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HomeMy WebLinkAbout2024-09-27 Rules Committee meeting packet410 East Washington Street Iowa City. Iowa 52240-1826 (319)356-5000 (3 19) 356-5009 FAX www.icgov.org City Council Rules Committee Agenda Friday, September 27, 2024 2:00PM Helling Conference Rm - City Hall 410 E. Washington St 1.Call to Order 2.Board of Adjustment By-Laws Discuss DRAFT Board of Adjustment By-Lavvs 3.Adjourn PROCEDURAL RULES Iowa City Board of Adjustment ARTICLE I. AUTHORITY: The Iowa City Board of Adjustment shall have that authority which is conferred by Chapter 414 of the Code of Iowa; City Code Title 14, Chapter 7, entitled "Administration," Article A, entitled "Board of Adjustment," and through the adoption of these procedural rules stated herein. ARTICLE 11. MEMBERSHIP: Section 1: Qualifications. The Board of Adjustment shall consist of five (5) members appointed by the City Council. All members of the Board shall be residents of Iowa City, Iowa. A majority of the members of the Board shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate. Section 2: Compensation. Members shall serve without compensation but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager. Section 3: Orientation for New Members. Prior to the first regular meeting following their appointment, each new member shall be given an orientation briefing by City staff and be provided with the Board's procedural rules and other information that may be useful to Board members in carrying out their duties. The City Zoning Code and the Comprehensive Plan are available online. Section 4: Absences. Three (3) consecutive unexplained absences of a Board member from regular Board meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Members shall be removable for cause by the City Council upon written charges after a public hearing. Section 5: Vacancies. Any vacancy on the Board because of death, resignation, long­ term illness, disqualification, or removal shall be filled for the unexpired term by the City Council after at least thirty (30) calendar days of public notice of the vacancy. Section 6: Terms. Members shall be appointed for terms of five (5) years. No members shall be appointed to succeed themselves. However, a member appointed to fill an unexpired term with one (1) year or less remaining may also be appointed concurrently for one full five (5) year term. Section 7: Resignations. Resignation should be submitted in writing to the Board Secretary, who will transmit the resignation to the City Council with copies to the City Manager, the Director of Neighborhood and Development Services, and the Board Chairperson, preferably at least sixty (60) days prior to the date of intended departure. 1 Section 8: Temporary Alternate. An alternate member, if available, shall be appointed as provided herein, to replace a member who is unable to participate in an appeal of an administrative decision due to a conflict of interest. Any person who has served as a member of the Board within the five (5) years preceding the filing of the appeal, and who represents the public at large and is not involved in the business of purchasing or selling real estate, shall be qualified to serve as an alternate. When a member has recused himself/herself due to a conflict and the date of hearing before the Board has been set, the Secretary of the Board shall notify all such persons and the first to agree to serve as the alternate is hereby appointed to do so. ARTICLE Ill. OFFICERS: Section 1: Number. The officers of the Board shall be a Chairperson and a Vice­ Chairperson, each of whom shall be elected by a majority vote of the members of the Board. The Board Secretary shall be a staff person, who is appointed by the Director of Neighborhood and Development Services. Section 2: Nomination, Election and Term of Office. The Chairperson and Vice­ Chairperson shall be elected annually at the first regular meeting of the Board each yeari except as provided herein. The Secretary must promptly notify a member elected to an office if the member was not present at the meeting. The member must notify the Secretary whether the nomination is accepted or declined. and if declined. election for that office will be olaced on the agenda for the next meeting. Section 3: Vacancies. A vacancy in the office of Chairperson or Vice-Chairperson because of death, resignation, removal, disqualification, or other cause shall be filled by election from the members of the Board for the unexpired portion of the term. Section 4: Chairperson. The Chairperson shall, when present, preside at all meetings, call special meetings, and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Such Chairperson may administer oaths and compel the attendance of witnesses. Section 5: Vice-Chairperson. When the Chairperson is absent, abstaining, or recusing, the Vice-Chairperson shall perform the duties of the Chairperson and shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6: Acting Chairperson. In the absence and/or due to the abstention or recusal of both the Chairperson and Vice-Chairperson, the remaining three (3) Board members may elect a member to serve as Acting Chairperson. The Acting Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 7: Secretary. The appointed staff person, who serves as the Board's Secretary, shall be responsible for maintaining the office of the Board, receiving and filing Board decisions and orders, posting and publishing notices as required by law, and for maintaining minutes and other records of the Board's proceedings. 