Loading...
HomeMy WebLinkAbout02.12.2020 Agenda PacketIOWA CITY BOARD OF ADJUSTMENT MEETING Wednesday, February 12, 2020 – 5:15 PM City Hall, 410 East Washington Street Emma Harvat Hall AGENDA A. Call to Order B. Roll Call C. Consider the January 8, 2020 meeting minutes D. Special Exception Item 1. EXC20-01: An application submitted by Allan Berger of NREP, L.L.C. for a special exception to allow expansion of an animal related commercial facility in the CO-1 zone located at 3030 Northgate Drive. E. Discussion on Public Hearing Process for Special Exceptions F. Adjourn NEXT BOARD OF ADJUSTMENT MEETING: Wednesday, March 11, 2020 If you will need disability-related accommodations in order to participate in this meeting, please contact Anne Russett, Urban Planning at 319-356-5251 or at anne-russett@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. MINUTES PRELIMINARY BOARD OF ADJUSTMENT DECEMBER 8, 2020 – 5:15 PM EMMA J. HARVAT HAZELL, CITY HALL MEMBERS PRESENT: Gene Chrischilles, Ernie Cox, Zephan Hazell, Amy Pretorius MEMBERS ABSENT: Bryce Parker STAFF PRESENT: Susan Dulek, Anne Russett OTHERS PRESENT: Siobhan Harman, Scott McDonough CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Pretorius outlining the role and purpose of the Board and the procedures that would be followed the meeting. CONSIDER THE NOVEMBER 13, 2019 MINUTES: Chrischilles moved to approve the minutes of November 13, 2019. Hazell seconded the motion. A vote was taken and the motion carried 4-0. NOMINATION AND SELECTION OF BOARD CHAIR AND VICE CHAIR: Cox nominated Pretorius to be Board Chair, Chrischilles seconded the motion, a vote was taken and the motion passed 4-0. Hazell nominated Cox to be Vice Chair, Chrischilles seconded the motion, a vote was taken and the motion passed 4-0. SPECIAL EXCEPTION ITEM EXC19-12: An application submitted by Kum & Go, LLC for a special exception to allow for a quick vehicle servicing station in the Riverfront Crossings District in the Riverfront Crossings – South Gilbert (RFC-SG) zone located at the northeast corner of South Gilbert Street and Highland Avenue Pretorius opened the public hearing. Russett began the staff report with a map that shows the project site. It is located at the northeast corner of South Gilbert Street and Highland Avenue. Next Russett showed a zoning map that shows the zoning for the site was recently rezoned to Riverfront Crossings South Gilbert District, that rezoning was approved last month by the City Council. Russett noted there were two conditions that were attached to that rezoning related to access points by closing Board of Adjustment January 8, 2020 Page 2 of 6 access points along South Gilbert Street and reducing the access points along Highland Avenue to one. Currently there is an existing gas station and commercial condos on the site and the applicant is proposing to redevelop the site to expand the floor area of the convenience store, add two additional gas pumps and provide additional parking. The role of the Board of Adjustment is that they are charged with approving, approving with conditions or denying the application based on the facts presented. In order to approve this special exception, the Board must find that it meets all applicable approval criteria both the specific criteria for a quick vehicle servicing station and the general standards for a special exception. Russett first reviewed the applicable specific standards for quick vehicle servicing. Criteria A is that all vehicle use areas including parking and stacking spaces, drives, aisles and service lanes must be screened from the public right of way to the S2 standard and to the S3 standard along any side or rear lot line that abuts the residentially zoned boundary. Russett stated this subject site does not abut any residentially zoned boundaries so the S2 screening would be required and the concept plan shows trees and shrubs screening the parking area, the area along Highland Avenue and Third Street, and a wall screening the parking area along South Gilbert Street. Criteria B states that sufficient vehicle stacking spaces must be provided to prevent congestion and vehicle conflicts along abutting streets. Staff finds that the concept plan shows sufficient stacking and parking to accommodate anticipated traffic volumes and the current access points off of South Gilbert Street create congestion and safety issues due to their proximity to the intersections. Highland Avenue also experiences a significant amount of traffic. To help mitigate these issues a condition as part of the rezoning will restrict access along South Gilbert and allow only one access point along Highland Avenue. Russett showed the concept plan showing no access points along South Gilbert and one access along Highland Avenue. Criteria C states that unenclosed canopies over gas pump islands must be set back at least 10 feet from any street right-of -way and fuel dispensing equipment must be set back at least 10 feet from any street right-of -way, and at least 50 feet from any residential zone boundary. The concept plan submitted shows that the canopy over the gas pump Island is at least 39 feet from the right-of-way, and the site is not within 50 feet of any residential zone boundary. Criteria D states all lighting must comply with the provisions of the outdoor lighting standards. Russett noted that all lighting will be reviewed during the design and site plan review stages and staff will ensure compliance with those standards. Russett noted that criteria E through