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Home My WebLink About2023 BOA Decisions March 8, 2023 Prepared by:Kirk Lehmann,Associate Planner,410 E.Washington, Iowa City,IA 52240;319-356-523b C DECISION �I`a 15: IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MARCH 8, 2023 EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Nancy Carlson, Bryce Parker, Mark Russo, Paula Swygard MEMBERS ABSENT: None STAFF PRESENT: Jessica Bristow, Sue Dulek, Kirk Lehmann, Nathan Peters [legal representation for the Board during the appeal] OTHERS PRESENT: James Phelps, Thomas Scesniak, Kristie Doser, Rob Decker APPEAL ITEMS: 1. APL23-0001: A public hearing regarding an appeal submitted by the Chi Omega Sorority House to overturn a decision of the Historic Preservation Commission denying a Certificate of Appropriateness in a Conservation Overlay (OCD) zone for window replacement at 804 Iowa Avenue, alleging that the decision did not reasonably consider all the facts in the past history of improvements to the building. The Board concludes that the Historic Preservation Commission exercised its powers and followed the guidelines established according to Title 14 Zoning Code, and that its action was not patently arbitrary or capricious based on the following findings: • The appellant did not provide documentation of the windows' deterioration which might allow their replacement rather than repair under current regulations. • The Historic Preservation Commission and City staff thoroughly evaluated the windows according to the historic preservation guidelines. • Other windows on the front fagade that had previously been replaced were completed prior to the establishment of the Conservation Overlay District in 2003, and therefore their replacement does not set any precedent for windows that would be replaced after the District was established. • The Historic Preservation Commission made their decision in a manner consistent with relevant law, taking into account the specific facts of the case. DISPOSITON: By a vote of 0-5, the Board denied the appeal that the decision by the Historic Preservation Commission regarding denial of a Certificate of Appropriateness in a Conservation Overlay (OCD) zone for window replacement at 804 Iowa Avenue did not reasonably consider all the facts in the past history of improvements to the building. The motion was made to grant the appeal. The vote was 0 in favor and 5 opposed. The motion failed. The appeal was denied. The decision of the Historic Preservation Commission stands. SPECIAL EXCEPTION ITEMS: Fee- Doc -eeDoc ID: 032051180010 Type: GEN Kind: DECISION Recorded: 03/21/2023 at 10:29:09 AM Fee Amt: $52.00 Paqe 1 of 10 Johnson County Iowa Kim Painter County Recorder BK6464 PG784-793 . , 1 ApUb|ic h88hOg regarding 8special exception 8po|iC8tkoO by JAM - UnVest�:enbSof |OVV8C�tvU] 8UOvv8D8xvdhve- hrOughfa�[h«associated vVith8D88bng establishment inaConnnnunitv ��onnrnannio| ([� -�\ �nn� ot1Q2G �eo�u� ��n3et ^ ` ' 7r73 /"XR, 20 The Board concludes that the following specific standard found at 14-4C-2K-3a will.be met. Access and CircU|ati8A� The transportation, system should be capable of safe|y � th� �r�� r�V� ��W�� W�� \o ��diti0� 1�th8 �xi8t|�� V�� 1� [h� �r��. ��V��U ' 't � factors include street capacity and level of service, effects on traffic oircu|aU0n, access naqu|rernents, separation of curb outm, and pedestrian safety in addition to the following criteria. This is based on the following findings for each sub-criterion: (1) Wherever possible and practical, drive-through lanes shall be accessed from secondary ntraeta, a||aye, or shared cross access drives. If the applicant can demonstrate that access from a secondary street, alley, or shared cross access drive is not poGsib|a, the board may grant access to a primary street, but may impose conditions such on limiting the width of the Curb Cut and drive, limiting the number of|anee, requiring the drive-through bays and stacking lanes to be enclosed within the building envelope, and similar conditions. * As port of the PeppenmoVd Plaza tract, the subject property connects to Keokuk Street to the vvest. Highway 0E to the north. and Broadway Street to the east through shared private drives. * The proposed drive-through facility is accessed through an onsite parking aisle from ashared private drive and cannot bedirectly accessed from astreet. (2) To provide for safe pedestrian movement, the number and width of curb cuts serving the use may belimited. Aproposal for anew curb cut onany street iosubject to the standards and restrictions inchapter 5. article C' "Access Management Gtondando". of this title. 