HomeMy WebLinkAbout2023-11-08 BOA Agenda PacketIOWA CITY BOARD OF ADJUSTMENT
Wednesday, November 8, 2023 – 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
Agenda:
1. Call to Order
2. Roll Call
3. Special Exception Item
a. EXC23-0008: An application submitted by Missie Forbes of Community Coordinated
Child Care (4Cs) requesting a special exception to allow a daycare use in a Low
Density Single-Family Residential (RS-5) zone for the property located at 1839 B
Street.
b. EXC23-0004: A request submitted by Jennifer Colville (Porch Light Literary Centre)
to extend the deadline for the condition that 4 bicycle parking spaces be installed in
compliance with Article 14-5A of the Zoning Code within 6 months of the date a
decision of the Board of Adjustment was filed for EXC23-0004, a special exception
approved to allow a religious/private group assembly use in a Neighborho od
Stabilization Residential (RNS-12) zone and to reduce the setback requirements at
1019 E. Washington Street.
4. Consideration of Meeting Minutes: July 12, 2023
5. Adjournment
If you need disability-related accommodations in order to participate in this meeting, please
contact Kirk Lehmann, Urban Planning at 319 -356-5247 or at klehmann@iowa-city.org.
Early requests are strongly encouraged to allow sufficient time to meet your access needs.
Upcoming Board of Adjustment Meetings
Formal: December 13 / January 10 / February 14
Informal: Scheduled as needed.
November 8, 2021
Board of Adjustment Meeting
EXC23-0008
ITEM 3A ON THE AGENDA
Staff Report
Prepared by Staff
1
STAFF REPORT
To: Board of Adjustment
Item: EXC23-0008
Parcel Number: 1014130004
Prepared by: Kirk Lehmann, Associate Planner
Date: November 8, 2023
GENERAL INFORMATION:
Applicant: Missie Forbes
4Cs: Community Coordinated Child Care
1500 Sycamore Street
Iowa City, IA 52240
Contact Person: Missie Forbes
4Cs: Community Coordinated Child Care
1500 Sycamore Street
Iowa City, IA 52240
missie@iowa4cs.com
Property Owner(s): Eureka Lodge #44
Independent Order of the Odd Fellows
1839 B Street
Iowa City, IA 52245
Requested Action: Approval of a special exception to allow a daycare use in a
Low Density Single-Family Residential (RS-5) zone
Purpose: Establishment of a new daycare center
Location: 1839 B Street
Location Map:
Size: 26,524 square feet
2
Existing Land Use and Zoning: Institutional; Low Density Single Family Residential (RS-5)
Surrounding Land Use and Zoning North: Residential; Low Density Single Family
Residential (RS-5)
East: Residential; Low Density Single Family
Residential (RS-5)
South: Residential; Low Density Single Family
Residential (RS-5)
West: Residential; Low Density Single Family
Residential (RS-5)
Applicable Code Sections: 14-4B-3A: General Approval Criteria
14-4B-4D-7: Daycare Uses
File Date: September 28, 2023
BACKGROUND:
The applicant, 4Cs Community Coordinated Child Care, has an offer to purchase the subject
property at 1839 B Street for use as a daycare for up to 120 children. The subject property and
surrounding neighborhood are currently zoned Low-Density Single-Family Residential (RS-5) which
allows a daycare use by special exception. The applicant has indicated that many of its slots would
be available to low- and moderate-income families receiving childcare assistance vouchers.
The subject property was developed prior to its current zoning designation. The existing structure
was built c. 1960 as a church and has been used as a fraternal lodge by the Independent Order of
Odd Fellows since 1974. The property is unusual in that it includes undeveloped land in the rear of
the property that is separated from the rest of the lot by a public alley. In addition, several elements
of the site do not comply with current zoning standards because it was developed under a different
zoning code.
The applicant proposes several site improvements. These include converting the existing drive to
be one directional, adding a pedestrian connection through the site, adding new landscaping buffers
to parking areas north of the alley, and adding a new parking area and outdoor play area south of
the alley. Existing site development that is currently non-conforming is legally allowed to continue
so long as no structural changes are made to the building.
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 in Section 14-4B-4D-7, pertaining to daycare uses, as well as the general
approval criteria in Section 14-4B-3A.
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.
3
Specific Standards: 14-4B-4D-7: Daycare Uses:
a.Required Interior Activity Areas: Child daycare centers must contain at least thirty
five (35) square feet of usable interior floor space per child. Adult daycare centers
must contain a minimum of sixty (60) square feet of usable floor area per adult
client. An additional twenty (20) square feet of floor area is required for every adult
client who uses ambulatory aids. Reception areas, kitchens, storage areas, offices,
bathrooms, hallways, treatment rooms, and specialized areas used for therapy are
excluded when calculating the required floor area. The dining area may only be
included in the square footage calculation if used by daycare participants for
activities other than meals. When collocated in a facility that houses other uses or
services, the proposed daycare use must have its own separate identifiable space
for program activities during operational hours.
FINDINGS:
•The subject property has approximately 7,785 square feet of usable interior floor space
which could accommodate up to 222 children.
•The applicant proposes using the subject property for a daycare use with 120 children,
which is well below the maximum allowed based on the usable interior floor space.
b.Required Outdoor Areas: Child daycare uses must provide a fenced outdoor play
area of not less than one hundred (100) square feet per child based on the maximum
number of children that will be using the outdoor play area at any given time. The
outdoor play area must meet the following standards:
(1)Playground equipment is not permitted within the front and side setbacks.
(2)Outdoor play areas must be well drained, free from hazards, and readily
accessible to the daycare center. In residential zones, outdoor play areas must
be completely enclosed by a fence at least four feet (4') in height. In commercial
and industrial zones, the outdoor play area must be completely enclosed by a
fence built to the S4 standard and be screened along the perimeter of the fence
to the S3 standard. (See chapter 5, article F, "Screening And Bufferin g
Standards", of this title.) The city may waive the screening requirement if it is
determined that land uses surrounding the daycare use will not pose a nuisance
or safety hazard to the children such that a screening buffer is necessary.
FINDINGS:
•The subject property is zoned Low Density Single-Family Residential (RS-5).
•All playground equipment is located outside of front and side setback areas.
•The site plan includes an outdoor play area of approximately 2,156 square feet which
can accommodate up to 21 children at one time.
•The outdoor play area is enclosed by a 4-foot-tall fence, is free from hazards, and is
accessible by a pedestrian path with a demarcated crossing over the alley.
•The subject property is within easy walking distance of Chadek Green Park.
c.Vehicular Circulation: The use must provide a drop off/pick up area in a location
that is convenient to or has good pedestrian access to the entrance to the facility.
This drop off/pick up area must contain sufficient stacking spaces and/or parking
spaces to ensure that traffic does not stack into adjacent streets or other public
rights of way. (See minimum parking requirements for daycare in section 14-5A-4,
4
table 5A-2 of this title.) To promote safe vehicular circulation, one-way drives are
encouraged.
FINDINGS:
•Most traffic is expected to flow in one direction through the site with vehicles accessing
the subject property from B Street, continuing south through the property, and exiting
east through the alley towards 5th Avenue. The alley is currently unimproved, so staff
recommends a condition that 4Cs improve the alley from the property east to 5th
Avenue prior to occupancy to ensure safe and efficient travel through the site. Like all
residential alleys, adjacent property owners including 4Cs will be responsible for
ongoing maintenance, including snow clearance.
