materials can
be easily moved in loaders and dump trucks.
Mixers will be parked and the concrete washed out at the applicant's existing plant at
1854 S. Riverside Drive, which will prevent concrete washout on the ground at the
subject property. To ensure the existing plant's wash -out area is used, staff
recommends a condition that concrete not be washed out of any equipment at the
subject property.
A silt fence is provided to prevent loss of materials stored outdoors and capture any
runoff associated with rinsing dust off the exterior of the trucks.
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 portable plant has a collector that will help reduce the effects of dust.
• Staff does not anticipate significant impacts due to noise.
• Existing trees to the west and south adequately screen the proposed use from the
Iowa River and Riverfront Crossings Park respectively, and existing buildings to the
east adequately screen the proposed use from S. Clinton Street.
• The more than 40-foot setback from Benton Street and the change in grade adequately
screen the proposed use from Benton Street.
• Other uses on the subject property are compatible with the proposed use.
• The proposed use will be temporary, so no effects on property values are expected.
3. Establishment of the specific proposed exception will not impede the normal and
orderly development and improvement of the surrounding property for uses
permitted in the district in which such property is located.
FINDINGS:
• The proposed use will be established on a vacant lot, has a relatively small footprint
compared to the size of the site, and is set back at least 40 feet from all property lines.
• The surrounding area is developed with a mix of industrial, commercial, and public
uses, and the proposed use is more than 100 feet from adjacent properties.
• The proposed use is temporary, so it is not expected to significantly affect future
improvement or redevelopment.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
• The site has adequate access to most utilities, and connections to utilities must be
approved prior to construction.
• Water service must be extended from the existing hydrant run, similar to other uses
on the site, and will need to be properly abandoned once the temporary use has
terminated. As a result, staff recommends a condition that the alignment for any new
water service connection and plans for properly abandoning the water service must
be approved by the City Engineer as part of the site plan review process.
• Roads, access drives, and stormwater management will not be changed by the
proposed use. A silt fence will help avoid any potential issues related to runoff, as will
the condition that concrete not be washed out of equipment on -site.
Compliance with the City's building code and related requirements will be reviewed
during the site plan and building permit processes.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
• The proposed use would be accessed from the signalized intersection of S. Capitol
Street and Benton Street which has adequate capacity to accommodate traffic.
• The site plan shows adequate space for circulation around the proposed use.
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 equipment will be approximately 55 feet tall, which is higher than the
45-foot maximum building height typically allowed in the 1-1 zone. However, the
maximum building height may be increased by 1 foot for every 2 feet of additional
setback (Section 14-2D-4C-4a of the Iowa City Code), and the equipment is set back
adequately from all lot lines to allow for approximately 10 feet of additional building
height.
• The property contains the 100- and 500-year year floodplains, so a floodplain permit
is required, and any structures used for human occupancy must be elevated 1 foot
above the 500-year flood hazard elevation. The applicant has applied for a floodplain
permit.
• Due to the proximity of the Iowa River, a sensitive areas development plan must be
submitted during site plan review and a 50' natural buffer from the floodway along the
Iowa River must be maintained. The applicant has applied for a site plan review.
• Staff will ensure the site design conforms with all applicable zoning standards and
regulations, including requirements related to the floodplain and sensitive areas,
during the site plan, floodplain, and building permit reviews.
7. The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
FINDINGS:
• The Future Land Use Map of the Comprehensive Plan designates the western portion
of the subject property as public/private open space and eastern portion as mixed use.
• The Downtown and Riverfront Crossings Master Plan show the subject property as a
redevelopment site with open space to the west, large residential buildings on a rebuilt
Capitol Street, and smaller residential buildings fronting on Clinton and Benton Streets.
• One of the Comprehensive Plan's goals is to "Increase... the property tax base by
encouraging the retention and expansion of existing businesses...."
• The proposed use is being established to allow the expansion of Iowa City Ready Mix's
primary location on S. Riverside Drive and is temporary in nature.
• The proposed use is allowed under existing zoning and the temporary establishment
of the use will not negatively impact the ability of the site to redevelop in the future.
• The proposed exception is consistent with the Comprehensive and District Plans.
STAFF RECOMMENDATION:
Staff recommends approval of EXC20-0006, to allow a heavy manufacturing use within a
General Industrial (1-1) zone for the property located at 1854 S. Riverside Drive, subject to
the following conditions:
1. The use must terminate after a period of time, not to exceed one hundred eighty (180)
calendar days after March 1, 2023, unless otherwise extended upon a vote by the Board
of Adjustment. For the use to be considered terminated, all utility services must be properly
abandoned, as determined by the City Engineer.
2. Concrete shall not be washed out of any equipment at the subject property.
3. The alignment for any new water service connection, along with a plan for properly
abandoning the water service after the use is removed, shall be approved by the City
Engineer prior to site plan approval.
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
November 9, 2022
Board of Adjustment Meeting
EXC22-0006
ATTACHMENT 1
Location Map
Prepared by Staff
November 9, 2022
Board of Adjustment Meeting
EXC22-0006
ATTACHMENT 2
Zoning Map
Prepared by Staff
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November 9, 2022
Board of Adjustment Meeting
EXC22-0006
ATTACHMENT 3
Correspondence
Submitted by the Identified Party
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P.O. Box 1696. 1854 �ersi�e� au Citye IA 52244
C1Phone (319) 338-9764 • Fax (319) 338-7910
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October 28, 2022
City of Iowa City
410 East Washington St.
Iowa City, Iowa 52240-1826
RE: Response to Special Exception Application Staff Questions/Comments
1. What level of noise will the machinery be expected to produce and what is the estimated number of loads that will
go over the Benton Street bridge per day?
During the months of April and May, we would expect 15-25 mixer loads per day. As for noise, studies have been
performed and the levels were below 80 dBA at 20' from the plant while loading a mixer at mixing speed on the
mixer. Based on the location of the proposed portable plant, the loading point is more than 100' from Benton St., so
noise won't be an issue.
2. What other uses are currently operating at the property?
A landscaping business is currently operating on the south center of the site with raw materials stockpiled outside
the building they are also using. An electrical contractor is storing conduit spools outside along the south/southwest
edge of the property. Most of the site is vacant and undeveloped.
3. What is the total height of the proposed equipment after it is assembled?
The heights range up to 55', but can be lowered if needed. Based on the proposed location of the portable plant, we
can reduce the setback to allow the 55' plant to be erected without modifications.
4. What will all be stored in the material storage area?
Rock and Sand will be the only materials stored in the material storage area.
5. There is a concern that runoff mixed with concrete from cleaning the batch plant equipment might get into the river.
How will this be prevented?
The portable plant and concrete mixers will not be cleaned out onsite, so no concrete washout will be on the ground.
Our concrete mixers will use our permitted washout at our permanent location at 1854 S. Riverside Dr. in Iowa City
throughout the day. Only a light rinse on the outside of the mixer will be done onsite to get any dust off the mixer
from the loading operation. We will designate a spot onsite near the two material stockpiles and surround it with a
silt fence or sock to contain the water to allow it to evaporate.
6. S2 screening is required along the north property line for the proposed use because it is along an arterial (14-2D-5E-
1) and S3 screening is required between materials stored outdoors and the public right of way (14-2D-5F-1). Any
waiver requests must be made in accordance with those standards.
We would like to request waiving the requirement of screening, the proposed location of the plant is roughly 6'
below the Benton Street elevation and is blocked from view on most sides by existing features such as trees,
vegetation, and buildings.
7. Due to the proximity of the Iowa River, a sensitive areas development plan will be required at the time of site plan
review. Along the Iowa River, a 50' natural buffer must be maintained between any development activity and the
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P.O. Box 1696. 1854 �ersi�e� au Citye IA 52244
pC Phone (319) 338-9764 • Fax (319) 338-7910
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stream corridor, which includes the floodway. This will require showing the floodway on the site plan and the 50'
buffer required from the floodway.
MMS has provided this on the Final Sensitive Areas Development and Minor Site Plan. Please note that the
floodway is shown, and the edge of the Iowa River is utilized as the west boundary. The 50' buffer has been
established off of the boundary line to show the maximum buffer extent.
8. A floodplain permit will be required prior to issuance of any building permit. Among other standards, structures
must be adequately anchored, and new structures used for human occupancy must be constructed with electrical,
heating, ventilation, plumbing and air conditioning equipment and other service facilities elevated or floodproofed to
1 foot above the flood hazard elevation (i.e., the 500-year floodplain). A permit will also need to be obtained from
the Iowa DNR. It may be worthwhile to explore locating on the property outside of the 500-year floodplain.
MMS is applying for the floodplain permit with the City, and MMS will speak with the IDNR to satisfy any
requirements they may have. As mentioned, the plant is portable, and the job trailer is portable. If a flood event
were to occur, both of these items will be moved offsite within a couple days. The job trailer can be unplugged from
the plant and pulled offsite, and the plant is built on axles for easy transportation (no crane needed to dismantle and
fold it down). The job trailer will be heated/cooled, and a port -a -potty will be onsite. No permanent structures are
being built here, just temporary equipment for 2 months. Only one person will be in the trailer to batch the concrete.
All mixer drivers will stay in their mixers and take breaks at our existing plant at 1854 S. Riverside Dr., as usual.
9. Describe how equipment and stored materials will be secured/removed in a flood event.
See the response to question 8 above. In addition to the portable plant and job trailer, material piles will be loaded
onto our dump trucks and hauled to our existing plant at 1854 S. Riverside Dr. We have loaders and dump trucks to
facilitate this ourselves. If a flood event is imminent, we will move all equipment and storage piles off site.
10. A temporary use permit will not be required. However, a minor site plan (which should include a final sensitive
areas development plan) and permits for electrical, sewer/water, etc will be required.
Advanced Electric will provide permits for the electrical work, and Carter and Assoc. will provide permits and work
with the City to hook up to the existing water line that is still there from when we originally had a permanent plant
there in 1989. MMS updated the Site Plan to include the Final Sensitive Areas Development Plan, and has
submitted the Minor Site Plan to the City for review.
