HomeMy WebLinkAbout2023 BOA Decision April 12, 2023 a �e�
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Doc ID: 032070980015 Type: GEN
Prepared by: Kirk Lehmann,Associate Planner,410 E.Washington, Iowa City, IA 52240;319-356-52 Kind: DECISION
30 Recorded: 04/25/2023 at 10:24:44 AM
Fee Amt: $77.00 Paqe 1 of 15
DECISION Johnson County Iowa
IOWA CITY BOARD OF ADJUSTMENT Kim Painter
county Recorder
WEDNESDAY, APRIL 12, 2023 BK6473 PG540-554
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Larry Baker, Nancy Carlson, Bryce Parker, Mark Russo, Paula Swygard
MEMBERS ABSENT: None
STAFF PRESENT: Sue Dulek, Kirk Lehmann
OTHERS PRESENT: Mark Holtkamp, Brian Boelk
SPECIAL EXCEPTION ITEMS:
1. EXC23-0003: A public hearing regarding a special exception application by Mark Holtkamp
(A Latte Buzzness) requesting a special exception to allow a drive-through facility
associated with an eating establishment in a Community Commercial (CC-2) zone for
property south of N. Dodge Street and west of N. Scott Boulevard.
The Board concludes that the following specific standard found at 14-4C-2K-3a will be met.
Access and Circulation: The transportation system should be capable of safely supporting
the proposed drive-through use in addition to the existing uses in the area. Evaluation
factors include street capacity and level of service, effects on traffic circulation, access
requirements, separation of curb cuts, 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 streets, alleys, or shared cross access drives. If the applicant can
demonstrate that access from a secondary street, alley, or shared cross access drive is
not possible, the board may grant access to a primary street, but may impose conditions
such as limiting the width of the curb cut and drive, limiting the number of lanes,
requiring the drive-through bays and stacking lanes to be enclosed within the building
envelope, and similar conditions.
• The proposed drive-through associated with the coffee shop would be accessed from
a shared drive and not directly off N. Scott Boulevard.
• Access off N. Dodge Street is not allowed as a condition of the rezoning on March
21, 2023 in REZ22-0016.
(2) To provide for safe pedestrian movement, the number and width of curb cuts serving
the use may be limited. A proposal for a new curb cut on any street is subject to the
standards and restrictions in chapter 5, article C, "Access Management Standards", of
this title.
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• Access to the proposed commercial lots would be from a single curb cut 61'N. Scott
Boulevard that is aligned with N. Dubuque Road.
• The curb cut to access the subject property along N. Scott Boulevard will maintain
safe pedestrian movement in the same manner as the east side of N. Scott
Boulevard where the street is intersected by N. Dubuque Road.
• Staff will ensure all relevant standards are met during final plat and site plan review.
(3) An adequate number of stacking spaces must be provided to ensure traffic safety is
not compromised. A minimum of six (6) stacking spaces is recommended for drive-
through facilities associated with eating establishments and a minimum of four (4)
stacking spaces for banking, pharmacies, and similar nonfood related drive-through
facilities. "Stacking spaces" shall be defined as being twenty feet (20') in length and the
width of a one lane, one-way drive. The board may reduce the recommended number of
stacking spaces if the applicant can demonstrate that the specific business has unique
characteristics such that the recommended number of parking spaces is excessive (i.e.,
a drive-through that is to be used for pick up only and not ordering).
• The site plan shows a single drive-through lane that passes by the order board and
pick-up window, in addition to a bypass lane.
• The site plan shows 6 stacking spaces in the drive-through lane which meets the
recommended minimum requirement for eating establishments.
• The parking aisle leading to the drive-through provides additional space to help
accommodate spillover traffic and minimize traffic safety impacts.
(4) Sufficient on site signage and pavement markings shall be provided to indicate
direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and
other controls to ensure safe vehicular and pedestrian movement.
• The site plan indicates directional arrows in the drive-through and parking areas,
directional signage for the drive-through and a 'do not enter sign' at the exit.
• The site plan shows that the pedestrian route is demarcated where it crosses parking
drives, which helps improve pedestrian safety.
• To ensure pedestrian safety, the Board adopted as a condition of approval that
pedestrian routes be permanently demarcated using integral dyed concrete,
alternative paving materials, or other permanent methods.
