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HomeMy WebLinkAboutA002 - Council Action Form dated May 14, 2024 ITEM#: 57 DATE: 05-14-24 DEPT: P&H COUNCIL ACTION FORM SUBJECT: TEXT AMENDMENT TO INCLUDE ROCK CLIMBING FACILITIES AS A MISCELLANEOUS USE WITHIN GENERAL INDUSTRIAL (GI) ZONING DISTRICT BY SPECIAL USE PERMIT BACKGROUND: At the meeting on April 9, 2024, City Council reviewed a request from Brian Doscher and Keith Rosenliao, who are requesting an allowance within the Zoning Ordinance to operate a rock- climbing gym facility in the General Industrial (GI) zoning district (see Attachment A). Although gyms of all types are allowed in commercial zoning districts, rock climbing gyms require large indoor spaces with tall ceiling heights, more commonly found in General Industrial areas rather than in commercial zoning districts. This request is similar to the one made by Savage Gymnastics in 2023, which resulted in Sports Practice Facilities being added as an allowable use in the General Industrial Zone subject to the special use permitting process. However, because of the definition of a sport practice facility for team practices, the proposed climbing gym did not qualify as a sports practice facility. As a result, the City Council directed staff to proceed with the process for consideration of a zoning text amendment for a rock-climbing gym as a special use permit within the General Industrial (GI)zoning district. The applicant has described the requirements they have for a facility as "14-foot ceilings at a minimum and a minimum of 5,000 sq. ft. of open space with at least a 6-inch concrete pad to support the climbing walls." According to the applicant, "these are minimum requirements rarely found in commercially zoned spaces, but which are necessary for a safe and enjoyable climbing experience. One climber requires at least 30 square feet of space; therefore, a climbing gym cannot safely accommodate the density of customers that typically commercial spaces are designed to hold." The applicant also states, "commercially zoned buildings typically include features that increase aesthetic value and rent price but do not add value to a climbing gym." ZONING AMENDMENT: General Industrial Zoning (GI) zoning is designed to accommodate primarily industrial manufacturing, warehouses, services, and office uses. GI zoning is the most common industrial zone in the City, compared to Planned Industrial, Research and Innovation, and Intensive Industrial. GI zoned land exists primarily to the east of the Skunk River, but also includes an area west of the Skunk River and north of Lincoln Way extending to Borne Avenue. The purpose of General Industrial zoning is described below. Sec. 29.901. states the following about the purpose of the General Industrial Zone: (1) Purpose. This Zone is intended to provide a limited development review procedure, involving only developer- and staff-coordinated efforts to satisfy the planning and permitting requirements. This District applies to those areas where there is a need to provide a desirable industrial environment and 1 to promote economic viability of a type generally not appropriate for or compatible with retail sales areas. A site plan review process is required in order to assure such development and intensity of use in a way that assures safe,functional, efficient and environmentally sound operations. GI zoning allows for a few limited options for uses that are not standard industrial uses (see Attachment B). It allows for retail and service uses over 3,000 square feet via a special use permit, but it does not allow for "Entertainment, Restaurant and Recreation — General," the category that includes "Health clubs and gyms," of any size. These types of entertainment uses have traditionally been prioritized for designated commercial areas. You will note that some instruction-based fitness uses are classified as retail and service and not as recreation and entertainment and these have been permitted in GI. Similar to the allowance for "Sports Practice Facilities," "Rock Climbing Facilities" could be described as a specialized facility and considered a Miscellaneous Use within GI zoning, Table 29.901(2). Parking would also be applied at the same rate as that used for"Sports Practice Facilities,"which is 2 spaces per 1,000 square feet of area. Currently, there is not a definition for Rock Climbing Facilities and the proposed amendment creates a definition of the use to go along with adding it to the GI allowable use table. "Facilities dedicated to training and development of athletes and novices of all ages in rock climbing skills. Facilities may include individual drop-in, group appointments, classes, and scheduled events. Ancillary uses may include offices, sales area, and other related training facilities and equipment." The text amendment, if adopted, will apply to all areas having a General Industrial zoning district area in the City and therefore will not be specific to one site. The applicant has a desired location on East 2nd Street/Borne Avenue that is a tenant space consisting of 8,200 square feet, which will meet their needs for a rock-climbing facility. The proposed text amendment could allow them to consider other sites as well. However, the desired East 2nd Street site has similar attributes to commercially zoned areas that may support its use as Rock Climbing