11. Please update the site plan to identify the following:
a. Any areas used for parking or loading vehicles (including mixers)
One personal vehicle will be parked next to the job trailer (dispatch person) during business hours. Concrete mixers
will be staged south of the batch plant equipment during operating hours. The mixers will be parked overnight in
their truck shed at 1854 S Riverside Dr. No vehicles or mixers will be onsite overnight, just the loader used to
transfer rock/sand onto the belts feeding the portable plant.
b. Any concrete washout areas or other areas to avoid runoff mixed with concrete
No washout onsite, all washouts will be done at 1854 S. Riverside Dr. Only a rinse area will be utilized onsite
to rinse the exterior surfaces of the mixers after being loaded. This area will be surrounded with a silt fence or
filter sock to capture any runoff and allow it to evaporate.
c. Any existing and proposed landscaping and trees, and any screening.
itv
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���uityeP.O. Box 1696. 1854 ersieaCIA 52244 Phone (319) 338-9764 Fax (319) 338-7910
Csto1lished1%3•........•••••••••••••••••••••••••••••• Requesting a waiver due to short temporary use of the site, otherwise fencing will be used.
d. The 500-year floodplain, the floodway, and the 50-foot buffer from the floodway.
MMS has provided a Final Sensitive Areas Development and Minor Site Plan illustrating this buffer area.
12. Staff is considering recommendation of approval, subject to the following conditions:
a. General conformance to the site plan
MMS has this updated.
b. The use must terminate after a period of time, not to exceed one hundred eighty (180) calendar days after
approval of a site plan, unless otherwise extended upon a vote by the Board of Adjustments.
We will set a date to make this take effect, tentatively April 1 °' as a start date.
c. Equipment may not be operated before 7:00 A.M. and after 10:00 P.M.
These hours are acceptable; however, we would like to start by 6:30 A.M. if allowable. And with that, we are
working on the UIHC on Forevergreen Project and they may require us to batch concrete at 5:00 A.M.
periodically (no more than once per week). What is the process to get approvals for this since it will most likely
happen up to 6 to 8 times between April and May?
If you have any further questions, please contact myself and I will do my best to answer them.
Thanks,
Matt Knepper
General Manager
Iowa City Ready Mix, Inc.
October 11. 2022
RE: Special Exception for 3 E Benton Street
Dear Property Owner and/or Occupant:
+ "�itl111®�C��
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 by Iowa City
Ready Mix requesting a special exception to allow a temporary concrete batch plant at 3
E Benton 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 November 9, 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 319-356-5247 or check the City of Iowa City's website, wvvw.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 klehmann(cbiowa-city.org or 319-356-5247 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
L Board of Adiustment: Freauently Asked Questions
What is the Board of Adjustment? What is a variance? How can I participate in the
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.
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.
process?
Because most applications will be
reviewed and decided upon at a single
public hearing, it is important for
interested parties to respond in a
timely and informed manner. Those
who wish to speak for or against an
application are given an opportunity to
be heard by the Board at the hearing,
but may also submit written comments
prior to the meeting.
Written comments must be delivered to
the Department of Neighborhood &
Development Services at City Hall no
later than 5 days before the hearing in
order to be included with the Staff
Report. All correspondence submitted
after that time will be delivered to the
Board at the time of the hearing.
The Board considers the application,
the recommendation of staff (in the
staff report) and any additional
information, correspondence, or
testimony provided at the hearing.
Board of Adjustment hearings are
usually held on the second Wednesday
of each month at 5:15 p.m. in Emma J.
Harvat Hall in City Hall. You can find
more information at the following
website: www.icgov.org/boa.
The Staff Report can be very useful to
anyone who is unfamiliar with the BOA
process or with the Zoning Code and
will provide an understanding of the
criteria that the Board must consider in
rendering its decision. Staff Reports
may be obtained from the Department
of Neighborhood & Development
Services. E-mail kirk-Lehmann@iowa-
city.org to request a copy of a report.
If you have questions about an
application or if you simply want more
information about issues related to the
Board of Adjustment, please feel free
to contact Kirk Lehmann at 319-356-
5230 or e-mail kirk-Lehmann@iowa-
city.org.
To submit comments to the Board of
Adjustment write to the Board of
Adjustment c/o the Department of
Neighborhood Et Development Services,
410 E. Washington St., Iowa City IA
52240 or a -mail kirk-lehmann@iowa-
cit .or .
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Mailing Name
Mailing Address2
Mailing Address3
Mailing Zip Code
2708 LLC
2140 HIGHWAY 22
KALONA, IA
52247
CRUISE FURMAN LLC
PO BOX 2431
IOWA CITY, IA
52244
EAGLE VIEW PROPERTIES LLC
PO BOX 110
IOWA CITY, IA
52244-0110
IOWA BOOK & SUPPLY CO
8 S CLINTON ST
IOWA CITY, IA
52240
JOHNSON COUNTY IOWA
913 S DUBUQUE ST STE 101
IOWA CITY, IA
52240
KANDIE K GELNER
PO BOX 2000
IOWA CITY, IA
52244-2000
KEVIN W O'BRIEN
PO BOX 5280
CORALVILLE, IA
52241
LINDER TIRE SERVICE INC
632 S RIVERSIDE DR
IOWA CITY, IA
52246
LLOYD M & RUTH V BAUMGARTNER
227 KIRKWOOD AVE
IOWA CITY, IA
52240
MCDONALD'S CORPORATION
P O BOX 182571
COLUMBUS, OH
43218
MIDAMERICAN ENERGY COMPANY
PO BOX 657
DES MOINES, IA
50303-0657
PHOENIX IOWA CITY LLC
464 HERITAGE RD, STE F
SOUTHBURY, CT
6488
RAVI LODGING INC
2706 JAMES ST
CORALVILLE, IA
52241
STURGIS CORNER ASSOCIATES
52 STURGIS CORNER DR
IOWA CITY, IA
52246-5617
T-MOBILE USA INC
12920 SE 38TH ST
BELLEVUE, WA
98006
XJ-23 LLC
PO BOX 3049
IOWA CITY, IA
52244-3049
Occupant
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IOWA CITY
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IOWA CITY
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November 9, 2022
Board of Adjustment Meeting
EXC22-0006
ATTACHMENT 4
Special Exception Application
Submitted by the Applicant
EXC22-0006 (3 E BENTON ST Iowa City, IA 52240)
Project Description:
We were granted a Special Exception to modify our current ready mixed concrete plant . In
order to keep our customers while we construct the modifications, we need a temporary site to
operate a portable concrete batch plant for 6 to 8 weeks. We used to have our plant at this
location up to 1989, and the owner of the property agreed to let us use the site again to
temporarily batch concrete out of a portable plant since the west half of the property is vacant
after City Carton moved out. The portable plant is trailer mounted (12' x 59'). It will have 2
conveyers to run aggregates into its bins, which we will have a loader onsite to move aggregates
from two stockpiles of rock and sand. Our mixers will back under the portable plant to get
loaded, then mix the concrete on their way to various jobsites.
Did you hold a Good Neighbor Meeting?' No
Has a pre -application meeting been held?` Yes
Date of previous application or appeal filed
P
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.
Specific Criteria (14-4B-4C-4) - Heavy
Manufacturing In CI-1 And 1-1 Zones
General Criteria (14-46-3A)
Provide code section(s) here'
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Specific Criteria (14-4B-4C-4): Heavy Manufacturing in CI-1 and 1-1 Zones
(Concrete Batch Plants)
a. The proposed use must be located at least five hundred feet (500') from any residentially
zoned property.
Iowa City Ready Mix is not located within 500' of any residentially zoned property.
b. All proposed outdoor storage and work areas must be located and screened to adequately
reduce the noise, dust, and visual impact of the proposed use from surrounding properties.
The portable plant is new and has a dust collector. Noise from the portable plant will be
minimal. Only conveyers running and gates opening and closing to drop material from overhead
bins onto the conveyer belt. Rock and Sand will be delivered by dump trucks, and cement and
fly ash will be delivered in tankers. Our concrete mixers will mix the dry materials as they
currently do now from the plant to the delivery site, so they are only at mixing speed on site for
a few minutes. Trees currently screen the site to the west and south, and other buildings on the
site screen the plant to the east. The elevation of the site drops off to the south and west, so
the plant will be sitting lower than Benton Street to the north, minimizing the view of the plant
from the street.
c. Traffic circulation and access points must be designed to prevent hazards to adjacent streets
or property.
Traffic will not be interrupted since we will be following the traffic signals at the Benton Street
and Capitol St. intersection. Little traffic enters and exits this site now, so no impact is
anticipated. No additional hazards are foreseen, meaning this is no different than our concrete
mixers entering or exiting any other project site around town.
General Criteria (14-413-3A)
1. The specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare.
The portable plant will be operated well within the site, away from any sidewalks or pedestrians.
The public will not be in danger, nor will their comfort be disrupted since we will primarily
operate 7 am to 5 pm. Also, this is only temporary for 6 to 8 weeks between April and June,
2023, when the construction season is just starting, so not very busy. We also will have a person
onsite at all times the plant is operational.
2. The specific proposed exception will not be injurious to the use and enjoyment of the other
property in the immediate vicinity and will not substantially diminish or impair property
values in the neighborhood.
This area is an industrial/commercial area and currently is only used as an overflow parking area
for other businesses on the eastern half of the property. We are only using the western half of
the property for a short period of time, so it will be left as it was before we plan on using it. No
change in surrounding property values.
The property owner owns the property across Benton St. to the North, Johnson County owns
property across Benton Street to the Northeast and East, and The City of Iowa City owns
property to the South. The Iowa River borders the site to the West. Trees provide privacy to
the west and south, so no loss of enjoyment on the river or at the park. Other business
buildings are on the site to the east which will act as a buffer between our portable plant and
the Johnson County Administrative Building.
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.
This is a short-term use of the site, so no lasting effects are foreseen.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided.
Water and electrical services are already on site, so we will work with local contractors to obtain
permits to hookup our temporary portable plant and Office Trailer. No access roads are needed
since the site has a signalized intersection onto Benton Street and the entire site is covered in
concrete pavement.
5. Adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets.
The intersection of Benton Street and S. Capitol street is signalized, so no effect on traffic is
anticipated.
6. Except for the specific regulations and standards applicable to the exception being considered,
the specific proposed exception, in all other respects, conforms to the applicable regulations
or standards of the zone in which it is to be located.
As discussed in the Specific Criteria for Approval in Section 14-4B-4C-4, all requirements are met
for our Heavy Manufacturing CI-1 and 1-1 Zones. Please see responses in that letter which is
attached to this Special Exemption Application.
7. The proposed exception will be consistent with the Comprehensive Plan of the City, as
amended.
Iowa City Ready Mix, Inc. has been in business since 1963. We have supported the University of
Iowa, University of Iowa Hospitals and Clinics, Iowa City Community School District, Private
school districts, and many local organizations. We also want our community to grow and
prosper. With this Special Exception, it will only help this vision become a reality. This portable
plant is just a stepping stone in order for us to maintain our customers while we update our
permanent plant. We will be more energy efficient with the upgraded replacement plant since
ours is over 50 years old. The building will get a facelift and revised exterior to make it appear
up to date with current new buildings in the area. We have already updated our containment
structures around the entire site to protect the Iowa River and Public roadways from site runoff
and worked with the City of Iowa City to improve the Imperial Court cul-da-sac. This
replacement plant equipment and building updates/alterations will allow our business to
continue to grow and employ more personnel. Consistent quality concrete is what we have
provided for decades, and with these improvements, we can continue for many more decades.
We are proud of our product, our employees, and our City for making us a successful business.
9/14/22, 11:05 AM
IMG956589.jpg
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https://mail.google.com/mail/u/0/?tab=rm&ogbl#inbox/KtbxLxgBvhRBFCbcTBQBSGlxkTJFrpsdtL?projector=l &messagePardd=0.l 1 /1
LO-PRO° MODEL
427
PRODUCTION CAPACITY:
Theoretical Cycle Time - 2.5 to 3 minutes
BATCHER CAPACITY -
Aggregate - 1 to 12 cubic yards (1 to 9.2 cubic meters)
Cement - 1 to 12 cubic yards (1 to 9.2 cubic meters)
Scales - Direct Load Cells
AGGREGATE BATCHER CONVEYOR:
30" wide (762 mm), 10 horsepower drive.
Optional 15 horsepower drive
AGGREGATE DISCHARGE CONVEYOR:
30" wide (762 mm), 10 horsepower drive.
Optional 36" (914 mm), 15 horsepower
CEMENT BATCHER RECIRCULATING SCREW:
14" diameter (360 mri 15 horsepower
Optional 18" diameter (460 mm), 20 horsepower
CEMENT FEEDER SCREWS:
Two 9" diameter (230 ni 15 horsepower drive.
Optional 12" diameter (300 mm), 20 horsepower
CEMENT AERATION:
5 and 7 horsepower, high volume, low pressure blowers.
HIGH PRESSURE AIR COMPRESSOR:
10 horsepower, 120 gallon (0.45 cubic meters). Optional 15, 20,
25 or 30 horsepower, 120 gallon (0.45 cubic meters).
AASTEC
BATCH CONTROL SYSTEM:
Semi -automatic cut-off of cement by presets on digital readouts.
Push-button for electric over air on gates. Optional fully automatic
computerized batch control system.
WATER METER:
3" diameter (77 mm) with up to 500 gallons (1,740liters) per minute
111XlzM1*1AI_\11e1FiF314.:A
Rear -mounted 36,000lb. (16,330 kg) capacity tandem axle
with eight (8) 295/75R 22.5 tires, wheels, air brakes heavy
duty spring suspension, tail and brake lights, and fifth wheel rub
plant with king pin.
STORAGE BIN CAPACITIES:
AGGREGATE HEAPED VOLUME
50 to 90 cubic yards 138 to 68 cubic meters)
CEMENTI GROSSVOLUME
1,708 cubic feet (475 cubic meters)
CEMENT II GROSS VOLUME
1,600 to 3,060 cubic feet (45 to 85 cubic meters)
DIMENSIONS:
Towing length
Towing height
Towing width
Empty weight, total
60'-0" (18,000 mm)
14'-4" (4,369 mm)
Il'-6" (3,450 mm)
60,0001bs. (22,395 kg)
ELECTRICAL: SHIPPING DIMENSIONS:
460 volt, 3-phase with 120 VAC transformer for control Length 70'-0" (21,336 ri
voltage. All motors are TEFC. All motor circuit wiring protected Height 14'-4" (4,369 mm)
by individual circuit breakers. Electrical components housed in Width l'-6" (3,450 mm)
NEMA steel enclosures. Wiring in conduit. Shipping Volume 11,536 cubic feet (326 cubic meters)
ASTEC
www.astecindustriesaorn Note:ccnw1tmcrory for exaad,mmnsions, s Fcahons are subjedro change withoNnoAce.
Rev. 5/21
Properties within 300 feet of 11 W Benton Street
Address
Parcel Number
Class
Owner
11 W Benton St. (W. side of 3 E Benton St.)
1015255005
11
Eagle View Properties LLC
3 E Benton St.
1015255005
C, 11, 12
Eagle View Properties LLC
817 S Capitol St.
1015254004
C'11
Eagle View Properties LLC
850 S Capitol St.
1015259002
C
CRUISE FURMAN, LLC
Lafayette St.
1015280001
C
CRUISE FURMAN, LLC
---
1015280006
C
CRUISE FURMAN, LLC
821 S Clinton St.
1015280005
C
Johnson County Iowa
S Clinton St.
1015280002
C
Johnson County Iowa
855 S Dubuque St.
1015281014
C
Johnson County Iowa
913 S Dubuque St.
1015287001
C
Johnson County Iowa
925 S Dubuque St.
1015287002
C
Johnson County Iowa
---
1015287003
IC
I City of Iowa City
---
1015255004
C
City of Iowa City
---
1015288009
C
City of Iowa City
10015 Clinton St.
1015303001
C
City of Iowa City
Iowa River
9900000001
---
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*W and E Benton St. to the north, and 5 Clinton St. to the east of the property.
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Legal Description of Property
Parcel Number: 1015255005
Deed Holder: Eagle View Properties LLC
Property Address: 3 E Benton St.
11 W Benton St. (portion of parcel)
Iowa City
Class: C, 11, and 12
Sec-Twn-Rng: 15 - 79 - 6
Subdivision: County Seat Addition
Legal Description: IOWA CITY COUNTY SEAT ADDITION LOT:OL 2 OUTLOTS 2 & 3 & INCL
VACATED CAPITOL ST EXC ROW CONVEYED IN BK 389 PG 236 & EXC THAT LAND DESC IN BK 993 PG
149, 151 & 156 & EXC THAT LAND DESC AS AUDITOR'S PARCEL #95102 IN SURVEY BK 37 PG 199
November 9, 2022
Board of Adjustment Meeting
EXC22-0007
ITEM 413 ON THE AGENDA
Staff Report
Prepared by Staff
To: Board of Adjustment
Item: EXC22-0007
Parcel Number: 1004426004
GENERAL INFORMATION:
Applicant/Property Owner:
Contact Person(s):
Requested Action:
Purpose:
Location:
Location Map:
Size:
Existing Land Use and Zoning
STAFF REPORT
Prepared by: Emani Brinkman, Planning Intern
Kirk Lehmann, Associate Planner
Date: November 9, 2022
Iowa City Lodge 590 BPOE
637 Foster Road
Iowa City, IA 52245
Alan Wieskamp
Studio Intrigue
116 V Avenue SE
Cedar Rapids, IA 52401
Iowa City Lodge 590 BPOE
637 Foster Road
Iowa City, IA 52245
Expansion of an accessory active recreational use located
within a private parks and open space use
To add 1,654 square feet to the Elks Lodge clubhouse
637 Foster Road
9,713 square feet (clubhouse after addition)
Parks & Open Space (Golf Course); Interim Development
Single -Family Residential (ID-RS)
1
Surrounding Land Use and Zoning North:
East:
South
West:
Residential; Low Density Single Family
Residential with a Planned Development
Overlay (OPD/RS-5)
Parks & Open Space; Interim Development
Single -Family Residential (ID-RS)
Parks & Open Space; Interim Development
Single -Family Residential (ID-RS)
Parks and Open Space; Interim Development
Single -Family Residential (ID-RS)
Applicable Code Sections: 14-413-3A: General Approval Criteria
14-4C-2C-3: Accessory Use Within Parks and Open Space
File Date: October 17. 2022
BACKGROUND:
The applicant, Iowa City Lodge 590 BPOE (hereafter Elks Lodge), is requesting to build an
addition to their clubhouse at 637 Foster Road. The subject property consists of approximately
30.7 acres of land located south of Foster Road and is a portion of the larger Elks Lodge Golf
Course. Golf courses are considered a "parks and open space' use, which is provisionally
permitted within the subject property's Interim Development Single -Family Residential (ID-RS)
zone. Parks and open space uses can have accessory buildings devoted to active recreational
uses, such as clubhouses, with approval of a special exception.
For the current application (EXC22-0007), a special exception is required because the Elks Lodge
is requesting to expand their clubhouse by more than 500 square feet. The application is
proposing an additional 827 square feet on each floor of the clubhouse totaling 1,654 square feet.
The additions will be located on the west and south portions of the existing clubhouse. Plans for
the proposed additions are included in Attachment 4.
ANALYSIS:
The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare;
to conserve and protect the value of property throughout the city; and to encourage the most
appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of
property in a manner that does not intrude upon adjacent property. The Board may grant the
requested special exception if the requested action is found to be in accordance with the specific
criteria included in Section 14-4C-2C-3, pertaining to accessory use within parks and open spaces
requiring special exceptions, as well as the general approval criteria in Section 14-4B-3A.
For the Board of Adjustment to grant this special exception request, each of the following criterion
below must be met. The burden of proof is on the applicant, and their comments regarding each
criterion may be found on the attached application. Staff comments regarding each criterion are
set below.
