HomeMy WebLinkAbout~Master - D&O for Special Use Permit 0 d E
CITY OF AMES, IOWA OCT 2 4 2007
ZONING BOARD OF ADJUSTMEN
CIiY CLERK
CITY OF AMES,IOWA
IN THE MATTER OF THE APPLICA-
TION OF STONEBROOK COMMUNITY :
CHURCH FOR A SPECIAL USE PERMIT, : CASE NO. 07-16
SECTIONS 29.804(2)AND 29.1503(4) OF GEOCODE NO. 09-05-476-065
THE AMES MUNICIPAL, CODE, TO
CONDUCT WORSHIP SERVICES ON
THE PROPERTY LOCATED AT
3329 LINCOLN WAY DECISION & ORDER
FACTS
Stonebrook Community Church is a congregation which has its principal church building at 3611
Eisenhower in the north part of the community. Recently, the church began use of a site at 3329
Lincoln Way as a community center, holding functions Iike weddings, festivals, concerts there, as
well as activities that are meant as an alternative to the bar scene for younger adults and older teens.
The Lincoln Way site is in an HOC(Highway Oriented Commercial)zoning district. The church
has now determined it would like to hold worship services at this location as well. The services are
planned for Friday evenings. Worship services are a new use of this site, and since the zoning
ordinance requires a Special Use Permit for houses of worship,the applicant is seeking that permit
for this new use. The services will not be as numerous as those held at its home church site,but will
be held at a time more when they are more likely to draw the college and youth crowd. This location
will be used because of its proximity to the ISU campus and student housing areas. The building
housing the community center also holds several commercial businesses,including a Laundromat and
caf6.The west end has been used by the church,and will be where services are held. Approximately
2900 square feet of the building will be for church uses. The worship activities are a more intense
use than the present one, so additional parking spaces may be needed. The church has made
arrangements and received approval from the City Council to enter into a ,joint use parking
agreement with the property immediately to the north,which is St.Andrews Lutheran Church. Their
hours of worship will not coincide,so the additional guests that may be at the Stonebrook services
can easily be accommodated by parking at St. Andrews. The building will be structurally altered
only by the addition of another exit for this use.
Page 1 of 2
DECISION
The Board considers the standards applicable under the zoning ordinance to Special Use Permits for
houses of worship. The use proposed at this site is not unusual to the area, since another church
exists immediately adjacent to it.There will not be significant structural changes to the building,and
parking can be accommodated by sharing parking at an adjacent site, since peak use hours do not
coincide. The religious services are unlikely to run far into the evening or to be disturbing. The use
is compatible with existing commercial uses and since it is desirable to have a variety of worship
opportunities in the community at locations and times suitable to a variety of needs,services at this
site should help meet that need.
ORDER
WHEREFORE, IT IS ORDERED that the applicant is granted a Special Use Permit, Sections
29.804(2) and 29.1503(4)of the Ames Municipal Code, to allow worship services, conditioned on
the approval of a joint use parking plan for this use, all for the property located at 3329 Lincoln
Way.
Any person desiring to appeal this decision to a court of record may do so within 30 days after the
filing of this decision.
Done this 12th day of September, 2007.
Karen C.Thompson radley Mil
Secretary to the Board Chair
Page 2 of 2
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RESOLUTION NO. 07-401
RESOLUTION APPROVING JOINT USE PARKING PLAN
FOR 3329 LINCOLN WAY
FOR THE CITY OF AMES
WHEREAS, Stonebrook Community Church owns the building at 3329 Lincoln Way and uses
it for a community center,and a portion of the building is leased to a self-service laundry business;and,
WHEREAS, the church would like to begin holding worship services there on Friday nights, a
use that requires a Special Use Permit in the zoning district at this location; and,
WHEREAS,this use requires more parking spaces than the current use of the space,and the site
is 33 spaces short in the number of spaces that can be accommodated; and,
WHEREAS,the Stonebrook Community Church is requesting that the Council approve a Joint
Use Parking Plan that would allow the use of existing parking spaces at the nearby St.Andrews Lutheran
Church, which as 72 parking spaces; and,
WHEREAS,when acting upon an application for approval of a Joint Use Parking Plan,the City
Council may approve the Plan if it finds that the criteria described in the Zoning Ordinance are met by
the application.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Ames,Iowa, that
the Joint Use Parking Plan for 3329 Lincoln Way between Stonebrook Community Church and the St.