Facility. The land use designation of the East 2nd Street site within Ames Plan 2040 is "General Commercial." The General Commercial land use designation is intended as a hybrid of commercial and industrial uses. Ames Plan 2040 directs a new zoning district to be established in the future, in support of this hybrid of uses. However, this new zoning district does not yet exist. Therefore, it remains that the preferred site is located within the GI zoning district. If the proposed text amendment is approved, the Zoning Board of Adjustment will review the actual special use permit application and determine if the use is appropriate for the site. Staff believes that adding this use as a Miscellaneous Use creates a niche option that does not broadly change the allowable uses within GI. Additionally, the special use permit process will emphasize the intent of industrial compatibility and that adding a recreation use does not hamper other industrial business uses in the area of a specific proposal (see Attachment Q. PLANNING AND ZONING COMMISSION RECOMMENDATION: At a regular meeting of the Planning and Zoning Commission on May 8, 2024, the Commission voted unanimously 6-0 in support of the request. 2 ALTERNATIVES: 1. Approve first reading of an amendment to Table 29.501(4)-7 and the General Industrial (GI) Zoning District allowable uses in Table 29.901(2) to permit Indoor Rock-Climbing Facilities by a Special Use Permit. 2. Approve first reading of an amendment to Table 29.501(4)-7 and the General Industrial (GI) Zoning District allowable uses in Table 29.901(2)to permit Indoor Rock-Climbing Facilities with modified standards. 3. Take no action regarding this request at this time. CITY MANAGER'S RECOMMENDED ACTION: The City has an interest in maintaining industrial land for a variety of employment and processing activities that meet a diverse set of economic development needs for the City. By opening up industrial property to other uses, there is the potential to erode the land set aside for this important economic function. The City does not allow entertainment recreation uses in this GI zone. However, the City does allow for limited amounts of retail and personal service uses, including requirements for larger facilities with a Special Use Permit, and other uses such as daycare that are not traditional uses within industrial areas. Due to the unique requirements for a rock-climbing gymnastics facility, industrial buildings are well-suited to host their use due to large open areas within their floor plans and high ceiling height. It is unlikely that any significant changes will be made to an industrial building by a rock- climbing gymnastics facility that would prevent a return to an industrial function. While special equipment will need to be installed, these do not require physical alterations to the structure. Review of the individual plans for a site would occur with a Special Use Permit. The GI zoning district is the most common industrial district within the City. The properties zoned GI in some parts of the City tend to have older, smaller buildings sizes that would suit the needs of a rock- climbing facility due to the open floor space and ceiling heights. These types of buildings are uncommon within the City's commercial zones. While an industrial zone is not an ideal location for a sports use in many instances, the applicant's goals could be accomplished with minimal impact to the City's industrial base through review of a Special Use Permit. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Attachment A- Letter to CC.pdf Attachment B -Uses Allowed in General Industrial (GI).pdf Attachment C - Special Use Permit Review and Criteria.pdf Attachment D -placeholder fo ordinance.pdf Ordinance ZTA Rock Climbing Facilities.PDF 3 Attachment A Request to Council April 5th, 2024 Ames City Mayor John Haila Ames City Council Amber Corrieri, Anita Rollins, Bronwyn Beatty-Hansen, Gloria J. Betcher, Jeff Clark, Rachel Junck, Tim Gartin RE: Zoning Ordinance Assistance for Ames Rock Climbing Gym Dear Honorable Mayor and City Council Members, My name is Brian Doscher. My business partner, Keith Rosenliao, and I hope to open a climbing gym called Bluestem Boulders in Ames. We have identified a viable location for the gym; however, the building is located in a General Industrial Zone. We are writing to request an expedited zoning adjustment to permit establishing our gym at 525 E 2nd St. Mr. Rodd Mumm, the facility's owner, strongly supports our initiative, but he cannot reserve the facility indefinitely. An expedited zoning adjustment will enable us to secure 525 E 2nd St. Below, we outline our experience in the climbing industry, explain why this facility is ideal for a successful climbing gym, describe similar businesses located in industrial zones, and discuss benefits to the Ames community. We are happy to provide our business plan upon request. Owner Qualifications Keith and I are experienced operators in the climbing industry. Together, we have 12+ years in management and ownership roles in climbing gyms. I currently serve as the Director of Route Setting at a climbing gym in Des Moines. Keith owns Cayuga Climbs, a successful rock climbing gym he opened in Ithaca, New York in 2021. We met at Cornell University, where Keith earned his MBA while I worked as a manager and instructor at Cornell's climbing wall. Now, Keith and I