HomeMy WebLinkAbout2025-10-08 BOA Decision Doc ID: 032588420008 Type: GEN
Kind: DECISION
Recorded: 10/17/2025 at 11:21:54 AM
Prepared by:Anne Russett,Senior Planner,410 E.Washington, Iowa City,IA 52240;319-3 Fee Amt: $42.00 Paqe 1 of 8
Johnson County Iowa
DECISION Kim Painter Countv Recorder
IOWA CITY BOARD OF ADJUSTMENT BK6701 PG847-854
WEDNESDAY, October 8, 2025
EMMA HARVAT HALL, CITY HALL
MEMBERS PRESENT: Larry Baker, Nancy Carlson, Julie Tallman, Mark Russo, Paula Swygard
MEMBERS ABSENT: None
STAFF PRESENT: Sue Dulek, Anne Russett, Danielle Sitzman
OTHERS PRESENT: Thomas McInerney, Dennis Cronk, Simran Singh, Paxton Williams,
Michael Olivera, James Kincade, Brad Temple, Karl Sigwarsh, Jared Carroll
SPECIAL EXCEPTION ITEMS:
1. EXC25-0006: A public hearing regarding a special exception application to allow a drive-
through in a Community Commercial (CC-2) zone for the property located at 1910 Lower
Muscatine Road.
The Board concludes that the following specific approval criterion is met:
Access and Circulation: The transportation system should be capable of safely supporting the
proposed drive-through use in addition to the existing uses in the area. Evaluation factors
include street capacity and level of service, effects on traffic circulation, access requirements,
separation of curb cuts, and pedestrian safety in addition to the following criteria:
Wherever possible and practical, drive-through lanes shall be accessed from secondary
streets, alleys, or shared cross access drives. If the applicant can demonstrate that access
from a secondary street, alley, or shared cross access drive is not possible, the board may
grant access to a primary street, but may impose conditions such as limiting the width of the
curb cut and drive, limiting the number of lanes, requiring the drive-through bays and stacking
lanes to be enclosed within the building envelope, and similar conditions.
This is based on the following findings:
• The proposed drive-through lane will be accessible through a shared access drive on the
south side of the building and not directly off Lower Muscatine Rd, which is a primary
street.
The Board concludes that the following specific standard is met:
To provide for safe pedestrian movement, the number and width of curb cuts servqag the use
may be limited. A proposal for a new curb cut on any street is subject to the stariards and
restrictions in chapter 5, article C, "Access Management Standards", of this.titke.
This is based on the following findings:
• No new curb cuts have been proposed with this application. _ =
The Board concludes that the following specific standard is met:
An adequate number of stacking spaces must be provided to ensure traffic safety is not
compromised. A minimum of six (6) stacking spaces is recommended for drive-through
facilities associated with eating establishments and a minimum of four(4)stacking spaces for
banking, pharmacies, and similar nonfood related drive-through facilities. "Stacking spaces"
shall be defined as being twenty feet(20')in length and the width of a one lane, one-way drive.
The board may reduce the recommended number of stacking spaces if the applicant can
demonstrate that the specific business has unique characteristics such that the recommended
number of parking spaces is excessive(i.e., a drive-through that is to be used for pick up only
and not ordering).
This is based on the following findings:
® The proposed site plan shows one drive-through lane with one pick-up window. This lane
has existed since it was formerly a drive-through facility for banking purposes.
The site plan shows six stacking spaces in the drive-through, meeting the minimum
requirements for stacking spaces as set forth in the recommended minimum stacking
spaces for non-food facilities.
The Board concludes that the following specific standard is met:
Sufficient on site signage and pavement markings shall be provided to indicate direction of
vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to
ensure safe vehicular and pedestrian movement.
This is based on the following findings:
• The site plan indicates directional pavement markings in the drive-through. A pavement
marking is also shown at the exit of the drive-through and reads "Do Not Enter".
® The site plan also shows an "Exit Only" sign at the exit of the drive-through facility.