H do not apply to this special exception as those criteria apply to other zoning districts. Criteria I is for properties located in the Riverfront Crossings District. Vehicle servicing uses are only allowed by special exception in certain locations and must comply with the standards set forth in the Riverfront Crossings Form-Based Code. Compliance with the Riverfront Crossings Form-Based Code Chapter Two Article G will be reviewed during the design review stage. Lastly, Criteria J allows applicants to request waivers from standards and for this application, the applicant has not requested to waive or modify any of the provisions. Board of Adjustment January 8, 2020 Page 3 of 6 Russett next reviewed the general standards. Staff finds that the proposed application meets the general criteria as outlined in the staff report. Russett highlighted Criteria 2, which is 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. Staff finds that the proposal meets this application if one condition is imposed. As the staff report mentioned, the Planning and Zoning Commission had raised concerns about outdoor lighting and noise therefore staff recommends a condition that no amplified sounds such as music or advertising be allowed outside the building. Intercoms may be used under the canopy for customer service only. Staff recommends approval EXC19-12, a proposal submitted by Kum & Go, LLC to redevelop a quick vehicle servicing station on approximately 1.15 acres of property located at the northeast corner of South Gilbert Street and Highland Avenue subject to the following condition: 1. No amplified sound outside of the building aside from customer service intercoms at the gas pumps. Chrischilles asked if there was any concern or any recommendation about lighting or would it just be done by existing code. Russett confirmed it would be done in compliance with existing code, staff is not recommending a condition be applied for lighting. Cox asked if staff anticipates any change in zoning to the lots to the north that are currently intensive commercial. Russett stated they don't currently have any applications for rezoning but it is within the Riverfront Crossings District. Cox asked what are some possible changes that could happen there. Russett stated it is hard to know what may happen there but it is in the Riverfront Crossings District and there could be a future application. Cox asked if the future application could be residential. Russett noted that the Riverfront Crossings District would allow for mixed use. Pretorius invited the applicant to speak to the Board. Siobhan Harman (Real Estate Development Manager, Kum & Go, LLC) the staff report was very complete and hit the high points such as condensing accesses. Harman does question why no amplified sound outside. Russett stated that at the Planning and Zoning Commission meeting the Commission expressed concerns about both lightening and noise and staff felt through this special exception that condition was appropriate and justified due to those concerns and due to potential impacts on future residential uses in the neighborhood. Harman stated they have music at other stores that plays outside as well as other businesses in Iowa City that play music outside. When they play the music outside at the pumps it is not at a volume that is a noise hazard to anyone else. They have other stores in Iowa City that are in residential neighborhoods, they had one incident of complaints about sound, which was due to a malfunction, so they repaired it and brought the sound back down to the appropriate level. Other than that they have not had other complaints about the music at the pumps. It is no different than having music playing in someone’s yard, it must be kept at a reasonable level or Board of Adjustment January 8, 2020 Page 4 of 6 else it is a noise hazard. Harman said Kum & Go will comply with the condition but wanted to go on record it doesn’t appear to be a condition they need as this business will be in a very commercial area. Cox noted a good neighbor meeting was held on October 23 and asked if anyone at that meeting expressed concerns about the sound issue? Harman replied no. Chrischilles asked if a quick vehicle service is just gasoline basically. Harman stated quick vehicle service encompasses other auto related uses, but for Kum & Go it would strictly be for the sale of gas. Chrischilles asked about other automobile related items, oil and stuff like that. Harman said they don't change oil so cars wouldn't be serviced but they do sell those items inside as part of the retail, things such as oil and windshield wiper fluid. Harman also stated that in regard to the noise, at the last meeting there was one person opposed to music, but nobody else on that board was opposed to the music. Russett stated staff did look back at the special exception that was approved for the Kum & Go on Riverside and Benton and a similar condition was imposed for that special exception as well. Harman noted she believes they do have outside music at that location and they haven't had any complaints. She will have to go back and revisit that. Pretorius stated since there's no residential currently nearby could this be something that's reviewed on a yearly basis. She is also curious about the decibels of the music, for instance, can it even be heard past the sidewalk on the property itself. Can the Board stipulate decibel levels. Harman stated they wouldn't have a problem with that, if people thought it was a problem they would