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 alloM"( d, this
location standard must be met, unless the applicant can demonstrate that a''Oreet-facing
location is preferable for the overall safety and efficiency of the site, does n ;t',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 and service window for the coffee shop are located on a
nonstreet-facing fagade.
(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 around 75 feet from N. Scott Boulevard and
N. Dodge Street and more than 30 feet from adjacent lot lines.
• Screening is provided 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 quality of the streetscape or the safety of the pedestrian
environment.
• The site plan proposes one drive-through lane for pick-up and one bypass lane, both
of which are approximately 9 feet wide.
• The drive-through will not impact the design quality of the streetscape because it is
on the interior portion of the lot, is adequately set back, and is screened from N.
Dodge Street and N. Scott Boulevard by buildings and landscaping.
• With the condition adopted, pedestrian routes will be permanently demarcated where
they cross internal drives, which helps to ensure the safety of the pedestrian
environment.
(2) Drive-through lanes, bays, and stacking spaces shall be screened from views from
the street and adjacent properties to the S2 standard. If the drive-through is located
adjacent to a residential use or property zoned residential, it must be screened from view
of these properties to at least the S3 standard. To preserve the pedestrian oriented
character of streets in the CB-2 zone and the riverfront crossings district, the board may
require the drive-through to be incorporated within the building or be screened with
masonry street walls and landscaping. Street walls shall be a minimum of five feet (5) in
height and shall be designed to complement the principal building on the site.
• Residential uses are located north of N. Dodge street, so the proposed drive-through
will be screened to the S3 standard by landscaping and the coffee shop.
• Institutional uses are located to the west, so the proposed drive-through is- creened
by existing trees which exceed the S2 standard.
• Low Density Multi-Family Residential (RM-12) zoning is located to the sou , so the
proposed drive-through is screened to the S3 standard by landscaping:
• Institutional uses are located east of N. Scott Boulevard, so the proposed ailve-
through is screened to the S2 standard by two layers of landscaping,.one along the
street and one immediately adjacent to the parking area. „
(3) Multiple windows servicing a single stacking lane (e.g., order board, payment
window, pick up window) should be considered to reduce the amount of idling on the
site.
• Both an order board and pick-up window will be used to service the proposed drive-
through facility which will help reduce idling.
(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.
• The drive-through is accessed from N. Scott Boulevard across from N. Dubuque
Road through a shared parking lot surrounded by a mix of proposed uses.
• The rezoning includes conditions that no vehicular access be provided from N.
Dodge Street and that a right turn lane be added to N. Scott Boulevard, which helps
to minimize the potential for vehicular conflicts.
• The drive-through facilities are clearly separated from the parking areas to avoid
vehicular conflicts.
• The rezoning requires a pedestrian island on N. Scott Boulevard and the adopted
condition would require a permanently demarcated pedestrian route, which help
minimize the potential for pedestrian conflicts.
• The drive-through is on the interior portion of the lot and is screened from N. Dodge
Street and N. Scott Boulevard by buildings and landscaping which helps integrate it
into the landscape and streetscape design of the neighborhood.
(5) Lighting for the drive-through facility must comply with the outdoor lighting standards
set forth in chapter 5, article G of this title and must be designed to prevent light trespass
and glare onto neighboring residential properties.
• 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 order board is oriented away from the adjacent right-of-way and props ed multi-
family uses anticipated in the future.
• The proposed order board is more than 200 feet from the nearest existing pesidential
uses and proposed attached single-family 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 subject property did not receive waivers from the underlying zoning code in the
March 2023 rezoning.
• The proposed project incorporates attached single family, mixed use multi-family, and
commercial uses on a vacant infill parcel along one of the main entryways of the City
which provides a diversity of housing options and additional commercial services to
serve the surrounding residents and travelers.
• Vehicular traffic volumes will increase at the access on N. Scott Boulevard, but the street
has adequate capacity with improvements required as conditions of the rezoning as
discussed in more detail below under findings for the general standard regarding traffic.
• Onsite vehicular circulation and access are adequate to accommodate anticipated users
and drive-through traffic, and proposed signs and pavement markings will help efficiently
direct traffic.
• Pedestrian circulation is provided through the site, and with the condition adopted,
pedestrian routes would be permanently demarcated where they cross drives which will
reduce conflicts and enhance pedestrian safety.