Specific Standards: 14-4C-2C-3: Accessory Use Within Parks and Open Space:
a. The proposed use is properly located to provide adequate separation between
properties and between uses within the parks and open space area. Any buildings
associated with the proposed use must comply with the setback requirements for
principal buildings in the underlying base zone. Other structures and facilities must
be set back at least twenty feet (20') from any property line. The board of adjustment
may reduce or increase the setback requirements; provided, that adequate
separation is established based on the specific use proposed and the nature of the
surrounding properties.
FINDINGS:
• The existing structure and proposed addition are set back more than 370 feet from the
north property line, which provides more than adequate separation between uses.
b. The proposed use is consistent with the intended character of the specific parks
and open space area.
FINDINGS:
• The existing clubhouse was constructed to serve the golf course in 1972.
• The proposed addition will retain the current clubhouse uses with locker rooms and a
dining room with a bar area.
c. The location or operation of the proposed use will not compromise any designated
environmental conservation areas adjacent to or within the parks and open space
area.
FINDINGS:
• The expansion of the clubhouse will occur in areas that have been graded and/or
paved, so no impacts to environmental conservation areas are expected.
• The subject property is on a parcel that contains the 100- and 500-year floodplains, so
a floodplain permit is required. However, the clubhouse is well above flood elevation.
• A sensitive areas development plan is required as part of the site plan due to the
property abutting the river, but the clubhouse is more than 700 feet from the river.
• No environmental impacts are anticipated.
d. The transportation system is capable of safely supporting the proposed use in
addition to the existing uses in the area. Evaluation factors include street capacity
and level of service, access requirements, on street parking impacts, neighborhood
impacts, and pedestrian safety.
FINDINGS:
• The proposed addition will increase the occupancy of the clubhouse to 351.
• Access to the site will not change, but the parking lot is being improved as part of the
project, which should help better guide traffic through the site.
• No impacts to on -street parking are expected because the proposed addition is set
back so far from Foster Road and parking is not allowed on Foster Road.
• The addition is relatively minor, so no significant impacts to traffic are anticipated.
e. Adequate public services are available or will be made available to serve the
proposed use.
FINDINGS:
0 This is an addition to an existing use of a private clubhouse for the private golf course.
Water service will be upgraded to support a fire suppression sprinkler system.
Electrical service will be buried as part of the project.
f. The proposed use will not have significant adverse impacts on the livability of
nearby residential properties due to noise, glare from lights, late night operations,
odors, and litter.
FINDINGS:
• The clubhouse is set back about more than 370 feet to the north property line.
• The proposed addition is to the west and south of the existing building, so no additional
impacts are expected to surrounding properties.
g. The building official may grant approval for the following minor modifications to
accessory uses within parks and open space uses without approval from the board
of adjustment, according to the procedures and approval criteria for minor
modifications as set forth in chapter 4, article B of this title:
(1) An accessory storage building less than five hundred (500) square feet in size.
(2) A building addition of less than five hundred (500) square feet, provided the
addition does not increase the occupancy load of the building.
FINDINGS:
• The proposed addition is 1,654 square feet, so a special exception is required.
General Standards: 14-46-3: 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 addition will not affect the use or significantly impact the intensity of the use.
• Access to the property will not be modified, and no major impacts to traffic
generation are expected.
• The project includes expanding water service to allow the installation of a sprinkler
system and burying electrical lines which will improve public safety and the
appearance of the area.
• Access to the pool will be rerouted through the clubhouse which will ensure entry
is monitored.
• The project will address ADA accessibility issues at all entrances.
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 clubhouse is set back over 370 feet to the nearest adjacent properties to the north.
• The proposed addition is located to the west and south, so no additional impacts are
expected to surrounding properties.
• The proposed addition will retain the clubhouse's current use and is relatively small,
so compatibility with adjacent uses will not be affected.
• The project will improve the aesthetics of the clubhouse and electrical service.
3. Establishment of the specific proposed exception will not impede the normal and
orderly development and improvement of the surrounding property for uses
permitted in the district in which such property is located.
FINDINGS:
• The surrounding neighborhood is already fully developed with a mix of residential,
parks, and open space uses.
• The proposed additions are set back far enough from property lines to not affect the
development or improvement of surrounding properties.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
• The proposed addition is to an existing clubhouse, so all access roads, drainage and
necessary facilities are established for this neighborhood.
• Water service will be expanded to the addition to allow the installation of a sprinkler
system, and electrical lines that are currently overhead will be buried.
• Staff will ensure all standards are met through the site plan and building permitting
process.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
• The property is accessed from a drive on Foster Road.
• No changes are being proposed to the existing driveway, sidewalk or street.
• Proposed parking lot improvements will help better guide traffic through the site.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
FINDINGS:
• The proposed addition conforms with all dimensional and site development
standards for ID-RS zones.
• The subject property abuts the Iowa River and contains the 100- and 500-year
floodplains, so a floodplain permit and sensitive areas development plan are required.
• For parks and open space that include a golf course, 3 parking spaces are required
for each green (hole). The proposed onsite parking will provide 85 parking spaces,
which is well above the 27 required.
• Staff will ensure all standards are met through the site plan (including sensitive areas
development plan), floodplain, and building permitting processes.
7. The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
FINDINGS:
The Future Land Use Maps of the Comprehensive Plan and North District Plan
both designate this area for Public/Private Open Space.
The current land use of this property is consistent with the Comprehensive and
District Plans and will not change because of the proposed special exception.
STAFF RECOMMENDATION:
Staff recommends approval of EXC22-0007, to allow a 1,654 square foot addition to the Elks
Lodge clubhouse within a parks and open space use zoned Interim Development Single -Family
Residential (ID-RS) at 637 Foster Road.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Correspondence
4. Application Materials
Approved by: 'J • 4S
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
November 9, 2022
Board of Adjustment Meeting
EXC22-0007
ATTACHMENT 1
Location Map
Prepared by Staff
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Board of Adjustment Meeting
EXC22-0007
ATTACHMENT 2
Zoning Map
Prepared by Staff
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Board of Adjustment Meeting
EXC22-0007
ATTACHMENT 3
Correspondence
Submitted by the Identified Party
October 21. 2022
RE: Special Exception for 637 Foster Road
Dear Property Owner and/or occupant:
+'�itl111®MOM
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 by Studio
Intrigue on behalf of Iowa City Elks Lodge 590 requesting a special exception to allow an
addition to the clubhouse located at 637 Foster 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 November 9, 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 319-356-5247 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 klehmann a()iowa-city.org or 319-356-5247 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,
pv�
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 8 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-
5247 or e-mail klehmann@iowa-
city.org.
To submit comments to the Board of
Adjustment write to the Board of
Adjustment c/o the Department of
Neighborhood it Development Services,
410 E. Washington St., Iowa City IA
52240 or e-mail klehmann@iowa-
citv.org.
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November 9, 2022
Board of Adjustment Meeting
EXC22-0007
ATTACHMENT 4
Special Exception Application
Submitted by the Applicant
EXC22-0007 (637 FOSTER RD Iowa City, IA 52245)
Project Description:
827 sq. ft. addition to each floor of Elks Lodge. 1,654 sq. ft. total.
Did you hold a Good Neighbor Meeting?' No •
Has a pre -application meeting been held?' No
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-2C-3
14-4B-3
Provide code section(s) here`
studio
----------------- ---------------------------------------------------------------
Af-ZCHITECTS
October 30, 2022
Kirk Lehmann, AICP
Associate Planner
City of Iowa City
410 East Washington St.
Iowa City, IA 52240
RE: Special Exception Submittal
Iowa City Elks Lodge #590, 637 Foster Rd.
Mr. Lehmann,
It was communicated to us that because the proposed work at the Elks Lodge
exceeded 500 square feet of additional floor space, we are required to submit
a special exception review based on the Specific and General criteria of Iowa
City's Zoning Code.
arehireeryraldesign ;
Specific Criteria (14-4C-2C-3):
3. Uses, buildings and structures devoted to active recreational activities, such as
"terns
clubhouses, driving ranges, swimming pools, recreation buildings, sports fields, and
tennis courts, which are located within private, shared open space, are permitted by
masras planning ;
special exception and are subject to the following approval criteria, except for uses
feasibility studies
approved through a planned development process. Uses, buildings, and structures
devoted to active recreational activities approved through a planned development
construction
process are not initially required to obtain special exception approval. However, any
drawings
expansion or enlargement of such a use, building, or structure requires special
renderings
exception approval from the board of adjustment, except as permitted in subsection
C3g of this section. A special exception is not required for buildings or structures
spnniFlcarinns
devoted to active recreational activities within public parks.
ADA studies
a. The proposed use is properly located to provide adequate separation between
ordinance rasearch
properties and between uses within the parks and open space area. Any buildings
associated with the proposed use must comply with the setback requirements for
Code reseaMh
principal buildings in the underlying base zone. Other structures and facilities must
be set back at least twenty feet (20') from any property line. The board of
logo dasign
adjustment may reduce or increase the setback requirements; provided, that
graphic design
adequate separation is established based on the specific use proposed and the nature
of the surrounding properties.
furnirurn design
brochure design ,
N C A R B
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Setbacks for the project are unaffected by the proposed additions. The
original footprint of the building will remain well within allowed set -backs. One
portion of the addition is 12'-6" closer to the west property boundary over 900
feet away, and the south face of the addition is within the original footprint of
the building, which is over 720 feet from the Iowa River which is the southern
property border.
b. The proposed use is consistent with the intended character of the specific parks
and open space area.
The proposed use of the facility is unchanged and is the reason for the
current zoning of the property. The facility has been operating in its current
location for more than 75 years and has been on the property for more than
90 years. The character of the facility will be improved and in keeping with the
surrounding architecture of the new development as opposed to the original
pre-engineered metal building structure that was a portion of the original
clubhouse.
c. The location or operation of the proposed use will not compromise any
designated environmental conservation areas adjacent to or within the parks and
open space area.
The location and proposed use of the facility remains unchanged. The
proposed upgrades will not compromise the existing environment,
surrounding grades or conservation areas.
d. The transportation system is capable of safely supporting the proposed use in
addition to the existing uses in the area. Evaluation factors include street capacity
and level of service, access requirements, on street parking impacts, neighborhood
impacts, and pedestrian safety.