correct it. Kum & Go has proven they respond to public opinion, someone noted they didn't like the hallway at Riverside and Benton and they had that fixed and cleaned out within hours. They want to be a good neighbor as those are their customers. They just put music in their stores a couple years ago, they have 400 stores and didn't retrofit all of them, just ones that were within a certain prototype and newer. They also changed their slogan to “making days better” and there are studies that show music does make people happy, it stimulates their brains. Cox asked how these exceptions are enforced. Dulek stated it's enforced through a municipal infraction because this becomes the zoning code. Assuming that condition says you can't do x and the applicant is doing x and staff would say, please stop doing x and if they don't, then you move to a citation. Eventually, you get a court order to do it if the applicant continues to balk just like any other zoning matter. Harman stated Kum & Go has shown that they’ve worked hard with the City on every project they’ve done, they've dedicated right-of-away back to the City, such as on this project as well. They are a great neighbor in the community, any food in their stores that doesn't sell within a certain timeframe is repurposed out into the community to the food banks, the schools, and other nonprofits where needed. They are a very sustainable company, they are committed to not putting as much into the landfill, recycling, all of those things that are very consistent with the values of Iowa City. Board of Adjustment January 8, 2020 Page 5 of 6 Cox stated his biggest concern with not having this exception is just that this is a permanent exception that sits on that property forever and there are concerns coming from other boards. Music can still be played inside, but not having it outside is not going to make it or break it, especially not knowing what this neighborhood will look like in the future. Hazell asked again what the rationale was from the Planning and Zoning for recommending this exception. Russett noted the concerns with the neighborhood changing, there could be future residential neighborhoods in the area and things like noise could impact those neighbors. Now's the time to impose a condition to ensure that it doesn't become an issue in the future. Cox stated with that in mind, a more significant concern for him would be that potentially the northern boundary of this lot could become residential and that changes the standard entirely for screening. Russett stated the screening standard is for residentially zoned properties and Riverfront Crossings is not considered a residential zone. Hazell asked what are the types of businesses that allow amplified music outside? Russett said it is seen a lot at gas station. Harman stated it is seen usually at businesses where the customer is outside, so it could be a quick casual restaurant where there's a patio outside, like a BBops or Sonic, they have music outside. Or it could be a really nice restaurant with a patio that's playing music for their customers during dinner hour. Hazell believes Iowa City does not have those types of places. Dulek said it is not illegal unless it rises to a certain level where it starts disturbing the neighborhood but for example in the sidewalk cafes they do not allow it, but in downtown for example, there is the Sports Column that opens up its windows so the music comes from the inside and they can do that Chrischilles noted Film Scene has an exception. Dulek confirmed that was correct and noted there are a few exceptions for certain uses downtown Chrischilles asked Harman if they have obtained all the property involved in this rebuilding and the plans presented here would be fulfilled. Harman replied it is all under contract and if approved tonight, the tenants will be put on notice and they would rebuild this summer and be open by the end of the year. Hazell noted that Big Grove, which is in the same area, has a giant outdoor area with music and residential units nearby. That's the same zone and it’s allowed but they’re putting an exception on this application. Pretorius stated she never even noticed when she’s at the gas station if there's music playing. If it is, it's clearly not loud enough that it distracts her. She agrees it seems odd to restrict something based on a hypothetical future potential. Board of Adjustment January 8, 2020 Page 6 of 6 Hazell notes this application is a dramatic improvement on this lot and continues to move this section of town and the development forward. This application deals with traffic flows particularly well. Scott McDonough (10 Bellavista Place) is one of the property owners that will be bought out and he just wanted to point out the Riverside Dairy Queen does have outside music playing, 50s music, it's pretty loud, but cheery, fun, good environment. Pretorius closed the public hearing. Chrischilles moved to approve EXC19-12, a proposal submitted by Kum & Go, LLC to redevelop a quick vehicle servicing station on approximately 1.15 acres of property located at the northeast corner of South Gilbert Street and Highland Avenue subject to the following condition: 1. No amplified sound outside of the building aside from customer service intercoms at the gas pumps. Hazell seconded the motion. Hazell questions whether the Board wants to impose the condition regarding amplified sound. Pretorius asked if they could approve it on a temporary basis and as soon as residential on any