Andrew's Lutheran Church is hereby approved.
ADOPTED THIS 28' day of August,2007.
C &a, �.`la 0,d-) �
Diane R. Voss, City Clerk Ann 11. Campbell, Mayor
Introduced by: Goodman
Seconded by: Doll
Voting aye: Doll, Goodman, Larson, Mahayni, Popken, Rice
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 28'day of August, 2007.
ITEM #: _
DATE: 09/12/07
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE PLANNING AND ZONING COMMISSION
AND THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: August 31 , 2007
MEETING DATE: Planning and Zoning Commission — September 5, 2007
Zoning Board of Adjustment —September 15, 2007
APPLICANT: Tim Borseth, on behalf of Stonebrook Community Church
PROPERTY OWNER: Stonebrook Community Church
ZONING: Highway-Oriented Commercial (HOC)
REQUEST TO CONSIDER A SPECIAL USE PERMIT: Conducting religious services in
the west portion of the existing building at 3329 Lincoln Way.
PROJECT DESCRIPTION: Currently the property located at 3329 Lincoln Way has three
different uses:
• laundromat in the northeast portion;
• cafe in the southeast portion; and
• community center in the west portion.
On Friday evenings, a worship service is proposed for the community center portion. This
use requires a Special Use Permit according to Section 29.804 of the Municipal Code.
APPLICABLE LAW:
The laws applicable to this case file are as follows:
Ames Municipal Code Section 29.1503(4), establishes the criteria for reviewing a Special
Use Permit and describes the finding of fact that the Zoning Board of Adjustment must
address before a Special Use Permit can be granted.
Ames Municipal Code Section 29.1503(4)(a):
(a) General Standards. The Planning and Zoning Commission and 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 Land Use Policy Plan (LUPP).
(ii) Be designed, constructed, operated and maintained so as to be harmonious
and appropriate in appearance with the existing and 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 orfuture uses in the same general
vicinity.
(iv) Be served adequately by essential public facilities and services such as
highways, streets, police, and fire protection, drainage structures, refuse
disposal, water and sewage facilities, and/or schools.
(v) Not create excessive additional requirements at public cost for public
facilities or services.
(vi) Not involve uses, activities, processes, materials, and 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.
(vii) Be consistent with the intent and purpose of the Zone in which it is proposed
to locate such use.
(c) Commercial Standards. The Planning and Zoning Commission and the Zoning
Board of Adjustment shall review each application for the purpose of determining
that each proposed use 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;
(iii) Represent the sufficiently desirable need for the entire community that the
loss of commercial land is justifiable in relation to the benefit;
(iii) Be consistent with all other applicable standards in the zone.
(e) 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.
The applicant provided statements as to how the proposal meets each of these standards
in the attached "Special use Permit: Supporting Information for a Proposed Use in a
Commercial Zone."
2
FINDINGS OF FACT & CONCLUSIONS:
Staff makes the following findings of facts and conclusions:
FINDING 1. The Land Use Policy Plan (LUPP) map designates this site as "Highway-
Oriented Commercial."This is an area of the City characterized by a full range of retail and
service businesses, serving this west half of the community. The sites in the area
accommodate the automobile and have access from a major traffic way. The intended
users of the current community center and the religious services are Iowa State University
students and young adults, many of whom live in this area of the community.
CONCLUSION: Staff believes that the request is harmonious with and in
accordance with the general principles and proposals of the LUPP. Ames Municipaf
Code Section 29.1503(4)(a)(i) has therefore been satisfied.