Proposed changes have no impact on current or future planned uses of the
facility. The current parking and traffic flows are not expected to increase.
e. Adequate public services are available or will be made available to serve the
proposed use.
The current services to the property will be upgraded to enhance safety and
aesthetics. The sanitary system is adequate for the proposed changes. The
water service will be upgraded from a 2 inch domestic service to a 6 inch
domestic and fire suppression sprinkler system.
The current property is not protected by fire sprinkler, but the proposed
project will upgrade the water service to provide fully sprinkler protected
building.
The current electrical service is overhead power line and pole mounted
transformers. This service will be upgraded to a ground mounted transformer
and buried electrical service.
f. The proposed use will not have significant adverse impacts on the livability of
nearby residential properties due to noise, glare from lights, late night operations,
odors, and litter.
Page 2 of 4
The proposed changes to the property will not change the operation of the
property. Any changes to the exterior and landscaping around the proposed
additions are meant to enhance the view of the property from surrounding
neighbors.
g. The building official may grant approval for the following minor modifications to
accessory uses within parks and open space uses without approval from the board of
adjustment, according to the procedures and approval criteria for minor
modifications as set forth in chapter 4, article B of this title:
(1) An accessory storage building less than five hundred (500) square feet in size.
(2) A building addition of less than five hundred (500) square feet, provided the
addition does not increase the occupancy load of the building.
General Criteria (14-413-3A):
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
The proposed project enhances the appearance of the building from a pre-
engineered metal building with three separate additions and proposes to
consolidate the building into a cohesive coordinated design that closely
matches the current architecture of the surrounding residential neighborhood.
Upgrades to the facility will protect the property with wet fire sprinkler, buried
electrical service and will secure the existing swimming pool by creating a
single point of entry through the clubhouse where all entry is controlled
through a check -in desk. (current pool entry is from exterior gate that is
difficult to monitor by staff)
The proposed project addresses and solves ADA accessibility issues at all
entrances. The project also solves existing issues with egress from the dining
room by providing a second at -grade exit and improving egress routes for
ground floor exits and adding an additional exit.
2. The specific proposed exception will not be injurious to the use and enjoyment of
other property in the immediate vicinity and will not substantially diminish or
impair property values in the neighborhood.
The proposed project is intended to enhance the surrounding experience of
both the patrons and members of the facility and the neighbors of the Lodge.
The goal of the project is to bring the facility up -to the level of architecture,
landscaping and safety of the surrounding residential neighborhoods.
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.
Proposed changes will not impact current or future use of the surrounding
properties. Most, if not all, development is complete surrounding the property
in question.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
Adequate City services are provided to the property and with the expansion of
utilities to the area via the Peninsula Neighborhood development, those
Page 3 of 4
services will enable the property to be supplied by upgraded electrical and
water utilities.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
No increase in traffic flow to or from the property is expected. Adequate
"stacking" of vehicle traffic is allowed on the entrance road. No changes to the
site lines east or west of the property entrance are planned.
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.
We believe the proposed project does not modify the property in any way that
surrounding neighbors would even realize the project has taken place.
Furthermore, where the building modifications are visible from the pedestrian
city sidewalk, the new architecture of the remodel will be an improvement
over what is visible today. (Current kitchen freezer and cooler addition is
visible at the front northwest corner of the building) The proposed project will
relocate the cooler/freezer to the interior of the building.
The proposed improvements will also correct access to all entrances by
providing ADA accessibility to the property where current sidewalks and
entrances do not meet building codes.
7. The proposed exception will be consistent with the Comprehensive Plan of the
City, as amended.
The Elks Lodge #590, strives to provide a facility that is unique to the Iowa
City area and fills a niche unlike anything available in the community. All
improvements are meant to increase the safety of its members and any
visitors to the lodge. The design of the exterior had the surrounding
neighborhood in mind when addressing the shortcomings of the existing
facility.
Roraz
to ELKS LODGE 590 / "
[Inirl�ue]
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6 aim u616 rdo d 13-:
List of neighboring properties within 500' of Elks Lodge 590 - 637 Foster Rd.
Abraham, Jeffrey S. Sr. & David C.
1132 Swisher St
+1112, 1114, 1116, 1118, 1120, 1122,1124, 1126, 1128, 1130, 1132, 1134, 1136, 1138, 1140, 1142, 1144, 1146,
1148, 1150, 1152, 1154, 1156, 1158, 1160, 1162 & 1164
Abuhammound, Salahaldeen & Emtier, Banan
1207 Swisher St.
Isabell, Claire & Furlong, Sean
1127 Swisher St.
Sorenson Family Trust
12475wisher St.
Haker, Clark A. & Angela K.
1250 Swisher St.
Greater Iowa City Housing Fellowship
1267 Swisher St.
+ 1269
Sturtevant, John T. & Christina K.
127o Swisher St.
Zimmermann, Adam B. & Leah M.
1280 Swisher St.
Greater Iowa City Housing Fellowship
1187 Swisher St.
+ 1289
Diefenderfer, Chad E. & Mehgan L.
1290 Swisher St.
Sidhu, Sarvjeev Singh & Nur-Sidhu, Homa
1121 Foster Rd.
+ 1105, 1113, 1121, 1129, 1145, 1137, 1153, 1161, 1169, 1177, 1185 & 1193
Hendrickson, Andrea
1089 Fsoter Rd.
+ 1089-112
William D. Vincent Revocable Trust & Marie C. Kerbeshian Revocable Trust
1075 Foster Rd.
+ 1075-112
McCarville, Jacolyn Beth & Alan Joseph
1059 Foster Rd.
+1059-112
Miller, Theresa
1100 Foster Rd.
+ 1104, 1108, 1112, 1116, 1120, 1124, 1128, 1132, 1136, 1140, 1144, 1152, 1156, 1160, 1164, 1168, 1172, 1176,
1180, 1184, 1188, 1192 & 1196
Riepe, Patrick J. & Stefanie N.
1090 Foster Rd.
+1090-112
Townsend, Jessica Ann & Resch, Jon
1072 Foster Rd.
+1072-112
Kay, Alan R.
1054 Foster Rd.
+1054-112
Wilkes, Phillip S. & Lauren S.
1036 Foster Rd.
+1036-112
Carmichael, Emmett M-S
1018 Foster Rd.
+1018-112
Doster, Eric P
1000 Foster Rd
Wells, Susan K.
40 White Oak Pl.
Nelson, Gregory C. & Patricia A.
37 White Oak Pl.
Colbert, Michael W. & Amy E.
30 White Oak Pl.
Hedberg, Daniel T. & Heidy L.
25 White Oak Pl.
Swick, Brian
11 White Oak Pl.
Perry, George H Sr
12 White Oak PI
Macatee, John & Lyons, Jane
15 White Oak Pl.
Mcmullen, Mark F & Nancy L
5 White Oak PI
Grolmus, Mary Joann
872 Foster Rd.
+ 850, 852, 854, 856, 858, 860, 862, 864, 866, 868, 870, 872, 910, 912, 914, 916, 918, 920, 922, 924, 926, 928 &
930 Foster Rd
Mackinaw Village Homeowners Association Inc
969 Manitou Trl
Weitzel, Matthew R. & Schuettplez, Carrie Ann
896 Sugar Loaf Cir
Ankrum, James A. & Laura E
889 Sugar Loaf Cir
Kringlen, lames Gelner & Kandie
884 Sugar Loaf Cir
Martin, Christopher M. & Sellers, Kristin N
879 Sugar Loaf Cir
Warren P Bishop Revocable Trust & Gail A Bishop Revocable Trust
872 Sugar Loaf Cir
Blanchard, William J.
869 Sugar Loaf Cir
Ford, Jeffrey & Marshall, Lynette
864 Sugar Loaf Or
Richard L Weitzel Trust
861 Sugar Loaf Cir
Marple, Daniel E. & Zhang, Ke A.
856 Sugar Loaf Cir
Wade, Carlton M. Jr & Wade, Constance A Marietta
853 Sugar Loaf Cir
Gerard Patrick Clancy Md Revocable Living Trust
848 Sugar Loaf Cir
Edith Campo Trust & Forsythe, Peter Michael
831 Sugar Loaf Cir
Kruger, Julie A. & Davis, Heather A.
1827 Mackinaw Dr
Duffy, Susan
1813 Mackinaw Dr
Ball, Jamy F. & Beth M.
1801 Mackinaw Dr
Lavrenz, Jeffrey Thomas & Bodensteiner, Danielle Rae
1753 Mackinaw Dr
Noggle, Karen Mary
1735 Mackinaw Dr
Gutmann, Ludwig & Mary Wallis
1717 Mackinaw Dr
Baker, Kathryn M
1701 Mackinaw Dr
Field, Ruth & Jeff
1830 Mackinaw Dr.
Kaldenberg, Brian M. & Erica R.
1814 Mackinaw Dr.
Nelson, Jayne E.
1760 Mackinaw Dr.
Greazel, Nathan & Roxanne
1740 Mackinaw Dr
Poch, Joseph M
1720 Mackinaw Dr
Keune, Adam
1700 Mackinaw Dr
Beiler, Deborah & Dennis D.
702 Arch Rock Rd.
+706, 710, 714, 72Z 726, 730, 734, 74Z 746, 750, 754, 762 & 766
Caro, Gustavo G. & Maria Teresa
765 Arch Rock Rd.
+700,701, 704, 705, 708, 709, 71Z 713, 720, 721, 724, 725, 728, 729, 73Z 733, 740, 741, 744, 745, 748, 749, 75Z
756, 760, 761, 764 & 765
Mccormcik Square Llc
1864 Algonquin Rd
+ 1804, 1808,1812, 1816,1820, 1824, 4828, 1832, 1836, 1840,1844, 1848,1852,1856, 1860, & 1864
Becker, Jennifer L. Bernard J. & Katherine Elizabeth
1762 Algonquin Rd
+ 1702, 1706,1710, 1714,1718, 1712, 1726, 1730, 1734, 1738,1742, 1746, 17501754, 1758 & 1762
Jean YJew Revocable Trust & Joe, Shung Moo
580 & 590 Foster Rd
Cole, Eddie D. & Cole, Cheri D. + Rosenquist Alexander & Larissa
602 Foster Rd.
Hagan, Samantha R. & Wallace, Melissa K.