•The subject property has 29 parking spaces, including 15 spaces south of the alley, 9
existing nonconforming spaces just north of the alley, and 5 existing nonconforming
spaces in front of the building.
•The site has 7 loading spaces west of the building on a 9-foot wide, one direction drive.
•All parking and stacking spaces are connected to the building with pedestrian routes.
•Daycare uses require 1 parking space per employee based on the maximum number
of employees at the site at any 1 time, plus 1 parking space for each 10 children served
based on the maximum number of children present on the site at any one time, plus 1
stacking space for each 20 children served based on the maximum number of children
present on the site at any one time.
•Stacking and parking spaces are adequate to accommodate 120 children, in
addition to 17 staff members. However, the final required number of parking spaces
will be determined by staff-to-children ratios which could vary over time.
•The applicant anticipates that many families and staff will access the site by walking,
biking, or bus. The subject property is less than a quarter mile (5-minute walk) from
the nearest transit stop.
•The site plan shows bicycle parking that meets the minimum requirement of 4 spaces.
d.Pedestrian Circulation: A sidewalk must be constructed connecting the main
entrance of the center to the adjacent public right of way. Pedestrian access must
be clearly separated or distinguished from vehicular circulation areas to minimize
the extent to which users of the facility are required to walk across drives or aisles
to gain access to the daycare center.
FINDINGS:
•The subject property has a sidewalk from the main entrance to the public right of way.
•There is currently no sidewalk along the B Street right of way near the subject property.
•The site plan proposes new sidewalks with raised curbs through the property along the
west and south sides of the building that help minimize the extent to which users must
walk across drives or aisles. Staff recommends a condition that any new pedestrian
routes through the site have a raised curb to help ensure pedestrian safety.
e.Site Development Standards: If the proposed use is located in a residential zone or
in the central planning district, it must comply with the multi-family site
development standards as set forth in section 14-2B-6 of this title. Daycare facilities
that are accessory uses are exempt from this provision.
FINDINGS:
5
•The proposed use is in a residential zone in the Central Planning District, so it must
comply with the multi-family site development standards.
•The building and site meet some multi-family site development standards but do not
comply with standards related to the location and design of surface parking (Section
14-2B-6C), mechanical equipment (Section 14-2B-6H), and additional standards in the
Central Planning District (Section 14-2B-6I), specifically regarding the location of
parking areas, required setbacks for parking areas and drives, landscaping between
parking areas and ground floor windows, location of mechanical equipment, and the
windows and architectural style of the building.
•All existing noncompliant features are either considered elements of a non-conforming
structure or non-conforming development, which allow a change in use provided the
change does not increase or extend the degree of nonconformity.
•All changes to the site being proposed as part of this special exception do not increase
or extend the degree of non-conformities on the site, and new site elements comply
with current zoning requirements.
General Standards: 14-4B-3: Special Exception Review Requirements:
1.The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
FINDINGS:
•The existing building and site characteristics are well suited to a daycare use.
•Potential negative impacts due to increased traffic is mitigated as discussed below.
•The proposed use will provide services that are beneficial to the neighborhood.
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 proposed daycare use will primarily be in an existing building, and outdoor play
areas are relatively small and set back and screened from adjacent properties which
will help mitigate noise impacts.
•Additional traffic is likely to be generated by the proposed use during business hours,
but the proposed traffic flow, site layout, and recommended conditions will mitigate
potential negative impacts.
•New parking areas south of the alley are adequately set back and screened from
abutting uses.
•Existing parking areas and drives are currently not screened from adjacent properties
as part of a legal nonconforming development, but the site plan shows new
landscaping to buffer parking from and provide additional privacy to abutting uses.
Staff recommends this new S2 screening be required along the property lines of
existing parking areas as a condition of approval in line with current zoning standards.
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:
6
•The surrounding area is already a fully developed residential neighborhood.
•The proposed use will occupy an existing structure that has been in the neighborhood
since 1960 and will provide beneficial services that will not substantially impact the
development or improvement of surrounding property.
•Conditions help mitigate potential negative effects for surrounding properties.
4.Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
•The subject property and neighborhood are already developed, so all utilities, access
roads, and necessary facilities are established.
•This neighborhood was largely developed without sidewalks, but there is a pedestrian
connection to the right of way and through the site.
•Conditions help ensure infrastructure can handle an increase in traffic volumes.
•Any changes to the site features will be evaluated for compliance with City standards
at site plan and building permit review, including standards regarding drainage.
5.Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
•The front of the site is accessed from B Street and the rear is accessed from an alley
that enters/exits onto Garden Street and 5th Avenue.
•Most traffic is expected to flow in one direction through the site with vehicles accessing
the subject property from B Street, continuing south through the property, and exiting
east through the alley towards 5th Avenue.
•Some staff and drop off traffic will utilize the alley to access additional parking spaces
in the rear of the building which are connected to the building with a pedestrian route
and demarcated crossing in the alley.
•Signage and pavement markings will help direct traffic through the site.
•Conditions will ensure the alley can handle anticipated traffic volumes prior to
occupancy of the site.
•No changes are proposed to the existing street or drive on the portion of the property
north of the alley, other than adding a pedestrian route through the site and new
landscaped buffers. New parking on the portion of the property south of the alley
complies with all current standards.
•The applicant anticipates that many families and staff will access the site by walking,
biking, or bus. The subject property is less than a quarter mile (5-minute walk) from
the nearest transit stop and provides bicycle parking.
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 subject property meets most standards of the RS-5 zone.
•Elements that do not meet current standards may continue as legal non-conformities
because a change of use is allowed by Article 14-4E ‘Nonconforming Situations’ of the
7
City Code where no structural alterations are being proposed. Examples of legal non-
conformities include 9 parking spaces that back directly into an alley, the width of the
parking aisle in front of the building, the building encroachment in the side setback,
and the location of parking lot trees, in addition to legal non-conformities related to the
multi-family site development standards discussed in the specific approval criteria.
•Some elements of the site will be brought into compliance with current standards due
to proposed conditions, such as new landscaping buffers along property lines.
•Staff will ensure all new elements and any future changes comply with relevant
standards during building permit and site plan review.
7.The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
FINDINGS:
•The Comprehensive Plan Future Land Use Map shows this area as Residential (2-8
dwelling units per acre), and the Central District Plan Future Land Use Map of the
Central District Plan shows this area as Private Institutional.
•The Comprehensive Plan generally supports providing goods and services within
convenient walking distance for residents in the immediate area.
•The proposed exception would convert a religious/private group assembly use to a
daycare use, both of which are classified as private institutional uses and are
consistent with the City’s Comprehensive Plan.
STAFF RECOMMENDATION:
Staff recommends approval of EXC23-0008 to allow a daycare use in a Low Density Single-
Family Residential (RS-5) zone for the property located at 1839 B Street, subject to the following
conditions:
1.Design improvements to the alley from the area abutting the subject property to 5th Avenue
in the east, in addition to any pedestrian crossings, to the satisfaction of the City Engineer
prior to site plan approval. Alley improvements must be accepted by the City Engineer
prior to issuance of a Certificate of Occupancy.
2.Provide screening to the S2 standard between parking areas and adjacent properties
along the east and west property lines as shown in the site plan dated October 31, 2023
3.Any new pedestrian routes through the site that directly abut parking areas shall be
separated by a raised curb or barrier that is a minimum of five inches (5”) in height.
ATTACHMENTS:
1.Location Map
2.Zoning Map
3.Correspondence
4.Application Materials
Approved by: _________________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
November 8, 2021
Board of Adjustment Meeting
EXC23-0008
ATTACHMENT 1
Location Map
Prepared by Staff
An application submitted by 4Cs
requesting a �pecial exception for
a daycare use in a Low-Density
Single Family Residential Zone
(RS-S).