2 ARTICLE IV. APPLICATIONS: Section 1: Application Forms. Any application for a request or appeal to the Board of Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the Board. The Secretary's office is located in the Department of Neighborhood and Development Services. Forms are available in the Office of the City Clerk and on the City's website. In the appropriate cases, the Building Official shall transmit to the Secretary all documents constituting a record, upon which the Board shall act. Section 2: Application Submittal. Appeals to the Board shall be filed with the City Clerk within a reasonable time period, not to exceed thirty (30) calendar days after the action appealed from, and shall specify the grounds for such appeal. An appeal from a decision by the Building Official to issue a building permit shall not be deemed to have been filed within a reasonable time if such appeal is filed more than fifteen (15) calendar days after construction work pursuant to such permit is observable from adjacent properties or the public right-of-way or fifteen (15) calendar days after an alleged violation of the zoning code is similarly observable. Applicants may appeal an approval or a denial of a Certificate of Appropriateness from the Historic Preservation Commission within a conservation district by filing a letter with the City Clerk within fifteen (15) calendar days after a Resolution of Denial is filed by the Commission. Section 3: Application Filing Fee. The applicant shall complete the required forms, provide all information requested on the form, and provide any additional information as requested by the Secretary of the Board. A filing fee shall be paid upon presentation of the application. Application fees are established by resolution of the City Council. Section 4: Party of Interest. Requests for a variance or special exception must be filed on behalf of the real party in interest, such as the owner or contract purchaser. Section 5: Case Number. An application filed according to the above procedure shall be given a case number within seven (7) calendar days of the filing date. Case numbers will be assigned according to the order in which applications are received. ARTICLE V. NOTICE: Section 1: Notice Letters. No less than ten (10) calendar days prior to the public hearing, the Secretary of the Board shall send notice by mail to all property owners of record and to all non-duplicative individual occupants (when available on the City Assessor's website), within 500 feet of the subject property. Such notice shall include a description of the action requested along with the time and location of the meeting. The applicant shall be formally notified of the time and place of the hearing, in writing, by the Secretary of the Board. Section 2: Newspaper Notice. Notice of the time and place of public hearings shall be published in a newspaper of general circulation not more than twenty (20) calendar day nor less than ten (10) calendar days prior to the hearing. It shall contain the street address or location of the property and a brief description of the nature of the application or appeal. 3 Section 3: Notice Sign. No less than ten ( 10) calendar days prior to the public hearing, the Applicant shall post a sign on or near the property upon which the application is being made and shall remove the sign immediately following the public hearing on the application. The sign will be provided to the applicant(s) by the Board Secretary. ARTICLE VI. HEARING: Section 1: Regular Hearings. Hearings will be held as needed at a regular time and place to be set by the members of the Board. Section 2: Special Hearings. Special hearings or meetings of the Board may be called by the Chairperson and shall be called by the Chairperson or Vice-Chairperson at the request of three (3) or more members of the Board. Section 3: Place of Hearings. All hearings and meetings of the Board shall be open to the public and shall be in a place accessible to people with disabilities. Section 4: Quorum. Three (3) members of the Board shall constitute a quorum. Section 5: Applicant Representation. The applicant may, at the time of the public hearing, appear on their own behalf and be represented by agent and/or counsel. The applicant or their representative may present oral argument and testimony; witnesses, including experts; and may submit written evidence and exhibits in the form of statements, photos, charts, or other relevant evidence. In the absence of the applicant or their representative(s), the Board may proceed to act on the matter based on the information provided. Section 6: Briefs. The Board may request written briefs for legal argument. Applicants may submit written briefs if they so choose. Section 7: Conduct of Hearing. Order and decorum shall be maintained at the hearing by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of evidence wherever possible. The Chair may swear witnesses and direct order of testimony. The