572 Foster Rd.
+ 562
SIF LLC
540 Foster Rd
+ 520, 522, 530, 532, 540, 550 & 552
Butler, Brandon L
1745 Louis PI
+ 1706, 1712,1714, 1715,1717, 1720, 1722, 1728, 1729, 1730,1731
Kirby, Martha C. & Robert F.
400 Foster Rd.
Davisson, Gary W. & Susan M.
305 Taft Speedway
City Of Iowa City
301 Taft Speedway
310 Taft Speedway
Next Level Real Estate LLC
600 Taft Speedway
Ioa City Elks Lodge BPOE 590 Property Description
Parcel: 1004426004
Section: 04
Township: 79
Rng: 6
IOWA CITY SECTION:4 RANGE:6 S 30A GOV LOT 6 EXC 1.5A & EXC THAT LAND CONVEYED TO CITY
OF IOWA CITY AS ROW IN BK 2590 PG 247 & INCL PART OF GOV LOT 7 LYING S OF FOSTER RD & W
OF AUDITOR'S PARCEL 2019136 AS DESC IN SURVEY BK 63, PG 342
November 9, 2022
Board of Adjustment Meeting
PRELIMINARY MEETING MINUTES
ITEM 5 ON THE AGENDA
July 18, 2022
Prepared by Staff
MINUTES
BOARD OF ADJUSTMENT
FORMAL MEETING
EMMA HARVAT HALL
JULY 18, 2022 — 5:15 PM
MEMBERS PRESENT
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
CALL TO ORDER:
PRELIMINARY
Nancy Carlson, Gene Chrischilles, Bryce Parker, Mark Russo
Sue Dulek, Kirk Lehmann
Chris Pose, Mike Pugh
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.
IN MEMORY OF AMY PRETORIUS:
Chrischilles made some remarks in remembrance of Amy Pretorius, a Board member who
recently passed. Speaking on behalf of the Board and associated city staff when remembering
and mourning the passing of Amy Pretorius, condolences go out to her surviving husband and
son. Amy always came to meetings prepared and presented her views with a smile on her face.
She served as a chairperson who always kept the meetings running efficiently and her opinions
were well thought out. She was an individual that wanted to give back to the community and
make it a better place. She was a solid part of this Board and will be missed by all.
SPECIAL EXCEPTION ITEM 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.
Chrischilles opened the public hearing.
Lehmann began the staff report noting the location of this proposed project is on a parcel in the
south area of the City, south of Lehman Avenue, east of Soccer Park Road and west of the
Sycamore Greenway. This parcel is larger than what the actual substation would as it would
only a portion of this parcel. Lehmann noted it's primarily agricultural land in the surrounding
areas and it is just north of the wastewater treatment plant. Lehmann stated there's not really
any development nearby, but there are some apartments north of Lehman Road approximately
800 feet away. This parcel is also within the area right next to the 1000-foot buffer of the water
treatment plant, and this is an area that the City is looking to retain as undeveloped to allow
future expansions of the wastewater treatment plant. As far as zoning, a portion of the area was
recently rezoned to Neighborhood Public, which is the P1 zone, but when the application was
submitted and staff prepared the initial staff report, it was still zoned Interim Development -
Board of Adjustment
July 18, 2022
Page 2 of 7
Multifamily Residential (ID-RM) but is no longer for the portion where the substation will be.
Adjacent zones are Neighborhood Public as well as some other Interim Development zones that
are residential, both single family and multifamily.
The purpose of this application is to establish an electrical substation for MidAmerican Energy
on about 3.9 acres. Again, Council just rezoned this property to Neighborhood Public zone on
July 12. There are currently eight other substations in Iowa City, the most recent was installed in
2020. Electric substations provide a necessary service and allow electrical usage for
surrounding areas, and they have to be close to those uses for which they provide power as
they draw from transmission lines and make that usable for the nearby development. The
applicant did not hold a good neighbor meeting as part of this application but did reach out to all
neighboring property owners as there aren't that many within 500 feet.
Lehmann next showed the site plan noting there is an access easement that would run along
the transmission lines that are currently running through the field south of Lehman Avenue. The
site itself is just outside of that 1000-foot buffer and it would connect directly into the
transmission lines. He pointed out the transmission line that runs along the west property line
and how the towers would connect into it, they're approximately 50 feet tall. The site plan also
shows landscaping all around and it includes many large trees, and there is fencing as well as
around the substation. Lehmann showed some pictures of the surrounding area noting east
along Lehman Avenue is currently not a developed road, so the applicant would need to extend
that road which was a condition of the rezoning. He showed a picture of the apartment complex
that's the closest development but noted it's relatively far from the substation itself.
The role of the Board tonight is to approve, approve with conditions or deny the application
based on the facts presented. To approve the special exception the Board must find that it
meets all approval criteria which includes both specific criteria tied to the special exception
requested and then also the general standards that apply to all special exceptions.
The specific standard is located at 14-4B-4D-1 b and is related to basic utility uses not enclosed
within a building. In P1 zones such uses are permitted by special exceptions. It states they must
be screened from the public view of adjacent residential zones to the S3 standard and must also
be compatible with surrounding structures and uses with regards to safety, size, height, scale,
location, and design. Regarding the screening for public view of adjacent residential zones,
again the property is more than 850 feet from the closest residential development, which is a
multifamily complex north of Lehman Avenue, and the surrounding area is largely undeveloped
and used for agriculture. Therefore, there aren't really any adjacent residential uses. In terms of
the characteristics of the substation itself, the site's approximately 210 by 257 feet and the
substations is set back more than 75 feet from all of the property lines. The tallest part of the
substation are the 50-foot-tall dead-end towers and shield masks and those are what tap into
the transmission lines to the west. In terms of elevation, the properties to the north, west and
south are higher than this, but the substation is at a higher elevation than the properties to the
east. The site plan shows an eight -foot -tall chain link fence with barbed wire around the use and
S3 high screening around the property. There's lots of plantings around it and at maturity all
plantings will be at least eight feet tall and there will be at least 61 trees over 40 feet in height. In
terms of compatibility with surrounding structures and uses, future uses in the area may include
residential development to the west, north and east. The area to the south the City is retaining
as undeveloped for the City's wastewater treatment plant buffer. It may also be developed as
residential if the City is unable to acquire that property. In terms of the proposed use, it's a
Board of Adjustment
July 18, 2022
Page 3 of 7
relatively large use, but the property is compatible with surrounding uses because it abuts those
existing transmission lines that run through the property. Also, it's adjacent to that wastewater
treatment plant buffer which make residential uses less desirable and there are some additional
elements that help mitigate the effects on surrounding properties which include S3 landscaping,
which staff recommends as a condition of approval. Also, the substation would be built prior to
adjacent development, so instead of placing it in an existing residential area where it might not
be expected, anyone who moves to this area would know that would be a condition of living
there in advance. Therefore, staff believes this specific criteria is met.
Lehmann next moved onto the seven general standards at 14-46-3A that apply to all special
exceptions. The first is it will not be detrimental to or endanger public health, safety, comfort or
general welfare. The use provides a critical piece of infrastructure that allows future
development in the area and provides the electricity. The site plan also shows the proposed use
surrounded with a barbed wire fence which prevents access to unauthorized persons and
mitigates potential safety issues that might arise from that. Additionally, there are other
substations in Iowa City that are all near a variety of uses (commercial and residential) including
the most recent substation built in 2020, so staff believes that criterion is met.
The second criterion is that it will not injure the use and enjoyment of properties in the
immediate vicinity. Again, this provides power for future residents and businesses, and it's
surrounded by undeveloped land with the nearest residential uses more than 800 feet away.
There is some sound associated with the substation, at approximately 35 to 41 decibels, which
is similar to the noise of a library, bird calls or ambient urban noise and there are setbacks and
screening that helped mitigate some of that impact at the property line. Regarding lighting for
the proposed use, it would typically be approximately 3864 lumens with an additional 30,000
lumens activated by approaching vehicles at nighttime. There is also more intense lighting that
may occur during emergency work of up to 400,000 lumens, but it would be relatively infrequent
so staff doesn't believe that would have a much impact on surrounding properties. And again,
installing the substation prior to development means that folks won't be surprised by it when
they moved to the area.
Third criterion is that it will not negatively impact development of surrounding property. Past
substations have demonstrated that residential development continues by electric substations.
The most recent one in 2020 just had townhomes that are being constructed close to it and it
hasn't seemed to have impacts on the construction. Again, the proposed use is set back from
adjacent property lines at least 75 feet and there are proposed landscaping improvements that
help mitigate visual impacts, so staff believes that this criterion is met.
The fourth criterion is related to adequate utilities, access roads, drainage and/or necessary
facilities. The access to the property will initially be from a temporary public access easement.
The easement will be released upon dedication of right-of-way as the surrounding area is
developed and final platted and at that time the property would have direct access to right-of-
way. In terms of electricity, obviously the substation provides the electricity. Stormwater
management would be addressed using an access easement across the adjacent property
towards the Sycamore Greenway, which acts as a stormwater detention facility and is a
condition of the rezoning that was recently approved. If for whatever reason that wouldn't be
possible, the rezoning condition allows for onsite detention, but that would need to be handled
at site plan approval and comply with all City stormwater management requirements, so staff
will ensure compliance with all of those applicable standards during site plan review.
Board of Adjustment
July 18, 2022
Page 4 of 7
In terms of ingress or egress to minimize congestion on public streets, the fifth criterion, the site
will be accessed from the temporary access easement and will have direct access to right-of-
way as the surrounding areas develop. Lehman Avenue does need to be improved to where
that temporary access easement is available, and the owner will extend the chip seal to the
access point. Following construction, the electrical substation isn't anticipated to provide a lot of
traffic because it wouldn't have onsite employees, there is just routine maintenance traffic so
staff doesn't anticipate any substantial impacts to traffic.