November 8, 2021
Board of Adjustment Meeting
EXC23-0008
ATTACHMENT 2
Zoning Map
Prepared by Staff
An application submitted by 4Cs
requesting a special exception for
a daycare use in a Low-Density
Single Family Residential Zone
(RS-S).
,.
November 8, 2021
Board of Adjustment Meeting
EXC23-0008
ATTACHMENT 3
Correspondence
Submitted by the Identified Party
1
Kirk Lehmann
From:Rosanna Seabold <rmseabold@gmail.com>
Sent:Wednesday, October 25, 2023 6:42 PM
To:Kirk Lehmann
Subject:Special exception for 1839 B street day care
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Hello Kirk - Thank you for contacting us about the special exception for the 1839 B street property in our neighborhood.
We fully support the exception to allow 4Cs daycare to repurpose this building in the RS-5 zone. We are familiar with 4Cs
and the incredible work they do for our community. We feel it is an appropriate use for the building with ample parking
and area to allow safe drop off and pick ups for families. In addition, the newly finished playground and green space in
Chadek park offers an excellent amenity for the daycare.
We appreciate the opportunity for these comments to be considered by the board.
Sincerely,
Rosanna and Mark Seabold
1724 Muscatine Ave, Iowa City, IA 52240
November 8, 2021
Board of Adjustment Meeting
EXC23-0008
ATTACHMENT 4
Special Exception Application
Submitted by the Applicant
Project Description:
establishment of a new childcare center.
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9' (TYP.)
8' (TYP. COMPACT)
22'
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APPROXIMATE
PROPERTY LINE
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PROPOSED
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EXISTING SIDEWALK
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20' REAR SETBACK
PROPOSED PAVEMENT MARKINGS BASED ON
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BICYCLE PARKING
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EXISTING STEPS AND
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APPROXIMATE PLAYGROUND
EQUIPMENT EXTENTS (20'X20')
APPROXIMATE PLAYGROUND
EQUIPMENT EXTENTS (20'X20')
20' FRONT SETBACK
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PROPOSED STREET TREES
4 C's DAYCARE
2229 E Grantview Lane, Suite 2
Coralville, Iowa 52241
P 319-626-9090
SITE INFORMATION AND ZONING REQUIREMENTS:
ADDRESS: 1839 B STREET, IOWA CITY, IOWA 52245
ZONE: RS-5
LOT AREA: 26,261 SF
TOTAL BUILDING AREA: 10,580 SF
TOTAL USABLE INTERIOR FLOOR SPACE: 7,786 SF
PROPOSED USE: DAYCARE FACILITY
DEVELOPMENT STANDARDS PER ARTICLE 14-2B-6 -
MULTIFAMILY SITE DEVELOPMENT STANDARDS
PROPOSED # OF CHILDREN: 120
PROPOSED # OF STAFF: 17
DIMENSIONAL REQUIREMENTS:
MIN. LOT SIZE: 8,000 SF
LOT WIDTH: 60 FT
FRONTAGE: 45 FT
MAX. HEIGHT: 35 FT
MIN. WIDTH: 20 FT
MIN. OPEN SPACE REQUIREMENTS: N/A
PARKING REQUIREMENTS:
1 SPACE PER EMPLOYEE + 1 SPACE PER 10 CHILDREN + 1
SPACE PER 20 CLIENTS/CHILDREN SERVED
BICYCLE PARKING REQUIREMENTS:
10 PERCENT
LANDSCAPE REQUIREMENTS:
1.) A BUFFER AREA OF AT LEAST TEN FEET IN WIDTH AND
LANDSCAPED TO S1 STANDARD MUST BE PROVIDED BETWEEN
PARKING AREA AND ADJACENT PROPERTIES AND BETWEEN
ANY PARKING AREA AND STREET RIGHTS OF WAY
2.) A BUFFER AREA AT LEAST FIVE FEET IN WIDTH AND
LANDSCAPED TO THE S1 STANDARD MUST BE PROVIDED
BETWEEN ANY PARKING AREA CONTAINING MORE THAN EIGHT
PARKING SPACES AND AN ADJACENT AREA
PARKING PROVIDED:
LOADING SPACES: 7 STALLS
STANDARD STALLS: 19 STALLS
COMPACT STALLS: 8 STALLS
ADA ACCESSIBLE STALLS: 2 STALL
TOTAL (EXCLUDING LOADING SPACES): 29 STALLS
0 202010
10/31/2023
317 sf
364 sf 265 sf
1,883 sf
900 sf
LOWER LEVEL
3,730 sf
317 sf
325 sf
265 sf
722 sf
544 sf 1,883 sf
UPPER LEVEL
4,056 sf
7. Daycare Uses:
a. Required Interior Activity Areas: Child daycare centers must contain at least
thirty five (35) square feet of usable interior floor space per child. Adult daycare centers
must contain a minimum of sixty (60) square feet of usable floor area per adult client. An
additional twenty (20) square feet of floor area is required for every adult client who
uses ambulatory aids. Reception areas, kitchens, storage areas, offices, bathrooms,
hallways, treatment rooms, and specialized areas used for therapy are excluded when
calculating the required floor area. The dining area may only be included in the sq uare
footage calculation if used by daycare participants for activities other than meals. When
collocated in a facility that houses other uses or services, the proposed daycare use
must have its own separate identifiable space for program activities during operational
hours.
We will meet or exceed this requirement . We anticipate having 100 children in
this space, therefore meeting this requirement.
b. Required Outdoor Areas: Child daycare uses must provide a fenced outdoor
play area of not less than one hundred (100) square feet per child based on the
maximum number of children that will be using the outdoor play area at any given time.
The outdoor play area must meet the following standards:
(1) Playground equipment is not permitted within the front and side setbacks.
(2) Outdoor play areas must be well drained, free from hazards, and readily
accessible to the daycare center. In residential zones, outdoor play areas must be
completely enclosed by a fence at least four feet (4') in height. In commercial and
industrial zones, the outdoor play area must be completely enclosed by a fence built to
the S4 standard and be screened along the perimeter of the fence to the S3 standard.
(See chapter 5, article F, "Screening And Buffering Standards", of this title.) The city
may waive the screening requirement if it is determined that land uses surrounding the
daycare use will not pose a nuisance or safety hazard to the children such that a
screening buffer is necessary.
In our submitted site plan, we have allocated 2156 square feet in the back parcel
of the property that can accommodate 20 children in the space at one time. We
will also fence part of the front of the property for outdoor use with no play
equipment so that multiple classrooms can be outside at one time, if needed.
c. Vehicular Circulation: The use must provide a drop off/pick up area in a
location that is convenient to or has good pedestrian access to the entrance to the
facility. This drop off/pick up area must contain sufficient stacking spaces and/or parking
spaces to ensure that traffic does not stack into adjacent streets or other public rights of
way. (See minimum parking requirements for daycare in section 14-5A-4, table 5A-2 of
this title.) To promote safe vehicular circulation, one-way drives are encouraged.
As the site plan shows, 9 stalls at the back of the building are for
loading/unloading; The stacking spots at the side of the building are for
circulation and accessible spots in the front are a part of city code that requires
accessible parking.
d. Pedestrian Circulation: A sidewalk must be constructed connecting the main
entrance of the center to the adjacent public right of way. Pedestrian access must be
clearly separated or distinguished from vehicular circulation areas to minimize the
extent to which users of the facility are required to walk across drives or aisles to gain
access to the daycare center.