FINDING 2. The exterior has been recently changed to accommodate the current
community center use and will not change significantly to accommodate the religious
services. The religious services intended to supplement the community center uses,which
the applicant states will provide "alternative activities to the bar scene" that is prevalent in
the nearby Campustown Services Center. The neighborhood one-half block north and east
of this site is a residential area, and religious services are not uncommon in residential
areas.
Required off-street parking for religious services is more than can be accommodated on
this site along with other uses. On August 28, 2007, the Ames City Council approved a
Joint Use Parking Plan that allows use of the existing parking spaces at St. Andrews
Lutheran Church to the north on Colorado Avenue. By a legally binding agreement, both
property owners are committed to avoid religious services at the same time. Therefore, no
expansion of parking areas is required.
CONCLUSION: Staff believes that the proposed site will be harmonious in
appearance to the existing area and that the changes proposed by the applicant will
not change the essential character of the area. Ames Municipal Code Section
29.1503(4)(a)(ii) has therefore been satisfied.
FINDING 3. The current community center uses include public assembly uses such as
concerts, weddings, festivals and celebrations. The impacts of the proposed religious
services are likely to have less impact on the existing surrounding uses than these current
community center uses.
CONCLUSION: Staff believes that the proposed site will not be hazardous or
disturbing to existing or future uses in the vicinity. Ames Municipal Code Section
29.1503(4)(a)(iii) has therefore been satisfied.
FINDING 4. At this time, no public facilities or services will be needed for the proposed
site. No additional public costs will be required for this project.
3
CONCLUSION: The entire cost encountered during the improvement of the
building will be assumed by the applicant. Because no public services are required
at this time, no additional public cost will be required. Ames Municipal Code
Sections 29.1503(4)(a)(iv) and (v) have therefore been satisfied.
FINDING 5. The only activity proposed by the applicant is using a portion of the building
for religious services. Other uses currently allowed in this area, without a Special Use
Permit, include entertainment and recreation uses, automobile sales lots, vehicle service
facilities, and commercial outdoor recreation. Although traffic peak flows at the beginning
or end of religious services for people in the area may or may not be different than the
currently allowed assembly uses, the effect is likely to be minor relative to the usual traffic
on Lincoln Way.
CONCLUSION: All additional activities associated with this use will be indoors and
will not be associated with extra materials, equipment, smoke, fumes, glare or odor.
Staff believes that the use proposed by the special use permit will not create
disturbances beyond what can be expected from permitted uses. Ames Municipal
Code Section 29.1503(4)(a)(vi) has therefore been satisfied.
FINDING 6. This Highway-Oriented Commercial zoning district is intended to provide for
the needs of residents near Iowa State University and in the west part of Ames. Its
appearance should be open, pleasant, and aesthetically pleasing. It is to be compatible
with adjacent residential uses.
CONCLUSION: The proposal will offer additional religious services to west Ames.
Only minor modifications are needed to the exterior of the building and no changes
to the site are required. Staff believes that the proposal is consistent with the intent
and purpose of the Zone. Ames Municipal Code Section 29.1503(4)(a)(vii) has
therefore been satisfied.
Commercial Zone Standards
FINDING 7. The proposed religious services will occur only on Friday evenings, a time
when many of the surrounding commercial uses are also open. This replaces activities
under the current use at these times.
CONCLUSION: Staff believes that this activity in a commercial zone district will not
alter the traffic pattern, and that the hours of operation are compatible with the
surrounding businesses. Ames Municipal Code Section 29.1503(4)(b)(i) has
therefore been satisfied.
FINDING 8. Approximately 2,900 square feet of the building will be used for the weekly
religious services. At other times during the week, this space can be used for currently
permitted uses. The parking to serve this use is already on the site, or is in a nearby
parking area that is otherwise unused at these times.
CONCLUSION: Staff believes the proposal makes more efficient use of existing
commercial land. Ames Municipal Code Section 29.1503(4)(c)(iv) has therefore
been satisfied.
4
FINDING 9. The proposed use will operate under a site plan that has already been found
to meet all applicable zone standards. Additional parking is the only standard that needed
to be met for this different use. The parking is provided by an approved Joint Use Parking
Plan. The site plan was reviewed relative to this proposed use, and no changes to the site
plan were required.