0 h|ochanges tocurb cuts 0npublic streets are proposed a8part 0fthe project. (3) Anadequate number Cf stacking spaces must beprovided kJensure traffic safety ia not compromised. A nnininnurn of six /6\ stacking spaces is nyoornnnend8d for drive- through facilities associated with eating establishments and a minimum of four(4) stacking spaces for banking, phornnooieo, and similar nonfood related drive-through facilities. "Stacking spaces" shall be defined as being twenty feet (20') in length and the width of a one lane, one-way drive. The board may reduce the recommended number of stacking spaces ifthe applicant can demonstrate that the specific business has unique characteristics such that the recommended number of parking spaces is excessive (i.e., odrive- through that iatobeused for pick uponly and not mrdering). • The site plan ahoxva 2 order lanes that converge into a single pick-up lane with a bypass lane that allows vehicles tOleave ifneeded. • The pick-up lane has 7stacking spaces which exceeds the requirement. • The parking aisle leading tothe drive-through has adequate space to accommodate spillover traffic and minimize traffic safety impacts. (4) Sufficient on site signage and pavement markings shall be provided�td Ind ' direction of vehicular travel, pedestrian crossings, stop signs, no entran6aria ,and other controls to ensure safe vehicular and pedestrian movement. • The site plan indicates directional arrows in the drive-through and parking areas and a 'do not enter sign' at the drive-through exit. • The pedestrian route through the subject property is demarcated,wftfi-d*ed cdr crete where it crosses the parking aisle. The Board concludes that the following specific standard found at 14-4C-2K-3b will be met regarding Location. This is based on the following findings for each sub-criterion: (1) In the CB-2 zone and in all subdistricts of the riverfront crossings district located east of the Iowa River, drive-through lanes and service windows must be located on a nonstreet-facing facade. In all other locations where drive-throughs are allowed, this location standard must be met, unless the applicant can demonstrate that a street-facing location is preferable for the overall safety and efficiency of the site, does not conflict with adjacent uses or pedestrian access, and does not compromise the character of the streetscape or neighborhood in which it is located. • The proposed drive-through will not be located on a nonstreet-facing fagade. • The proposed drive-through replaces an existing non-conforming drive-through on the Keokuk Street-facing fagade of the building. • The proposed drive-through does not affect pedestrian access and is set back 10 feet from Keokuk Street which allows new screening on the property. • The site plan shows several new street trees which help to provide consistency with typical commercial streetscapes. • The proposed drive-through is consistent with adjacent commercial uses and does not substantially change the character of the area. • Screening between the drive-through and Keokuk Street will help minimize impacts on surrounding development and the pedestrian environment. (2) Drive-through lanes must be set back at least ten feet (10')from adjacent lot lines and public rights of way and screened from view according to the design standards below. • The proposed drive-through is set back 10 feet from Keokuk Street with screening as discussed below. The Board concludes that the following specific standard found at 14-4C-2K-3c will be met. Design Standards: The number of drive-through lanes, stacking spaces, and paved area necessary for the drive-through facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located. The board of adjustment may increase or reduce these standards according to the circumstances affecting the site. This is based on the following findings for each sub-criterion: (1) To promote compatibility with surrounding development, the number of drive-through lanes should be limited such that the amount of paving and stacking space does not ^ ~��. ~_ diminish the design qua|�vofthe o�aet uope or the safety v/ u/� bediestiriJn environment. � r �H . p The site plan shows two drive-through lanes that �� -foot pick-up lane and 12-foot bypass lane along the west edge of property,, * The subject property is in an auto-oriented COmrOerci8| * The proposed drive-through would replace 8Oexisting mmM-co'nformingdhm9-thPDUgh that iacloser tothe property line and provides less screening. � Screening between the drive-through and Keokuk Street will help minimize impacts Onsurrounding development and the pedestrian environment. (2) Drive-through lanes, bays, and stacking spaces shall be screened from views from the street and adjacent properties to the 82 standard. If the drive-through is located adjacent to a residential use or property zoned residential, it must be screened from view ofthese properties tmatleast the S3standard. Topreserve the pedestrian oriented character ofstreets in the CB-2 zone and the riverfront crossings di8triCt, the board may require the drive-through to be incorporated within the building or be screened with masonry street walls and landscaping. Street walls shall beaminimum mffive feet (6) in height and shall badesigned to complement the principal building onthe site. * The proposed drive-through facility is screened from Keokuk Street to the S2 standard, and the subject property and adjacent properties are part 0fthe PeppenwoodPlaza tract. • The property is not adjacent to residential uses or property zoned residential. /3\ Multiple windows servicing o single stacking lane (e.g.. order board, payment window, pick up window) should be considered to reduce the amount ofidling on the site. � Two kiosks for ordering and a single window for payment and pick-up are proposed for the driwe-thnough. (4) Stacking spaces, driveways, and drive-through windows shall be located to minimize potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding landscape and streetscape design of the neighborhood in which it is located. � No new vehicular and pedestrian conflicts are created by the proposed facility. � There may be potential conflicts between vehicles exiting the drive-through lane and vehicles utilizing shared drives, but there iaadequate room tomaneuver, traffic speeds are slow, traffic volumes are |ovv, and visibility iGgood. � The proposed drive-through replaces an existing drive-through in a commercial area, and landscaping elements ensure it is integrated into the surrounding streetscape design ofthe area. (5) Lighting for the drive-through facility must comply with the outdoor lighting standards set forth in chapter 5, article G of this title and must be designed to prevent light tnanpaea and g|8na onto neighboring residential properties. Staff will ensure lighting meets the City standards to prevent light trespass and glare onto neighboring properties during site plan review. (6) (Repealed.) (7) Loudspeakers or intercom systems, if allowed, should be located and directed to minimize disturbance to adjacent uses. Special consideration should be given to locations adjacent to residential uses to ensure such systems do not diminish the residential character of the neighborhood. • The two kiosks for ordering are oriented north, which means they do not face towards the adjacent right-of-way. • The property is not adjacent to residential uses. The Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare based on the following findings: • The proposed drive-through replaces an existing nonconforming drive-through facility with a new conforming drive-through facility. • The proposed eating establishment is smaller than the previous establishment, which suggests vehicular traffic should not substantially exceed previous levels. • Vehicular circulation and access are adequate to accommodate drive-through traffic. • No new vehicular and pedestrian conflicts are created by the proposed facility. • There may be potential conflicts between vehicles exiting the drive-through lane and vehicles utilizing shared drives, but there is adequate room to maneuver, traffic speeds are slow, traffic volumes are low, and visibility is good. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: • The property is in a commercial area and is complimentary to surrounding uses. • Screening and new street trees help mitigate impacts to the neighborhood. The Board concludes that establishment of the specific proposed exception will not mpede the normal and orderly development and improvement of the surrounding prgfperty o uses permitted in the district in which such property is located based on the following fin i6gs: • The surrounding area is fully developed with commercial uses. • Future redevelopment and improvement of adjacent properties will not be,6ffected. -r The Board concludes that adequate utilities, access roads, drainage and/or necessyry facilities have been or are being provided based on the following findings: P'J • Sufficient utilities, access roads, and most necessary facilities are established for this area and can meet the proposed site requirements. 0 The project expands green space and landscaping which reduces stormwater runoff. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • There is adequate space for stacking vehicles in the drive-through lanes. • The proposed drive-through lanes are accessed from and exit to shared drives. • There may be potential conflicts between vehicles exiting the drive-through lane and vehicles utilizing shared drives, but there is adequate room to maneuver, traffic speeds are slow, traffic volumes are low, and visibility is good. • Signage and pavement markings will help efficiently direct vehicles through the site. • The site plan as proposed is not expected to negatively impact ingress or egress on public streets, nor substantially affect traffic congestion. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located based on the following findings: • All non-conforming development on the property must be brought into compliance with current zoning standards because the grandfathered use is being demolished. • The site plan shows 17 parking spaces and 6 bicycle parking spaces, which meets minimum parking requirements. • The site plan brings several aspects of the subject property into compliance with current zoning standards, including removal of parking spaces located on a drive, replacement of a non-conforming drive-through, and the addition of appropriate screening. • Staff will ensure the proposed development conforms with all applicable zoning standards and regulations during the subsequent site plan review. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • Future Land Use Maps designate the subject property as General Commercial in the Comprehensive Plan and Commercial in the South District Plan. • The Comprehensive Plan supports encouraging "new business development in existing core or neighborhood commercial areas". • The proposed use of this property is consistent with Comprehensive and District Plans. DISPOSITION: By a vote of 5-0, the Board approved EXC23-0001, to allow an accessory drive-through facility in a Community Commercial (CC-2)zone for the property located at 1926 Keokuk Street. 