As the site plan shows, there is a dedicated crosswalk at the back of the building
that leads to the fenced in playground area
e. Site Development Standards: If the proposed use is located in a residential
zone or in the central planning district, it must comply with the multi-family site
development standards as set forth in section 14-2B-6 of this title. Daycare facilities that
are accessory uses are exempt from this provision.
We will comply with the site development standards as it relates to this code.
A. Approval Criteria: In order to grant a special exception, the Board must find that the
applicant meets the specific approval criteria set forth in this title with respect to the
specific proposed exception. The Board must also find that the applicant meets the
following general approval criteria or that the following criteria do not apply:
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare. 4Cs is committed to ensuring that this
project is seen as a benefit to the neighborhood and will not be seen as
detrimental to the fabric of the neighborhood. Having to comply with city and
state code, this will be ensured from a regulatory standpoint.
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. Our hope is that accessible child care is seen
as a benefit and a value to 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. We do not feel that this project will in
any way impede upon any normal developments and improvements on
surrounding properties
4. Adequate utilities, access roads, drainage and/or necessary facilities have been
or are being provided. As our site plan shows, we have taken these things into
account
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets. As our site plan shows, we
have considered the best way to minimize traffic congestion on the public streets
surrounding the proposed center
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. This is
correct
7. The proposed exception will be consistent with the Comprehensive Plan of the
City, as amended.
We believe that a childcare center proposed at this particular site is consistent
with the future vision of The City as it pertains to economy, as listed in the City’s
most recent strategic plan. One action item is to enhance access to childcare
through innovative partnerships. There are other economic impacts this center
could have that also align with the City’s vision, as well, when looking at talent
attraction and retention, as well as business growth.
Parcel Number Mailing Name1 Mailing Address1 Mailing Address2 Mailing Address3 Mailing Zip Code City (mail)Property Address
1014104006 CRAIG W & MICHELLE S BUHMAN 429 4TH AVE IOWA CITY, IA 52245 IOWA CITY 429 4TH AVE
1014130006 UP LLC 303 HIGHLAND DR IOWA CITY, IA 52246 IOWA CITY 1821 B ST
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1014104002 RITA K LIGOCKI 1931 E COURT ST IOWA CITY, IA 52245-4647 IOWA CITY 1931 E COURT ST
1014126001 MOHAMED A HASSANEIN 909 COOPER ST DANVILLE, PA 17821 IOWA CITY 1923 E COURT ST
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1014128002 MARIAN E FOSTER 1821 COURT ST IOWA CITY, IA 52245 IOWA CITY 1821 E COURT ST
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1014129006 COLBY D & LISA M DYE 1811 E COURT ST IOWA CITY, IA 52245 IOWA CITY 1811 E COURT ST
1014129007 MAE R PETERSON MOORE 1807 E COURT ST IOWA CITY, IA 52245 IOWA CITY 1807 E COURT ST
1014132016 JEFF BIGGERS & CARLA PACIOTTO 445 GARDEN ST IOWA CITY, IA 52245 IOWA CITY 445 GARDEN ST
1014131004 DANIEL H & JANET K GREENWALD 438 GARDEN ST IOWA CITY, IA 52245 IOWA CITY 438 GARDEN ST
1014127001 BARBARA YODER 119 WASHINGTON PARK RD IOWA CITY, IA 52245 IOWA CITY 1908 B ST
1014130005 HELEN K NEUMANN 1827 B ST IOWA CITY, IA 52245 IOWA CITY 1827 B ST
1014130007 CATHERINE A STEWART 1815 B ST IOWA CITY, IA 52240 IOWA CITY 1815 B ST
1014130019 SUSAN S EBERLY 1840 FRIENDSHIP ST IOWA CITY, IA 52245 IOWA CITY 1840 FRIENDSHIP ST
1014130013 DEBORAH E WOLLARD 513 5TH AVE IOWA CITY, IA 52240 IOWA CITY 513 5TH AVE
1014136013 1802 MUSCATINE AVENUE LLC 1118 N WALNUT ST WEST LIBERTY, IA 52776 IOWA CITY 1802 MUSCATINE AVE
1014136003 JOAN T DAVIS 1827 C ST IOWA CITY, IA 52245 IOWA CITY 1827 C ST
1014139004 DONALD W ROBINSON 608 5TH AVE IOWA CITY, IA 52240 IOWA CITY 608 5TH AVE
1014136002 DANFORTH L JOHNSON 1833 C ST IOWA CITY, IA 52245 IOWA CITY 1833 C ST
1014138003 LORAINE E LAWTON 913 S SUMMIT ST IOWA CITY, IA 52240 IOWA CITY 1831 FRIENDSHIP ST
1014136007 DUANE WIDEN & CATHERINE WIDEN 1809 C ST IOWA CITY, IA 52245 IOWA CITY 1809 C ST
1014138001 BRENT A SANDY 601 5TH AVE IOWA CITY, IA 52245 IOWA CITY 601 5TH AVE
1014136006 NORMAN BRUCE CATE 1813 C ST IOWA CITY, IA 52245 IOWA CITY 1813 C ST
1014139002 DAVID J COHEN 602 5TH AVE IOWA CITY, IA 52245 IOWA CITY 5TH AVE
1014136011 MARK T & ROSANNA M SEABOLD 1724 MUSCATINE AVE IOWA CITY, IA 52240 IOWA CITY 1724 MUSCATINE AVE
1014136005 NORMAN CATE & DEBRA ELY 1813 C ST IOWA CITY, IA 52245 IOWA CITY 1817 C ST
1014138002 RANDY M JACKSON 2610 WASHINGTON ST IOWA CITY, IA 52245-3726 IOWA CITY 605 5TH AVE
1014136012 MICHAEL A COOPER 1415 FRANKLIN AVENUE WEST BRANCH, IA 52358 IOWA CITY 1730 MUSCATINE AVE
1014139003 DAVID J COHEN 602 5TH AVE IOWA CITY, IA 52245 IOWA CITY 602 5TH AVE
1014136004 SUZANNE GLEESON 1823 C ST IOWA CITY, IA 52245 IOWA CITY 1823 C ST
