HomeMy WebLinkAboutBOA 5.9.18 PacketIOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, May 9, 2018 – 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
AGENDA
A. Call to Order
B. Roll Call
C. Consider the February 14, 2018 minutes
D. Special Exception Items
1. An application submitted by Kum & Go, LC for a special exception to allow a Quick
Vehicle Service Use within the Towncrest Redevelopment Area at 2303 Muscatine
Avenue. (EXC18-00003)
2. An application submitted by Matthieu and Jacqueline Biger for a special exception to
reduce the rear principal building setback for property located in the Neighborhood
Stabilization Residential (RNS-12) zone at 519 North Johnson Street. (EXC18-00004)
3. An application submitted by Ranshaw Limited Partnership for a special exception to
allow a vertical expansion of the existing building within the rear principal building
setback for property located in the Community Commercial (CC-2) zone at 424 Highway
1 W. (EXC18-00005)
E. Board Discussion
This is an opportunity for the Board to ask any general questions about its role or
issues related to review of applications.
F. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING:
Wednesday, June 13, 2018
If you will need disability-related accommodations in order to participate in this meeting, please contact
Sarah Walz, Urban Planning at 319-356-5239 or at sarah-walz@iowa-city.org. Early requests are strongly
encouraged to allow sufficient time to meet your access needs.
MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
FEBRUARY 14, 2018 – 5:15 PM
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Gene Chrischilles, Ryan Hall, Bryce Parker, Tim Weitzel
MEMBERS ABSENT: Connie Goeb
STAFF PRESENT: Susan Dulek, Sarah Walz
OTHERS PRESENT: Thomas McInerney, Mike Oliveira, Bob Carlson, Dan Rohwer
CALL TO ORDER:
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 the meeting.
CONSIDER THE JANUARY 10, 2018 MINUTES:
Parker moved to approve the minutes of January 10, 2018, with edits. Hall seconded the
motion.
A vote was taken and the motion carried 4-0.
SPECIAL EXCEPTION ITEM EXC18-00001:
Discussion of an application submitted by Thomas McInerney for a special exception to allow a
drive- through restaurant in the Community Commercial (CC-2) zone located at 51 S. Riverside
Drive (Gateway Plaza).
Walz began the staff report with an aerial view of the zoning of surrounding properties, focusing
on the Gateway Plaza property at the intersection of Riverside Drive and Highway 1. The
subject site is surrounded by CC-2 zoning; across Riverside Drive there is a public zone where
the transit facility is located. Properties to the north will eventually be part of the Riverfront
Crossings Zone but that designation will not extend south of Highway 1 or west of Orchard
Street. Walz noted there are two access points and both set well back several hundred feet
from the major intersection of Riverside Drive and Highway 1. The shopping center is served by
a frontage road, and new curb cuts for the proposed us will be created from the frontage road.
Walz stated the applicant submitted a concept plan to show how they may install required
improvements for the parking area. She noted that while it was not a final plan, it showed
generally how the parking area for the larger shopping buildings, which is currently non-
conforming, define the parking aisles and to better direct vehicle traffic across the larger
shopping center parking lot with endcaps (end islands) and required shade trees, etc. The
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February 14, 2018
Page 2 of 10
expansion of the shopping center with additional space of the restaurant requires that the
parking area come closer to conformance with current code standards.
Walz next reviewed the specific criteria beginning with access and circulation. Wherever
possible or practical the code encourages drive-through lanes to be accessed from secondary
streets, alleys, or shared cross access drives. The property has access from Highway 1 West
and South Riverside Drive via a frontage road, which is part of the public Highway right-of-way.
The frontage road provides circulation around the large shared parking area that serves the
Gateway Plaza shopping center as well as adjacent properties to the west and south.
The next standard is to provide for safe pedestrian movement, the number and width of curb
cuts serving the use may be limited. Walz said the two primary access points from the two
primary arterial streets would feed into the frontage road and the only new curb cuts would be
from the frontage road. She noted, this is an area of the community that is not pedestrian
friendly, however, over time the City is making improvements beginning with the Highway 1
multi-use trail that runs along the north side of Highway 1. There are plans to extend a similar
trail south along the east side of Riverside Drive, and over time as improvements are made
sidewalks will be added along other frontages. The curb cuts that are proposed with this
application do not preclude future sidewalks being installed along the highway or within the
frontage road setback. Walz stated that one of the improvements to the site is the narrowing of
the curb cut to the west of the drive-through. This will help to slow traffic as it enters the site.