CONCLUSION: Ames Municipal Code Section 29.1503(4)(c)(iii) has therefore
been satisfied.
CONDITIONS:
The 33 parking off-site parking spaces are necessary to support the religious services at
3329 Lincoln Way. The Special Use Permit would not meet the standards for approval
without the Joint Use Parking Plan that the City Council has approved. Therefore, having
an approved Joint Use Parking Plan under the applicable Municipal Code section should
be a condition of approval of the Special Use Permit to allow religious services at 3329
Lincoln Way
ALTERNATIVES:
1. The Zoning Board of Adjustment can approve a Special Use Permit to allow
religious services at 3329 Lincoln Way conditional on an approved Joint Use
Parking Plan under the applicable Municipal Code section.
2. The Zoning Board of Adjustment can deny a Special Use Permit to allow religious
services at 3329 Lincoln Way if the Commission determines that the use does not
comply with the Special Use Permit conditions of Section 29.1503(4).
3. Action on this request can be postponed and referred back to City staff and/or the
applicant for additional information.
DEPARTMENT RECOMMENDATION:
Based upon the Findings of Fact and Conclusions above, it is the recommendation of the
Department of Planning and Housing that the Zoning Board of Adjustment approve
Alternative #1. This is a recommendation to approve a Special Use Permit to allow
religious services at 3329 Lincoln Way conditional on an approved Joint Use Parking Plan
under the applicable Municipal Code section.
ACTION OF THE PLANNING & ZONING COMMISSION:
The Planning & Zoning Commission recommends that the Zoning Board of Adjustment
approve the request for a Special Use Permit to allow religious services at 3329 Lincoln
Way conditional on an approved Joint Use Perking Plan under the applicable Municipal
Code Section.
S:\Councii Boards CommissionsP nCommission Action ForrristSpecial Use Permits13329_Lincoln Way-Stonebrook worship service-09-
05-07.doc
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Efft.,cive Date: November 24, 2003
Special Use Permit
Supporting Information for a Proposed Use
in a Commercial Zone
(This form must be filled out completely before your application will be accepted.)
The Zoning Board of Adjustment cannot approve a Special Use Permit unless all of the "General
Standards" and the "Commercial Zone Standards"are met. In order to facilitate review of this
application for a Special Use Permit, the applicant must address each of the "General Standards'', set
forth in Section 29.1503, and in addition, the 'Commercial Zone Standards", set forth in Section
29.1503(4)(c) of the Zoning Ordinance.
(Note: The applicant's explanation of how the request meets each standard may be attached on a
separate sheet if sufficient space is not provided.)
1. General Standards. The Planning and Zoning Commission and the Zoning Board of Adjustment
shall review each application for the purpose of determining that each proposed use meets the
following "General Standards", set forth in 29.1503(4)(a), and in addition, shall find adequate
evidence that each use in its proposed location will:
(a) Be harmonious with and in accordance with the general principles and proposals of
the Land Use Policy Plan (LUPP).
Explain how the request meets this standard.
Our request is to hold a church service at the fore mentioned property. This service will
be uniquely geared toward young singles in the 18 - 25+ age range. Therefore, this
service will be particularly attractive to one of the major influences in Ames, Iowa State
University, hopefully resulting in students who are more responsible, concerned for others
welfare, and involved in the community as a whole.
This service will also greatly facilitate a sense of belonging and connectivity for this
younger demographic. We've already seen an unusually high number of ISU graduates
secure employment in Ames or commute to Des Moines, because of the potential advent
of this service. This development, the retention of ISU grads, will promote economic
expansion and diversification in Ames-
(b) 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 use will not change the essential character of the area in which it is proposed.
Explain how the request meets this standard.
5
Efft,tive Date: November 24, 2003
This church service perfectly fits the intended use statement submitted to the city to certify
our site plan and secure a construction permit. This statement said:
"The facility at 3329 Lincoln Way is intended to be a venue for alternative activities to the
bar scene targeting college students and 20 somethings and also to serve the needs of
various public and private events in the community.