1014130014 ISABEL BARBUZZA 1168 E COURT ST IOWA CITY, IA 52240 IOWA CITY 501 5TH AVE
1014137003 KYLE OLIN 510 GARDEN ST IOWA CITY, IA 52245 IOWA CITY 510 GARDEN ST
1014137004 MARTHA E BOYSEN 514 GARDEN ST IOWA CITY, IA 52245 IOWA CITY 514 GARDEN ST
1014138005 ERICK LYNES 5078 AMERICAN LEGION RD SE IOWA CITY, IA 52240 IOWA CITY 1825 FRIENDSHIP ST
1014137001 MERCEDES BERN-KLUG 1803 C ST IOWA CITY, IA 52245 IOWA CITY 1803 C ST
1014130015 DEBRA GRIFFIS 1874 FRIENDSHIP ST IOWA CITY, IA 52245 IOWA CITY 1874 FRIENDSHIP ST
1014136008 KELLYANN LIGHT-MCGROARY 1807 C ST IOWA CITY, IA 52245 IOWA CITY 1807 C ST
1014136009 MYRALEE & DONALD M VOOTS 518 GARDEN ST IOWA CITY, IA 52245 IOWA CITY 518 GARDEN ST
1014138004 GAIL ARDERY 1829 FRIENDSHIP ST IOWA CITY, IA 52245 IOWA CITY 1829 FRIENDSHIP ST
1014130012 MARCIA R MUNZ 511 5TH AVE IOWA CITY, IA 52245 IOWA CITY 511 5TH AVE
1014131005 FRIENDSHIP RENTALS LLC 1833 C ST IOWA CITY, IA 52245 IOWA CITY 1802 FRIENDSHIP ST
1014130018 JOHN W & DAWN R HILLS 1850 FRIENDSHIP ST IOWA CITY, IA 52245 IOWA CITY 1850 FRIENDSHIP ST
1014134001 MICHAEL D CALLAHAN 505 GARDEN ST IOWA CITY, IA 52245 IOWA CITY 505 GARDEN ST
1014130017 KAREN P WITZKE 920 S 7TH AVE IOWA CITY, IA 52240 IOWA CITY 1852 FRIENDSHIP ST
1014137002 EDWARD H COVEY 1801 FRIENDSHIP ST IOWA CITY, IA 52245 IOWA CITY 1801 FRIENDSHIP ST
1014130016 ANTHONY J DOUGHAN & MARGARET C 1854 FRIENDSHIP ST IOWA CITY, IA 52245 IOWA CITY 1854 FRIENDSHIP ST
1014130011 ZACHARY MOORE PO BOX 366 WOODACRE, CA 94973 IOWA CITY 416 GARDEN ST
1014105001 TERESA M MCANDREWS 435 4TH AVE IOWA CITY, IA 52245 IOWA CITY 435 4TH AVE
1014132012 CARA J HAMANN & BRIAN R ABBOTT 437 GARDEN ST IOWA CITY, IA 52245 IOWA CITY 437 GARDEN ST
1014112001 CITY OF IOWA CITY 410 E WASHIHGTON ST IOWA CITY, IA 52240 IOWA CITY 1920 FRIENDSHIP ST
1014130003 NATE J SULLIVAN 1849 B ST IOWA CITY, IA 52245 IOWA CITY 1849 B ST
1014131002 BRUCE A SIELENI 1822 FRIENDSHIP ST IOWA CITY, IA 52240 IOWA CITY 1822 FRIENDSHIP ST
1014131003 GARDEN PROPERTIES LLC 602 CLARK ST IOWA CITY, IA 52240 IOWA CITY 428 GARDEN ST
1014130002 JAMES THOMAS YATES 1901 B ST IOWA CITY, IA 52245 IOWA CITY 1901 B ST
1014131001 ROBERT STIKA 1830 FRIENDSHIP ST IOWA CITY, IA 52245 IOWA CITY 1830 FRIENDSHIP ST
1014130001 DWIGHT G & LINDA K YOUNKIN 1905 B ST IOWA CITY, IA 52245 IOWA CITY 1905 B ST
1014132011 ERIK A BILLECI & ANDREA R BORD 429 GARDEN ST IOWA CITY, IA 52245 IOWA CITY 429 GARDEN ST
1014130004 EUREKA LODGE 1839 B ST IOWA CITY, IA 52245 IOWA CITY 1839 B ST
1014132002 NICHOLAS W LINDSLEY 905 N GILBERT ST IOWA CITY, IA 52245 IOWA CITY 411 GARDEN ST
1014130009 W BRUCE WHEATON 412 GARDEN ST IOWA CITY, IA 52245 IOWA CITY 412 GARDEN ST
1014126005 TIMOTHY D & LORI K BROSS 420 5TH AVE IOWA CITY, IA 52245 IOWA CITY 420 5TH AVE
1014129001 RAINBOW RENTALS LLC 415 5TH AVE IOWA CITY, IA 52245 IOWA CITY 1838 B ST
1014132006 MARGARET WENK-KUCHLBAUER 413 GARDEN ST IOWA CITY, IA 52245 IOWA CITY 413 GARDEN ST
1014104005 VICKIE D VOSBURG 425 4TH AVE IOWA CITY, IA 52245 IOWA CITY 425 4TH AVE
1014130008 STEVEN S & LAURA C WHITMORE 1813 B ST IOWA CITY, IA 52245 IOWA CITY 1813 B ST
1014126006 CARLA J PIES 422 5TH AVE IOWA CITY, IA 52245 IOWA CITY 422 5TH AVE
1014132007 COURTENAY BOUVIER 417 GARDEN ST IOWA CITY, IA 52245 IOWA CITY 417 GARDEN ST
1014132008 ELIZABETH A SCHLEGEL 421 GARDEN ST IOWA CITY, IA 52245 IOWA CITY 421 GARDEN ST
1014127002 RACHAEL ANN LINDHART 428 5TH AVE IOWA CITY, IA 52240 IOWA CITY 428 5TH AVE
1014132001 STACY L VAN ZANTE 401 GARDEN ST IOWA CITY, IA 52240 IOWA CITY 401 GARDEN ST
1014104003 G & L RENTALS LLC 2520 ROCHESTER AVE IOWA CITY, IA 52245 IOWA CITY 413 4TH AVE
1014126003 ERIC L CHRISTNER 416 5TH AVE IOWA CITY, IA 52245 IOWA CITY 416 5TH AVE
1014129004 JOELLEN M MEGAN 1812 B ST IOWA CITY, IA 52245 IOWA CITY 1812 B ST
1014126004 DANIEL J KATALINICH 418 5TH AVE IOWA CITY, IA 52245 IOWA CITY 418 5TH AVE
1014104004 TAMAR BERNFELD & MATTHEW RHODE 421 4TH AVE IOWA CITY, IA 52245 IOWA CITY 421 4TH AVE
1014129003 MICHAEL LAMBETH & LA'NEICE BLE 1816 B ST IOWA CITY, IA 52240 IOWA CITY 1816 B ST
1014129002 RAINBOW RENTALS LLC 415 5TH AVE IOWA CITY, IA 52245 IOWA CITY 1830 B ST
1014128004 JAMES W & DIANE P NIEBUHR 415 5TH AVE IOWA CITY, IA 52245 IOWA CITY 415 5TH AVE
1011460005 LUCAS D & TAMMIA J PROTTSMAN 1806 E COURT ST IOWA CITY, IA 52245 IOWA CITY 1806 E COURT ST
1011461006 GAIL M LUNDSTROM 325 MORNINGSIDE DR IOWA CITY, IA 52245 IOWA CITY 325 MORNINGSIDE DR
1011461005 MARIA A MORCUENDE 328 S CAROLINA AVE MASON CITY, IA 50401 IOWA CITY 1810 E COURT ST
1011462016 MICHAEL J MAHONEY 1824 E COURT ST IOWA CITY, IA 52245 IOWA CITY 1824 E COURT ST
1011462005 CHRISTOPHER A & LINDA S WERTZ 1820 E COURT ST IOWA CITY, IA 52245 IOWA CITY 1820 E COURT ST
1011476006 IOWA CITY COMM SCHOOL DISTRICT 1725 N DODGE ST IOWA CITY, IA 52245 IOWA CITY 1900 MORNINGSIDE DR
November 8, 2021
Board of Adjustment Meeting
EXC23-0004
ITEM 3B ON THE AGENDA
Request to Extend Condition Deadline
Submitted by the Applicant
1
Kirk Lehmann
From:jennifer colville <colvillejen@hotmail.com>
Sent:Thursday, November 2, 2023 12:38 PM
To:Kirk Lehmann
Subject:Re: EXC23-0004: Follow Up on Conditions
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Hi Kirk,
Thanks for your voicemail. I will request an extension. I will call you tomorrow to ask about the details.
Thanks!