With regard to the number of stacking spaces, right now there is adequate space for six cars to
stack between the service window (which faces out towards Highway 1) and the entry to the
drive-through. Additional cars could stack along the private parking aisles before reaching the
frontage road. Walz noted that coffee service drive-throughs generate the highest peak hour
demand in terms of queuing, so it is important to have adequate stacking space. However,
peak hours are generally limited to the early morning when most businesses in the shopping
center are not open to the public.
She reviewed the on-site signage and pavement markings shown in the site plan to indicate
direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other
controls to ensure safe vehicular and pedestrian movement. Directional arrows and other
pavement markings are provided including a stop bar and “do not enter” marking at the exit of
the drive-through.
She reviewed a criterion for drive-through lanes and service windows to be located on a
nonstreet-facing façade, 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. Walz noted that within the context of the larger shopping center and its
parking area, the location of the drive allows it to be fully separated from parking aisles and
drives, thereby minimizing conflicts with other users of the site. Additionally the distance and
the screening provided along the right of way will not disrupt pedestrian areas or future
pedestrian areas, and staff feels this is a preferable location for the structure and the service
windows. Staff recommended that 50% of required landscape screening be evergreen to
provide a year round screen. She showed that reviewed the required setbacks and how those
were satisfied.
Walz noted that in this proposal there is only one drive-through lane. The streetscape is in a
major throughway in the City and doesn’t have the sore pedestrian friendly streetscape that is in
other areas. Overall with the construction of the restaurant and drive-through there will actually
Board of Adjustment
February 14, 2018
Page 3 of 10
be less paved area in the shopping center than there is currently. The applicant has proposed a
single drive-through lane with one order board and service window, however if in the future they
propose to add additional order boards there is adequate space in the area.
She noted that all of the lightening will be reviewed as part of the permitting process and will
have to meet City standards for being downcast, etc. With regards to loudspeakers or
intercoms they must be located and directed to minimize disturbance to adjacent uses, since
this area is not adjacent to a residential zone and the location is already a busy intersection
noise shouldn’t be an issue.
Walz did not review all the general standards, they are listed in the staff report, and stated that
they draw from the specific standards especially with regards to making the site safer (again
with narrowing the drive) and provided separation between the parking rows and between the
drive-through lane and other vehicular use areas.
Staff recommends approval of EXC18-00001, a special exception to allow a drive-through
facility for an eating establishment in the Community Commercial (CC-2) zone, at 51 South
Riverside Drive, subject to the following conditions:
x Substantial compliance with site plan submitted with the following additional changes:
o Along the north and east frontages, required S2 landscape screen must include
50% evergreen species.
Chrischilles asked about one of the curb cuts and if there would be any advantage to making
that curb cut an exit only. Walz said it appropriate for the curb cut to be two-way to allows
people who are coming to the restaurant to bypass the rest of the shopping center parking area.
She noted there is ample room for cars to stack without blocking the public right-of-way or
frontage road.
Parker asked about the site plan and that it currently is not planned for pedestrian traffic. Walz
confirmed that there are currently no sidewalks along either right-of-way and that sidewalks are
constructed it will be the responsibility of the DOT and City (not the property owner). Sidewalk
construction is a future goal but would not happen until the intersection at Riverside and
Highway 1 is re-reconstructed. This will create curb ramps and pedestrian signals.
Chrischilles opened the public hearing and invited the applicant to come forward.
Thomas McInerney (1208 Marcy Street) noted that the shopping center and parking layout have
been the same since its construction in 1965 and one of the major issues with adding sidewalks
is that the Eagles Club building actually extends onto the State owned right-of-way. He added
that this proposal will reduce the amount of pavement and add additional green space to assist
with the stormwater runoff.
Parker asked if there was any stormwater detention or retention located on the property.
McInerney said since the construction of the buildings and parking lot 50 years ago it drains
directly into the river, and because they are building the new structure on an existing parking lot
they are not required to meet the current retention standards per Code. They feel however by
adding more green space they will be able to slow down the water runoff and offer more
opportunity for infiltration.
Chrischilles closed the public hearing.
Weitzel stated he is satisfied that the general and specific criteria are met.
