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HomeMy WebLinkAbout2022-12-14 BOA Agenda PacketIOWA CITY BOARD OF ADJUSTMENT Wednesday, December 14, 2022 – 5:15 PM City Hall, 410 East Washington Street Emma Harvat Hall Agenda: 1.Call to Order 2.Roll Call 3.Special Exception Items a.EXC22-0008: An application submitted by Connor Moellenbeck (DayDrink Coffee) to reduce the minimum parking requirement of a historic property by 100 percent at 518 Bowery Street. b.EXC22-0004: A request submitted on behalf of JAM Investments of Iowa City to extend the expiration date from 6 months to 12 months for EXC22-0004, a special exception approved to expand an existing drive-through facility associated with an eating establishment in a Community Commercial (CC-2) zone at 1926 Keokuk Street. 4.Consideration of Meeting Minutes: November 9, 2022 5.Board of Adjustment Announcements 6.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: January 26 / February 8 / March 8 Informal: Scheduled as needed. December 14, 2022 Board of Adjustment Meeting EXC22-0008 ITEM 3A ON THE AGENDA Staff Report Prepared by Staff 1 STAFF REPORT To: Board of Adjustment Item: EXC22-0008 Parcel Number: 1015129030 Prepared by: Emani Brinkman, Planning Intern Kirk Lehmann, Associate Planner Date: December 14, 2022 GENERAL INFORMATION: Applicant/Contact Person: Connor Moellenbeck DayDrink Coffee connor@daydrink.coffee Property Owner(s): M&W Properties LLC Ryanwade1000@gmail.com Requested Action: Reducing the minimum parking requirement Purpose: To allow for a coffee shop in a historic building Location: 518 Bowery Street Location Map: Size: 1,470 square feet Existing Land Use and Zoning: Commercial; Neighborhood Commercial with a Historic District Overlay (OHD/CN-1) Surrounding Land Use and Zoning North: Residential, High Density Multi-Family Residential (RM-44) East: Residential, High Density Multi-Family Residential (RM-44) South: Residential, High Density Multi-Family Residential (RM-44) West: Residential, High Density Multi-Family Residential (RM-44) 2 Applicable Code Sections: 14-4B-3A: General Approval Criteria 14-5A-4F-7: Parking Reduction for Other Unique Circumstances File Date: October 26, 2022 BACKGROUND: The applicant, Connor Moellenbeck, is requesting a special exception to reduce the minimum parking requirement for the property located at 518 Bowery Street. The subject property contains a one-and-a-half story building on an unusually small lot (approximately 21 feet by 70 feet). The building was originally constructed as a grocery store between 1856 and 1864. As an established commercial business prior to the adoption of zoning in the mid-1920s, the property continued to be used for non-residential purposes on the ground floor. In 2012, the property was designated a Local Historic Landmark. The historic designation protects the building from demolition as well as exterior modification that would diminish its historic integrity. The designation also makes the property eligible for certain exceptions and zoning waivers to allow the continued use of the property, including a parking reduction of up to 100 percent. Also in 2012, the property was granted a special exception to allow for sales-oriented retail uses and to reduce parking (EXC12-000010). In 2013, another special exception was requested to convert the sales-oriented retail use into a coffee shop, but the application was ultimately withdrawn. In 2016, it was granted a special exception to allow general office and retail uses (EXC16-00010). These special exceptions allowed the continuance of commercial uses within a residential zone. More recently, the building was vacant for more than a year which caused EXC16-00010 to expire. The vacancy also meant that the property lost its non-conforming use status, which made it unable to obtain additional special exceptions to allow other non-conforming uses. Given the size of the property and structure, it was not possible to re-adapt it to a multi-family use, and single-family residential uses are not allowed in the zone. To remedy this situation, the applicant rezoned the property in August 2022 (REZ22-0010) from High Density Multi-Family Residential with a Historic District Overlay (OHD/RM-44) to Neighborhood Commercial with a Historic District Overlay (OHD/CN-1). The purpose was to establish a DayDrink coffee shop location at the property. This special exception is being requested because the property only has two legal non-conforming parking spaces, which is not enough to satisfy the 5-space minimum parking requirement for that use (parking is based on 1 parking space per 150 square feet of floor area). 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 14-5A-4F-7, pertaining to a parking reduction for other unique circumstances, 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 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: 14-5A-4F-7: Parking Reduction for Other Unique Circumstances: 7. Where it can be demonstrated that a specific use has unique characteristics such that the number of parking or stacking spaces required is excessive or will reduce the ability to use or occupy a historic property in a manner that will preserve or protect its historic, aesthetic, or cultural attributes, the Board of Adjustment may grant a special exception to reduce the number of required parking or stacking spaces by up to fifty percent (50%) (up to 100 percent for properties designated as a local historic landmark, listed on the National Register of Historic Places, or listed as key or contributing structures in a Historic District or Conservation District Overlay Zone). FINDINGS: • The property is designated as a local historic property and is listed in the National Register of Historic Places, so it is eligible for a 100 percent parking reduction. • CN-1 Zone Site Development Standards require that parking and loading areas be set back at least 20 feet from any rear or side lot line that abuts a residential zone. • Because the lot is 21 feet wide and abuts residential zones, the property is unable to provide any off-street parking spaces that conform with the Zoning Code. • Two legal non-conforming parking spaces are located at the rear of the property on a paved area that is 24 feet wide and 18 feet deep. Staff recommends a 100 percent parking reduction with the condition that 2 standard-sized (i.e. 9 feet by 18 feet) non- conforming spaces be retained behind the building with access off the alley. Note this would mean if the use changes to a use with a different minimum parking requirement in the future, it would continue to require only these two standard-sized spaces. • The small building size, lack of off-street parking opportunities, and limited on-street parking nearby will deter customers from driving to utilize the coffee shop. • The property is in an established, high-density neighborhood with good pedestrian and biking access, and it is also close to the University and downtown. • High levels of foot traffic will help support the use regardless of off-street parking. General Standards: 14-4B-3A: Special Exception Approval Criteria: 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. FINDINGS: • The parking reduction along with the recent rezoning legalizes this long-standing historic building and its use for non-residential purposes. • The parking reduction encourages alternative forms of transportation to the business. • The property is in an established, high-density neighborhood with easy pedestrian and biking access that is also close to the University and downtown. • The property would be required to maintain its 2 legal non-conforming parking spaces. 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: 4 • The building has been used for non-residential purposes since its construction, and previous uses were found to be compatible with the neighborhood character. • A coffee shop is in line with previous uses on the site. • Surrounding uses include homes and apartments which will not be negatively impacted by small-scale commerce, especially since the rezoning includes a condition that commercial uses cannot be open to the public between 10:00 p.m. and 6:00 a.m. • The property previously received parking reductions through the same provision. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. FINDINGS: • The surrounding neighborhood is fully developed with residential uses. • The building historically contained non-residential uses with limited off-street parking, which did not impede development and redevelopment of surrounding sites. • The proposed exception primarily seeks to legalize a long-standing situation. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: • The subject property is already developed, and all utilities, access roads, drainage and necessary facilities are established for this neighborhood. • There are multiple bus stops on Bowery Street that enhance access to the business. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • No physical changes are being proposed to the existing building, sidewalk, alley, or street, though pedestrian access would be added to the front door of the property. • On-street parking on the north side of Bowery Street is prohibited during daytime business hours, on-street parking on the south side of Bowery Street is prohibited, and on-street parking in surrounding neighborhoods is often occupied. • The portion of the street directly in front of the proposed business is a loading zone with a 15-minute time limit. • Most customers are expected to walk or bike to the business rather than drive. 