2. EXC23-0002: A public hearing regarding, a special exception application submitted-by the Domestic Violence Intervention Program to allow a Community Service— Shelter ui e in arl, Intensive Commercial (CI-1) zone for a new emergency smelter at 612 Olympic Cert, The Board concludes that the following specific standard found at 14-413-4wff 'be met regarding Maximum Density. This is based on the following findings for ea_c -swb-c iteri R` (1) In the RM-12 and MU zones: Seven hundred fifty(750) square feet of lot area per permanent resident and two hundred (200) square feet of lot area per temporary resident. • The property is not in an RM-12 or MU zone, so this criterion does not apply. (2) In the RM-20, RNS-20, and CO-1 zones: Five hundred fifty (550) square feet of lot area per permanent resident and two hundred (200) square feet of lot area per temporary resident. The property is not in an RM-20, RNS-20, or CO-1 zone, so this criterion does not apply. (3) In the RM-44, PRM, CI-1, CC-2, and CB-2 zones: A minimum of three hundred (300) square feet of lot area per permanent resident and two hundred (200) square feet of lot area per temporary resident is required. • The property is 30,535 square feet and is zoned Intensive Commercial (CI-1). • The subject property could accommodate 101 permanent residents or 152 temporary residents. • The proposed use includes 46 beds which would accommodate approximately 70 temporary residents. The Board concludes that the following specific approval criterion is met: Nuisance Issues: The proposed use will not have significant adverse effects on the livability of nearby residential or commercial uses due to loitering, noise, glare from lights, late night operations, odors, outdoor storage, and litter. The applicant must submit a site plan and a shelter management plan that address these issues. The management plan must include a litter control plan, a loitering control plan, a plan for on site security, and a conflict resolution procedure to resolve nuisance issues if they occur. The site plan and shelter management plan must be submitted along with the application for a special exception, or if allowed as a provisional use, such plan must be included with the materials submitted for site plan review. This is based on the following findings: • The applicant submitted a site plan and shelter management plan as part of its special exception application. Compliance with the submitted management plan will be a condition of approval, with the ability for staff to approve minor amendments as needed. • A full-time maintenance coordinator will clean and maintain the proposed use's exterior, including addressing litter and waste removal to prevent odors. • Shelter residents will likely remain on shelter grounds due to the nature of their circumstances, and they will remain within designated, fenced outdoor areas if they are outside. Unwelcomed individuals will be promptly requiredto leave. ry • Exterior lighting is primarily intended to assist identifying unwelcomed ihidivida I , so most lighting will motion-activated. Exterior lighting must meet standards far tl Intensive Commercial (CI-1) zone. • The shelter is open 24 hours daily with quiet time from 10 pm to 7 am, which will help minimize noise and late-night impacts. • The property is in a commercial area, so exterior lights and noise are anticipated to have less impact than they would in a residential area. • Outdoor storage will not be allowed at the subject property per the shelter management plan, and the dumpster must be screened to City standards. • The proposed use will be continually staffed by certified victim advocates who are trained in CPR/First Aid, facility security, first shooter response, conflict resolution, and de-escalation to ensure safety and resolve issues that may arise. • The building includes an alarm system, secure entries, motion-activated lighting, and a video camera system to facilitate the safety of shelter residents and staff. • Shelter residents will be required to leave in the event of disregard for shelter rules, including threats or use of violence. The Board concludes that the following specific standard found at 14-4B-4D-5c will be met regarding Site Development Standards. This is based on the following findings for each sub- criterion: (1) If the proposed use is located in a residential zone or in the central planning district, it must comply with the multi-family site development standards as set forth in section 14- 2E-6 of this title. • The property is not in a residential zone or in the Central Planning District, so this criterion does not apply. (2) In the CB-5 and CB-10 zones, community service/shelter uses must be located above the street level floor of a building. • The property is not in a CB-5 or CB-10 zone, so this criterion does not apply. (3) The proposed facility must comply with the minimum standards as specified in the Iowa City housing code, as amended. • The proposed use requires a rental permit to be reviewed annually by the C,3 • Staff will ensure the proposed use meets all housing code standards when "rental permit is issued and upon future renewals of the rental permit. The Board concludes that the specific proposed exception will not be detri6i,6qt l tb= r endanger the public health, safety, comfort or general welfare based on th6 