Jennifer
From: Kirk Lehmann <KLehmann@iowa-city.org>
Sent: Thursday, November 2, 2023 4:29 PM
To: jennifer colville <colvillejen@hotmail.com>
Cc: Anne Russett <ARussett@iowa-city.org>
Subject: EXC23-0004: Follow Up on Conditions
Hey Jennifer,
As I noted in my voicemail, I looked at your bicycle parking and there are still some issues that need to be
addressed to ensure compliance with the conditions of your special exception. As such, I'd recommend
that you request an extension as allowed within that condition. To request an extension, just send me an
email noting that you are requesting an extension and your anticipated timeframe. I'll need it by end of
business today if possible.
With regards to the design requirements for bicycle parking areas, they are as follows (City Code Section
14-5A-5K):
1. The minimum size for a bicycle parking space is one and one-half feet by six feet (1.5' X 6'). Where
required for access, a minimum aisle width of four feet (4') shall be provided.
2. Bicycle parking areas must be constructed of asphaltic cement concrete, Portland cement
concrete or manufactured paving materials, such as brick. However, the city building official may
permit the use of rock or gravel areas for bicycle parking, provided edging materials are used so
that the bicycle parking area is clearly demarcated and the rock material is contained.
3. Required bicycle parking racks must be designed to support the bicycle by its frame and allow the
use of either a cable lock or a U-shaped lock. Bicycle parking racks shall be installed a minimum
of two feet (2') from any curb, pavement edge, parking space, drive, walkway, or obstruction such
as a well wall, fence, doorway, or landscaping. Bicycle lockers and secure indoor storage facilities
are also allowed.
2
4. Bicycle parking facilities shall be located in a clearly designated, safe, visible, and convenient
location and shall be located so as not to impede pedestrian or vehicular traffic. Bicycle parking is
allowed in front and side building setbacks in all zones; provided, that such a parking area results
in no more than twenty five percent (25%) of the required setback area being paved.
We're happy to help you work through the requirements to ensure your bicycle parking meets current
code. Feel free to give me a call at 319-356-5247 if you have any questions.
Thanks,
Kirk Lehmann, ACIP
Associate Planner
319-356-5247
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and
others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or
taking action in relation of the contents of this information is strictly prohibited and may be unlawful.
November 8, 2021
Board of Adjustment Meeting
PRELIMINARY MEETING MINUTES
ITEM 4 ON THE AGENDA
July 12, 2023
Prepared by Staff
MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
FORMAL MEETING
EMMA HARVAT HALL
July 12, 2023 – 5:15 PM
MEMBERS PRESENT: Larry Baker, Nancy Carlson, Bryce Parker (via zoom), Mark
Russo, Paula Swygard
MEMBERS ABSENT:
STAFF PRESENT: Madison Conley, Sue Dulek, Anne Russett
OTHERS PRESENT: Doug Fern, Angie Jordan
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Carlson outlining the role and purpose of the Board and
the procedures that would be followed in the meeting.
SPECIAL EXCEPTION ITEM EXC23-0007:
An application submitted by Doug Fern of Faith Academy requesting a special exception to
allow the expansion of a General Educational Facility in the Community Commercial (CC-2)
zone for the property located at 1030 Cross Park Avenue.
Carlson opened the public hearing.
Russo noted he consulted with the City Attorney's office that he was retained by the applicant
Doug Fern within the last year to design work on his house. That project is completed and there
are no further obligations for either party. The City Attorney's office determined that he had no
legal conflict, and he stated he can be fair and impartial about and therefore did not see it
necessary to recuse himself at this point.
Conley began the staff report with an aerial view of the property and the zoning map. The
property is zoned CC-2 Community Commercial, and the neighboring properties are multifamily
RM-44. Regarding background, Faith Academy is a private elementary school located in the
back of a commercial building in Pepperwood Plaza. In 2013 there was a special exception
approval for this general educational facility to serve 25 kindergarten and first graders with a
condition that required another special exception if enrollment increased over 50 students
and/or if an addition of 500 or more square feet was to be requested. Then in 2014 there was
another special exception granted which increased enrollment and square footage of the school,
and that included a condition that required another special exception if enrollment increased
over that current 105 student capacity and/or if there was an addition of 500 or more square feet
to the building. In 2019 there was another special exception approved to expand the square
footage of the school over 500 square feet and again this included a condition that required
another special exception if enrollment increased over 105 students and/or if there was an
addition of 500 or more square feet. Therefore, today, Faith Academy is requesting to increase
the number of students from 105 to 150 but are not proposing to expand any portion of the
Board of Adjustment
July 12, 2023
Page 2 of 9
building area. Conley showed pictures of the site plan for this property noting people enter this
property off Broadway Street, follow a pavement marking arrow to continue down a one-way
drive to the main school entrance for drop off and pick up of students utilizing the existing
pedestrian walkway to enter the main entrance of the school. There is a proposed one-way “Do
Not Enter” sign to be posted to help clarify traffic flow and there are some vehicular parking
spaces as well as two-way traffic access from Cross Park Avenue. Conley noted there will be
some proposed directional arrows to help clarify traffic flow for the property. On the west portion
of the building is the church entrance and there has been some screening proposed along the
east and south portion of the property. Additionally, there is a proposed expanded and relocated
bike parking and there are existing pedestrian walkways that allow students and users to access
the building as well as a fenced-in play area for the students to utilize during the school day.
There is a neighboring commercial retail use to the west, also known as the African Market, so
there are proposed pavement markings to help delineate parking spaces. To the south of the
building is a paved basketball court and a second entrance to Faith Academy.
The role of the Board of Adjustment to approve, approve with conditions, or deny the application
based on the facts presented. To approve the special exception the Board must find that it
meets all applicable approval criteria which includes specific standards that pertain to the waiver
requested as well as the general standards for all special exceptions.
First Conley reviewed the specific standards found at 14-4B-4D-9: General Educational
Facilities in the CC-2 Zones. The first criteria states that the use will be functionally compatible
with surrounding uses and will not inhibit retail and service uses for which the zone is primarily
intended. For this the Board may consider such factors as size layout, size and scale of the
development and traffic circulation. Staff findings include the school entrance is on the south
side, which is located away from the commercial area of the property and the customer parking
area. The school uses a one-way rear drive drop off and pickup which is in a location that does
not interfere with the traffic in the commercial area. Additionally, the student drop-off and pickup
times don't interfere or impact the surrounding uses and deliveries. Staff does recommend a
condition to create a clear delineation between the play area and parking lot to relocate existing
parking spaces in that play area to the southwest area so access to the neighboring commercial
space will be maintained.
Number two states that the use must provide a drop off and pickup area in a location that is
convenient to or has good pedestrian access to the entrance of the facility. The drop off and
pickup area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic
does not stack into adjacent streets or other public rights of way. Staff findings here include that
a rear one-way drive is used for drop off and pickup and located east of the main entrance with
pedestrian access to that main entrance. The drive total is approximately 500 feet and runs
north and south along the length of the building which will provide enough stacking for more
than 25 cars which will help prevent traffic spillover onto Broadway Street. Additionally, at least
30% of the students utilize Faith Academy owned transportation, which parks in the parking lot
on the west side of the building and 1/3 of the students attend the boys and girls after school
program which is in the suite north of the school and will contribute to less traffic at pickup.