• The proposed right turn lane along N. Scott Boulevard will remove some existing trees in
the right-of-way, but those trees must be replaced as a condition of the rezoning to
provide an inviting streetscape and shade for users of the sidewalk and bike path.
• The proposed site plan will protect steep slopes in compliance with the Sensitive Areas
Development Plan approved during the rezoning in a Level II Sensitive Areas review.
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 nearest neighbors to the north and to the east of the subject property will be
separated by N. Dodge Street and N. Scott Boulevard, will be screened according to City
standards, and will be set back at least 40 feet which helps minimize impacts.
• To the west, the subject property will be separated by existing woodlands.
• To the south, attached single family units will provide a transition from existing detached
single-family residential uses to commercial uses on the subject property.
• A condition of the rezoning prohibits vehicular access from N. Dodge Street, so vehicular
access would be exclusively from N. Scott Boulevard, which has adequate capacity with
improvements required as conditions of the rezoning as discussed in more detail under
findings below for the general standard regarding traffic.
• All exterior lights must meet the relevant standards within the zone which seek to
prevent light trespass and glare onto neighboring properties.
• The proposed exception is not expected to affect the use, enjoyment, or values of
nearby uses any more that other development allowed within the zone.
The Board concludes that establishment of the specific proposed exception will not t®pede
the normal and orderly development and improvement of the surrounding property Barr uses
permitted in the district in which such property is located based on the following find ijgs:
• Surrounding properties are mostly developed with multi-family townhouse-style
development to the north, City of Iowa City Fire Station 4 to the east, the Iowa CA-7
Community School District Administration building to the west, and existing.,deted
single-family homes to the south.
• The proposed drive-through facilities are on the interior of the lot. ,
• Detached single-family homes to the south will be buffered by attached single-family
homes, while properties to the west are buffered by an existing wooded area, and
properties to the north and east are buffered by streets, enhanced setbacks, and
landscaping.
• A condition of the rezoning prohibits vehicular access from N. Dodge Street, so vehicular
access would be exclusively from N. Scott Boulevard, which has adequate capacity with
improvements required as conditions of the rezoning according to a traffic impact study
submitted during the rezoning process. The traffic impact study is discussed in more
detail below in the general standard regarding traffic.
• Future redevelopment and improvement of adjacent properties will not be affected by the
proposed exceptions.
The Board concludes that adequate utilities, access roads, drainage and/or necessary
facilities have been or are being provided based on the following findings:
• The subject property is an infill parcel surrounded by existing development.
• Sanitary sewer and water mains can service the subject property and have sufficient
capacity to accommodate the proposed use.
Stormwater detention for the development is proposed in Outlot A.
• A condition of the rezoning prohibits vehicular'access from N. Dodge Street, so vehicular
access would be exclusively from N. Scott Boulevard, which has adequate capacity with
improvements required as conditions of the rezoning according to a traffic impact study
submitted during the rezoning process. The traffic impact study is discussed in more
detail below in the general standard regarding traffic.
• The site contains adequate space for vehicular circulation and parking to accommodate
the use.
Adequate pedestrian facilities are provided, and public access easements will be
dedicated for any pedestrian facilities along the N. Scott Boulevard right-of-way as a
condition of the rezoning.
+� Staff will ensure the proposed development conforms with all applicable infrastructure
requirements during the subsequent final plat and site plan review.
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:
• A traffic impact study was submitted during the rezoning which found that the proposed
development would provide acceptable levels of service during peak hours and that the
existing signal at N. Dodge Street and N. Scott Boulevard could continue to operate
acceptably if development occurred as proposed.
• The subject property would have access at one curb cut on N. Scott Boulevard, and
vehicular access is not allowed from N. Dodge Street as a condition of the rezoning due
to potential safety hazards. The traffic impact study noted that the proposed access point
was optimally located, spaced, and sized.
• Commercial lots will be accessed through the parking area behind principal bw1dings.
• The traffic impact study recommended installing a southeast-bound right-turn igne on N.
Scott Boulevard and a pedestrian facility with a refuge island across N. Scott`B' levard
at N. Dubuque Road, both of which were incorporated as conditions of the rekdning.