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 building was recently rezoned from High Density Multi-Family Residential with a Historic District Overlay (OHD/RM-44) to Neighborhood Commercial with a Historic District Overlay (OHD/CN-1). • Under previous zoning, the property contained four types of legal nonconforming situations, including those related to the use, structure, development, and lot. 5 • The new zone made the subject property conforming with regards to the use and lot, but it remains a legal nonconforming structure due primarily to setback standards, and a legal non-conforming development due to the CN-1 site development standards such as parking setbacks and screening. Non-conforming situations may continue as allowed by Article 14-4E ‘Nonconforming Situations’ of the City Code. • Because the property is in a Historic District Overlay zone, any exterior changes to the building must be approved by the Historic Preservation Commission. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: • The Future Land Use Map of the Comprehensive Plan identifies the subject property as appropriate for multi-family residential development at a density of 25+ dwelling units per acre, while the Central District Plan Future Land Use Map designates it as High-Density Multi-Family Redevelopment. • The Comprehensive Plan encourages sustainable and walkable neighborhoods and commercial uses that contribute to the quality of life in neighborhoods. • The Comprehensive Plan includes goals about retaining and encouraging the growth of existing, locally owned businesses, and it recognizes that small, and independently owned, local businesses are integral to Iowa City’s ‘brand’ and sense of identity. • The Central District Plan acknowledges that several properties developed with neighborhood commercial uses, and that many have continued as their original type of use which has created a focal point for their neighborhoods. • The Comprehensive Plan includes language about preserving historic resources to give residents opportunities to live close to where they shop, and the Historic Preservation Plan has goals to conserve historic neighborhoods which reflect their organic development and historic roles and traditions. • Due to the subject property’s local landmark status, demolition of the building would only occur if the building is found to be structurally unsound. STAFF RECOMMENDATION: Staff recommends approval of EXC22-0008, to reduce the required parking requirement by 100 percent for the property located at 518 Bowery Street subject to the following condition: 1. Two non-conforming parking spaces sized 9 feet by 18 feet shall be retained behind the building with access off the alley. ATTACHMENTS: 1. Location & Zoning Maps 2. Building and Lot Diagram 3. Correspondence 4. Application Materials Approved by: _________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services December 14, 2022 Board of Adjustment Meeting EXC22-0008 ATTACHMENT 1 Location & Zoning Maps Prepared by Staff BOWERY STS VAN BUREN STS JOHNSON STEXC22-0008 518 Bowery Streetµ Prepared By: Emani Brinkman Date Prepared: November 2022 An application submitted by Connor Moellenbeck for a special exception allowing a 100% parking reduction for 1,470 square feet of property located at 518 Bowery Street. 0 0.01 0.020.01 Miles BOWERY STS VAN BUREN STS JOHNSON STRM44 EXC22-0008 518 Bowery Streetµ Prepared By: Emani Brinkman Date Prepared: November 2022 An application submitted by Connor Moellenbeck for a special exception allowing a 100% parking reduction for 1,470 square feet of property located at 518 Bowery Street. 0 0.01 0.020.01 Miles CN1 December 14, 2022 Board of Adjustment Meeting EXC22-0008 ATTACHMENT 2 Building and Lot Diagram Prepared by Staff Existing Building Paved Area 7’0”40’0”23’0”70’0”2’9”18’0”3” 21’0” Building & Lot Diagram Kirk Lehmann December 8, 2022 1” = 10’ Note: This diagram is for illustrative purposes. Measurements are approximate and based on proposed site plan submitted by K. Barton & S. Rosenberg dated November 19, 2012 and description by Connor Moellenbeck dated December 7, 2022 Landscaping 4’ deep Pedestrian Walk 3.3’ wide ALLEYSIDEWALK N December 14, 2022 Board of Adjustment Meeting EXC22-0008 ATTACHMENT 3 Correspondence Submitted by the Identified Party 1 Kirk Lehmann From:Ryan Peterson <rjpeterson@gmail.com> Sent:Wednesday, November 30, 2022 10:42 AM To:Kirk Lehmann Subject:Fwd: DayDrink Coffee ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Hi Kirk, Following-up after our phone conversation yesterday, I'm emailing confirming that I have no concerns about the Special Exception for 518 Bowery St. I think DayDrink Coffee will be a great addition to the neighborhood. I particularly like their emphasis on reusable glass containers for beverages, which is unique and praiseworthy. I wish more businesses in Iowa City took their same approach and consider them a leader I'd like to see succeed and a positive example to other establishments. Thanks for your time. Best Regards and Happy Holidays, Ryan Peterson Landlord/Owner 606 S Johnson St November 18, 2022 RE: Special Exception for 518 Bowery Street Dear Property Owner and/or Resident: The Iowa City Board of Adjustment has received an application submitted by Connor Moellenbeck (DayDrink Coffee) requesting a special exception to reduce the minimum parking requirement of a historic property by 100% at 518 Bowery Street (see attached map). As a neighboring property owner and/or resident, you are being notified of this application. If you know of any interested party who has not received a copy of this letter, we would appreciate it if you would inform them of the pending application. The Board of Adjustment will review this application at a public meeting tentatively scheduled for December 14, 2022 at 5:15 pm in Emma Harvat Hall, City Hall, 410 East Washington Street, Iowa City. Because the meeting is subject to change, you may wish to call 319-356-5247 or check the City of Iowa City’s website, www.icgov.org/BOA, the week of the meeting to confirm the meeting agenda. You are welcome to attend this public meeting to present your views concerning this application. You may also submit written information to me for consideration in advance of the meeting, and I will include your comments in the information to be considered by the Board. Please do not hesitate to contact me at klehmann@iowa-city.org or 319-356-5247 if you have any questions or comments about this application or if you would like more information on the Board of Adjustment review process. Sincerely, Kirk Lehmann Associate Planner City of Iowa City Department of Neighborhood and Development Services What is the Board of Adjustment? The Board of Adjustment is panel made up of Iowa City citizens appointed by the City Council. The board reviews and grants special exceptions and variances and also considers appeals when there is a disagreement about an administrative zoning decision made by the City. Members of the board act like judges, making decisions about individual properties and uses that may have difficulty meeting a specific zoning regulation or to resolve disputes about administrative zoning decisions. The actions and decisions of the Board of Adjustment are binding upon all parties unless overturned upon appeal to District Court. What is a special exception? There are two types of special exceptions. 1. Within the zoning code a number of land uses are set apart as special exceptions that may be permitted in certain zones. Rather than permitting these uses outright, each is reviewed on a case-by-case basis to ensure that they do not negatively affect surrounding properties. For example, daycare centers are permitted in residential zones by special exception. The same is true of churches and private schools. All may be appropriate uses in residential zones, if certain criteria such as parking, screening, and other requirements are met. 2. Adjustments to specific zoning requirements in cases where there are unique circumstances. Again, the opportunity to adjust these requirements and the criteria for allowing such adjustments are described in the Zoning Code. For example, a homeowner may apply for a reduction in a building setback in order to accommodate an addition or other improvement to their property. The Zoning Code lists explicitly each use and standard for which a special exception may be considered. In other words, you can’t request a special exception for everything—only those things called out as special exceptions in the Code. The Code also provides criteria specific to each request. Applicants must provide evidence that they satisfy each of these criteria, and the Board must consider these criteria when making a determination as to whether to grant a special exception. What is a variance? A variance grants a legal right to an owner to develop property in a manner that deviates from a specific provision of the Zoning Code and for which a special exception is not expressly allowed. In seeking relief from the restrictions in the Zoning Code, the property owner applying for the variance must show that the strict application of the Zoning Code would cause and unnecessary hardship such that the property in question is unusable or that a literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the zoning district. In addition the circumstances that create this hardship must be unique to the property in question and must not be of the property owner’s own making. What is an appeal? The Board considers and rules on appeals from any citizen who believes there is an error in any decision, determination, or interpretation made by the City or its designee in the administration of the Zoning Code. As with their other decisions, the Board’s ruling is binding on all parties unless overturned on appeal to the District Court. How does the review process work? An application requesting a special exception, variance, or an appeal is a request. The Board makes a decision on whether to grant a specific request only after City staff have provided a review of an application and the public has had an opportunity to make its concerns known. The Board not only has the right to approve or deny requests, but may also choose to approve request subject to certain conditions. In making decisions, the Board may only consider comments and evidence relevant to the specific standards provided in the code. City Development Staff provide reports to