have partnered to open a climbing gym in Ames, a community to which I have strong ties. My spouse grew up in Ames, where both she and I graduated from Iowa State University, and my in-laws are active members in the community. We are committed to building a business that benefits the city and its residents. Location requirements Climbing gyms require facilities typically found in General Industrial zones. At a minimum, we need 14-foot ceilings, 5000+ square feet of open space, and at least a 6-inch concrete pad foundation to support the climbing walls. These are minimum requirements rarely found in commercially-zoned spaces, but which are necessary for a safe and enjoyable climbing environment. One climber requires at least 30 square feet of space; therefore, a climbing gym cannot safely accommodate the density of customers that typical commercial spaces (e.g. 5 4 restaurants, retail stores) are designed to hold. Furthermore, commercially-zoned buildings typically include features that increase aesthetic value and rent price but do not add value to a climbing gym. After six months searching for a location that meets the above criteria, we have identified 525 E 2nd St. as an ideal space for a climbing gym. During that time, we have not found a commercial space available at a price point that would allow an independent climbing gym to be sustainable. We have spoken with representatives that manage commercial spaces at North Grand Mall and the pad sites at S 16th St & Buckeye Ave. At the time of writing this letter, 525 E 2nd St. is the only suitable and affordable location listed on Ames available properties. Examples of climbing gyms in industrial and manufacturing zones Climbing gyms often are located in areas zoned for industrial and manufacturing businesses. Cayuga Climbs is located in a "Light Industrial" zone (Dryden Zoning Lookup, parcel: 502489-52.-1-4.122). Since opening in 2021, Cayuga Climbs has served over 6,000 local customers, with a 4.9 rating from over 50+ unprompted reviews on Google Maps, bringing rock climbing to a city where no commercial climbing facility existed previously. Another example is Vertical Adventures, located at 6513 Kingsmill Ct, Columbus, OH 43229 in a "Manufacturing" zoned area. Climbing gyms throughout the world typically operate in warehouses in industrial zones. Benefits to the Ames Community A commercial climbing gym will benefit Ames. This amenity will offer a novel, year-round, healthy activity and space where Ames community members can connect. Climbing is a social sport that encourages teamwork and discussion; it serves as a third place for many climbers. Keith recently spoke to a member at his gym who told him "Cayuga Climbs has pretty much become my social life." While Iowa State University has rock climbing facilities, they are not easily accessible to the public. As a result, Ames residents often drive to Des Moines to climb. Bluestem Boulders will be a place for Ames residents to engage face to face. Climbing debuted in the 2020 Olympics and its popularity as a competitive youth sport is growing. Bluestem Boulders will offer youth camps and school-year programs for parents and children. I am certified as an USA Climbing Level 2 coach with experience coaching competitors on a national level. At Cayuga Climbs, Keith has expanded the youth climbing community to include a recreational team and an advanced team that competes regionally. Keith and I look forward to leveraging our experience to develop this popular youth sport in Ames. Commercial businesses near our proposed location will benefit from proximity to Bluestem Boulders. Our gym will bring in regular visitors who will look for dining options after climbing. Within a half-mile radius of 525 E 2nd St. are taco shops, bars, and restaurants that climbers will enjoy. 6 5 Keith and I will build a successful, financially sustainable business at 525 E 2nd St. Bluestem Boulders will offer a new, increasingly popular amenity to the Ames community, benefiting residents and nearby businesses for decades to come. We are community-focused operators who wish to start a small business in the only facility that is currently suitable. We request your support for a zoning adjustment at 525 E 2nd St. With an expedited adjustment, we can open to the public as soon as this Fall. Thank you for your consideration. Sincerely, Brian Doscher Keith Rosenliao 7 6 Attachment B Uses Allowed in General Industrial (GI) Sec. 29.900. INDUSTRIAL BASE ZONES. (1) Purpose. The industrial base zones established by this Ordinance are General Industrial (GI) Zone and Planned Industrial (PI) Zone. Each of these zones is intended to reserve appropriately located areas for predominantly industrial uses and to protect these areas from intrusion by dwellings and other inharmonious uses. The zones are intended to promote the economic viability of the City's industrial areas and to provide standards to assure safe, functional, efficient and environmentally sound industrial areas and to provide standards to assure safe, functional, efficient and environmentally sound operations. Differentiation between the zones is intended to provide appropriate areas for industrial uses of different character, intensity or impact while minimizing potential conflicts among land users. (2)Use Regulations. Use regulations for the Industrial Base Zones are set forth on the Use