• The traffic impact study determined that the proposed development with the right turn
lane and pedestrian crossing at N. Scott Boulevard would not increase traffic to the point
of overburdening the existing street system, and staff concurred with the analysis.
• There is adequate space for stacking vehicles in the drive-through lanes, and significant
space for overflow stacking within the parking area without affecting traffic congestion on
public streets.
• Signage and pavement markings will help efficiently direct vehicles through the site.
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:
• The site plan shows 10 parking spaces on Lot 1 which meets the minimum parking
requirements based on the proposed coffee shop, and 31 parking spaces on Lot 2,
which would meet the minimum parking requirements for the proposed mixed use
building with a restaurant and 8 one-bedroom apartments. If the mixed use building is
not constructed, the tract including Lots 1 and 2 would be substantially overparked.
• The site plan includes an area for bicycle parking.
• The proposed site plan will protect steep slopes in compliance with the Sensitive Areas
Development Plan approved during the rezoning in a Level II Sensitive Areas review.
• Staff will ensure the proposed development conforms with all applicable zoning
standards and regulations during the subsequent 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:
• The IC2030 Comprehensive Plan designates the subject property as public/private open
space on the Future Land Use Map, likely due to regulated slopes on the site.
• The Plan notes that neighborhood design principals should be considered when
interpreting the land use map, including that alternatives to single family development
may be appropriate at the intersection of a collector and an arterial, such as
neighborhood commercial or multi-family development.
• The proposed project supports several goals of the comprehensive plan including the
provision of quality, compatible infill, a diversity of housing types, and neighborhood
commercial areas within a walkable distance of other homes.
• The Northeast District Plan does not contemplate the subject property.
• City Council found the proposed project to be consistent with Comprehensive Plan with
the approval of a rezoning to Community Commercial with a Planned Development
Overlay (OPD/CC-2) in March 2023.
• City Council approved a Preliminary Sensitive Areas Development Plan for impacts to
critical slopes through a Level II Sensitive Areas Review, which addresses the need to
protect sensitive features identified in the Comprehensive Plan.
DISPOSITION: By a vote of -0, the Board approved F C23-0003, to allow an accessory
drive-through facility accessory to a coffee shop in a Community Commercial (CCS ) zone
for the property located at south of N. Dodge Street and vest of N. Scott Bdulev�r , subject
to the condition that pedestrian routes shall be permanently demarcated using ig('�gral dyed
concrete, alternative paving materials, or other permanent methods with designs as
approved by the City Engineer prior to site plan approval.
2. EXC23-0003: A public hearing regarding a special exception application by Mark Holtkamp
(A Latte Buzzness) requesting a special exception to allow a drive-through facility
associated with an Automated Teller Machine (ATM) in a Community Commercial (CC-2)
zone for property south of N. Dodge Street and west of N. Scott Boulevard.
The Board concludes that the following specific standard found at 14-4C-2K-3a will be met.
Access and Circulation: The transportation system should be capable of safely supporting
the proposed drive-through use in addition to the existing uses in the area. Evaluation
factors include street capacity and level of service, effects on traffic circulation, access
requirements, separation of curb cuts, 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 streets, alleys, or shared cross access drives. If the applicant can
demonstrate that access from a secondary street, alley, or shared cross access drive is
not possible, the board may grant access to a primary street, but may impose conditions
such as limiting the width of the curb cut and drive, limiting the number of lanes,
requiring the drive-through bays and stacking lanes to be enclosed within the building
envelope, and similar conditions.
• The proposed drive-through associated with the ATM would be accessed from a
shared drive and not directly off N. Scott Boulevard.
• Access off N. Dodge Street is not allowed as a condition of the rezoning approved on
March 21, 2023 in REZ22-0016.
(2) To provide for safe pedestrian movement, the number and width of curb cuts serving
the use may be limited. A proposal for a new curb cut on any street is subject to the
standards and restrictions in chapter 5, article C, "Access Management Standards", of
this title.
• Access to the proposed commercial lots would be from a single curb cut on N. Scott
Boulevard that is aligned with N. Dubuque Road.
• The curb cut to access the subject property along N. Scott Boulevard will maintain
safe pedestrian movement in the same manner as the east side of N. Scott
Boulevard where the street is intersected by N. Dubuque Road.
• Staff will ensure all relevant standards are met during final plat and site plan review.