the Board for each application on the agenda. The Staff Report provides background information on the application, informs the Board of all the criteria in the Code that a particular application must satisfy, and interprets whether and how an application has satisfied these criteria. How can I participate in the process? Because most applications will be reviewed and decided upon at a single public hearing, it is important for interested parties to respond in a timely and informed manner. Those who wish to speak for or against an application are given an opportunity to be heard by the Board at the hearing, but may also submit written comments prior to the meeting. Written comments must be delivered to the Department of Neighborhood & Development Services at City Hall no later than 5 days before the hearing in order to be included with the Staff Report. All correspondence submitted after that time will be delivered to the Board at the time of the hearing. The Board considers the application, the recommendation of staff (in the staff report) and any additional information, correspondence, or testimony provided at the hearing. Board of Adjustment hearings are usually held on the second Wednesday of each month at 5:15 p.m. in Emma J. Harvat Hall in City Hall. You can find more information at the following website: www.icgov.org/boa. The Staff Report can be very useful to anyone who is unfamiliar with the BOA process or with the Zoning Code and will provide an understanding of the criteria that the Board must consider in rendering its decision. Staff Reports may be obtained from the Department of Neighborhood & Development Services. E-mail kirk-lehmann@iowa- city.org to request a copy of a report. If you have questions about an application or if you simply want more information about issues related to the Board of Adjustment, please feel free to contact Kirk Lehmann at 319-356- 5230 or e-mail kirk-lehmann@iowa- city.org. To submit comments to the Board of Adjustment write to the Board of Adjustment c/o the Department of Neighborhood & Development Services, 410 E. Washington St., Iowa City IA 52240 or e-mail klehmann@iowa- city.org. Board of Adjustment: Frequently Asked Questions BOWERY STS VAN BUREN STS JOHNSON STEXC22-0008 518 Bowery Streetµ Prepared By: Emani Brinkman Date Prepared: November 2022 An application submitted by Connor Moellenbeck for a special exception allowing a 100% parking reduction for 1,470 square feet of property located at 518 Bowery Street. 0 0.01 0.020.01 Miles Mailing Name Mailing Address2 Mailing AddMailing Zip Code I & Y FAMILY TRUST 27235 E ALDER DR AURORA, CO 80016 MICHAEL T & KELLEY A MCLAU1020 HIGHLAND PARK AVE CORALVILLE 52241 TWO CITIES LLC 1955 JAMES ST CORALVILLE 52241 WHO PROPERTIES LLC 721 HIGHLAND PARK AVE CORALVILLE 52241 CRUISE FURMAN LLC 1106 N DODGE ST IOWA CITY,  52245 BOWERY HOUSE INC 1106 N DODGE ST IOWA CITY,  52245 CRUISE FURMAN LLC 1106 N DODGE ST IOWA CITY,  52245 JOHN O & JOELLEN S ROFFMA1314 BURRY DR IOWA CITY,  52246 PUBLIC SPACE ONE INC 229 N GILBERT ST IOWA CITY,  52245 614 S JOHNSON STREET INC 2445 DEVON CT NE IOWA CITY,  52240 DYLAN INVS LLC 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513 BOWERY ST UNIT 2 IOWA CITY,  52240 RESIDENT OF 513 BOWERY ST UNIT 3 IOWA CITY,  52240 RESIDENT OF 513 BOWERY ST UNIT 4 IOWA CITY,  52240 RESIDENT OF 513 BOWERY ST UNIT 5 IOWA CITY,  52240 RESIDENT OF 513 BOWERY ST UNIT 6 IOWA CITY,  52240 RESIDENT OF 514 S JOHNSON ST IOWA CITY,  52240 RESIDENT OF 515 S DODGE ST IOWA CITY,  52240 RESIDENT OF 516 BOWERY ST IOWA CITY,  52240 RESIDENT OF 516 S VAN BUREN ST IOWA CITY,  52240 RESIDENT OF 518 BOWERY ST IOWA CITY,  52240 RESIDENT OF 518 S VAN BUREN ST IOWA CITY,  52240 RESIDENT OF 519 S DODGE ST IOWA CITY,  52240 RESIDENT OF 519 S VAN BUREN ST IOWA CITY,  52240 RESIDENT OF 520 S JOHNSON ST IOWA CITY,  52240 RESIDENT OF 521 BOWERY ST IOWA CITY,  52240 RESIDENT OF 521 S JOHNSON ST IOWA CITY,  52240 RESIDENT OF 521 S VAN BUREN ST IOWA CITY,  52240 RESIDENT OF 525 S JOHNSON ST IOWA CITY,  52240 RESIDENT OF 526 S JOHNSON ST IOWA CITY,  52240 RESIDENT OF 527 S VAN BUREN ST IOWA CITY,  52240 RESIDENT OF 528 S VAN BUREN ST IOWA CITY,  52240 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619 S JOHNSON ST IOWA CITY,  52240 RESIDENT OF 620 BOWERY ST IOWA CITY,  52240 RESIDENT OF 620 S GILBERT ST IOWA CITY,  52240 RESIDENT OF 621 S DODGE ST IOWA CITY,  52240 RESIDENT OF 621 S JOHNSON ST IOWA CITY,  52240 RESIDENT OF 624 S GILBERT ST IOWA CITY,  52240 RESIDENT OF 625 BOWERY ST IOWA CITY,  52240 RESIDENT OF 626 BOWERY ST IOWA CITY,  52240 RESIDENT OF 626 S VAN BUREN ST IOWA CITY,  52240 RESIDENT OF 630 S JOHNSON ST IOWA CITY,  52240 RESIDENT OF 631 S VAN BUREN ST IOWA CITY,  52240 December 14, 2022 Board of Adjustment Meeting EXC22-0008 ATTACHMENT 4 Special Exception Application Submitted by the Applicant Project Description: Parking Reduction of 100%. Specific Criteria (14-5A-4F): 7. Parking Reduction For Other Unique Circumstances: Where it can be demonstrated that a specific use has unique characteristics such that the number of parking or stacking spaces required is excessive or will reduce the ability to use or occupy a historic property in a manner that will preserve or protect its historic, aesthetic, or cultural attributes, the Board of Adjustment may grant a special exception to reduce the number of required parking or stacking spaces by up to fifty percent (50%) (up to 100 percent for properties designated as a local historic landmark, listed on the National Register of Historic Places, or listed as key or contributing structures in a Historic District or Conservation District Overlay Zone). The exemption of no parking required at 518 Bowery street will: A. Promote walking, biking in and around the area, which will help preserve the Historic Landmark of 518 Bowery Street simply due to the preservation of its space and original stature. B. Allow the surrounding area to continue to flourish without the need for construction, leading to cramming the area and its traffic. C. Sustain the natural beauty and aesthetics of the building simply by not creating additional needs for parking, which could lead to various spaces needed to create parking for patrons. D. Promote a neighborly environment for people who live in and around the area, leading to more people caring about the area and its overall health. General Approval Criteria In addition to the specific approval criteria, the Board must also find that the requested special exception meets the following general approval criteria or that the following criteria do not apply (14-4B-3). In your attachment, provide specific information, not just opinions, that demonstrate that the specific requested special exception meets the general approval criteria listed below or that the approval criteria are not relevant in your particular case. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The exemption of parking will not be detrimental to public health, in which it may benefit the city’s public health due to parking in various streets to walk to the cafe. 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish and impair property values in the neighborhood. There will be no injurious addition to the neighborhood of 518 Bowery Street, so not requiring a parking lot will keep property values and land values consistent and not hindered by additional construction. The ability to have a cafe in a residential neighborhood will potentially bring more enjoyment to a densely populated area. 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. City of Iowa City Special Exception Application Guide 4 Updated 02.01.2022 Being there will be no additional construction done outside of the building, there will be no impeding development and improvements for surrounding areas. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Roads, utilities, and drainage will not be hindered to this special exemption, in which no physical destruction/construction will be done in this area. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. There will be no street parking allowed outside of 518 Bowery- outside of a 15 minute loading zone which will be strictly enforced. 6. Except for the specific regulations and standards applicable to the special exception being considered, the specific proposed exception in all other respects conforms to the applicable regulations or standards of the zone in which it is to be located. Depending on the type of special exception requested, certain specific conditions may need to be met. The applicant will demonstrate compliance with the specific conditions required for a particular use as provided in the City Code section 14-4B as well as requirements listed in the base zone or applicable overlay zone and applicable site development standards (14-5A through K).] The special exemption of no parking will comply with all the Code Requirements put on by the City of Iowa City because no changes to the structure will be made. 7. The proposed use will be consistent with the Comprehensive Plan of the City. The special exemption of no parking required will allow patrons to walk to the cafe without blocking more parts of Bowery street and surrounding areas. 