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Home My WebLink AboutA001 - Staff Report dated August 24, 2011 ITEM #: 3 DATE: 08-24-11 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: August 18, 2011 CASE FILE NO.: ZBA 11-18 REQUEST: To approve a Special Use Permit for a retail use greater than 3,000 square feet in a General Industrial zone PROPERTY OWNER: Dayton Park, LLC CONTACT: Randy Duncan, Ames Pet Resort (contract purchaser) LOCATION: 2811 Hyatt Circle ZONING: "Gl" (General Industrial) BACKGROUND: An application has been submitted for Ames Pet Resort(APR) at 2811 Hyatt Circle, a cul-de-sac street in the recently expanded Ames Community Development Park on South Bell Avenue. This is a new business to the City of Ames. The zoning designation is General Industrial (GI) and the immediate and general area is vacant industrial lots. Ames Municipal Code does not allow retail businesses over 3,000 square feet gross floor area (GFA) to locate in a GI zone unless the Zoning Board of Adjustment reviews and approves a Special Use Permit application. The City's Development Review Committee reviews the site plan portion of the Special Use Permit application. The Zoning Board of Adjustment's role is to determine if the proposal meets the criteria for a Special Use Permit in this General Industrial zone. PROJECT DESCRIPTION: APR is a kennel with a capacity of 50 dogs and 10 cats. The owner, Mr. Duncan,describes the business as having more amenities than the traditional kennel. The main amenity that is different than the traditional kennel is the additional interior play areas and open space. There will also be a high grade of finish in the interior of the building. The proposed facility is a one-story building with a pitched roof, approximately 7,000 square feet GFA. Connected to the building will be a 2,500 square-foot outdoor fenced play area. The suburban-styled building will be a combination of stone veneer and steel siding with a shingled roof. Surface parking and perimeter landscaping will be provided on-site per Ames Municipal Code requirements. Roughly half of the 1.35 acre site will be a grassy undeveloped area. The site will be accessed from Hyatt Circle, a cul-de-sac street. At this time there are no existing businesses or developments adjacent to the subject property. 1 APPLICABLE LAW: Chapter 29, Section 29.1503(4)(a) and (e) of the Municipal Code states the following: (4) 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 subsection (b) 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 Land Use Policy 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; (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. (e) Conditions. The Board may impose such additional conditions 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. 2 PUBLIC NOTICE: Notification was made to all owners of property within 200 feet, which at this time is only Dayton Park, LLC. In addition, a notice of public hearing was placed in the front yard. FINDINGS OF FACT & CONCLUSIONS: Based upon the project description and attached site plan the following findings of fact and conclusions may be made: Findings: 1. There are no existing businesses or developments adjacent to the property. 2. The applicant has identified noise and odor as the only potential impacts of the proposed retail business. The applicant has addressed those potential impacts by having an attendant with the dog during outdoor time and by maintaining high standards of cleanliness. 3. The Development Review Committee has reviewed the site development plan and identified that the following revisions needed to be made: a. Shrubs need to be installed in place of Reed Grass along western edge of parking for L2 screening b. Shrubs are needed to meet L2 requirement along eastern property line/parking c. Mulch can not extend beyond drip line of shrubs in L2 landscape area d. A landscape edger is needed to separate the landscaped area from the storm water detention e. The electrical transformer at the southeast corner of the building needs moved ten feet farther south for easier access and have ten feet of open space between doors and shrub screen. 4. Mr. Duncan has verbally described to the Development Review Committee that market trends for kennels show that about 50% capacity is a typical daily average to expect for the intensity of this use. 5. Mr. Duncan identifies in the application that although the Ames Zoning Code identifies this use as retail, it is more suited to a less habited area, such as industrial. Conclusions: The kennel business is proposed in an area of the city that is generally vacant. Therefore impacts of the proposed business on surrounding properties will be negligible, at least while the properties remain vacant.A potential impact as abutting properties are developed 3 would be odors emitting from outdoor pet areas. These can be mitigated by proper maintenance practices. When considering the potential surrounding industrial uses, such as manufacturing, the impacts could actually be the inverse—the proposed retail business could be impacted by surrounding properties, rather than having impact on surrounding properties.The potential impact of noise, due to barking dogs is addressed by the applicant. The applicant has proposed a site plan that meets all of the development standards of the Ames Municipal Code with the exception of some minor revisions. Therefore, based upon the above findings, it can be concluded that the application meets all applicable criteria of Ames Municipal Code subject to the following conditions: 1. The site development plan be revised with the following corrections: a. Shrubs be shown in place of Reed Grass along western edge of parking for L2 screening b. Shrubs be shown to meet L2 requirement along eastern property line/parking c. Mulch not extend beyond drip line of shrubs in L2 landscape area d. A landscape edger be installed to separate the landscaped area from the storm water detention e. The electrical transformer at the southeast corner of the building be moved ten feet farther south for easier access and have ten feet of open space between doors and shrub screen 2. Outdoor pet areas are cleaned after each day of use, and as often as necessary to avoid any detectable odors beyond the premises. ALTERNATIVES: 1. The Zoning Board of Adjustment may approve a Special Use Permit for this retail use of a kennel, which is over 3,000 square feet, subject to the findings of fact and conclusions stated herein and upon the conditions listed above. 2. The Zoning Board of Adjustment may approve a Special Use Permit for this retail use of a kennel, which is over 3,000 square feet, by adopting its own findings of fact and conclusion. 3. The Zoning Board of Adjustment may deny a Special Use Permit for this retail use of a kennel, which is over 3,000 square feet, if the Board finds and concludes that the proposed Special Use Permit is not consistent with adopted policies and regulations, or that the Special Use Permit will impose impacts that cannot be reasonably mitigated. 4 4. The Zoning Board of Adjustment may table this request for a Special Use Permit and request additional information from City staff or the applicant. RECOMMENDED ACTION: 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 act in accordance with Alternative#1. This is a recommendation to approve a Special Use Permit for this retail use of a kennel,which is over 3,000 square feet, subject.to the findings of fact and conclusions stated herein and upon the conditions listed above. SAPLAN_SHR\Council Boards Commissions\ZBA\Special Use Permits\2811 Hyatt Circle Ames Pet Resort 08-18-11.doc 5 Attachment A —Location Map �1 � f+ kV'I +i'q�illy✓iy3�I,i i��I + �+, a y V r v�9. •d�{'..f�I� k��.+ylp�ci �, 9Y„ �. i4 m a � M w DEfRE T = Subject Property o BR N(3 2811 Hyatt Circle a SH •: w � _� d k U LLI, i 0 � =E Location Map aneaarea 2811 Hyatt Circle 0 250 500 1,000 Feet Map Created August 17,2011 6