Chair shall avoid testimony that is overly redundant. The Chair may provide for recesses during the deliberation, as appropriate. Any Board member who has a legal conflict of interest shall recuse him/ herself from the decision-making process. A member who has a legal conflict of interest or otherwise elects to recuse him/herself due to a perceived conflict of interest shall state the reason for recusal prior to discussion of the matter under consideration and may choose to leave the meeting room for the duration of the proceedings for that application. Section 8: Hearing Order for Special Exceptions and Variances. The order of hearing for special exception or variance requests shall be as follows: 1.Staff presentation of the facts of the case and recommendation to the board.2.Statement by proponents of the application. 3.Statement by opponents of the application.4.Rebuttal by proponents and then by opponents.5.General discussion by the Board. The Board may request additional comments from the participants. 4 Section 9: Hearing Order for Appeals. The order of hearing for appeals of an administrative decision shall be as follows: 1.Brief introduction by the Secretary of the Board setting forth the administrative decision on appeal and appellant's grounds for the appeal. 2.Appellant presentation on the rationale for the appeal.3.Staff presentation on the rationale for the administrative decision being appealed. 4.Statement by proponents of the appeal.5.Statement by opponents of the appeal.6.Rebuttal by proponents and then by opponents.7.General discussion by the Board. The Board may request additionalcomments from the participants. Section 10: Board Deliberation. After all parties have been heard, the public hearing will be declared closed so that the Board may deliberate the case. The Board must state findings of fact and conclusions of law. These facts and legal conclusions must be set forth in writing as required by Iowa law. An application may be deferred or withdrawn at the request of the applicant at any time before a decision is made by the Board. Section 11: Board Motions. Motions may be made and seconded by any member of the Board. Motions are always made in the affirmative, approving the requested action. Section 12: Board Voting. After a motion and discussion, the Board shall be polled for votes. A board member may abstain from voting, which is a non-vote. The concurring vote of three (3) members of the Board shall be required to uphold an appeal, to decide in favor of a special exception, or to grant a variance. Voting on Board decisions will be by roll call and will be recorded by yeas and nays. Proxy votes are not allowed. Section 13: Legal Advisor. The City Attorney or a designated representative shall act as legal counsel to the Board. Section 14: Conduct of Meetings. Except as otherwise provided herein, Robert's Rules of Order Newly Revised shall be used to conduct Board hearings and meetings. ARTICLE VII. RECORDS: Section 1: Record of Hearings. Audio recordings shall be made for all hearings and such recordings shall be kept for a period of no less than six (6) weeks. Minutes shall be produced from such recordings and forwarded to the City Council after approval by the Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of the Board and shall also be on file at the City Clerk's Office. The applicant may request a court reporter at the applicant's own expense. Section 2: Case Files. The Secretary of the Board shall keep a file of all cases, including forms and additional information. Said file shall be a public record and available for public inspection during business hours. Copies may be made available upon request, at cost. 5 Section 3: Transcript. Upon request, a transcript or the audio recording of the Board's deliberation will be made, at cost to the requester. In the case of an appeal to district court there is no charge for the transcript. ARTICLE VIII. DECISIONS: Section 1: Timing. Whenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are considered. Section 2: Format. Formal decisions shall be made in writing, setting forth findings of fact and conclusions of law as required by Iowa law. Section 3: Filing. Each decision shall be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate the date and time of filing. The Clerk will forward the decision to the Johnson County Recorder's Office for recording at the City's expense. Section 4: Contact. A copy of said decision shall. be forwarded by the Secretary of the Board to the applicant, the Building Official, the City Attorney's Office, and any Attorney of Record within a reasonable time after filing with the City Clerk. Section 5: Reconsideration. Upon written request, the Board may reconsider a decision on a special exception or variance application. A request for reconsideration must be made within fifteen ( 15) calendar days of the meeting at which a vote on the application was originally taken and shall articulate and be based on evidence that was not presented or was unavailable at the time of the original hearing. A motion to reconsider must be made at the subsequent meeting by a member of the Board who voted on the prevailing side. If a motion to reconsider is approved, the application will be placed on the agenda of the next meeting in order to satisfy the requirement for public notice and hearing. No decision may be reconsidered more than once. Appeals to the Board may not be reconsidered. ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES. Section 1: Amendment. A concurring vote of three (3) of the members of the Board shall be necessary to amend these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting or at any special meeting called for that purpose. Amendments shall go into effect upon approval by the City Council. (Adopted Reso. No. 24-_� 6 MINUTES BOARD OF ADJUSTMENT FORMAL MEETING EMMA HARVAT HALL AUGUST 22, 2024-5:15 PM PRELIMINARY MEMBERS PRESENT: Larry Baker, Bryce Parker (via zoom), Mark Russo, Paula Swygard MEMBERS ABSENT: Nancy Carlson STAFF PRESENT: Sue Dulek, Anne Russett, Parker Walsh OTHERS PRESENT: Alex Carrillo, Brock Heller, Marcia Hammond, Mike O'Donnell CALL TO ORDER: The meeting was called to order at 5: 15 PM. ROLL CALL: A brief opening statement was read by Baker outlining the role and purpose of the Board and the procedures that would be followed in the meeting. SPECIAL EXCEPTION ITEM EXC24-0003: An application submitted by Harvest Preserve Foundation, Inc. requesting a special exception to allow a religious/private group assembly use in an Interim Development Single Family Residential (ID-RS) zone at 1645 N Scott Boulevard. Baker opened the public hearing. Russo stated he had consulted with the City attorney about a possible conflict of interest involving himself and a principal of this project. It turns out that it's not considered a legal conflict however, it falls upon his judgment as to whether or not he thinks he can be fair and impartial in in assessing the outcome of this hearing, and he believes he can. He acknowledged he is a supplier of materials to a project for Bedrock Builders in Kalona and that is the extent of his contact with them. Walsh began the staff report showing a location map of the property and although there is approximately 100 acres of land on this property, the project discussed in this application is located up in the northeast corner. Next Walsh shared the zoning map showing residential property to the west and to the south, and the remaining surrounding properties are zoned ID­RS. The Harvest Preserve Foundation, Inc, was established in 2005 as a nonprofit corporation dedicated to maintaining and preserving natural areas, while also increasing public awareness, appreciation and participation. The Preserve maintains approximately 100 acres of land that has been placed within the conservation easement to achieve their mission. The primary use of this land being parks and open space. The conservation easement also outlines buildable areas that are suitable for construction of allowed development and the applicant is seeking to construct a meeting space that provides members with the opportunities for education and shelter, with year-round restrooms. This use is classified as private group assembly. Walsh noted that the Good Neighbor meeting held in May, and correspondence from that, reflects where the applicant initially proposed to construct the building, which is up in the northwest corner of the property, and the current application before the Board has been revised in an effort to try to answer some of those concerns, including the building being moved. Staff has not received additional correspondence since the site revision. Walsh reviewed the floor plans of the building, floor one would be the main assembly area of the building and then there would also be a walkout basement. The Board of Adjustment is charged with approving, approving with conditions or denying the application based on the facts presented. To approve the special exception, the Board must find that it meets all applicable approval criteria, beginning with the specific standards of religious/ private group assembly in the ID-RS zones. Criteria A is that the following setbacks are required in lieu of the setback specified in the base zone, and those requirements are front and side setback of 20 feet and a rear setback of 50 feet. The proposed project and building location propose a front setback of 181 feet and a side setback of more than 181 feet. The side setback to the west would be 778 feet, and to the south more than 2750 feet. Therefore, the applicant is proposing to meet and exceed all the minimum requirements. Criteria B states the proposed use will be designed to be compatible with adjacent uses. The Board of Adjustment will consider aspects of the proposed use such as site size, type of accessory uses, anticipated traffic, building scale, setbacks, landscaping and location and amount of paved areas. The Board of Adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible or out of character with surrounding residential uses, or may require additional measures to mitigate these differences, such as requiring screening, landscaping, pedestrian facilities, setbacks, location, design of parking facilities and buildings. Walsh explained this use would provide an indoor meeting space and restrooms for its members for the purpose of education, trainings, leisure, shelter, and because it is a private group assembly it is primarily used for its members and that