430 S VAN BUREN STREET INC 916 MAIDEN LANE IOWA CITY, IA 52240 IOWA CITY 52240 503 SVB LC 414 E MARKET ST IOWA CITY, IA 52245 IOWA CITY 52240 505-513 S VAN BUREN LLC 414 E MARKET ST IOWA CITY, IA 52245 IOWA CITY 52240 521 SVB LLC 414 E MARKET ST IOWA CITY, IA 52245 IOWA CITY 52240 610 S JOHNSON HOUSING COOPERA4047 KITTY LEE RD IOWA CITY, IA 52240 IOWA CITY 52240 612 S JOHNSON STREET LLC 414 E MARKET ST IOWA CITY, IA 52245 IOWA CITY 52240 614 S JOHNSON STREET INC 2445 DEVON CT NE IOWA CITY, IA 52240 IOWA CITY 52240 APARTMENTS AT U OF I LC 414 E MARKET ST IOWA CITY, IA 52245-2627 IOWA CITY 52240 APARTMENTS AT U OF I LC 414 E MARKET ST IOWA CITY, IA 52245 IOWA CITY 52240 AUDITOR'S OFFICE 913 S DUBUQUE ST STE 10IOWA CITY, IA 52240 BOWERY HOUSE INC 1106 N DODGE ST IOWA CITY, IA 52245 IOWA CITY 52240 CRAIG A & KIMBERLY D EVANS 4300 SIOUX AVE 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1314 BURRY DR IOWA CITY, IA 52246 IOWA CITY 52240 KD PROPERTIES LLC 125 BICKFORD DR WEST BRANC 52358 IOWA CITY 52240 KOETHE INVESTMENTS LLC PO BOX 725 NORTH LIBER 52317 IOWA CITY 52240 LILIENTHAL PROPERTIES LLC 68 SOLON RD SOLON, IA 52333 IOWA CITY 52240 M & W PROPERTIES LLC 518 BOWERY ST IOWA CITY, IA 52240 IOWA CITY 52240 Mailing Name Mailing Address2 Mailing AddressMailing Zip CodCity (mail) Zip Code MG APARTMENTS LC 711 S GILBERT ST IOWA CITY, IA 52240 IOWA CITY 52240 MICHAEL T & KELLEY A MCLAUGHLI1020 HIGHLAND PARK AVE CORALVILLE, 52241 IOWA CITY 52240 MICHAEL T & KELLEY A MCLAUGHLI1020 HIGHLAND PARK AVE CORALVILLE, 52241 IOWA CITY 52240 MICHAEL T & KELLEY A MCLAUGHLI1020 HIGHLAND PARK AVE CORALVILLE, 52241 IOWA CITY 52240 MICHAEL T & KELLEY A MCLAUGHLI1020 HIGHLAND PARK AVE CORALVILLE, 52241 IOWA CITY 52240 MICHAEL T & KELLEY A MCLAUGHLI1020 HIGHLAND PARK AVE CORALVILLE, 52241 IOWA CITY 52240 MICHAEL T & KELLEY A MCLAUGHLI1020 HIGHLAND PARK AVE CORALVILLE, 52241 IOWA CITY 52240 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916 MAIDEN LN IOWA CITY, IA 52240 IOWA CITY 52240 RUBY INVESTMENTS LLC 916 MAIDEN LN IOWA CITY, IA 52240 IOWA CITY 52240 RUBY INVESTMENTS LLC 916 MAIDEN LN IOWA CITY, IA 52240 IOWA CITY 52240 RYAN J & ANA I PETERSON 524 GALWAY DR IOWA CITY, IA 52246 IOWA CITY 52240 T-1 LLC PO BOX 3047 IOWA CITY, IA 52244-3047 IOWA CITY 52240 THOMAS W & CHRISTINE A MENTZ 419 PARK RD IOWA CITY, IA 52246-2311 IOWA CITY 52240 THOMAS W & CHRISTINE A MENTZ 419 PARK RD IOWA CITY, IA 52246-2311 IOWA CITY 52240 THOMAS W & CHRISTINE A MENTZ 419 PARK RD IOWA CITY, IA 52246-2311 IOWA CITY 52240 THOMAS W & CHRISTINE A MENTZ 419 PARK RD IOWA CITY, IA 52246-2311 IOWA CITY 52240 TWO CITIES LLC 1955 JAMES ST CORALVILLE, 52241 IOWA CITY 52240 U LLC PO BOX 3047 IOWA CITY, IA 52244-3047 IOWA CITY 52240 V-1 LLC PO BOX 3047 IOWA CITY, IA 52244-3047 IOWA CITY 52240 VAN BUREN VILLAGE LLC 610 EASTBURY DR STE 1 IOWA CITY, IA 52245 IOWA CITY 52240 WHO PROPERTIES LLC 721 HIGHLAND PARK AVE CORALVILLE, 52241 IOWA CITY 52240 XA-XB LLC PO BOX 3049 IOWA CITY, IA 52244-3049 IOWA CITY 52240 XJ-11 LLC PO BOX 3049 IOWA CITY, IA 52244-3049 IOWA CITY 52240 XJ-15 LLC PO BOX 3049 IOWA CITY, IA 52244-3049 IOWA CITY 52240 XJ-22 LLC PO BOX 3049 IOWA CITY, IA 52244-3049 IOWA CITY 52240 XK LLC PO BOX 3049 IOWA CITY, IA 52244-3049 IOWA CITY 52240 XM LLC PO BOX 3049 IOWA CITY, IA 52244-3049 IOWA CITY 52240 XN LLC PO BOX 3049 IOWA CITY, IA 52244-3049 IOWA CITY 52240 XW LLC PO BOX 3049 IOWA CITY, IA 52244-3049 IOWA CITY 52240 XY LLC PO BOX 3049 IOWA CITY, IA 52244-3049 IOWA CITY 52240 XY LLC PO BOX 3049 IOWA CITY, IA 52244-3049 IOWA CITY 52240 XY LLC PO BOX 3049 IOWA CITY, IA 52244-3049 IOWA CITY 52240 ZA-1 LLC PO BOX 3047 IOWA CITY, IA 52244-3047 IOWA CITY 52240 ZB-1 LLC PO BOX 3047 IOWA CITY, IA 52244-3047 IOWA CITY 52240 ZC LLC PO BOX 3047 IOWA CITY, IA 52244-3047 IOWA CITY 52240 ZD LLC PO BOX 3047 IOWA CITY, IA 52244-3047 IOWA CITY 52240 ZE-1 LLC PO BOX 3047 IOWA CITY, IA 52244-3047 IOWA CITY 52240 ZF LLC PO BOX 3047 IOWA CITY, IA 52244-3047 IOWA CITY 52240 ZH LLC PO BOX 3047 IOWA CITY, IA 52244-3047 IOWA CITY 52240 ZI LLC PO BOX 3047 IOWA CITY, IA 52244-3047 IOWA CITY 52240 ZJ-10 LLC PO BOX 3049 IOWA CITY, IA 52244-3049 IOWA CITY 52240 ZJ-14 LLC PO BOX 3049 IOWA CITY, IA 52244-3049 IOWA CITY 52240 ZJ-19 LLC PO BOX 3049 IOWA CITY, IA 52244-3049 IOWA CITY 52240 ZJ28 LLC PO BOX 3049 IOWA CITY, IA 52244-3049 IOWA CITY 52240 ZJ29 LLC PO BOX 3049 IOWA CITY, IA 52244-3049 IOWA CITY 52240 ZJ8-9 LLC PO BOX 3049 IOWA CITY, IA 52244-3049 IOWA CITY 52240 ZM LLC PO BOX 3047 IOWA CITY, IA 52244-3047 IOWA CITY 52240 ZT LLC PO BOX 3049 IOWA CITY, IA 52244-3049 IOWA CITY 52240 ZU LLC PO BOX 3049 IOWA CITY, IA 52244-3049 IOWA CITY 52240 LYON'S 2ND ADDITION E 21' OF S 70' LOT 15 BLK 6 December 14, 2022 Board of Adjustment Meeting EXC22-0004 ITEM 3B ON THE AGENDA Request to Extend Expiration Date Submitted by the Applicant 1 Kirk Lehmann From:🔔AOL Mail® <tscesniak@aol.com> Sent:Tuesday, December 6, 2022 12:50 PM To:Kirk Lehmann Subject:Fwd: EXC22-0004 Expires Dec. 17 ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or  attachments. **   Mr. K. Lehmann, Please be advised that I am requesting a six month extension for the special exception that is now in place. The construction documents will be submitted by 12/12/2022. Sincerely,  Thomas V. Scesniak   THOMAS V. SCESNIAK ASSOCIATES, Inc          847.352.5112   December 14, 2022 Board of Adjustment Meeting PRELIMINARY MEETING MINUTES ITEM 4 ON THE AGENDA November 9, 2022 Prepared by Staff MINUTES PRELIMINARY BOARD OF ADJUSTMENT FORMAL MEETING EMMA HARVAT HALL NOVEMBER 9, 2022 – 5:15 PM MEMBERS PRESENT: Nancy Carlson, Gene Chrischilles, Mark Russo, Paula Swygard MEMBERS ABSENT: Bryce Parker STAFF PRESENT: Eric Goers, Kirk Lehmann OTHERS PRESENT: Matt Knepper, John Ockenfel, Steve Wilson CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Chrischilles outlining the role and purpose of the Board and the procedures that would be followed in the meeting. SPECIAL EXCEPTION ITEM EXC22-0006: An application submitted on behalf of Iowa City Ready Mix Inc. to allow a heavy manufacturing use in a General Industrial (1-1) zone for a temporary concrete batch plant at 3 E. Benton Street. Chrischilles opened the public hearing. Lehmann began the staff report with an aerial map of the site. The surrounding uses are the Riverfront Crossings Park to the south, the Iowa River directly to the west, to the north are vacant industrial property and commercial uses and to the east are some Johnson County uses. In terms of zoning, it's primarily zoned I-1 which is General Industrial with some I-2 Heavy Industrial. Around the area, there's some C-I which is Intensive Commercial and P-1 which is Neighborhood Public and includes both the park and the Johnson County properties. Iowa City Ready Mix is requesting to establish a temporary concrete batch plant at 11 West Benton Street, which is on west side of the parcel designated 3 E. Benton Street. Staff will be using the addresses interchangeably. That portion of the property is zoned I-1 which allows concrete batch plants which is a heavy manufacturing use, but it requires a special exception. That portion of the site is vacant, but it was formerly the site of Iowa City Ready Mix and was a concrete batch plant in the past, around 30 years ago or so. The proposed use is expected to be temporary, six to eight weeks, and they're expecting to have the concrete batch plants starting in April 2023. The use that's proposed is a portable batch plant so it's on a trailer and it's got some material silos as well. There'll be some materials, piles of rock and sand, and there's also a portable office affiliated with the proposed use. The reason it's temporary is because their primary facility at 1854 South Riverside Drive is undergoing renovations. Board of Adjustment November 9, 2022 Page 2 of 14 In terms of uses on the subject property, there'll be mixer trucks loaded on site and then concrete would mixed as the trucks drive to the site. For the most part they would continue to use portions of their existing facility as well for parking and some other things. Lehmann showed images of the proposed concrete batch plant, noting it would be located on the north portion of the western side of the property. The office would be located just to the east of it, and it would be right off of the entrance where there's street access to the property. The southwest side of the property is where the materials would be located and there'd be a silt fence around it. There's also a small rinsing area for the trucks. Lehmann pointed out there are some existing buildings on the site as well to the east that are occupied by existing uses. The subject property also has the floodplain and is near the river so that is something else that factors into this application. Lehmann next showed some photos of the site. The role of the Board of Adjustment tonight is to either approve, approve with conditions, or deny the application based on the facts presented. To approve the application they must find that all applicable approval criteria are met and that includes both specific standards that pertain to the specific special exception requested and then also general standards that apply for all special exceptions. The specific standards are in City code 14-4B-4C-4 for Heavy Manufacturing uses in CI-1 zones and I-1 zones. Lehmann reiterated heavy manufacturing uses in those zones are limited to concrete batch plants so the proposed use may be allowed with a special exception if it meets the following standards. The first is that the proposed use must be at least 500 feet from residentially zoned properties. In terms of surrounding uses, there are no residential zones nearby. There is a property that's zoned Riverfront Crossings, Central Crossings (RFC-CX), which has some residential uses, but is not classified as a residential zone and where the actual equipment is located on the parcel, it's more than 500 feet from the residential uses, therefore staff believes that this criterion is met. The second is that all outdoor storage and work areas must be located and screened to adequately reduce the noise, dust and visual impact of proposed use from surrounding properties. Lehmann explained in this case the portable plant has a collector that will reduce dust impacts, and most noises are associated with loading the mixer and that loading point is 100 feet from Benton Street and the construction equipment is subject to the city's noise ordinance. Additionally, because there are no nearby residential uses, staff believes those factors together help reduce noise impact. Lehmann noted that Swygard sent him a question about the discussion in the application materials regarding the timing of operation of construction equipment. In staff’s initial correspondence with the applicant, staff suggested that there be a condition