[V
(3) An adequate number of stacking spaces must be provided to ensure traffi&� afety is
not compromised. A minimum of six (6) stacking spaces is recommended ford,�,ve-
through facilities associated with eating establishments and a minimum bf,four(4)
stacking spaces for banking, pharmacies, and similar nonfood related drive-through
facilities. "Stacking spaces" shall be defined as being twenty feet (20') in lengthF and the
width of a one lane, one-way drive. The board may reduce the recommended number of
stacking spaces if the applicant can demonstrate that the specific business h unique
characteristics such that the recommended number of parking spaces is excessive (i.e.,
a drive-through that is to be used for pick up only and not ordering).
• The site plan shows a bypass lane that can be used by those waiting for the ATM.
• The site plan shows 4 stacking spaces in the drive-through lane which meets the
recommended minimum requirement for banking establishments.
• The parking aisle leading to the drive-through provides additional space to help
accommodate spillover traffic and minimize traffic safety impacts.
(4) Sufficient on site signage and pavement markings shall be provided to indicate
direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and
other controls to ensure safe vehicular and pedestrian movement.
• The site plan indicates directional arrows in the drive-through and parking areas,
directional signage for the drive-through and a 'do not enter sign' at the exit.
• The site plan shows that the pedestrian route is demarcated where it crosses parking
drives, which helps improve pedestrian safety.
• To ensure pedestrian safety, the Board adopted as a condition of approval that
pedestrian routes be permanently demarcated using integral dyed concrete,
alternative paving materials, or other permanent methods.
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 is located on a nonstreet-facing side of the ATM.
(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 more than 90 feet from N. Scott Boulevard
and N. Dodge Street and more than 30 feet from adjacent lot lines.
• Screening is provided 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 residen l
properties or detract from or unduly interrupt pedestrian circulation or the comme 'al
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"bsed on,
the following findings for each sub-criterion:
(1) To promote compatibility with surrounding development, the number of drI, e-throujh
lanes should be limited such that the amount of paving and stacking space does not
diminish the design quality of the streetscape or the safety of the pedestrian
environment.
• The site plan shows one drive-through lane for the ATM that is approximately 11 feet
wide.
• The drive-through will not impact the design quality of the streetscape because it is
on the interior portion of the lot, is adequately set back, and is screened from N.
Dodge Street and N. Scott Boulevard by buildings and landscaping.
• With the condition adopted, pedestrian routes will be permanently demarcated where
they cross internal drives, which helps to ensure the safety of the pedestrian
environment.
(2) Drive-through lanes, bays, and stacking spaces shall be screened from views from
the street and adjacent properties to the S2 standard. If the drive-through is located
adjacent to a residential use or property zoned residential, it must be screened from view
of these properties to at least the S3 standard. To preserve the pedestrian oriented
character of streets in the CB-2 zone and the riverfront crossings district,, the board may
require the drive-through to be incorporated within the building or be screened with
masonry street walls and landscaping. Street walls shall be a minimum of five feet (6) in
height and shall be designed to complement the principal building on the site.
• Residential uses are located north of N. Dodge street, so the proposed drive-through
will be screened to the S3 standard by landscaping and the coffee shop.
• Institutional uses are located to the west, so the proposed drive-through is screened
by existing trees which exceed the S2 standard.
• Low Density Multi-Family Residential (RM-12) zoning is located to the south, so the
proposed drive-through is screened to the S3 standard by landscaping.
• Institutional uses are located east of N. Scott Boulevard, so the proposed drive-
through is screened to the S2 standard by two layers of landscaping, one along the
street and one immediately adjacent to the parking area.
(3) Multiple windows servicing a single stacking lane (e.g., order board, payment
window, pick up window) should be considered to reduce the amount of idling on the
site.
• ATMs have a relatively high through-put, so multiple machines are not necessary to
reduce the amount of idling onsite.
(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.
• The drive-through is accessed from N. Scott Boulevard across from N. Dubuque
Road through a shared parking lot surrounded by a mix of proposed uses..
The rezoning includes a condition that no vehicular access be provided from.N.
Dodge Street and that a right turn lane be added to N. Scott Boulevard, which,.ihelps
to minimize the potential for vehicular conflicts.
.w,
• The drive-through facilities are clearly separated from the parking areas to avoid
vehicular conflicts.