® The site plan displays a pedestrian path between the existing building and the public
sidewalk to be installed towards the front facade of the building that is to be demarcated
with contrasting paint to the color of the pavement.
The Board concludes that the following specific standard is met:
Location: In the CB-2 zone and in all subdistricts of the riverfront crossings district located
east of the Iowa River, drive-through lanes and service windows must be located on a
nonstreet-facing facade. In all other locations where drive-throughs are allowed, this location
standard must be met, unless the applicant can demonstrate that a street-facing location is
preferable for the overall safety and efficiency of the site, does not conflict with adjacent uses
or pedestrian access, and does not compromise the character of the streetscape or
neWborhood in which it is located.
Thjisaed on the following findings:
• .T)he pY%osed drive-through lane is located in the rear of a building which does not face
-.—' -the sti`Olt.
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The Board concludes that the following specific standard is met:
Drive-through lanes must be set back at least ten feet (10')from adjacent lot lines and public
rights of way and screened from view according to the design standards below.
This is based on the following findings:
• Per the site plan the proposed drive-through is set back exactly 10 feet from the adjacent
lot line.
The site plan demonstrates the addition of S2 screening to screen the drive-through from
view of the neighboring property.
The Board concludes that the following specific standard is met:
Design Standards: The number of drive-through lanes, stacking spaces, and paved area
necessary for the drive-through facility will not be detrimental to adjacent residential properties
or detract from or unduly interrupt pedestrian circulation or the commercial character of the
area in which the use is located. The board of adjustment may increase or reduce these
standards according to the circumstances affecting the site.
To promote compatibility with surrounding development, the number of drive-through lanes
should be limited such that the amount of paving and stacking space does not diminish the
design quality of the streetscape or the safety of the pedestrian environment.
This is based on the following findings:
The site plan proposes one drive-through lane that is designated for pickup.
The drive-through will not impact the design quality of the streetscape because it is on the
rear portion of the lot, is adequately set back, and is screened from Lower Muscatine Road
and Mall Drive by buildings and landscaping.
® Pedestrian routes will be permanently demarcated where they cross internal drives, which
helps to ensure the safety of the pedestrian environment.
The Board concludes that the following specific standard is met:
Drive-through lanes, bays, and stacking spaces shall be screened from views from the street
and adjacent properties to the S2 standard. If the drive-through is located adjacent to a
residential use or property zoned residential, it must be screened from view of these
properties to at least the S3 standard. To preserve the pedestrian oriented character of
streets in the CB-2 zone and the riverfront crossings district, the board may require the
drive-through to be incorporated within the building or be screened with masonry stmet walls
and landscaping. Street walls shall be a minimum of five feet (5') in height a d shape
designed to complement the principal building on the site. C_-,
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This is based on the following findings:
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There is no residential zone adjacent to any side of the property, so theat r e-ttim—ugh,,MW
be screened to the S2 standard.
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The Board concludes that the following specific standard is met:
Multiple windows servicing a single stacking lane (e.g., order board, payment window, pick
up window) should be considered to reduce the amount of idling on the site.
This is based on the following findings:
• The site plan shows a single drive-through lane with one pick-up window. The proposal
does not incorporate an ordering kiosk.
• The proposal does not incorporate an ordering kiosk, menu board, or an intercom system.
Per the applicant, the drive-through will be for customers to pick-up pre-ordered items
placed on the mobile app or website. Payment will be made in advance of pick-up.
The Board concludes that the following specific standard is met:
Stacking spaces, driveways, and drive-through windows shall be located to minimize
potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding
landscape and streetscape design of the neighborhood in which it is located.
This is based on the following findings:
The drive-through is accessed through the shared access side-street off Lower Muscatine
Rd where there is no sidewalk, therefore reducing vehicle and pedestrian conflicts.
• The drive-through facility is clearly separated from the parking areas to avoid vehicular
conflicts.