Number three states that the site must be designed to promote safe and convenient pedestrian,
bicycle, and vehicle circulation to the school according to the standards set forth in subsection
14-2C-6F. Here staff findings review pedestrian walkways, bicycle parking and vehicular
circulation and to start with pedestrian walkways Conley noted there are existing walkways that
Board of Adjustment
July 12, 2023
Page 3 of 9
connect to the main entrance and to other sidewalks. For bicycle parking there is a proposed
bike rack on the site plan near the playground area, including the five required bicycle parking
spaces required by code. Regarding vehicle circulation, staff recommends a condition that
requires approval of a site plan which includes directional arrows for the one-way and two-way
drive, delineation of the parking area from the play area, restriping of all parking spaces, and a
“Do Not Enter” sign placed at the entrance of the one-way.
Next, Conley reviewed the general standards for all special exceptions, found at 14-4B-3A. The
first states that specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare. Staff finds the school has been operating at this
location since 2013 with no reported health or safety issues. Additionally, the proposed
expansion would allow for an enrollment increase to 150 students and will not impact the current
square footage of the school. Staff is recommending a condition that future expansion of the
school enrollment and/or footprint will require a special exception similar to the previous special
exceptions.
The second criteria 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 once again that Faith Academy has been in
operation since 2013 and the school maintains limited hours of operation, 7:30 a.m. to 3:30
p.m., and these times do not conflict with peak commercial times in the area. The Academy
does not plan to expand the building with any additions and typically places of worship and
schools are seen as amenities in a neighborhood.
Number three is 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. Again, staff finds that the school has been in operation for the
past 10 years without impeding normal and orderly development and there is viable commercial
activity in the front part of the building facing Pepperwood Plaza parking lot. The school has an
entrance located on the south side of the building that faces neighboring residences and is
separate from the commercial area to the north, and staff recommends a new special exception
application is required if the school plans to increase square footage of the building over 500
square feet and/or expand the enrollment over the 150-student limit.
The fourth criteria is that adequate utilities, access roads, drainage and/or necessary facilities
have been or are being provided. As this is an existing area, utilities, access roads, drainage
and/or necessary facilities are already provided and will continue to be provided.
Fifth is adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets. Staff found that the drive is a one-way for pickup
and drop off and have proposed a recommended condition to require directional arrow markings
as well as a “Do Not Enter” sign to be posted to help minimize traffic congestion and clarify the
traffic flow. Again, 30% of the student body does use Faith Academy owned transportation
which parks in the west parking lot while the remaining portion of students utilize private
vehicles through the east drive. Additionally, many students are siblings and plan to arrive
together.
Number six is 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
Board of Adjustment
July 12, 2023
Page 4 of 9
applicable regulations or standards of the zone in which it is to be located. Staff has found that a
site plan application will need to include as well as a landscaping plan in order to ensure that S2
screening requirements are met. Other than that, all other CC-2 zone requirements are met.
Finally, number seven is the proposed exception will be consistent with the Comprehensive
Plan of the City as amended. Staff has found that the Comprehensive Plan calls for
neighborhood elementary schools as an integral part of a healthy, sustainable neighborhood.
Schools also provide a relationship with the surrounding neighborhoods that facilitate social
connections, identity, and the well-being of families whose children attend these schools. The
South District Plan sees neighborhood schools, especially elementary schools, as integral to
healthy, sustainable neighborhoods.
Conley stated staff received one piece of correspondence in support of this application from the
Good News Bible Church.
Staff recommends approval of the EXC23-0007, a special exception to allow the expansion of
the General Educational Facility's student enrollment from 105 to 150 students in the
Community Commercial (CC-2) zone located at 1030 Cross Park Ave subject to the following
conditions:
1. Submittal of a site plan that demonstrates consistency with the site plan submitted with
the special exception case. The site plan shall show:
• Directional arrows for the one-way and two-way drive,
• Delineation between the play area and the parking area
• Restriping of all parking spaces, and
• A "Do Not Enter" sign added at the end of the one-way drive.
2. An enrollment of more than 150 students or an addition of more than 500 square feet of
floor area will be considered an expansion of the use that requires a new special
exception.
Baker asked if there are any State regulations that govern the ratio between classroom size and
number of students in the classroom and are there any regulations about the size of a
recreational area for a school relevant to the number of students in the school. Russett is not
sure what the State regulations are related to private schools, the applicant may be able to
answer that.
Baker noted finding number six says a site plan application must include a landscaping plan to
ensure S2 screening is met, where will that screening would be and is it the same screening
issue that's mentioned in the applicant’s response where they are asking for a waiver of
screening requirements. Conley showed the one-way drive and stated according to code it is
required to have S2 screening standards in a CC-2 zone and the screening would go all the way
up the whole portion of the drive to the entrance along Broadway Street. There is already some
screening in the area, but it would need to meet the S2 screening requirements.
Russett interjected that the waiver that's being requested by the applicant is not a decision of
the Board of Adjustment, it's a waiver that's made by the Building Official.
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July 12, 2023
Page 5 of 9
Russo asked if the only purpose of the two-way drive was to provide access to the parking.
Conley replied yes, it currently exists as a two-way, but not only does it provide access to those
parking spots, but people exiting the one-way can exit through the two-way as well. Russo
noted wouldn't it be safer to just all be one-way only. Conley noted this property has been
operating since 2013 and it does sound like everything has been flowing correctly. Perhaps with
an addition to the student capacity there might be some congestion, but staff believes with the
proposed clarification of signage as well as the directional arrows that will help to mitigate some
of the traffic congestion. Russett added the width of the drive meets the minimum standard for
a two-way drive.
Carlson noted information regarding the special exception is to be sent out to the appropriate
people within 250 feet and she didn't see anything in the report noting that had been done and
specifically wanted to know if the people in the African Market were informed. Conley stated
there was notice sent out to the neighbors within 500 feet of the property and there was also a
sign posted on the property. In terms of the African Market, staff found that the expansion of
enrollment would not impede the delivery times or operation of the African Market and it has
been in existence along with Faith Academy for some time. She added the delivery hours of the
African Market is once a day and is not in conflict with the operation of the school, but they
haven't received any correspondence from those owners.
Carlson asked if a Good Neighbor Meeting was held and Conley replied no.
Swygard asked regarding the portion of the paved areas used for both outdoor play and parking
there is a staff recommendation of a condition to create a clear delineation between the play
area and parking lot and the two parking spaces behind the African Market identified as the
commercial space on the site plan be relocated to the southwest side of the building. Does that
mean they are relocating two parking spaces that were previously assigned to the school to now
be designated for the African Market. Russett explained that the school needs 20 parking
spaces and they meet that obligation so they're not relocating the African Market parking, they
will still have access to their site with the existing parking that's there.
Russo asked about the African Market deliveries. Conley noted the deliveries come in from the
south but the access to the market is from the north.
Doug Fern (Head of School of Faith Academy) wanted to answer a few of the questions. First,
in terms of governing authority to determine the ratio between student enrollment and
recreational space as well as student enrollment and classroom size because it's a K-6 school
they fall under City ordinances and as an elementary school there's no outside authority that
states they need X amount of square footage for recreation purposes. If they were to go
younger than K-6 and add in preschool, then the Department of Health and Human Services
would dictate how much square footage is needed. Fern added they do not intend to add
preschool. Part of the reason they are increasing enrollment is because the Iowa City School
District is moving sixth grade into junior high so in the next few years they may plan to expand
into junior high and serve more students going that direction, but not serving younger students.
Fern next addressed the question about the one-way versus the two-way noting the City has
made it pretty clear that the front access to the school needs to stay on the residential side, not
Board of Adjustment
July 12, 2023
Page 6 of 9
on the commercial side and the school entrance is right there where those parking spaces are.