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February 14, 2018
Page 4 of 10
Parker asked what the requirements for stormwater retention were. Walz stated that the
applicant is correct, being that they are not subdividing this lot or changing it in any way it is not
required to come into compliance with what is now the current standards. If the property were
subdivided that may trigger compliance. Walz noted that with the construction of the restaurant
site they are actually reducing the amount of pavement and bringing the larger parking area
closer to compliance with the parking design standards also reduces the amount of paving.
Adding more green space will also slow water runoff and provide some opportunity for filtration.
Parker asked if there could be any additions to this proposal that would include a pedestrian
walkway, knowing that some improvements are on the horizon. Walz said there is adequate
space for sidewalks to be built directly along the highway as well as along the frontage street.
Both those options are on DOT property and those improvements should be made when the
intersection is reconstructed to better ensure the safety of folks crossing the highway. However,
if the Board wanted to improve the pedestrian situation within the shopping center, a pedestrian
route from the shopping center to the restaurant may be appropriate.
Hall agreed that there will be pedestrian traffic from the shopping center to the coffee shop so
having a designated pedestrian route would be beneficial. Walz said the Board could add that
as a condition to the special exception.
Parker asked if the Board could add a condition regarding stormwater improvements in the
parking lot. Walz said there would need to be a rational nexus between the stormwater and
drive-through, which is the focus of this special exception. The site improvements are actually
reducing the amount of hardscape and so it would be difficult to argue that the restaurant was
having a negative impact on drainage.
Chrischilles noted he is of the opinion that everything looks fine.
Weitzel moved to approve EXC18-00001, a special exception to allow a drive-through
facility for an eating establishment in the Community Commercial (CC-2) zone, at 51
South Riverside Drive, subject to the following conditions:
x Substantial compliance with site plan submitted with the following additional
changes:
o Along the north and east frontages, required S2 landscape screen must
include 50% evergreen species.
o A dedicated pedestrian route should established between the restaurant
and the shopping center as part of the parking area improvements.
Parker seconded the motion.
Weitzel stated that regarding agenda item EXC18-00001 he concurs with the findings set forth
in the staff report of February 14, 2018, and conclude the general and specific criteria are
satisfied. With regards to specific standard 14-4C-2K point 2 in the staff report, to provide for
safe pedestrian movement, because this property will be a draw to pedestrians from the
shopping area we should require a safe pedestrian route. Unless amended or opposed by
another Board member, he recommends that the Board adopt the findings in the staff report as
our findings with acceptance of this proposal.
A vote was taken and the motion carried 4-0.
Board of Adjustment
February 14, 2018
Page 5 of 10
Chrischilles stated the motion declared approved, any person who wishes to appeal this
decision to a court of record may do so within 30 days after this decision is filed with the City
Clerk’s Office.
SPECIAL EXCEPTION ITEM EXC18-00002:
Discussion of an application submitted by Prestige Properties LLC for a special exception for
reductions in the principal building setback requirements for property located in the Community
Commercial (CC-2) zone located at 408 S. Gilbert Street.
Walz showed the location map, explaining the surrounding zoning, which is RM-44 to the east,
south and north sides. On the west side of the street, the property was formerly part of the
Central Business Support Zone and now is part into the Riverfront Crossings-Gilbert Street
Subdistrict. Much of the area, although not all, is mixed-use so it allows for the commercial on
the ground floor and residential uses above. The CC-2 zone is intended for uses that draw from
across the community, located along major thoroughfares and typically requires and generates
lots of parking demand. Walz noted that the buildings to the west that are part of the Riverfront
Crossings Zone front directly onto the sidewalk, with no setback, creating an urban zone.
Eventually if the residential zones surrounding the area redevelop they too would be
redeveloped with more of an urban, pedestrian orientation. The building in this application has
a long history, and the building and property are is rather unusual shape and orientation to the
street.
Walz stated that with regards to setback standards the City needs to look at what the intents of
the setback standards are. They are to maintain light, air and separation for fire protection and
access for firefighting equipment. It is also to provide opportunities for privacy between
buildings, to reflect the general building scale and placement of structures in the neighborhood,
to promote a reasonable physical relationship between buildings and residences, and to provide
flexibility inside the building so it is compatible with other buildings in the vicinity. In this
situation one side of the building faces Ralston Creek so setbacks won’t apply, on the north side
they are proposing to build to 3 feet from the adjacent property line. On the west side of the
property they are asking to reduce the setback from 10 feet to 1’10”, which is similar to what is
in the Riverfront Crossings Zone across Gilbert Street. In staff’s view the request is not out of
character for the area or out of intent for what the setback standards are intended to do.