The sixth criterion is that it must meet all other applicable standards. Lehmann explained the
use meets dimensional and site development standards in P1 zones. Basic utility uses are
exempt from height standards, so that is not an issue. The site does contain some hydric soils
according to their sensitive areas plan that was submitted as part of the rezoning but there are
no wetlands or remnant prairies on the site. The applicant will have to make sure that their
construction abides by the City's sensitive areas ordinance and have landscaping that is
consistent with S3 screening as staff continues to recommend that be a condition of approval in
anticipation of future residential development. The property is also subject to low ambient
lighting standards which allows a maximum light output of approximately 200,000 lumens. In
normal conditions, total light output would be about 35,000 lumens. There are some
circumstances with emergency situations, which would be required for worker safety, where
total light output would temporarily be above that but because that's only temporary staff
believes that this standard is still met. Again, staff will ensure compliance with applicable
standards during site plan review.
The final criterion is the proposed exception must be consistent with Comprehensive Plan.
Lehmann noted the South District Plan future land use map designates the area as form -based
land uses which are based on transects. Transect 3 is the suburban transect and within the
area it is shown as neighborhood general which is a mix of lower intensity housing uses, such
as single family, duplexes, and some lower scale multifamily. Also in the area is Transact 4
which is general urban with neighborhood medium which is some higher intensity multifamily
uses. The Comprehensive Plan shows it as residential at 2-8 dwelling units per acre. Lehmann
noted this would provide essential utility uses which would serve this residential development so
that is consistent with these future land use designations. Also the Comprehensive Plan
supports coordination between private utilities and the City to provide high levels of service for
areas under development at an efficient cost. Lehmann stated there are also standards in the
Comprehensive Plan that talk about the need for contiguous development and to avoid leapfrog
development. While this is clearly not contiguous with adjacent development it is suitable for the
proposed use because it's directly adjacent to those existing transmission lines, which provides
lower cost services and still provides the high levels of service that staff wants to see. The site is
also directly adjacent to that 1000-foot wastewater treatment buffer so it is adjacent to other
similar uses. Staff and the applicant did look at trying to provide this use within that buffer but
due to the soils that are there, it was not possible.
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 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.
Chris Pose (317 Sixth Avenue, suite 300, Des Moines) is the attorney on behalf of MidAmerican
Board of Adjustment
July 18, 2022
Page 5 of 7
Energy Company and stated they would adopt and present the staffs report as support for their
application and ask for the Board's approval.
Carlson asked why they have two entrances, she drove around and looked at other substations
in town and most of them just have one entrance. This drawing shows two gates, meaning two
entrances. Pose replied they are only planning one entrance. The only place they're planning
on entering this site right now is the temporary access easement to the north. Eventually, as the
land to the north develops, there will be a public street system that will serve as an access point
and they will move the access to the point where the public street comes closest to the site.
Pose noted there are two gates for the substation itself, one just accessing to the west within
the land they own, but the access out to public road is only through one entrance. The two
gates are to accommodate the traffic of trucks that will come in to bring the equipment.
Mike Pugh (425 E Oakdale Blvd, Coralville, IA) is the attorney representing the landowner,
which is Lake Calvin Properties, LLC, and Sycamore Apartments which are affiliated entities.
He noted the same owners own the property to the north as well under a different Limited
Liability Company but suspects that by the time they sell the property to MidAmerican it'll be
under the same entity. The property owners are fully in support of the application, they've been
working for many months with MidAmerican to get this site to the point that works for them and
for his clients. They've been working hard with the City on the concept of the temporary access
easement that will go away at some point once the property to the north is subdivided. Pugh
would encourage the Board to adopt the staff's recommendation that the site be screened to S3
standards now though, even with the property not developed. They anticipate that someday it
will be residential uses around the property, so they support the staff's recommendation that the
site be screened to S3 standards.
Chrischilles closed the public hearing.
Carlson 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.
Russo seconded the motion.
Carlson noted she finds it nice that they are setting this up before construction begins in the
area. She did go look at some of the other substations and it was an interesting experience. She
is also very happy to see the recommendation for S3 screening because that will help the
surrounding area. She appreciates the fact that both the City and MidAmerican spent so much
time working on this.
Chrischilles agreed it's a good use of the land. Iowa City is going to continue to grow and
everybody needs electricity.
Carlson stated regarding agenda item EXC22-0005 she does concur with the findings set forth
in the staff report dated July 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 of Adjustment
July 18, 2022
Page 6 of 7
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 JUNE 8, 2022 MINUTES:
Chrischilles moved to approve the minutes of June 8, 2022, Parker seconded.
A vote was taken and the motion carried 4-0.
=I9L1NIT-A�I�KIIL`Lai 4614�k&S
Lehmann noted there would be no August meeting so the next meeting would be on September
14 assuming they will have an application. Chrischilles will not be present for the September 14
meeting if held. They may need to reschedule to get obtain a quorum if a new member isn't
appointed and determined that the third or fourth Wednesday in September would work. Staff
will follow up with a date for the next meeting
ADJOURNMENT:
Parker moved to adjourn this meeting, Chrischilles seconded, a vote was taken and all
approved.
Board of Adjustment
July 18, 2022
Page 7 of 7
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2022-2023
NAME
TERM
EXP.
7/18
CHRISCHILLES, GENE
12/31/2022
X
PARKER, BRYCE
12/31/2024
X
VACANCY
CARLSON, NANCY
12/31/2025
X
RUSSO, MARK
12/31/2021
X
Key: X = Present
O = Absent
O/E = Absent/Excused
— -- = Not a Member
The following documents were handed
out during the meeting.
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Agenda Item 4a: Special Exception CITY OF!°WnCiTY
EXC22-0006: An application submitted on behalf
of Iowa City Ready Mix Inc. to allow a heavy
manufacturing use in a General Industrial (1-1)
zone for a temporary concrete batch plant at 3 E.
Benton Street.
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An application submitted by Iowa City Ready Mix for a special exception
to allow the use of a temporary concrete batch plant for approximately
7.24 acres of property located at 3 E Benton Street.
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Background
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CITY of 1OWA Cfry
• Iowa City Ready Mix is requesting to establish a temporary concrete
batch plan at 11 W Benton St (i.e. western portion of 3 E Benton St)
• This portion of the property is in a General Industrial (1-1) zone, which
allows concrete batch plants (heavy manufacturing use) by special
exception
• This portion of the site is vacant but was formerly a batch plant
• The proposed use would run from 6 to 8 weeks beginning April 2023
and would include:
• A portable concrete batch plant mounted on a trailer with material silos;
• Stockpiles of rock and sand; and
• A portable office
• Mixer trucks will be loaded onsite and concrete will be mixed as the
trucks drive to job sites
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Role of the Board of Adjustment CITY OFIOWnCVIY
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
NDS
Specific Standards
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CITY of 1OWn Cfry
14-4B-4C-4: Heavy Manufacturing In CI-1
And 1-1 Zones:
Heavy manufacturing uses in the CI-1 and I-
1 zones are limited to concrete batch/mix
plants. Concrete batch/mix plants must meet
the following standards:
NDS
a. The proposed use must be located at least five hundred feet
(500') from any residentially zoned property
Findings:
• The subject property is just under 500' from a property zoned
Riverfront Crossings — Central Crossings (RFC-CX) with
residential units, but that zone is not classified as residential
• The actual equipment is more than 500' from the residential uses
• There are no residentially zoned properties within 500' of the
proposed use
b. All proposed outdoor storage and work areas must be
located and screened to adequately reduce the noise, dust, and
visual impact of the proposed use from surrounding properties.
Findings:
• The portable plant has a collector that will reduce dust impacts
• Most noise is due to loading the mixer; the loading point is 100'+
from Benton Street, use of construction equipment is subject to
the City's noise ordinance, and there are no nearby residential
uses, which helps reduce noise impacts
• Screening
• Existing trees (west/south) screen the use from the river and RFC Park
• Existing buildings to the east adequately screen the use from S. Clinton St
• The 40'+ setback and change in grade screens the use from Benton St.
The temporary nature will help to reduce impacts on nearby
properties - staff recommends a condition that the use terminate
180 days after March 1, 2023, unless extended by the Board (the
c. Traffic circulation and access points must be designed to
prevent hazards to adjacent streets or property.
Findings:
• The subject property is accessed from the signalized intersection
of S. Capitol Street and Benton Street which has adequate
capacity to accommodate traffic
• The site plan shows adequate space for circulation around the
proposed use
General Standards
14-413-3: Special Exception Review
Requirements.
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CITY of IOWn Cfry
1. The specific proposed exception will not be detrimental to or
endanger the public health, safety, comfort or general welfare
Findings:
• The use will be temporary, which minimizes its potential impacts
• The use is on a vacant lot accessed at a signalized intersection
which maintains safety and easily accommodates traffic
• The use is -40' from the sidewalk to the north, and material piles
are set back further, which minimizes conflicts with pedestrians
• The property contains the 100- and 500-year floodplains
• A floodplain permit is required (the applicant has already applied)
• Structures for human occupancy must be 1' above the 500-year floodplain
• In event of a flood, the equipment is portable with no crane needed, and
materials can be easily moved in loaders and dump trucks
NDS
1. The specific proposed exception will not be detrimental to or
endanger the public health, safety, comfort or general welfare,
continued...
Findings, continued:
• Mixers will be parked, and the concrete washed out, at the
existing plant (1854 S Riverside Dr), which will prevent concrete
washout on the subject property
• Staff recommends a condition that concrete not be washed out of
any equipment at the subject property
• A silt fence will prevent loss of outdoor materials and capture
runoff associated with rinsing dust off trucks
NDS
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 portable plant has a collector that will reduce dust impacts
• Staff does not anticipate significant impacts due to noise
• Screening
• Existing trees (west/south) screen the use from the river and RFC Park
• Existing buildings to the east adequately screen the use from S. Clinton St
• The 40'+ setback and change in grade screens the use from Benton St.
