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HomeMy WebLinkAbout2020 SPECIAL EXCEPTION APPLICATION-3- D. General Approval Criteria: In addition to the specific approval criteria addressed in “C”, the Board must also find that the requested special exception meets the following general approval criteria or that the following criteria do not apply. In the space provided below, or on an attached sheet, provide specific information , not just opinions, that demonstrate that the specific requested special exception meets the general approval criteria listed below or that the approval criteria are not relevant in your particular case. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish and impair property values in the neighborhood. 3.Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. 4.Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. -4- 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. 6. Except for the specific regulations and standards applicable to the special 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. [Depending on the type of special exception requested, certain specific conditions may need to be met. The applicant will demonstrate compliance with the specific conditions required for a particular use as provided in the City Code section 14-4B as well as requirements listed in the base zone or applicable overlay zone and applicable site development standards (14-5A through K).] 7. The proposed use will be consistent with the Comprehensive Plan of the City. -5- E. List the names and mailing addresses of the record owners of all property located within 300 feet of the exterior limits of the property involved in this appeal: NAME ADDRESS -6- NOTE: Conditions. In permitting a special exception, the Board may impose appropriate conditions and safeguards, including but not limited to planting screens, fencing, construction commencement and completion deadlines, lighting, operational controls, improved traffic circulation requirements, highway access restrictions, increased minimum yard requirements, parking requirements, limitations on the duration of a use or ownership or any other requirement which the Board deems appropriate under the circumstances upon a finding that the conditions are necessary to fulfill the purpose and intent of the Zoning Chapter. (Section 14-8C-2C-4, City Code). Orders . Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the date the written decision is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. (Section 14-8C-1E, City Code). Petition for writ of certiorari . Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter, or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. (Section 14-8C-1F, City Code). Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the City Clerk. Date:,20 Signature(s) of Applicant(s) Date:,20 Signature(s) of Property Owner(s) if Different than Applicant(s) ppdadmin\application-boase.doc Dear Applicant: It is the goal of the Department of Neighborhood & Development Services to provide adequate public notification for development items. Following is a list of required items to include with your rezoning, subdivision, OPD, special exception, or variance applications. It is important to conform to these requests to prevent any delays in the process. ♦ A list of addresses must accompany every application for rezoning, subdivision, special exceptions and variances. This list must include all landowners of property within 300' of the proposed site, including public ways. This information is available at the City Assessors Office located at 913 S. Dubuque Street. ♦ The staff will post a sign at the time an application is filed. The sign must remain until the application is approved or denied. Larger sites will require one sign for every 200' of frontage on each street adjacent to the site. These signs will contain general information regarding the application and will provide a phone number for persons to contact Planning staff with questions regarding the application. Staff will be responsible for removing the signs. If the applicant notices the sign has been removed or damaged between the time of application and final approval or denial of the request, the City of Iowa City Planning staff should be notified. ♦ A copy of the Iowa City's GOOD NEIGHBORHOOD POLICY (enclosed) will be provided to every applicant at the time of application. This policy has been developed to help create more opportunities for early and more effective citizen participation in both major and minor projects and encourages an applicant's participation beyond current legal requirements for notification. ♦ An application has been enclosed for your use. If you need additional forms, you may photo copy this form or you can obtain additional copies from our office, or online at www.icgov.org/applications. If you have any additional comments or concerns about these changes, please contact our department at 356-5230. Sincerely, Janet Dvorsky, Administrative Secretary Department of Neighborhood & Development Services City of Iowa City Neighborhood and Development Services The Office of Neighborhood Outreach is available to assist with the Good Neighbor Program by arranging meeting rooms, providing sample meeting notices, notifying neighborhood association contacts, and other information and advice. Contact Marcia Bollinger, Neighborhood Outreach Coordinator Phone: 319-356-5237 E-mail: Marcia-Bollinger@iowa-city.org Good Neighbor meetings are NOT required as part of the review process in Iowa City but they are strongly encouraged in most instances. If you state that you will or have participated in the program, the following steps must be followed by the applicant: ⃝Meeting facilities located as close to the subject property and neighbors as possible. The Neighborhood Outreach Coordinator can make suggestions and final arrangements in most cases. ⃝Good Neighbor meeting notice reviewed by City staff prior to distribution. The Neighborhood Outreach Coordinator will ensure that it is reviewed/approved and be responsible for sending it on to representatives of impacted neighborhood associations for their distribution. ⃝Meeting notice sent by applicant to all property owners within 300’ of the subject property by applicant and sent out not less than 7 days prior to Good Neighbor meeting date. ⃝Good Neighbor Meeting occurs no less than 7 days prior to the scheduled board/commission meeting to enable adequate time to provide input. ⃝Good Neighbor meeting attended by a City staff representative if necessary. Staff will be available as a resource to respond to questions related to process, schedule, and zoning, etc. Staff can be arranged by the Neighborhood Outreach Coordinator. ⃝Summary Report for Good Neighbor Meeting completed by applicant and submitted prior to board/commission review. A fill-in form of the Summary Report is available at www.icgov.org/goodneighbor. Neighborhood and Development Services 410 E. Washington Street Iowa City, IA 52240 Phone: 319-356-5230 Fax: 319-356-5217 Good Neighbor Program www.icgov.org/goodneighbor History and Background Iowa City’s Good Neighbor Program is part of an effort to make the development process run more smoothly between property owners and developers who seek zoning and related changes, and the neighborhoods that may be affected by those changes. The Good Neighbor Program is not a requirement, but rather a recommended approach that encourages proactive dialogue between property owners, developers, and neighbors that may help identify and resolve issues before the project is reviewed by the Planning and Zoning Commission or the Board of Adjustment. For minor projects, such as a yard setback reduction, the approach may be as simple as knocking on neighbors’ doors to discuss the proposed project with them. For a rezoning or subdivision, it may be appropriate to hold a neighborhood meeting or open house to present the project and invite questions and comments from your neighbors. While the Good Neighbor Program does not guarantee specific outcomes, answering neighbors’ questions and hearing their concerns or suggestions may provide the opportunity to developers/applicants to address concerns or objections before the project is reviewed in a public forum. This can minimize controversy and delays when a project is reviewed by the Board of Adjustment, Planning and Zoning Commission, or the City Council. Helpful Tips for a Good Neighbor Meeting What information can you provide that neighbors will find useful? • Background information including a description of your project and the public process it must go through. • Site plans, elevations, models, aerial photos, drawings, etc. This will help them visualize the changes you wish to make. • Information or other resources that discuss the zoning or land development process. The Neighborhood Outreach Coordinator can provide you with this information or is available at www.icgov.org/goodneighbor View it from their perspective: How will neighbors see your project? • Put yourself in the place of the people who surround your property. Will they view your project as an enhancement or unexpected change? • How might your project impact traffic or pedestrian safety in the area? • Does your project enhance or complement existing neighborhood character or does it contrast with what surrounds it? • Will your project alter the natural landscape, impact views, etc.? • Might your project reduce the sense of privacy for a neighboring property owner? Ways to respond to concerns • Listen and be respectful—give people the chance to be heard. • Focus on identifying problems. This meeting is a chance for you to gather input that may be useful to you in getting your project through the review process. The issues that your neighbors raise are often the same issues that may be raised by the Planning and Zoning Commission or the Board of Adjustment. • Be open to options that could be reasonable or affordable ways to alleviate or address problems. • Resolving problems at the meeting is not necessary, but it may be helpful to identify areas where there is some flexibility in your plans. • Know that you won’t necessarily be able to please everyone, but that you are providing an opportunity for dialogue. The neighbors will appreciate your effort and the opportunity to share their views.