The next standard talks about any potential negative effects resulting from the setback
exception are mitigated to the extent practical. Walz explained that it is an unusual use in this
building, and the site is in some ways actually unique for that use as it is a use that requires a
lot of square footage for maintaining all their paper records onsite at all times, they are also
acquiring new freezers for storage, what they are proposing is to expand the existing building by
building a steel support structure that is independent of what the building is now and that is why
they are seeking to encroach into the setback. Currently the entrance to the building is off the
parking area but they will reorient the building so the main entrance will be off the sidewalk
facing Gilbert Street, which is what the City requires in the Riverfront Crossings Zone and
Downtown Zones. Walz showed images of the proposed building changes.
Walz stated that a 10-foot setback is typically required between parking areas and the sidewalk,
with S2 (low) landscape screening to separate and screen vehicle areas from pedestrian areas.
Currently, portions of the parking area are separated from the public sidewalk with a metal fence
(non-solid). Staff recommends that where the minimum parking area set back cannot be met,
Board of Adjustment
February 14, 2018
Page 6 of 10
the applicant should provide a low masonry wall 2 I/2 -3 feet in height with addition to shrubs.
Staff recommends approval of EXC18-00002, an application for a reduction in the principal
building setbacks from 10 feet to 1’10” for the front (west), and from 5 feet to 3 feet for the
side (north) for property located in the Community Commercial (CC-2) zone at 408 Gilbert
Street subject to substantial compliance with the site plan submitted and the additional
condition:
x Parking areas shall be screened from Gilbert Street to the required S2 standard, with a
low 2 -3 foot masonry wall with additional landscaping. Final plan to be approved by
planning staff.
Parker asked about the addition of the low masonry wall and what it is to achieve. Walz
explained in the footnote on the bottom of page 5 of the staff report discusses what is required
for S2 screening and one option is a low wall. It will accomplish two things: in places where
there is an inadequate setback and screening a low wall will provide a screen from the view of
the cars and headlights, and provide a physical barrier between vehicles and pedestrians.
Chrischilles asked what kind of barrier would be on the north side. Walz said along the west
face of the parking area (north side of the parking area) there are currently wire fences where a
low wall would be placed, and then also another low wall along the other sides of the parking as
well. The zoning code (S2 standards) allow the low walls may be broken periodically to allow
for a tree or shrub to add greenery.
Parker asked about a wall as opposed to using trees and shrubbery as screening due to the
proximity to Ralston Creek and vegetation rather than masonry wall would help filter runoff
water that will be going into Ralston Creek. Walz said that the Board should review the
standards and can recommend whatever they deem appropriate to serve the purpose of the
setback.
Chrischilles asked about the parking requirements for this property. Walz said they meet the
parking requirements for the use.
Weitzel asked if the City had any responsibility to the Federal storage requirement for the record
keeping. Walz said it is not the City’s responsibility, it is the occupants responsibility. The
applicant is adding flood-proofing to the building to better secure of the improvements.
Walz added that this is a difficult site, it is not the most attractive building right now so the
improvements to the building will make it more attractive. However the use does rely on foot
traffic and does rely on being in a location that is close to campus. The business’s demand for
square footage may them from being closer to campus where square footage costs more. This
odd lot could be used for many other things, some of which the City and public may not want
(i.e. fast food). The investments to improve the building for the current occupant is providing a
long-term solution allowing the use to stay in the location. While it is a private use, it does
provide a sort of public good as it is used for donations for public health benefit.
Chrischilles opened the public hearing.
Mike Oliveira (General Manager, Prestige Prosperities) thanked Walz for her help with this
application and preparing materials for the Board. He said the manager from the local Bio-Test
Plasma Center is also here tonight and can answer questions as well. Bio-Test has been at this
location for eight years, Oliveira purchased the building about nine years ago, and then previous
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February 14, 2018
Page 7 of 10
tenant moved their operations to Coralville. When Bio-Test was brought on board Oliveira said
they did renovate the building to Bio-Test’s specifications and the center today employs about
45 full-time people. There is high traffic at the center and a lot is pedestrian traffic. The Bio-
Test Corporation came to Oliveira to find a solution to an issue they were having with their
freezers, at one time when there was a government plasma shipping ban the freezer became
overloaded. In order to fix that freezer, they will need to add another freezer in the center that is
operated in parallel. The freezers cost just under $1 million apiece and there are currently two
in the facility. It is a big investment for Bio-Test to add another freezer in order to stay in this
location.