Approximately half of the facility will be leased out to a Laundromat and a Coffee House
business both of which are open to the public.
The other half will be open for events including, but not limited to, campus organization
activities, wedding receptions, bar mitzvahs, music events, art shows, graduation parties,
toast masters meetings, ect..."
Not be hazardous or disturbing to existing or future uses in the same general
vicinity.
Explain how the request meets this standard.
This arrangement is perfectly suited for this building's intended use and will create no
additional issues or concerns that concerts or other community events would already
create in this location.
(c) 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.
Explain how the request meets this standard.
This building was remodeled to accommodate music and performance events of which
this church service would be a variation of. The location is sprinkled, powered, and
designed to facilitate the size of crowd and type of activity that this event will be. Even
though the facilities parking meets code, we have already received verbal agreement by
the owner of Colorado Junction and St. Andrews Lutheran Church to serve as overflow
parking.
(d) Not create excessive additional requirements at public cost for public facilities and
services.
Explain how the request meets this standard.
Again, this service will not create any additional concerns that any other popular event at
this location will create.
6
Ehr_.tive Date: November 24, 2003
(e) 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.
Explain how the request meets this standard.
This location has three entrances with the two primary ones being Colorado Ave. and one
off of Lincoln Way, so no traffic problems are expected.
This service will take place indoors and so no other traffic or traffic related issues will take
place.
(f) Be consistent with the intent and purpose of the Zone in which it is proposed to
locate such use.
Explain how the request meets this standard.
Offering a church service in this location is consistent with the HOC zoning (Highway-
Oriented Commercial) of this facility. it fits within the allowance of"a full range of retail
and service businesses" and is "auto-accommodating, with access from major traffic
ways".
2. Commercial Zone Standards, The Planning and Zoning Commission and the Zoning Board of
Adjustment shall review each application for the purpose of determining that each proposed use in a
commercial zone meets the "Commercial Zone Standards", set forth in 29.1503(4)(c), which are
listed below, and shall find adequate evidence that each use in its proposed location will:
(a) Be compatible with the potential commercial development and use of property
planned to occur in the area.
Explain how the request meets this standard.
The intended use of this facility included a community center and therefore this church
service will certainly fall under that.
(b) Represent the sufficiently desirable need for the entire community that the loss of
commercial land is justifiable in relation to the benefit.
Explain how the request meets this standard.
Currently, 40% of the Ames demographic is 18 — 24 years old. To meet the spiritual and
social needs of such a large segment of the Ames population is certainly a benefit to the
quality of life in this city.
7
i
Efto..cive Date: November 24, 2003
(c) Be consistent with all other applicable standards in the zone.
Explain how the request meets this standard.
This service is a perfect fit for the type of facility being requested, the zone that it falls
under, and the present needs in the city of Ames.
8
GROVE REAL ESTATE
218 S.E. 16th Street, Suite 102
Ames, Iowa 50010-8118
PHONE: 515-232-8579
CELL: 515-290-8305
FAX: (515)233-1777
E-MAIL:LADGROVE@HOTMAIL.COM WEBSITE: WWW.PETALLOWED.COM
August 31, 2007
City of Ames
Planning and Zoning Commission
515 Clark Avenue
P. o. Box 811
Ames, Iowa 50010
RE: Stonebrook Community Church Request for Special Use
Permit at 3329 Lincoln Way
With regard to the above, I wish to express my opposition to allowing a Church to
be located at 3329 Lincoln Way. That is a prime commercial location and should
be preserved for commercial purposes. It makes a lousy location for a Church,
and a wonderful location for a commercial enterprise. There are so few high
quality commercial locations in the City of Ames; it would be a crying shame to
use this particular location for anything but commercial purposes.
Sincerely yours,
Lad Gr ve
Attorney at Law
LG:wb
T�EIVED
SEP () 4 2007
JF .iiVIES, IOWA
0EI 1'. OF PLANNING & HOUSING
Personal/Personal 2007/Letter to City Planning 8 Zoning 8-31-2007