would mean it's restricted access to the general public. This space cannot be rented out for commercial office uses or events for the general public. The proposed design of the building is compatible with adjacent uses. It's 60 feet by 40 feet, or 2400 square feet, and it's one story with a walkout basement. The nearest residential home is a two story, 2242 square feet footprint, and a total floor area of approximately 4400 square feet. Transportation staff has reviewed and determined that the proposed use and associated traffic will not overburden Scott Boulevard, stating that the street currently carries approximately 5100 vehicles per day, and theoretically the capacity would exceed 15,000 vehicles per day. Transportation staff also determined that the use in existing parking spaces will not generate enough traffic to warrant further improvements to Scott Boulevard such as turn lanes or a traffic study. The occupant load of the main auditorium in the building is what is used to determine the off-street parking requirement, that occupancy is 125 people and would require 21 parking spaces. Criteria C states given that large parking lots can seriously erode the single-family residential character of these zones, the Board will carefully review any parking spaces beyond the minimum required. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on-street parking, the estimated parking demand and opportunities for shared parking with other non-residential uses in the vicinity. Walsh noted the proposed use does require 21 parking spaces, again calculated based on the Board of Adjustment August 22, 2024 Page 3 of 12 largest room in the building. The property contains an existing paved area capable of being striped for the required 21 spaces, so no new pavement or parking areas are proposed as part of this application. Bike parking will be required and that's something staff will review further at the site plan review. There's no on-street parking available along North Scott Boulevard, the nearest on-street parking would be along Tamarack Trail, which is 26 feet of pavement width, and that size of the street would support parking along one side. Criteria D is the proposed use will not have significant adverse effects on the livability of nearby residential uses due to noise, glare from lights, late night operations, odors or litter. The closest residential property line from the proposed use is located 778 feet to the west and it is separated by existing woodlands. To ensure the use does not produce negative impacts relating to noise or late-night operations, staff recommends a condition that the building housing the private group assembly use be closed from 1 0pm to 6am and that amplified sound not be allowed outside. Single family and ID-RS zones are in the low illumination district, which is the lowest lighting district within the code, however the ID-RS zone properties are not subject to the same lighting restrictions as single family uses. Due to the proximity to existing single family uses and the specific approval criteria that the use be designed to be compatible with adjacent uses, staff does recommend the condition that any future lighting be subject to the standards of 14-5G-3 standards related to single family and two family uses to ensure compatible lighting designs. Criteria E states the building official may grant approval for the following modifications to private group assembly without approval from the Board of Adjustment: 1.An accessory storage building less than five hundred (500) square feet in size.2.A building addition of less than five hundred (500) square feet, provided the addition does not increase the occupancy load of the building.Walsh explained this section is not applicable because this is a new application and new development. Criteria F is if the proposed use is located in a residential zone or in the Central Planning District it must comply with the multifamily site development standards. This property is not within a single-family residential zone or within the Central Planning District, so these standards do not apply. Next, Walsh reviewed the general standards applicable to all special exceptions. First is that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The proposed building will generally be of comparable scale to the surrounding residential uses and the applicant proposes an increased setback to maintain separation from existing development. The proposed use is classified as private group assembly so this is a site that's primarily intended for its members and would restrict access from the general public and cannot be rented out for commercial uses or events held by the general public. Regarding transportation staff has reviewed this site and the traffic generated by the proposed use will not overburden existing streets, and access to surrounding properties will not be affected. This proposed building would also provide an amenity to enhance the visiting experience for its members, programs and camps, while also acting as a safety shelter when necessary. Conditions for noise and lighting have been proposed to ensure the proposed use remains compatible with surrounding development as not to impede on the health, safety, comfort or welfare of the public.