• The rezoning requires a pedestrian island on N. Scott Boulevard and the adopted
condition would require a permanently demarcated pedestrian route, which help
minimize the potential for pedestrian conflicts.
• The drive-through is on the interior portion of the lot and is screened from N. Dodge
Street and N. Scott Boulevard by buildings and landscaping which helps integrate it
into the landscape and streetscape design of the neighborhood.
(5) Lighting for the drive-through facility must comply with the outdoor lighting standards
set forth in chapter 5, article G of this title and must be designed to prevent light trespass
and glare onto neighboring residential properties.
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 ATM is oriented south, which is away from the adjacent right-of-way.
• The proposed ATM is more than 200 feet from the nearest existing residential uses
and proposed attached single-family 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 subject property did not receive waivers from the underlying zoning code in the
March 2023 rezoning.
• The proposed project incorporates attached single family, mixed use multi-family, and
commercial uses on a vacant infill parcel along one of the main entryways of the City
which provides a diversity of housing options and additional commercial services to
serve the surrounding residents and travelers.
• Vehicular traffic volumes will increase at the access on N. Scott Boulevard, but the street
has adequate capacity with improvements required as conditions of the rezoning as
discussed in more detail below under findings for the general standard regarding traffic.
• Onsite vehicular circulation and access are adequate to accommodate anticipated users
and drive-through traffic, and proposed signs and pavement markings will.help Oficiently
direct traffic.
• Pedestrian circulation is provided through the site, and with the condition adopted,
pedestrian routes would be permanently demarcated where they cross drives tri-ich will
reduce conflicts and enhance pedestrian safety.
• The proposed right turn lane along N. Scott Boulevard will remove some.'existing trees in
the right-of-way, but those trees must be replaced as a condition of the rezoning to
provide an inviting streetscape and shade for users of the sidewalk and bike pith.
k.{^
• The proposed site plan will protect steep slopes in compliance with the Sensitive Areas
Development Plan approved during the rezoning in a Level II Sensitive Areas review.
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 nearest neighbors to the north and to the east of the subject property will be
separated by N. Dodge Street and N. Scott Boulevard, will be screened according to City
standards, and will be set back at least 40 feet which helps minimize impacts.
• To the west, the subject property will be separated by existing woodlands.
• To the south, attached single family units will provide a transition from existing detached
single-family residential uses to commercial uses on the subject property.
• A condition of the rezoning prohibits vehicular access from N. Dodge Street, so vehicular
access would be exclusively from N. Scott Boulevard, which has adequate capacity with
improvements required as conditions of the rezoning as discussed in more detail under
findings below for the general standard regarding traffic.
• All exterior lights must meet the relevant standards within the zone which seek to
prevent light trespass and glare onto neighboring properties.
• The proposed exception is not expected to affect the use, enjoyment, or values of
nearby uses any more that other development allowed within the zone.
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:
• Surrounding properties are mostly developed with multi-family townhouse-style
development to the north, City of Iowa City Fire Station 4 to the east, the Iowa City
Community School District Administration building to the west, and existing detached
single-family homes to the south.
• The proposed drive-through facilities are on the interior of the lot.
• Detached single-family homes to the south will be buffered by attached single-family
homes, while properties to the west are buffered by an existing wooded area, and
properties to the north and east are buffered by streets, enhanced setbacks, and
landscaping.
• A condition of the rezoning prohibits vehicular access from N. Dodge Street, so vehicular
access would be exclusively from N. Scott Boulevard, which has adequate capacity with
improvements required as conditions of the rezoning according to a traffic impact study
submitted during the rezoning process. The traffic impact study is discussed in more
detail below in the general standard regarding traffic.
• Future redevelopment and improvement of adjacent properties will not be.affeci6d by the
proposed exceptions.
The Board concludes that adequate utilities, access roads, drainage and/or necess "y
facilities have been or are being provided based on the following findings:
• The subject property is an infill parcel surrounded by existing development.
• Sanitary sewer and water mains can service the subject property and have sufficient
capacity to accommodate the proposed use.
• Stormwater detention for the development is proposed in Outlot A.
• A condition of the rezoning prohibits vehicular access from N. Dodge Street, so vehicular
access would be exclusively from N. Scott Boulevard, which has adequate capacity with
improvements required as conditions of the rezoning according to a traffic impact study
submitted during the rezoning process. The traffic impact study is discussed in more
detail below in the general standard regarding traffic.