Tables as follows: GI Zone, Table 29.901(2), and PI Zone, Table 29.902(2). Sec. 29.901. "GI" GENERAL INDUSTRIAL ZONE. (1)Purpose. This Zone is intended to provide a limited development review procedure, involving only developer- and staff-coordinated efforts to satisfy the planning and permitting requirements. This District applies to those areas where there is a need to provide a desirable industrial environment and to promote economic viability of a type generally not appropriate for or compatible with retail sales areas. A site plan review process is required in order to assure such development and intensity of use in a way that assures safe, functional, efficient and environmentally sound operations Table 29.901 (2) Proposed Zoning Code Uses for "GI" General Industrial Zoning USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES N -- -- OFFICE USES Y SDP Minor Staff TRADE USES Retail Sales and Services - General Y SDP Minor/SP Staff/ZBA Uses Greater than one 3,000 sf use per site require a Special Use Permit from the ZBA. Automotive and Marine Craft Y SDP Minor/SP Staff/ZBA Uses greater than one 10,000 sf use per site require a Special Use Permit from the ZBA. Entertainment, Restaurant and N -- -- Recreation—General Banquet halls, and Exhibition and Y when in SDP Minor Staff meeting areas combination with 8 7 USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY manufacturing and processing industrial uses on the same lot or parcel Wholesale Trade Y SDP Minor Staff INDUSTRIAL USES Manufacturing/Processing Y* SDP Minor Staff *Except Major Industrial Groups 28 & 29 Resource Production/Extraction Y SDP Minor Staff Warehousing/Freight Storage Y SDP Minor Staff Industrial Service (except Salvage Y SDP Minor Staff Yards Salvage Yards Y SP ZBA See Sections 29.1306 and 29.1503 Waste-Processing and Transfer Y SP ZBA INSTITUTIONAL USES Child Day Care Facilities and Y SDP Minor Staff Vocational/Technical High Schools Colleges and Universities Y SP ZBA TRANSPORTATION, Y* SDP Minor Staff COMMUNICATIONS,AND ESSENTIAL SERVICES *Except Passenger Terminals Personal Wireless Communication Y SP ZBA Facilities MISCELLANEOUS USES Adult Entertainment Facilities N -- -- Commercial Outdoor Recreation N -- -- Detention Facilities Y SP ZBA Major Event Entertainment N -- -- Vehicle Servicing Facilities Y SDP Minor Staff Sports Practice Facilities Indoor Only) Y SP ZBA Y = Yes: permitted as indicated by required approval. N = No: prohibited SP = Special Use Permit required: See Section 29.1503 SDP Minor = Site Development Plan Minor: See Section 29.1502(3) SDP Major = Site Development Plan Major: See Section 29.1502(4) ZBA = Zoning Board of Adjustment 9 8 Attachment C Special Use Permit Requirements and Criteria Sec.29.1503. SPECIAL USE PERMIT. (1) Purpose. This Section is intended to provide a set of procedures and standards for specified uses of land or structures that will allow practical latitude for the investor or developer,but that will, at the same time,maintain sound provisions for the protection of the health, safety,convenience,and general welfare. This Section permits detailed review of certain types of land use activities that, because of their particular and unique characteristics, require special consideration in relation to the welfare of adjacent properties and to the community as a whole. Land and structural uses possessing these characteristics may be authorized within designated Zones by the issuance of a Special Use Permit.This Section also provides for the use of Single Family Dwellings,Two Family Dwellings,and Single Family Attached Dwellings by a Functional Family. (2) Submittal Requirements. In accordance with Section 29.1503, Applicants must submit an Application for a Special Use Permit to the Planning and Housing Department for consideration by the Zoning Board of Adjustment. The Application for a Special Use Permit shall be accompanied by: (a) A statement of supporting evidence that the general and specific standards as delineated in this Article will be fulfilled; (b) A Site Plan meeting all the submittal requirements stated in Section 29.1502(2),unless no site improvements are required; and (c) Preliminary plans and specifications for all construction, as applicable. (3) If a proposed Special Use is within an existing building and improved site,plans for use of the site and building must be submitted in lieu of the Site Plan requirements. (4) Procedure for Special Use Permits. (a) Zoning Board of Adjustment. The Zoning Board of Adjustment shall consider the application at a public hearing conducted as part of a regularly scheduled meeting. Notification of the public hearing shall be made by mail, posting, and publication, in accordance with Sections 29.1500(2)(d)(i), (ii) and (iii) above. The Zoning Board of Adjustment must approve, deny, or modify the Special Use Permit application within 60 days of the public hearing. (5) Review Criteria. Before a Special Use Permit application can be approved, the Zoning Board of Adjustment shall establish that the following general standards, as well as the specific standards outlined in subsections (b), (c), and (d) below, where applicable, have been or shall be satisfied. The Board's action shall be based on stated findings of fact. The conditions imposed shall be construed as limitations on the power of the Board to act. A mere finding that a use conforms to