neighboring lot does eventually happen it could be revisited. Dulek stated there no way to do that, there would need to be a condition on residential, and you'd have to define what you mean by residential. So that that that's the challenge. Cox doesn’t believe this condition matchs what is already happening in this area with new developments. This is a significant project and this condition seems kind of petty, particularly if they're willing to make adjustments to how it's being used in response to public input, and why wouldn't they, they're, they're there to do business. Cox doesn’t think that condition is necessary. Big Grove is literally in the same zoning area and it doesn’t have this condition. Cox stated regarding agenda item EXC19-12 he concurs with the findings set forth in the staff report of this meeting date, January 8 2020, and concludes that 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 for the approval of this proposal, removing the condition that no amplified sound is allowed outside of the building. A vote was taken and the motion carried 4-0. Pretorius 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. ADJOURNMENT: Chrischilles moved to adjourn this meeting, Cox seconded, a vote was taken and all approved. BOARD OF ADJUSTMENT ATTENDANCE RECORD 2020 NAME TERM EXP. 1/8 CHRISCHILLES, GENE 12/31/2022 X COX, ERNIE 12/31/2020 X HAZELL, ZEPHAN 12/31/2021 X PARKER, BRYCE 12/31/2024 0/E PRETORIUS, AMY 12/31/2023 X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member 1 STAFF REPORT To: Board of Adjustment Prepared by: Jade Pederson, Planning Intern Item: EXC20-01 Date: February 12, 2020 Parcel Number: 0736428001 GENERAL INFORMATION: Applicant: Allan Berger NREP, L.L.C. 3030 Northgate Drive, Suite B Iowa City, IA 52245 (319-321-5029) allanbergerhome@gmail.com Contact Person: Thomas McInerney 1208 Marcy Street Iowa City, IA 52240 (319)-331-0365 macarchitect@me.com Property Owner(s): NREP, L.L.C. Requested Action: Special exception to allow expansion of an Animal Related Commercial Facility in the CO-1 zone. Purpose: To allow the construction of four accessory structures with solar panels on the roof. Location: 3030 Northgate Drive Location Map: Size: 87,051 square feet 2 Existing Land Use and Zoning: Commercial, CO-1 – Commercial Office Surrounding Land Use and Zoning: North: CO-1 – Commercial Office (Agricultural) ID-RP – Interim Development Research Park (Agricultural) South: CO-1 – Commercial Office (Commercial) ID-RP – Interim Development Research Park (Agricultural) East: ID-RP – Interim Development Research Park (Agricultural) West: CO-1 – Commercial Office (Commercial and Agricultural) Applicable Code Sections: 14-4B-3: General Approval Criteria 14-4B-4B-2: General Animal Related Commercial Uses in CN-1, CO-1, CC-2, and CB-5 Zones File Date: January 10, 2020 BACKGROUND: The commercial property located at 3030 Northgate Drive has general and intensive animal related commercial as well as general and medical office uses and contains a veterinary practice, a kennel, offices for professional counseling services, and an orthopedic medical office. All general animal related uses in the Commercial Office (CO-1) zone are permitted only by special exception. The applicant, Allan Berger, previously filed an application for a special exception to allow a small animal clinic in this zone, which the Board of Adjustment granted in 2005, EXC05-00002 recorded March 23, 2005, in Book 3855, Page 519 in the office of the Johnson County Recorder, The applicant has now requested to expand the general animal related commercial use, which requires a special exception. This would allow the construction of four accessory structures. these structures are intended for storage for the occupants of the primary building. The applicant has stated that the use of these accessory buildings is not to house animals. As for the envisioned storage use, landscaping equipment, building materials, records, and furnishing and additional equipment were listed as possible items to be stored. In total, seventy-two cell solar panels would be installed on the roofs of these structures to increase the capacity of solar power generation on the property. Power generated from these panels would be used for the Counseling Center of Iowa City, a professional counseling service currently located in the primary building, and building lighting and temperature control systems. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare; to conserve and protect the value of property throughout the city; and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the specific criteria included for Section 14-4B-4B-2, pertaining to General Animal Related Commercial in CN- 1, CO-1, CC-2, CB-2, And CB-5 Zones, as well as the General Standards laid out in Section 14- 4B-3. In order for the Board of Adjustment to grant this special exception request, each of the following criterion below must be met. The burden of proof is on the applicant, and their comments 3 regarding each criterion may be found on the attached application. Staff comments regarding each criterion are set below. Specific Standards: 14-4B-4B-2: General Animal Related Commercial in CN-1, CO-1, CC- 2, CB-2, And CB-5 Zones: All aspects of the operation of the facility, including any accessory uses must be conducted completely indoors within a soundproof building. FINDINGS: • Operation of the animal related commercial uses will remain in the portion of the primary building containing the veterinary clinic, as determined in EXC05-00002, which is soundproofed. • The application indicates that the accessory structures will not be used for the storage of animals. Staff recommends that soundproofing the structures not be required subject to the condition that the accessory structures will not be used to house or care for animals. General Standards: 14-4B-3: Special Exception Review Requirements: In order for the Board of Adjustment to grant this special exception request, each of the following criterion below must be met. The burden of proof is on the applicant, and their comments regarding each criterion may be found on the attached application. Staff comments regarding each criterion are set below. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. FINDINGS: • Existing on-site commercial uses will remain the same. • The expansion of use will not increase traffic to the site. • An existing maintenance shed, which has been broken into, will be removed with the construction of the proposed buildings. The new structures will be more secure. 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. FINDINGS: • The properties to the north, east, and west of the subject property are undeveloped. • Animal related use will remain in the existing building and not be expanded into the proposed accessory structures. • The proposed accessory structures are setback at a minimum of 15 feet 7 inches from the adjacent properties. 4 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. FINDINGS: • The development or improvement of the surrounding properties will not be impacted by the proposed structures. • The structures will be located behind the existing building and away from the street and previous development. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: • The subject property already has access to all necessary utilities and facilities. • Additional electrical service will connect to the primary building to utilize the power generated by the solar panels. • An internal storm water drainage system connected to the existing primary building’s system shall be provided as required by the Subdivider’s Agreement for the Highlander Development Third Addition. The storm water management plans will be reviewed to ensure compliance with the Subdivider’s Agreement and applicable City codes as part of the site plan review process. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • The current site has two separated parking areas each with access from Northgate Drive. • The proposed area for the accessory structures connects to only the upper east parking lot, which is behind the primary building. • No changes are being proposed to the existing parking or access. 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. FINDINGS: • The proposed accessory buildings have a floor area that is 6.3% of the total floor area of the existing building on the property which falls well below the 40% cap. • Setback requirements are met by the proposed detached accessory structures. • Building separation between the principal building and detached accessory structures as well as between the detached accessory structures is met as portrayed on the site plan. 5 • The proposed structures comply with the maximum height standards of the CO-1 zone. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: • The Future Land Use Map of the Comprehensive Plan designated this area for Office Commercial. The current designation of this property is consistent with the Comprehensive Plan and will not change because of the proposed exception. • The Comprehensive Plan encourages the responsible use of natural and energy resources. STAFF RECOMMENDATION: Staff recommends approval of EXC20-01, a proposal submitted by Allen Berger, NREP, L.LC. to expand an animal related commercial use in the Commercial Office (CO-1) zone at the property located at 3030 Northgate Drive subject to the following condition: 1. The accessory structures shall not contain animal related commercial uses; and therefore, the accessory structures do not need to meet the soundproofing requirement. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Application Materials Approved by: _________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services HIGHWAY1 NENORTHGATE DR 80WBTONDODGE ST MOSS RIDGE R D 80 EB TO NDODGE ST N D O D G E S T T O 80 WB LYNDEN HEIGHTS RD ACTD R LYNDEN DR NEHIGHWAY 1 NEHARVEST RD SENDODGESTSBTO80WBNDODGEST340TH ST NE NDODGESTN D O D G E S T N B T O 8 0 E B INTERSTATE 80 L Y N DENHEIGHTSRDN E ACT RD EXC20-013030 Northgate Driveµ 0 0.15 0.30.075 Miles Prepared By: Jade PedersonDate Prepared: Jan 2020 An application submitted by Allan Berger on behalf NREP, L.L.C. for a special exception to allow expanded use within a Commercial Office (CO-1) zone for approximately 87,051 square feet of property located at 3030 Northgate Dr. R AHIGHWAY1 NENORTHGATE D R80 WB TO N DODGE ST MOSS RIDGE R D 80 EB TO NDODGE ST N D O D G E S T T O 80W B LYNDEN HEIGHTS RD ACTD R LYNDE N DR NEHIGHWAY 1 NEHARVEST RD SENDODGESTSBTO80WBNDODGEST340TH ST NE N DODGE STN D O D G E S T N B T O 8 0 E B INTERSTATE 80 INTERSTATE 80 L Y N DENHEIGHTSRDN E ACT RD ID-RP CH1 ORP RDP ID-RS CO1 EXC20-013030 Northgate Driveµ 0 0.15 0.30.075 Miles Prepared By: Jade PedersonDate Prepared: Jan 2020 An application submitted by Allan Berger on behalf NREP, L.L.C. for a special exception to allow expanded use within a Commercial Office (CO-1) zone for approximately 87,051 square feet of property located at 3030 Northgate Dr. Iowa City Limits Iowa City Limits