The drive-through is on the rear portion of the lot and is screened from Lower Muscatine
Rd and Mall Drive by buildings and landscaping which helps integrate it into the landscape
and streetscape design of the neighborhood.
The Board concludes that the following specific standard is met:
Lighting for the drive-through facility must comply with the outdoor lighting standards set
forth in chapter 5, article G of this title and must be designed to prevent light trespass and
glare onto neighboring residential properties.
This is based on the following findings:
• Staff will ensure lighting meets the City standards to prevent light trespass and glare onto
neighboring properties during site plan review.
The Board concludes that the following specific standard is met:
Loudspeakers or intercom systems, if allowed, should be located and directed to minimize
disturbance to adjacent uses. Special consideration should be given to locations adjacent to
restdential_uses to ensure such systems do not diminish the residential character of the
neighborhood.
This is li� on the following findings:
• The prosal does not incorporate an ordering kiosk or an intercom system.
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The Board concludes that the specific proposed exception will not be detrimental to or
endanger the public health, safety, comfort or general welfare based on the following
findings:
• Onsite vehicular circulation and access are adequate to accommodate anticipated users
and drive-through traffic, and proposed signs and pavement markings will help efficiently
direct traffic.
Properly paved and designated pedestrian walkways will increase pedestrian awareness
in the parking lot and on the property.
The Board concludes 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 based on the following findings:
1910 Lower Muscatine Road is located in a CC-2 zone surrounded by other CC-2 zoning
designations and one Industrial designation. The addition of this drive-through is to be
used for retail sales uses that are either permitted or provisionally allowed in this zone.
The tobacco sales oriented use is required to meet separation distance requirements and
these distances have been met per the City Clerk's Office.
9 All exterior lights must meet the relevant standards within the zone which seek to prevent
light trespass and glare onto neighboring properties.
m The proposed exception is not expected to affect the use, enjoyment, or values of nearby
uses any more that other development allowed within the zone.
The Board concludes that 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 based on the following findings:
• The proposed addition of a drive-through for retail sales-oriented purposes aligns with the
uses of other commercial facilities within the area.
• All land surrounding the subject property has already been developed. The addition of a
drive-through use will not impede any potential future improvements of adjacent
properties.
The Board concludes that adequate utilities, access roads, drainage and/or necessary
facilities have been or are being provided based on the following findings:
® As the proposed special exception is an extension of the already existing building, utilities,
drainage, and access roads are provided.
® A 24" by 24" storm sewer is located in the northwest corner of the existing parking lot.
• The site contains adequate space for vehicular circulation and parking to accommodate
the use.
The Board concludes that adequate measures have been or will be taken lo_provide ingress
or egress designed to minimize traffic congestion on public streets based,Q,Q the 1,6Ilowing
findings: �;--'-
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The entrance to the drive-through lane is on a privately owned side-street with sufficient
stacking spaces to avoid traffic congestion.
The drive-through exit from the property leads to Mall Drive.
Adequate signage is present directing traffic flow to and from the property with Do Not
Enter signs at the exit and arrows in each entrance and exit.
There will be no sizable traffic impact to public streets with the addition of the drive-through
lane.
The Board concludes 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 applicable regulations or standards of the zone in which it is to be located based on
the following findings:
The subject property meets the requirements of the base zone.
® A site plan will be required prior to installation of the drive-through facility. Staff
recommends a condition that at the time of site plan approval, the site plan must
substantially comply with the site plan submitted with the special exception to ensure the
location of the pick-up window, pavement markings, and signage for the drive-through
facility.
The Board concludes that the exception is consistent with the Comprehensive Plan of the
City, as amended, based on the following findings:
® The IC2030 Comprehensive plan highlights the importance of recruiting new businesses
to economically revitalize the city and provide services to its residents with a goal to,
"Increase and diversify the property tax base by encouraging the retention and expansion
of existing businesses and attracting businesses that have growth potential and are
compatible with Iowa City's economy."