Bob Carlson (CDT Architects) explained as the building is set up now the lower level is where
the donation area is and also the processing area with the freezers. Since the government
requires them to keep all paper records onsite they will run out of current space. The lower
level of the building is also one inch below the City defined flood level, so there needs to
something done to protect from that. What they felt was best from an architectural standpoint
was to clear everything out of the lower level and move it all to a third floor that will be the same
footprint as the rest of the building. They would then pour a new basement floor to get it above
the flood level so it could be used as one large storage area for their record storage needs.
They will also add an elevator that would serve all three levels, and additional exit for fire safety.
When constructing the third floor they can then keep all operations of the center up and running
during construction. The building was originally built when Iowa City had a cable car system in
the early 1900’s and this building was where repair of cable cars was done, and that is why the
building is of such a unique shape. Carlson shared the construction materials they will use and
options for finishing.
Dan Rohwer (Bio-Test Plasma Center Manager) said they do approximately 46,000 procedures
per year at their center. Last year they paid over $3 million in wages and donor fees. With the
addition of the elevator it will help with donor health and safety. Also because of the strict
regulations they have on record storage (they need to keep records for 40 years, but after 2
years can be moved offsite) so they really do need more storage.
Oliveira reiterated the plans that Carlson shared with regards to flood prevention planning and
the uniqueness of the building. He reiterated that this use was a benefit to the neighborhood
and use had a high traffic count.
Carlson spoke regarding adding shrubbery, noting that years ago there was a line of shrubs
along the sidewalk there up to the creek and a series of sexual assaults had occurred in that
exact area by the bridge, so the shrubs were removed at the request of the police. He would
not want to see anything placed there that someone could hide behind and harm others.
Chrischilles closed the public hearing.
Weitzel doesn’t see any problems with this application and feels it meets the criteria and doesn’t
feel there are any other requirements to add.
Parker also doesn’t have any further requirements to add. As a side note, he suggested
perhaps Oliveira could consider adding a plaque to the building to discuss the history of the
building.
Hall is fine with requiring the masonry wall and not having just plants.
Board of Adjustment
February 14, 2018
Page 8 of 10
Chrischilles feels everything is in order.
Parker moved to approve EXC18-00002, an application for a reduction in the principal
building setbacks from 10 feet to 1’10” for the front (west), and from 5 feet to 3 feet for the
side (north) for property located in the Community Commercial (CC-2) zone at 408 Gilbert
Street subject to substantial compliance with the site plan submitted and the additional
condition:
x Parking areas shall be screened from Gilbert Street to the required S2 standard, with a
low 2 -3 foot masonry wall with additional landscaping. Final plan to be approved by
planning staff.
Seconded by Hall.
Parker stated that regarding agenda item EXC18-00002 he concurs with the findings set forth in
the staff report of February 14, 2018, and conclude the general and specific criteria are
satisfied. Unless amended or opposed by another Board member, he recommends that the
Board adopt the findings in the staff report as our findings with acceptance of this proposal.
A vote was taken and the motion passed 4-0.
Chrischilles stated the motion declared approved, any person who wishes to appeal this
decision to a court of record may do so within 30 days after this decision is filed with the City
Clerk’s Office.
BOARD DISCUSSION:
Walz handed out the annual City survey for current Commission and Board members to gather
information on representation.
Parker requested information on the City’s Stormwater Management requriement and Walz said
she would provide that information from the code.
ADJOURNMENT:
Hall moved to adjourn the meeting.
Parker seconded.
A vote was taken and the motion passed 4-0
BOARD OF ADJUSTMENT ATTENDANCE RECORD 2017-2018 NAME TERM EXP. 1/11 4/12 5/10 6/14 7/12 10/11 12/11 1/10 2/14 CHRISCHILLES, T. GENE 1/1/2019 X X X X X X X X X GOEB, CONNIE 1/1/2020 X X X X O/E X X X X HALL, RYAN 1/1/2023 -- -- -- -- -- -- -- -- X PARKER, BRYCE 1/1/2022 X O/E X X O/E X X X X SOGLIN, BECKY 1/1/2018 X X X X X X X -- -- WEITZEL, TIM 1/1/2021 X X X X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member