Throughout the day there'll be a number of staff who are part time or deliveries or things like
that, that just need to come in and swoop out real quick but that typically does not happen
around drop off and pickup times. Additionally, that two-way drive keeps people from having to
drive all the way down the alley during the normal working hours of the day. Fern also pointed
out there's parking all along that building that is slanted back towards the one-way and staff will
use those spaces throughout the day as well. Regarding the screening, he stated they see the
school as being a vital part of the neighborhood and a blessing to the community. Last year
they raised about $150,000 to put a significant playground there to bless the community with
that can be used on the weekend and the evenings. Their concern with the screening was they
just don't want to put anything in that would make it feel like that wasn't a welcome space for the
neighborhood. Before they bought the building it would have been the South Neighborhood
District Association to clean up all the screening that was along Broadway, it was overgrown
and uninviting. It has been cleaned up and some new plantings are there now, a lot of work
went into beautify the neighborhood from that Association and he would hate to undo that with
just haphazard screening that is going to not look nice. He stated they were going to be asking
for a waiver of the screening from Cross Park all the way to the entrance on the north side, but
staff came back with a recommendation that they just limit the screen waiver which he thinks is
feasible noting the concern is that while there's some really nice beds that have been planted
there obviously during the winter they don't provide any screening.
Baker initially had no problem with the play area being screened but understands the concern
about screening off the visibility of the actual mural which is a vast improvement visually in that
area.
Carlson stated is appears they are planning to screen where the cars are parked and a very
small area between the playground and the two-way drive. The playground area will still be
visible from the street and is enclosed by a chain link fence with a gate. Fern confirmed that is
the staff recommendation and they agree.
Fern also stated that Southgate, the owners of the property immediately to the west, have
completely redone the whole back area there and turned it into some long-term storage. There
is a lot more traffic and now on the backside so maybe the concern with parking in the play area
is greatly reduced as there's not as much traffic coming in and out of that back area as there
once was.
Swygard asked with the expanded number of students, they currently have 10 classrooms, how
many classrooms will they expand to with the additional students. Fern explained they don’t
currently have 10 classrooms; this fall they are planning on serving eight classrooms but this
plan will allow them to expand K – 8th grade in the future if they need to. Swygard asks this
because the number of parking spaces is tied to the number of classrooms. Fern agreed and
stated currently they've exceeded the number of parking spaces required based on the number
of classrooms. He pointed out there's a bunch of unaccounted for parking spaces on the far
east side of the building so there is ample parking.
Board of Adjustment
July 12, 2023
Page 7 of 9
Swygard noted staff mentioned that they have to expand bike parking, how much bike parking
do they have. Fern replied currently they have one bike rack, but they’re going to put a little
concrete pad up by the two-way drive put in the requirement of five.
Baker stated they use the rationale of parking and traffic that a lot of the student body is related
so the number of anticipated vehicles would be diminished, do they actually have the data about
how many are siblings within the school now. Fern stated at this time of year enrollment is a
moving target so it's hard to give a definitive number today on what it will be in the fall. Even
after school starts they have changes, students add, students leave, it's the nature of the
school. Baker noted they are asking for an increase of 50, do they have any idea of how long it
will take to reach that number. Fern doesn’t think it will take very long. The majority of the
students that they serve are immigrant families and increase in enrollment has been through
word of mouth, they've hardly done any advertising at all. What they have seen in the last
couple of years are extended waiting lists and having to say no to students. Part of the reason is
because if a parent wants to enroll their kindergartener and they also have a fourth-grade
student, but they don't have room in the fourth-grade class, they’ve just had to say no to two
students. Therefore, their enrollment number has always been around the 90 to 100 mark. If
they make this decision to increase to junior high, they anticipate there'll be less families that will
have to make a decision to send their five year old to this school and their 11 or 12 year old to
this another school, this will be able to keep families together for a longer period of time.
Currently for this year their enrollment is already at the 105 mark, without adding seventh or
eighth grade, so they anticipate that as they add junior high there'll be more families that will
choose to send their students to Faith Academy because they'll be able to serve them longer.
Baker noted if they can accommodate the increase in students without increasing space, at
what number do they have to increase space and do they have the capacity to expand space
within the building that doesn’t involve actual building additional space. Fern replied fairly soon
after the 150 mark they will need to expand. They do have the option to build out in the space,
there's a good chunk of the space right now that's just a shell and they could go in and build.
About two years ago they built out some of that shell to accommodate some of the growth and
there’s still room for more.
Angie Jordan (Executive Director of South of 6 Business District; President of South District
Neighborhood Association) states she has been a resident in the south district for the past eight
years and has worked in that area for the past 15 years. She just wanted to echo everything
that's already been said, as a resident especially, supporting this application. Faith Academy
has been huge in Iowa City's plan about connecting schools, and it is the example of what every
school should be doing. Additionally, there's so many residents that do not attend that school,
and families on the weekends and evenings, that use that playground area. She is glad Faith
Academy is asking for a waiver for screening that doesn’t block the mural or the visibility of the
playground. If people can’t see the playground, it doesn't feel like they're welcome, no matter
how green and lush it looks. Also, the mural and the landscaping that's there was six years of
work and over $20,000 of fundraising by the neighborhood to create, so again she hopes it
doesn't get blocked off.
Carlson closed the public hearing.
Board of Adjustment
July 12, 2023
Page 8 of 9
Baker moved approval of of the EXC23-0007, a special exception to allow the expansion
of the General Educational Facility's student enrollment from 105 to 150 students in the
Community Commercial (CC-2) zone located at 1030 Cross Park Ave subject to the
following conditions:
1. Submittal of a site plan that demonstrates consistency with the site plan submitted
with the special exception case. The site plan shall show:
• Directional arrows for the one-way and two-way drive,
• Delineation between the play area and the parking area
• Restriping of all parking spaces, and
• A "Do Not Enter" sign added at the end of the one-way drive.
2. An enrollment of more than 150 students or an addition of more than 500 square feet
of floor area will be considered an expansion of the use that requires a new special
exception.
Swygard seconded the motion.
Baker thinks it's a good improvement of the neighborhood and to an existing operation. He
would encourage them to seek that waiver on screening and he enthusiastically supports this.
Carlson noted it’s exciting to see a project like this come before the Board and wishes them
luck.
Russo stated regarding agenda item EXC23-0007 he does concur with the findings set forth in
the staff report of meeting date, July 12, 2023 and concludes that the general and specific
criteria are satisfied, so 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 exception. Baker
seconded the findings.
A vote was taken and the motion passed 5-0.
Carlson 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.
CONSIDER JUNE 14, 2023 MINUTES:
Baker moved to approve the minutes of June 14, 2023. Swygard seconded. A vote was taken
and the motion carried 5-0.
BOARD ANNOUNCEMENTS:
None.
ADJOURNMENT:
Russo moved to adjourn this meeting, Swygard seconded, a vote was taken and all approved.
Board of Adjustment
July 12, 2023
Page 9 of 9
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2023
NAME
TERM
EXP.
3/8 4/12 4/19 5/10 6/14 7/12
BAKER, LARRY 12/31/2027 X X O/E X X X
PARKER, BRYCE 12/31/2024 X X O/E X X X
SWYGARD, PAULA 12/31/2023 X X X X X X
CARLSON, NANCY 12/31/2025 X X X X X X
RUSSO, MARK 12/31/2026 X X X O/E O/E X
Key: X = Present
O = Absent
O/E = Absent/Excused
-- -- = Not a Member