In the Southeast District Plan, Iowa City identifies the area's need to, "Maintain and update
existing buildings, landscaping, and other site elements to create a distinct identity and to
be competitive with other commercial areas."
DISPOSITON: By a vote of 5-0, the Board approved EXC25-0006, to allow for the establishment
of a drive-through facility in a Community Commercial (CC-2) zone for the property located at
1910 Lower Muscatine Rd. subject to the following conditions:
At the time of site plan approval, substantial compliance with the site plan submitted
with the special exception to ensure the location of the pick-up window, pavement
markings, and additional signage for the drive-through facility.
The required S2 screening of the drive-through facility shall be within a planting area
that is at a minimum 5' in width.
nd
APPEAL ITEM!
1? AF;25-0001: A public hearing regarding an appeal submitted by Prestige Properties to
overaurh`"ecision of the Building Official to approve a minor modification (MOD25-0005) to
de reasE tffie minimum required parking by 50% from 8 to 4 spaces for a proposed eating
r esiglistCma ent for the property at 305 N. Gilbert Street. The Board concludes that the Building
OK 4al and:JDirector of Neighborhood and Development Services correctly approved the minor
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modification because the proposed parking reduction meets the City Code requirements
based on the following findings:
The proposed parking reduction meets the following approval criteria outlined in Section 14-
413-1 of the Iowa City Code:
1. Special circumstances apply to the property, such as size, shape, topography,
location, surroundings, or characteristics, or preexisting site development, which make it
impractical to comply with the subject regulation or which warrant a modification and/or
waiver of the subject regulation.
2. The minor modification will not be detrimental to the public health, safety, or
welfare or be injurious to other property or improvements in the vicinity and in the zone
in which the property is located.
3. The minor modification does not exceed the minor modification standards or
allow a use or activity not otherwise expressly authorized by the regulations governing
the subject property.
4. The minor modification requested is in conformity with the intent and purpose of
the regulation modified.
5. The requested minor modification complies with other applicable statutes,
ordinances, laws and regulations.
And the proposed parking reduction meets the following criteria outlined in Section 14-4B-1A-
3 of the Iowa City Code:
The building official, in consultation with the Director of Neighborhood and
Development Services, may approve a minor modification as specified in 14-413-1 of this
title to reduce the total number of parking spaces required by up to fifty percent (50%) if
it meets the following standards:
a. It must be in a CB-2, CB-5, CC-2, CN-1, CO-1, or MU zone;
b. Buildings must be limited to a footprint of 5,000 square feet;
c. A parking demand analysis must be submitted that provides evidence that the
amount of parking proposed will be sufficient to meet the parking demand, which
depending on the complexity of the site, may require an engineered study, as
determined by staff; and
d. The proposed development must not result in the demolition of a property that
is designated as an Iowa City landmark, registered in the National Register of Historic
Places, or individually eligible for the National Register of Historic Places.
DISPOSITION: By a vote of 5-0, the Board upheld the decision of the Building Official and the
Director of Neighborhood and Development Services to approve a minor modification (MOD25-
0005)to decrease the minimum required parking by 50%from 8 to 4 spaces for a proposed eating
establishment for the property at 305 N. Gilbert Street.
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action, shall
expire six(6) months from the date they were filed with the City Clerk, unless the appliion
shall have taken action within such time period to establish the use or construct;the
improvement authorized under the terms of the Board's decision. City Code Secti6h 14,�QC-1 E;
City of Iowa City, Iowa. -
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{ Approved by:
Larry Baker, Chai erson aQS� ! V ,
City Attorney's Office
STATE OF IOWA }
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JOHNSON COUNTY
I, Kellie K. Grace, City Clerk of the City of Iowa City, do hereby certify that the Board of
Adjustment Decision herein is a true and correct copy of the Decision that was passed by the
Board of Adjustment of Iowa City, Iowa, at its meeting on the 8th day of October 2025 as the
same appears of record in my Office.
Dated at Iowa City, this day of r r , 2025
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Kellie K. Grace, City Clerk
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