• Other uses on the property are compatible with the proposed use
• The proposed use will be temporary, so no effects on property
values are expected
FW NDS
3. Establishment of the specific proposed exception will not
impede the normal and orderly development and improvement
of the surrounding property for uses permitted in the district in
which such property is located
Findings:
• The proposed use will be established on a vacant lot, has a
relatively small footprint compared to the size of the site, and is
set back at least 40' from all property lines
• The surrounding area is developed with a mix of industrial,
commercial, and public uses
• The proposed use is more than 100' from adjacent properties
• The proposed use is temporary, so it is not expected to
significantly affect future improvement or redevelopment
NDS
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4. Adequate utilities, access roads, drainage and/or necessary
facilities have been or are being provided
Findings:
• The site has adequate access to most utilities, and connections
to utilities must be approved prior to construction
• Water service must be extended from the existing hydrant run,
and will need to be abandoned once the use has terminated
• Staff recommends a condition that the alignment for any new water service
connection and plans for properly abandoning the water service be approved
by the City Engineer as part of the site plan review process
• Roads, drives, and stormwater management will not change
• A silt fence will help avoid potential issues related to runoff, as
will the condition that concrete not be washed out on -site
• Compliance with the building code and related requirements will
be reviewed during the site plan and building permit processes
5. Adequate measures have been or will be taken to provide
ingress or egress designed to minimize traffic congestion on
public streets
Findings:
• The proposed use would be accessed from the signalized
intersection of S. Capitol Street and Benton Street which has
adequate capacity to accommodate traffic
• The site plan shows adequate space for circulation around the
proposed use
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:
• Equipment will be -55 feet tall, which is higher than the 45' max.
building height typically allowed in the zone
• Max. building height may increase by 1' foot for every 2' feet of add'I setback
• The equipment is set back to allow for —10' of additional building height
• The property contains the 100- and 500-year year floodplains
• A floodplain permit is required (the applicant has already applied)
• Structures for human occupancy must be 1' above the 500-year floodplain
• A sensitive areas development plan is required during site plan
showing a 50' natural buffer along the Iowa River floodway
• Staff will ensure all standards are met during site plan, floodplain,
and building permit review
NDS
7. The proposed exception will be consistent with the
Comprehensive Plan of the City, as amended
Findings:
• The Comprehensive Plan Future Land Use Map designates the
western portion of the subject property as public/private open
space and eastern portion as mixed use
• The useOne of the Plan's goals is to "Increase... the property tax base by
encouraging the retention and expansion of existing businesses...."
• is being established to allow the expansion of Iowa City Ready Mix's
primary location on S. Riverside Drive
• The Downtown/RFC Master Plan shows the subject property as a
redevelopment site with open space and residential buildings
• The use is allowed under current zoning and its temporary nature
will allow redevelopment of the site in the future
• The proposed exception is consistent with City Plans
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Staff Recommendation CITY OFlOWnCVIY
Staff recommends approval of EXC22-0006, to allow a
heavy manufacturing use within a General Industrial (1-1)
zone for the property located at 3 E. Benton Street,
subject to the following conditions:
1. The use must terminate after a period of time, not to exceed 180
calendar days after March 1, 2023, unless otherwise extended
upon a vote by the Board of Adjustment. For the use to be
considered terminated, all utility services must be properly
abandoned, as determined by the City Engineer.
2. Concrete shall not be washed out of any equipment at the subject
property.
3. The alignment for any new water service connection, along with a
plan for properly abandoning the water service after the use is
removed, shall be approved by the City Engineer prior to site plan
a roval.
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Agenda Item 4b: Special Exception CITY OF!°WnCiTY
EXC22-0007: An application submitted on behalf
of Iowa City Elks Lodge 590 to build an addition on
the clubhouse which is accessory to a parks and
open space use at 637 Foster Road.
Background
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CITY of 1OWn Cfry
• The Elks Lodge (i.e. Iowa City Lodge 590 BPOE), is requesting to
build a 1,654 sf addition to their clubhouse at 637 Foster Road
• The 30.7-acre property south of Foster Road is zoned Interim
Development Single -Family Residential (ID-RS)
• The clubhouse is an accessory use to the golf course, which is
classified as "parks and open space"
• Parks and open space uses can have accessory buildings devoted to
active recreational uses, including clubhouses, by special exception
• This special exception is required because the addition to the
clubhouse is more than 500 sf
• The addition will be located on the west and south portions of the
existing clubhouse
NDS
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Role of the Board of Adjustment CITY OFIOWnCVIY
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
NDS
Specific Standards
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CITY of IOWn Cfry
14-4C-2C-3: Uses, buildings and structures
devoted to active recreational activities,
such as clubhouses... within private, shared
open space, are permitted by special
exception...
a. The proposed use is properly located to provide adequate
separation between properties and between uses within the
parks and open space area...
Findings:
• The existing structure and proposed addition are set back more
than 370' from the north property line
• This provides more than adequate separation between uses
b. The proposed use is consistent with the intended character
of the specific parks and open space area.
Findings:
• The existing clubhouse was constructed to serve the golf course
in 1972
• The proposed addition will retain the current clubhouse uses with
locker rooms and a dining room with a bar area
c. The location or operation of the proposed use will not
compromise any designated environmental conservation areas
adjacent to or within the parks and open space area.
Findings:
• The expansion of the clubhouse will occur in areas that have
been graded and/or paved, so no impacts to environmental
conservation areas are expected
• The subject property is on a parcel that contains the 100- and
500-year floodplains, so a floodplain permit is required
• The clubhouse is well above flood elevation
• A sensitive areas development plan is required as part of the site
plan due to the property abutting the river, but the clubhouse is
more than 700' from the river
• No environmental impacts are anticipated
NDS
d. The transportation system is capable of safely supporting
the proposed use in addition to the existing uses in the area.
Evaluation factors include street capacity and level of service,
access requirements, on street parking impacts, neighborhood
.iWnacts. and pedestrian safetv.
Findings:
• The proposed addition will increase the occupancy of the
clubhouse to 351
• Access to the site will not change, but the parking lot is being
improved as part of the project, which should help better guide
traffic through the site
• No impacts to on -street parking are expected because the
proposed addition is set back so far from Foster Road and
parking is not allowed on Foster Road
• The addition is relatively minor, so no significant impacts to traffic
are anticipated
NDS
e. Adequate public services are available or will be made
available to serve the proposed use.
Findings:
• This is an addition to an existing use of a private clubhouse for
the private golf course
• Water service will be upgraded to support a fire suppression
sprinkler system
• Electrical service will be buried as part of the project
NDS
f. The proposed use will not have significant adverse impacts
on the livability of nearby residential properties due to noise,
glare from lights, late night operations, odors, and litter.
Findings:
• The clubhouse is set back about 370'+ to the north property line
• The proposed addition is to the west and south of the existing
building, so no additional impacts are expected to surrounding
properties
g. The building official may grant approval for the following
minor modifications ... A building addition of less than five
hundred (500) square feet, provided the addition does not
increase the occupancy load of the building.
Findings:
• The proposed addition is 1,654 square feet, so a special
exception is required
General Standards
14-413-3: Special Exception Review
Requirements.
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CITY of IOWn Cfry
1. The specific proposed exception will not be detrimental to or
endanger the public health, safety, comfort or general welfare
Findings:
• The addition will not affect the use or significantly impact the
intensity of the use
• Access to the property will not be modified, and no major impacts
to traffic generation are expected
• The project includes expanding water service to allow the
installation of a sprinkler system and burying electrical lines
which will improve public safety and the appearance of the area
• Access to the pool will be rerouted through the clubhouse which
will ensure entry is monitored
• The project will address ADA accessibility issues at all entrances
NDS
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 clubhouse is set back over 370' to the nearest adjacent
properties to the north
• The proposed addition is located to the west and south, so no
additional impacts are expected to surrounding properties
• The proposed addition will retain the clubhouse's current use and
is relatively small, so compatibility with adjacent uses will not be
affected
• The project will improve the aesthetics of the clubhouse and
electrical service
VOM NDS
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3. Establishment of the specific proposed exception will not
impede the normal and orderly development and improvement
of the surrounding property for uses permitted in the district in
which such property is located
Findings:
• The surrounding neighborhood is already fully developed with a
mix of residential, parks, and open space uses
• The proposed additions are set back far enough from property
lines to not affect the development or improvement of
surrounding properties
4. Adequate utilities, access roads, drainage and/or necessary
facilities have been or are being provided
Findings:
• The proposed addition is to an existing clubhouse, so all access
roads, drainage and necessary facilities are established for this
neighborhood
• Water service will be expanded to the addition to allow the
installation of a sprinkler system, and electrical lines that are
currently overhead will be buried
• Staff will ensure all standards are met through the site plan and
building permitting process
5. Adequate measures have been or will be taken to provide
ingress or egress designed to minimize traffic congestion on
public streets
Findings:
• The property is accessed from a drive on Foster Road
• No changes are being proposed to the existing driveway,
sidewalk, or street
• Proposed parking lot improvements will help better guide traffic
through the site
6. Except for the specific regulations and standards applicable
to the exception being considered, the specific proposed
exception, in all other respects, conforms to the applicable
regulations or standards of the zone in which it is to be located
Findings:
• The proposed addition conforms with all dimensional and site
development standards for ID-RS zones
• The subject property abuts the Iowa River and contains the 100-
and 500-year floodplains, so a floodplain permit and sensitive
areas development plan are required
• For parks and open space that include a golf course, 3 parking
spaces are required for each green (hole).
• The proposed onsite parking will provide 85 parking spaces
• This is well above the minimum required (27)
• Staff will ensure all standards are met through the site plan
(including sensitive areas development plan), floodplain, and
building permitting processes
7. The proposed exception will be consistent with the
Comprehensive Plan of the City, as amended
Findings:
• The Future Land Use Maps of the Comprehensive Plan and
North District Plan both designate this area for Public/Private
Open Space
• The current land use of this property is consistent with the
Comprehensive and District Plans and will not change because
of the proposed special exception
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Staff Recommendation CITY OFlOWnCVIY
Staff recommends approval of EXC22-0007, to allow a
1,654 square foot addition to the Elks Lodge clubhouse
within a parks and open space use zoned Interim
Development Single -Family Residential (I D-RS) at 637
Foster Road.