that equipment not be operated before 7am or after 10pm, which was modeled on the City's noise ordinance. However, in the staff report packet, staff did not recommend that condition, primarily because those sorts of conditions are typically used to reduce impacts to residential properties, and there are none nearby, so staff believed that those impacts were less concerning after they looked into it further. Additionally, the use is subject to the City's noise ordinance already and that requires that construction equipment not be operated before 7am unless they receive a permit from the City Engineer. So there is an opportunity to operate before 7am and the applicant requested starting at 6:30am. Staff believes that the permitting process through Public Works would take into account surrounding uses. In the end, staff didn’t believe the condition was necessary and that's why it wasn’t in the staff report packet. Lehmann noted in some cases, the applicant suggested they might want to start at 5am but that would also be subject to the City Engineer’s permitting process. If the Board of Board of Adjustment November 9, 2022 Page 3 of 14 Adjustment doesn't believe that is satisfactory, they have the flexibility to add a condition if they think it's going to impact properties. With regards to screening, there are existing trees to the west and south that screen the use from the river and the park. There are existing buildings to the east that adequately screened the use from South Clinton Street and to the north from Benton Street there is a 40-foot setback for the property, and a change in grade, so staff believes that adequately screens it, especially given the temporary nature of the use. However, staff wants to ensure that this is a temporary use so staff recommends a condition that the use terminate 180 days after March 1, 2023. Staff also recommends that be allowed to be extended upon a vote of the Board of Adjustment if down the line something comes up or there's a delay. Termination would be defined as the successful closure and abandonment of all utilities. The third criterion is related to traffic circulation and access points. In this case, the subject property is accessed from a signalized intersection at South Capitol Street and Benton Street and those streets have adequate capacity for the proposed use. There's also adequate room for circulation around the use so staff believes this criterion is met. Lehmann next discussed the seven general standards that apply to all special exceptions. The first is that the exception will not be detrimental to or endanger public health, safety, comfort or general welfare. He noted again the use will be temporary so that minimizes its potential impacts on surrounding properties. It’s also on a vacant lot and it's accessed at a signalized intersection so it should be able to safely accommodate expected traffic. In addition, it is setback adequately from the sidewalk to the north and material piles are set even further back which minimizes conflicts with pedestrians. Lehmann noted the property contains the 500- and 100-year floodplains, so a floodplain permit is required for the proposed use which requires that structures for human occupancy be one foot above the 500-year flood hazard elevation. Lehmann pointed out in the initial submittal for the concept, the proposed use was actually set back further from Benton Street, but they moved it closer to accommodate the office use that is occupied by humans and to get that out of the floodplain. In the event of a flood, the equipment is portable and doesn't require a crane to assemble, so they should just be able to haul it right out. Similarly, there's the opportunity to take materials out of the floodplain as well, and there's a silt fence on the site. Therefore, staff believes that will minimize the impact of the floodplain. In addition, mixers and concrete wash out, which is something that can negatively impact a site, will primarily be done at their existing plant at 1854 South Riverside Drive which will prevent negative impacts on this property in terms of the potential of concrete being dumped on site. Staff recommends a condition to ensure that is the case and concrete will not be washed out of any equipment at the subject property. There is also a silt fence to prevent the loss of outdoor materials. The applicant has noted they may rinse dust off the outside of trucks at the site near the silt fence which is ok as long as they're not rinsing out concrete there. So, with the conditions recommended staff believes that this general criterion is met. The second is that it won't negatively impact surrounding properties. Again, the portable plant has a collector that will reduce dust impacts. Staff doesn't anticipate significant impacts due to noise and there's adequate screening around the proposed use. There are other uses on the property that may be affected, there's a landscaping company for example, but those uses seem to be compatible with the proposed use and again, the proposed use will be temporary so no effects on property values are expected for surrounding properties. Therefore, staff believes this criterion is met. The third criterion is related to orderly development in the area. As for the proposed use, again, Board of Adjustment November 9, 2022 Page 4 of 14 it's established on a vacant lot with a relatively small footprint compared to the size of the site and is set back 40 feet from all property lines. The area is fully developed with a mix of industrial, commercial, and public uses and the proposed use is more than 100 feet from surrounding adjacent properties. With that, and the fact that the use is temporary, staff doesn’t expect any substantial impacts on improvement or redevelopment within the district. The fourth is that there's adequate utilities, roads, drainage and facilities. Lehmann stated the site has adequate access to most utilities and connections to utilities must be approved prior to construction as part of the building permit process. Water service must be provided for the site which is available at 11 West Benton Street so the old connection that the concrete plant used to use is available. Staff recommends any extensions of service, including new alignments or connections, and plans for abandoning service once the use is done, since it's a temporary use, must be approved by the City Engineer as part of the site plan review process. In terms of other uses or other utilities on site, roads, drives and stormwater management won't change and again, there's a silt fence proposed around the stockpiles, so staff doesn't anticipate any impacts with that. All other requirements will be checked during building code, site plan review, floodplain review so with that staff believes this criterion is met. Fifth is the requirement for adequate measures to provide ingress or egress and minimize traffic congestion on public streets. Again, it's accessed from a signalized intersection and the streets can accommodate the traffic, and there's adequate room for circulation around the site. Therefore, staff looks at this criterion as met. Sixth, with regards to all other requirements being met, other than the proposed exception, the equipment is 55 feet tall and there is a height limit in the zone for 45 feet that applies to buildings. This isn't technically a building, but even so max building height may be increased by one foot for every two additional feet of setback and the equipment is set back 40 feet, so it is allowed to have an additional 10 feet of building height. Again, it's in the 500- and 100-year floodplains so a floodplain permit is required, and they have already applied for that and they'll have to elevate human structures for human occupancy out of the floodplain. In addition, the site plan will require a sensitive areas development plan that shows a natural buffer along the Iowa River floodway, and they meet that standard. But again, staff will also review these during site plan, floodplain, and building permit review. Finally, the proposed exception must be consistent with the Comprehensive Plan of the City as amended. The site is shown in the Comprehensive Plan Future Land Use Map as split with part of it shown as public/private open space, and the eastern portion of the site shown as mixed use. One of the Plan’s goals is to increase property tax base by encouraging retention and expansion of existing businesses. In this case, the use is being proposed to allow the expansion of the existing plant at 1854 South Riverside Drive. The Downtown Riverfront Crossings Master Plan shows this as a redevelopment site, again with a mix of open space and residential buildings. Lehmann noted because the proposed use is temporary, it's not making any permanent improvements, and it is also allowed under the current zoning so it won't impact future redevelopment. Therefore, staff believes that this is consistent with all City Plans. Staff recommends approval of EXC22-0006, to allow a heavy manufacturing use within a General Industrial (I-1) zone for the property located at 3 E. Benton Street, subject to the following conditions: 1. The use must terminate after a period of time, not to exceed one hundred eighty (180) Board of Adjustment November 9, 2022 Page 5 of 14 calendar days after March 1, 2023, unless otherwise extended upon a vote by the Board of Adjustment. For the use to be considered terminated, all utility services must be properly abandoned, as determined by the City Engineer. 2. Concrete shall not be washed out of any equipment at the subject property. 