• The site contains adequate space for vehicular circulation and parking to accommodate
the use.
• Adequate pedestrian facilities are provided, and public access easements will be
dedicated for any pedestrian facilities along the N. Scott Boulevard right-of-way as a
condition of the rezoning.
• Staff will ensure the proposed development conforms with all applicable infrastructure
requirements during the subsequent final plat and site plan review.
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:
• A traffic impact study was submitted during the rezoning which found that the proposed
development would provide acceptable levels of service during peak hours and that the
existing signal at N. Dodge Street and N. Scott Boulevard could continue to operate
acceptably if development occurred as proposed.
• The subject property would have access at one curb cut on N. Scott Boulevard, and
vehicular access is not allowed from N. Dodge Street as a condition of the rezoning due
to potential safety hazards. The traffic impact study noted that the proposed access point
was optimally located, spaced, and sized.
• Commercial lots will be accessed through the parking area behind principal buildings.
• The traffic impact study recommended installing a southeast-bound right-turn lane on N.
Scott Boulevard and a pedestrian facility with a refuge island across N. Scott Boulevard
at N. Dubuque Road, both of which were incorporated as conditions of the rezoning.
• The traffic impact study determined that the proposed development with the right turn
lane and pedestrian crossing at N. Scott Boulevard would not increase traffic to the point
of overburdening the existing street system, and staff concurred with the analysis.
• There is adequate space for stacking vehicles in the drive-through lanes, and significant
space for overflow stacking within the parking area without affecting traffic congestion on
public streets.
• Signage and pavement markings will help efficiently direct vehicles through the site.
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:
• The site plan shows 10 parking spaces on Lot 1 which meets the min%mum park�ig
requirements based on the proposed coffee shop, and 01 parking spaces on L6t42„
which would meet the minimum parking requirements for the proposed mixed 6 i6
building with a restaurant and 8 one-bedroom apartments. If the mixed use bu'Idling is
not constructed, the tract including Lots 1 and 2 would be substantially overparked.
• The site plan includes an area for bicycle parking.
• The proposed site plan will protect steep slopes in compliance with the Sensitive Areas
Development Plan approved during the rezoning in a Level II Sensitive Areas review.
• Staff will ensure the proposed development conforms with all applicable zoning
standards and regulations during the subsequent 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:
• The IC2030 Comprehensive Plan designates the subject property as public/private open
space on the Future Land Use Map, likely due to regulated slopes on the site.
• The Plan notes that neighborhood design principals should be considered when
interpreting the land use map, including that alternatives to single family development
may be appropriate at the intersection of a collector and an arterial, such as
neighborhood commercial or multi-family development.
• The proposed project supports several goals of the comprehensive plan including the
provision of quality, compatible infill, a diversity of housing types, and neighborhood
commercial areas within a walkable distance of other homes.
+• The Northeast District Plan does not contemplate the subject property.
+• City Council found the proposed project to be consistent with Comprehensive Plan with
the approval of a rezoning to Community Commercial with a Planned Development
Overlay (OPD/CC-2) in March 2023.
• City Council approved a Preliminary Sensitive Areas Development Plan for impacts to
critical slopes through a Level II Sensitive Areas Review, which addresses the need to
protect sensitive features identified in the Comprehensive Plan.
DISPOSITION: By a vote of 5-0, the Board approved EXC23-0003, to allow an accessory
drive-through facility accessory to an Automated Teller Machine (ATM) in a Community
Commercial (CC-2) zone for the property located at south of N. Dodge Street and west of N.
Scott Boulevard, subject to the condition that pedestrian routes shall be permanently
demarcated using integral dyed concrete, alternative paving materials, or other permanent
methods with designs as approved by the City Engineer prior to site plan approval.
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 the
improvement authorized under the terms of the Board's decision. City Code Section 14-8C-
1 E, City of Iowa City, Iowa.
.'
Approved, b
y
Nancy Carts n„ Chairperson � w "', ' t
ve
City Attorney's 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 12th day of April, 2023 as
the same appears of record in my Office.
Dated at Iowa City, this day of "20"a. "
1.
Kellie K. Fruehlingn City C� rk `
r ,