f6lloawip9 findings. .,. • The Domestic Violence Intervention Program, a nonprofit with extensiveexperience providing emergency shelter, will operate the proposed use. • The management plan will help minimize impacts to surrounding properties related to loitering, noise, glare, late night operations, odors, outdoor storage, and litter. • The proposed use will employ a full-time maintenance coordinator and the site will be continually staffed to ensure a safe, clean, and orderly environment. • The proposed use compliments nearby uses, including the existing adjacent shelter. • The proposed use provides a necessary service for at-risk residents of the community. The Board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood based on the following findings: • The adjacent property has contained a shelter use for nearly 30 years, and adjacent lots have continued to be occupied. • The proposed ruse is of a similar scale to nearby buildings. • The management plan will help,minimize impacts to surrounding properties. The Board concludes that establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located based on the following findings: • The area is fully developed with a mix of commercial and institutional uses, including a shelter for 35 survivors of domestic violence to the west. • Setbacks are adequate to physically prevent the ability of'surrounding properties to be developed or improved. • It is expected that shelter residents will remain on shelter grounds due to the nature of their circumstances and will typically be active after business hours: The Board concludes that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided based on the following findings: • Sufficient utilities, roads, and necessary facilities are established for this area and can meet the needs of the proposed use. • Transit access is available less than 500 feet from the proposed use. • The project reduces pavement on the site and restores open space for residents which will reduce stormwater runoff. The Board concludes that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets based on the following findings: • The proposed use has vehicular and pedestrian access from Olympic Court which has capacity to accommodate additional traffic, in addition to access to transit nearby. • On-street parking is only available on the south side of Olympic-Court. • The site plan indicates adequate parking spaces for the use and underlying zone. • The proposed use is not expected to substantially affect access on public streets or traffic congestion. The Board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located Vgsed on the following-findings: • The site plan shows 15 parking spaces and 4 bicycle parking spaces,.,.which ets r minimum parking requirements. • The site plan brings several aspects of the subject property into comply in e With cur nt zoning standards, including screening and the addition of 2 street trees: , " Staff will ensure the proposed use complies all applicable zoning standards and regulations during site plan and building permit review. The Board concludes that the exception is consistent with the Comprehensive Plan of the City, as amended, based on the following findings: • Future Land Use Maps show the subject property as Intensive Commercial in the Comprehensive Plan and Commercial in the South District Plan. • The Comprehensive Plan's vision supports compatible infill development. • The Zoning Code indicates this use may be compatible in the CI-1 zone. • The South District Plan specifies that there is an opportunity in commercial areas to "explore the potential for mixed use[,]-residential or institutional uses" as long as it "contributes to the overall health of the surrounding neighborhood". • The proposed use of this property is consistent with Comprehensive and District Plans. DISPOSITON: By a vote of 4-0 (Russo recused), the Board approved EXC23-0002, to allow a community service— shelter use for the property located at 612 Olympic Court, subject to the following condition: ,, 1, Compliance with the submitted management plan dated January 23, 2023. Staff may approve minor amendments to the plan. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the application shall have taken action within such time period to establish the use or construct th` improvement authorized under the terms of the Board's decision. City Cod ;-Section_,14-8C- 1 E, City of Iowa City, Iowa. Approved b`: 3 ; . Nancy Carl on, Chairperson City Attorneys Office STATE OF IOWA JOHNSON COUNTY I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 8t" day of March, 2023 as the same appears of record in my Office. L Dated at Iowa City, this day of 01Grc � 20 Kellie K. Fruehlin , Cit�berk 9 y Wend M"Namilaer From: Wendy Mayer Sent: Monday, March 27, 2023 11:22 AM To: Rebecca Passavant; Kirk Lehmann; Cynthia Marx Subject: BOA Decision March 8, 2023 Attachments: Board of Adjustment decision.pdf Tracking: Recipient Read Rebecca Passavant Read:3/27/2023 12:05 PM Kirk Lehmann Cynthia Marx Read:3/27/2023 12:23 PM A UNESCO CITY OF LITERATURE License Specialist W .1CG0V,0RG; (she/her/hers) _-. .I, pe 319-356-5042 0 00 410 E Washington St Iowa City, IA 52240 What youu do rn'na cs a.(flMxcnce, you'have to&6 de,What ka nd of(fiffen.,mcc you are going to nnua ke! ➢aanac,Gaaoda fl 1