3. The alignment for any new water service connection, along with a plan for properly abandoning the water service after the use is removed, shall be approved by the City Engineer prior to site plan approval. Lehmann noted staff received no correspondence on the proposed use. Russo is puzzled by the verbiage. Early on it states it is 500 feet from a residentially zoned property. Does that mean residences or does that mean residentially zoned. Lehmann replied it is residential zones which are defined in Iowa City Code as single family and multifamily residential zones, but it can easily be confused with the use. This criterion is tied to the proposed use on the parcel. In this case, the Riverfront Crossings Zone, which includes residential uses, is within 500 feet of the parcel, but it does not necessarily matter since the residential use is not in a residential zone. And when accounting for where the proposed use is located on the subject parcel, the residential use is more than 500 feet from that. So that's where it becomes a little confusing. Russo noted along with that, is it standard interpretation to say that the focus of concern is machinery or is it the property. Lehmann replied it would be within the Board’s purview to interpret the rules, but the criterion specifically uses the terms proposed use and residential zone. Russo is concerned about a year from now that a group of citizens that the Board didn’t know about comes forward and suddenly we're all hung out to dry. Lehmann confirmed the specific language is the proposed use, so that would be heavy industry, must be located at least 500 feet from any residentially zoned property. From the zoning map, there are no residentially zoned properties nearby. In terms of the actual residential uses, the nearest is at the southeast corner of South Dubuque and East Benton Street which is zoned RFC-CX which is not a residential zone, though it has some residential uses. Carlson asked about having residential areas not located in a residentially zoned area. Lehmann replied that is correct, and there are residential uses within that, but the proposed use is still not within 500 feet of the residential uses. Russo stated the fact that the use involves a movement of trucks and materials doesn’t matter, it is just the production machinery that they need to allow a special exception for. Lehmann noted the special exception is just allowing a concrete batch plant use on the property and staff is recommending that there be a condition that would ensure it is temporary. Lehmann also pointed out other zones allow residential uses. All Riverfront Crossings zones allow residential uses. CC-2 zones, which are somewhat close, allow residential uses but none of those close by have residential uses. The nearest residential uses are the property to the east at the southeast corner of Benton Street and South Dubuque and there is a residential use southwest of South Riverside Drive and the railroad. Lehmann reiterated all of those are more than 500 feet from the proposed use and none of them are residentially zoned. Swygard asked about the time of operation but what days does this operate, would it be seven Board of Adjustment November 9, 2022 Page 6 of 14 days a week. Lehmann replied the applicant can respond to that question. Chrischilles asked in the original packet the Board got, wasn't there a time constraint on it. Lehmann explained in his initial correspondence with the applicant they initially considered putting a time constraint on it, but because there aren't residential uses within 500 feet of the proposed use and because it's still subject to the City noise ordinance, staff didn't believe a condition was necessary. Swygard asked if any of the property owners on the west side of the Iowa River received a letter about this. Lehmann said notification went out to properties within 500 feet, and that would include both owners and occupants but does not recall if it reached across the Iowa River. Swygard stated one concern, there is a hotel on the west side of the river, and it is not too far from where this will be put up. During the day it shouldn’t be a problem, but the side of that hotel that faces north, if there is a lot of movement at 5 or 5:30 in the morning, would that affect the sleep of the people who are renting rooms on the north side and would that effect the business of that hotel. Lehmann is unsure of any effect it might have. Chrischilles asked what the City’s original recommendations for time of operation was. Lehmann stated it was the same as the City’s noise ordinance, which is 7am to 10pm. Matt Knepper (Iowa City Ready Mix) is the manager at the plant and has been before the Board before to get the first exception to be able to do the addition on the building and upgrade the current plant. This request is to allow them to stay in business and keep producing concrete during this time period. He acknowledged they want to make the time as short as reasonably possible and don't want to be at the site any longer than they have to because that's costing them more money. They want to be in their new plant and operating it. Regarding the questions about noise with surrounding properties, like the Hampton Inn, which is more than 500 feet away, they have studies that were done by professional engineers on the noise that comes from these plants and it was less than 80 decibels at 20 feet from the plant and anything past that point was negligible. Therefore, there really was not much noise that was coming from these plants that would be a nuisance to anybody in the area. The point where the mixer is backed under the plant is going to be the loudest point, anything else is going to be negligible. Knepper also noted typically they will only operate during the months of April and May, and only working five days a week, Monday through Friday, they definitely are never open on Sundays and Saturdays are very rare. Additionally, their work is all weather dependent, there could still be snow on the ground come April and they might not be doing hardly anything. He added they will keep all their mixers at the current plant at 1854 South Riverside Drive, nothing's going to be kept at the Benton Street location overnight other than the one loader that would bring material from those two stockpiles (one's rock and the other is sand), and that'll be brought just back and forth between that pile and over to the actual plant where it's put in the hopper that feeds it into the mixers. So that loader would be the only equipment that would stay there that's movable each night. Knepper stated they would have one person that would be in that trailer to control the loading sequences. That is the only person that would be on site full time, the mixers that are there are just going to be parked to be loaded and on their way to job sites during the day, and then at night they will be back at the plant in their sheds. He noted they have a regulated wash out bay that is at their current plant so that's where any excess concrete goes, especially at the end of the day, all those wash outs are going to occur back at the current plant. Swygard asked what time the typical workday ends. Knepper replied the workday typically is Board of Adjustment November 9, 2022 Page 7 of 14 done by 5pm, in the summer months it could be a little bit later and might go till 6pm or 6:30pm, but most of it is all loaded out before 5pm. Typically 7am to 5pm are the main loading times. He noted they are currently working on the new hospital project in North Liberty right now and they have once a week that it's an early morning but hopefully most of those will be done by the time they use this location, they're supposed to be done with these early mornings by May, so that's going to be questionable on whether or not they need to even apply for special permits to be opened up early, but if so possibly once a week or something like that. Chrischilles asked what the typical hours of operation are. Knepper stated normally they would be starting around 7am. Right now at the current plant they probably start loading at closer to 6:30 because most people want it on site at 7am, it just depends on when sun comes up. However, that time of year, they're just getting started and not everything is happening because it's still cooler in the mornings. Chrischilles asked about working on Saturdays or Sundays. Knepper stated it's very rare that they have a Saturday especially that time of year. Russo was curious if there is a lot of dust produced and noted they are likely under some federal mandate to capture most of that, or how does that work. Knepper replied this plant will have a dust collector built right over the head, where it'll be loading into the mixers, and will collect any kind of cement, dust, fly ash, anything that's coming up the belts from that plant into the truck. Therefore, there really won't be any dust that would be leaving the property. He did acknowledge there will still be some dust that will be seen but it is within the allowable measures and won't be any different than what they currently have at their plant right now. Swygard noted it is mentioned in the staff report that the area is used for overflow parking, who's parking there because there are quite a few cars and will that impact the plant or how will that be handled. John Ockenfel (owner 3 E. Benton Street, Eagle View Properties) came forward to answer that question because that whole area is owned by Eagle View Properties. Regarding the parking issue, the cars all parked there have nothing to do with overflow, that space is currently leased by the Sustainable Landscape Company and their employees park there while they're at work. They will all be moved over to the other side by Clinton Street in a different property next spring when this comes about. Ockenfel noted they have lots of places for them to park. Regarding the noise issues, he spends most of his day at the Iowa City Airport hanger which is about 300 feet, plus or minus a bit, from the current plant and they can't even hear the operations when inside those buildings, and it's just a metal building. Carlson asked how long they think they will be at this location. Knepper replied their hope is no longer than six to eight weeks. They want to be there as shortest time as possible because they're paying money for that portable plant and they just want to be back at their home plant. Lehmann noted from the perspective of staff, the reason they chose 180 days is because that's what they would typically do for a temporary use permit, so they thought it was appropriate to model it after those other requirements. If the Board thought a shorter period is preferable based on the conditions and concerns, it always the Board’s prerogative to adjust findings. Swygard noted they will have one office with one employee on site so what plans do they have Board of Adjustment November 9, 2022 Page 8 of 14 for the security of the area. Knepper noted everything that they would have on site would be secured in the job trailer where the one person will be. In the trailer will just be a computer that'll be locked up each night. The only other equipment that would be left there would be a loader and those doors would be locked also. Chrischilles closed the public hearing. Carlson recommends approval of EXC22-0006, to allow a heavy manufacturing use within a General Industrial (I-1) zone for the property located at 3 East Benton Street, subject to the following conditions: 1. The use must terminate after a period of time, not to exceed one hundred eighty (180) calendar days after March 1, 2023, unless otherwise extended upon a vote by the Board of Adjustment. For the use to be considered terminated, all utility services must be properly abandoned, as determined by the City Engineer. 