those conditions or a recitation of those conditions, unaccompanied by specific findings of fact, shall not be considered findings of fact for the purpose of complying with this Ordinance. (a) General Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use meets the following standards, and in addition, shall find adequate evidence that each use in its proposed location will: (i) Be harmonious with and in accordance with the general principles and proposals of the Comprehensive Plan of the City; (ii) Be designed, constructed, operated, and maintained so as to be harmonious in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed; (iii) Not be hazardous or disturbing to existing or future uses in the same general vicinity; 10 9 (iv) Be served adequately by essential public facilities and services such as highways, streets, police, fire protection, drainage structure, refuse disposal, water, and sewage facilities, and/or schools; (v) Not create excessive additional requirements at public cost for public facilities and services; (vi) Not involve uses, activities, processes, materials, equipment, or conditions of operation that will be detrimental to any person, property, or general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare,or odors;and (vii) Be consistent with the intent and purpose of the Zone in which it is proposed to locate such use. (b) Commercial Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use located in a commercial zone meets the following standards as well as those set forth in Section 29.1503(4)(a) above and, in addition, shall find adequate evidence that each use in its proposed location will: (i) Be compatible with the potential commercial development and use of property planned to occur in area; (ii) Represent the sufficiently desirable need for the entire community that the loss of commercial land is justifiable in relation to the benefit; and (iii) Be consistent with all other applicable standards in the zone. (d) Conditions.The Board may impose such additional conditions as it deems necessary for the general welfare, for the protection of individual property rights, and for ensuring that the intent and objectives of this Ordinance will be observed. (e) Lapse of Approval.All Special Use Permits shall lapse 12 months after the date of issuance unless the use is undertaken, or a building permit has been issued and actual construction started. Where unusual circumstances may prevent compliance with this time requirement, the Zoning Board of Adjustment may,upon written request by the affected permittee, extend the time for required start of construction an additional 60 days. Excavation shall not be considered construction for the purpose of enforcing this Section. (f) Successive Applications.In the event that the Board denies an application for a Special Use Permit, a similar application shall not be refiled for 12 months from the advertised public hearing date.The Board, on petition by the applicant, may permit a refiling of this application after 6 months from the original hearing date when it determines that significant physical,economic or land use changes have taken place within the immediate vicinity, or a significant zoning ordinance text change has been adopted,or when the reapplication is for a different use than the original request.The applicant shall submit a detailed statement setting out those changes that he or she deems significant or upon which he or she relies for refiling the original application. (g) Site Plans approved as part of a Special Use Permit. All site plans approved as part of an approved Special Use permit may only be amended pursuant to the same procedures for approving Minor Changes to a Major Site Development Plan as provided in Section 29.1502(6). 11 10 Attachment D [placeholder for ordinance] 12 11 ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTIONS 29.501(4)-7 AND 29.901(2) THEREOF, FOR THE PURPOSE OF INCLUDING ROCK CLIMBING FACILITIES FOR MISCELLANEOUS USES IN GENERAL INDUSTRIAL (GI) ZONE USES, REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by amending Sections 29.501(4)-7 and 29.901(2)as follows: "Table 29.501(4)-7 MISCELLANEOUS USE CATEGORIES Rock Climbing Facilities Definition. Facilities dedicated to training and development of athletes and novices of all ages in rock climbing skills. Facilities may include individual drop-in, group appointments, classes, and scheduled events. Ancillary uses may include offices, sales area, and other related training facilities and equipment. Table 29.901(2) General Industrial(GI)Zone Uses USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY MISCELLANEOUS USES Adult Entertainment Facilities N Commercial Outdoor Recreation N Detention Facilities Y SP ZBA Major Event Entertainment N Vehicle Servicing Facilities Y SDP Minor Staff Sports Facilities(Indoor Only) Y SP ZBA Rock Climbing Facilities(Indoor Only) Y SP ZBA Y = Yes: permitted as indicated by required approval. N = No: prohibited SP = Special Use Permit required: See Section 29.1503 SDP Minor=Site Development Plan Minor: See Section 29.1502(3) SDP Major= Site Development Plan Major: See Section 29.1502(4) ZBA= Zoning Board of Adjustment Section Two. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent of such conflict,if any. 12 Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of ,2024. Renee Hall,City Clerk John A.Haila,Mayor 13