2. Concrete shall not be washed out of any equipment at the subject property. 3. The alignment for any new water service connection, along with a plan for properly abandoning the water service after the use is removed, shall be approved by the City Engineer prior to site plan approval. Russo seconded the motion. Chrischilles wondered if the Board sees the need for additional conditions for any hours of operation or days of operation. Carlson noted it said that they would have to ask for a waiver if they were going to be open earlier than 7am. Who would be responsible for granting that waiver. Lehmann replied it would be the Public Works staff, the City Engineer. Russo doesn’t see any reason to second guess that process, he is sure Iowa City Ready Mix is not interested at all in jeopardizing the relationship with the City that they have. Carlson asked if each time they want to open early they would have to get a waiver for that specific day. Lehmann imagines the way it works is that they request to be able to open at 6:30am for eight weeks and 5am on certain days. He thinks it would be for the entire time, not case by case basis for every day but is not 100% sure on that. Carlson noted she was on the Board when they approved the new construction on Riverside and this company seems to be honest and forthright and wanting to add to the community and this will help them do that. Carlson stated regarding agenda item EXC22-0006 she concurs with the findings in the staff report of November 9, 2022 and concludes that the general and specific criteria are satisfied, so unless amended or opposed by another board member she recommends that the Board adopt the findings in the staff report for the approval of this exception. A vote was taken and the motion passed 4-0. Chrischilles 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 Board of Adjustment November 9, 2022 Page 9 of 14 Clerk’s Office. SPECIAL EXCEPTION ITEM EXC22-0007: An application submitted on behalf of Iowa City Elks Lodge 590 to build an addition on the clubhouse which is accessory to a parks and open space use at 637 Foster Road. Chrischilles opened the public hearing. Lehmann began the staff report with an aerial view pointing out the clubhouse portion of the property with the golf course consisting of multiple parcels. He pointed out some residential uses across Foster Road to the north, but the immediate surroundings of the clubhouse are the golf course itself. The property is zoned Interim Development Single Family Residential (ID-RS) Aside from the golf course, surrounding zones include Low Density Single Family Residential across the road and to the east a little further away. There is a small area that's Low Density Multifamily Residential (RM-12) across Foster Road and there is another small area that's Medium Density Multifamily Residential (RM-20), but that property is currently vacant. The Elks Lodge clubhouse is requesting to build an addition or 1654 square feet. The property itself is on 30.7 acres just south of Foster Road. The golf course is considered a “parks and open space” use which is allowed to have certain accessory uses including clubhouses. However, if the clubhouse expands by more than 500 square feet it requires a special exception and that is what is before the Board today. The areas where they're adding to the clubhouse are on the west and the south portion of the building. It is set back relatively far from the road. Lehmann noted there's also some parking lot improvements that are a part of the project and they're also redoing some of the fencing along the pool. Proposed elevations were included in the agenda packet, the area that is facing north is only one story, but the other sides are two or more stories because of changes in elevation. The role of the Board is to approve, approve with conditions, or deny the special exception. To approve it, they must find that it meets all applicable approval criteria including specific and general standards. The specific standards are found at 14-4C-2C-3, which are tied to uses, buildings and structures devoted to active recreational uses, such as clubhouses, within private shared open space, and those are permitted by special exception with the following standards. The first is that the use is properly located to provide adequate separation between properties and uses within the parks and open space area. In this case, it's an existing clubhouse setback more than 370 feet from the north property line and staff believes that provides more than adequate separation between uses. The second is that the proposed use is consistent with the intended character of the specific parks and open space use. Lehmann noted the existing clubhouse was initially built in 1972 to serve the golf course. The addition will retain the same uses including locker rooms and a dining area with a bar, so staff believes that this criterion continues to be met. The third is that the location or operation of the proposed use will not compromise designated environmental conservation areas. The additions are in areas that have been graded in the past and/or paved so staff doesn't believe they contain any environmental conservation areas. The subject property does contain the 100- and 500-year floodplains, so a floodplain permit is required, but the clubhouse is well above flood elevation. Similarly, a sensitive areas Board of Adjustment November 9, 2022 Page 10 of 14 development plan is required because the parcel abuts the river but the addition is not going to affect that. Based on these findings, staff doesn't see any environmental impacts. The fourth standard is that the transportation system is capable of safely supporting the proposed use, some evaluation factors to consider are street capacity and level of service, access requirements, on street parking impacts, neighborhood impacts and pedestrian safety. Lehmann explained the addition increases the occupancy of the clubhouse to 351 occupants, but access to the site won't change, and the parking lot is being improved as part of the project so staff believes that will improve traffic flow. Staff doesn’t anticipate any impacts to on-street parking because the building is far from other parking areas and also because Foster Road doesn't allow on street parking. Finally, relative to the size of the building, staff sees the addition as being relatively minor especially compared to the total parks and open space use. Therefore, staff doesn’t anticipate any substantial impacts on traffic with the proposed additions. The fifth criterion is adequate public services. This is an addition to an existing use that already has existing services, but there are some improvements to services that are being made including increasing the size of the water service to support a fire suppression sprinkler system and it also includes burying the electrical service to the property. The next criterion is related to adverse impacts on livability of nearby residential properties. Again, the property is setback more than 370 feet from the north property line and the proposed addition is to the west and south of the building, so it's not moving towards the property line. Therefore, staff doesn’t anticipate any impacts on livability. Finally, there is an opportunity if the addition is less than 500 square feet that it can be approved by the building official but in this case, it it's more than that, so a special exception is required. Lehmann moved on to the general standards for special exceptions. The first is impacts to health, safety, comfort, or general welfare. Again, staff doesn't anticipate that the addition will affect the use or significantly impact the intensity of the use. Access to the property is not being modified so they don't anticipate major impacts to traffic generation. It does have some safety and aesthetic features that staff thinks are positive, including expanding water service to allow a sprinkler system in the building and burying the electrical lines, which can improve the appearance. Additionally, access to the pool will be rerouted through the clubhouse, which will improve the ability of the applicant to monitor folks accessing the pool which should also improve public safety. Finally, the project addresses ADA accessibility issues at all entrances. So with those considerations, staff feels this criterion is met. The second is that the proposed exception won't negatively impact surrounding properties. Again, it's set back far from adjacent residential uses and the additions are to the west and south on the building and it will retain its current uses, so staff doesn’t anticipate any changes to compatibility with surrounding uses. Additionally, it will improve the aesthetics of the clubhouse through the electrical service. Third is that it won't affect development of surrounding areas. Lehmann noted this whole area is already fully developed with a mix of residential, parks and open space uses, and the proposed additions are setback from all adjacent properties. Therefore, staff doesn’t anticipate any impacts on surrounding properties. Fourth is adequate utilities, access roads, drainage and/or facilities are provided. The existing Board of Adjustment November 9, 2022 Page 11 of 14 clubhouse already has all this and most of things aren't changing with the addition other than water service being upgraded and burying the electric lines. Staff will ensure that all standards are met through the site plan and building permit processes as well. Fifth is that ingress and egress are designed to minimize traffic congestion on public streets. The property is accessed exclusively from Foster Drive and no changes are being proposed to the driveway, sidewalk or street. There are some improvements to the parking lot that staff believes will help improve traffic flow through the site, including end caps on the ends of the aisles, so staff believes that this criterion is met. Six is that the exception complies with all additional standards other than the proposed exception. The addition conforms with all dimensional and site development standards for ID- RS zones. It is in the 100- and 500- year floodplain so a floodplain permit and sensitive areas development plan are required and the applicant has already applied. In terms of parking, parks and open space uses with a golf course require that there be three parking spaces for each green or each hole. The applicant is proposing 85 parking spaces which is well above the minimum required. Again, staff will review all standards during site plan review, floodplain and building permit processes, which are underway. Finally, the proposed exception must be consistent with the Comprehensive Plan and District Plans as amended. Both the Future Land Use Maps of the Comprehensive Plan and North District Plan show this as public/private open space. The current property is consistent with that and the use will not change because of the exception, so staff finds that this criterion is met. Staff recommends approval of EXC22-0007, to allow a 1,654 square foot addition to the Elks Lodge clubhouse within a parks and open space use zoned Interim Development Single-Family Residential (ID-RS) at 637 Foster Road. Russo asked if there a restaurant there. Lehmann stated the Lodge has a restaurant, but it's not a principal use, it's only available to club members. This project is not to enlarge it and make it a public restaurant. Russo asked about a bar. Lehmann stated there is a bar for members. Carlson questioned the number of parking spaces because it says the occupancy of the clubhouse will be 351 but on the number of parking spaces are 85 and will 85 parking spaces be able to accommodate people who want to play golf and also use the clubhouse. Lehmann replied staff believes that the parking is sufficient based on what they've proposed, it's similar to what they have now, and the addition isn't too substantial relative to the size of the property. Russo asked if there was an event, how much parking is there now. Lehmann stated the proposed use has 85 spaces, the current parking is similar to that, they might lose a couple spaces with the addition. Russo noted then if there's an event out there are people just going to overflow parking on the grass or something. Chrischilles noted this is a private club so if they don't have enough parking, it's their problem, not the City's problem nor will it affect the City. Steve Wilson (Wagner Construction Services) is a member at BPOE 590 and grew up in Iowa City. He started on the golf course in 1981 as a little guy and has served in chair and leadership roles, and has been a full member since 1994. He acknowledged the Board brought up some good questions and noted it's a seasonal process that they go through. There is a full-service kitchen that doesn't operate but a couple days a week, Wednesday night and Friday night they Board of Adjustment November 9, 2022 Page 12 of 14 offer dinner. From Memorial Day to Labor Day, they offer lunch at the pool and downstairs in a limited capacity (sandwiches and that kind of thing) to keep people happy at the pool, the pool is actively used. Part of this project is to provide ADA access at the parking level on the north side as well as segregating the membership when they come in from the pool to use the restaurant because there's a little overlap occasionally. The golf folks will use a different entrance so that they're not driving right in front of the pool. Currently, they drive between the existing clubhouse and the pool fence to get golf carts and register for golf, which is a public safety issue and not a good setup. This project allows them a chance to change that as well as upgrade other public safety pieces. Alan Wieskamp, who was the architect for this is also a member, but he has COVID and is unable to be here tonight. They have 738 members, the largest membership for an Elks club, so they have a responsibility to upgrade the facility. They've raised over $1.5 million privately to put this into place and while they're proud of that, they also want to make sure they're responsible to it. They’re bringing the building into this century because they didn't have sprinklers in the building and didn't have a large enough service to support that. They've addressed that ADA access, a lot of their memberships older and have supported the club for a number of years and they wanted to give them ease of access to come in and out no matter how limited their use was. Wilson noted this isn't a place for huge weddings or things like that, but for funeral receptions, graduations, bar mitzvahs, bat mitzvahs, and smaller gatherings with grandparents coming in, and people with disabilities coming in. This is a great way of making it easier to get in and out of that building. Wilson also noted this is so far from the road but this project will result in a new façade, maybe a siding color change, but the actual proposed areas of expansion aren't even going to be visible from the road. Swygard asked about them serving meals on Wednesday and Friday nights. Wilson stated the current schedule is that they serve dinner on Wednesday evenings and Friday evenings to the membership. Like any membership, they've got 700 some members but they only see about 60 to 75 that really use the place. So while there's plenty of people that pay their yearly dues, they just have their regulars that show up and do different things. They have 700 golf memberships, and over 400 that use the pool, because it's the only private pool in the City. After the Athletic Club closed, they saw a huge uptick between families with nannies and just people with younger kids that joined for the fact the pool was private. The lodge is a working entity that works towards veterans and students and the community. They've got the restaurant that tries to support by selling meals, they've got the golf course and they got the pool. Obviously, the golf course and pool are seasonal, and they're both closed at this point. Swygard asked if they serve lunch then every day. Wilson replied Monday to Friday, from Memorial Day to Labor Day, and then they may have special event like on the Fourth of July when they’ll have an all-day buffet. Swygard noted although they have a membership of 700 people it's divided up into certain amounts that will use the swimming pool and certain groups who will primarily use the golf course. Wilson confirmed that is correct and from over the years they have a good idea of how many people are going to be using which facility. Chrischilles closed the public hearing. Carlson recommends approval of approval of EXC22-0007, to allow a 1,654 square foot addition to the Elks Lodge clubhouse within a parks and open space use zoned Interim Development Single-Family Residential (ID-RS) at 637 Foster Road. Board of Adjustment November 9, 2022 Page 13 of 14 Russo seconded the motion. Chrischilles stated regarding agenda item EXC22-0007 he concurs with the findings set forth in the staff report of dated November 9, 2022 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. A vote was taken and the motion passed 4-0. Chrischilles 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. NOMINATION AND SELCTION OF NEW BOARD VICE CHAIR: Russo nominated Carlson for the position of Vice Chair for the remainder of the term vacated by Amy Pretorius. Chrischilles seconded the motion. A vote was taken and the motion passed 4-0. CONSIDER THE JULY 18, 2022 MINUTES: Russo moved to approve the minutes of July 18 2022, Chrischilles seconded. A vote was taken and the motion carried 4-0. BOARD ANNOUNCEMENTS: Lehmann welcomed Swygard to the Board and noted Chrischilles’s term is up on December 31. Lehmann announced a voluntary Public Records and Open Meeting training. If anyone is interested, it would be held over zoom at 6pm on December 8. Lehmann noted there will be a December 14th meeting, but if there is an application for January there is a conflict with City Council for Harvat Hall. Lehmann suggested either rescheduling in Harvat Hall for another day or moving meeting locations. The Board decided to move the January meeting to January 26 in Harvat Hall. ADJOURNMENT: Chrischilles moved to adjourn this meeting, Carlson seconded, a vote was taken and all approved. Board of Adjustment November 9, 2022 Page 14 of 14 BOARD OF ADJUSTMENT ATTENDANCE RECORD 2022-2023 NAME TERM EXP. 7/18 11/9 CHRISCHILLES, GENE 12/31/2022 X X PARKER, BRYCE 12/31/2024 X O/E SWYGARD, PAULA 12/31/2023 -- -- X CARLSON, NANCY 12/31/2025 X X RUSSO, MARK 12/31/2021 X X Key: X = Present O = Absent O/E = Absent/Excused -- -- = Not a Member