HomeMy WebLinkAboutA001 - Staff Report dated December 7, 2011 ITEM #: 2
DATE: 12-07-11
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: December 1, 2011
CASE FILE NO.: ZBA 11-24
REQUEST: To approve an elevation plan revision to 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: Matt Phillips, HCS Builders, Ames
LOCATION: 2811 Hyatt Circle
ZONING: "GI" (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 type to the City of Ames. The zoning
designation is General Industrial (GI) and the immediate and general area is vacant
industrial lots. The existing Special Use Permit was approved on August 24,2011, but was
not acted upon. The same owner has revised the exterior materials of the proposed
building. This revision requires another hearing by the Zoning Board of Adjustment (ZBA)
due to the fact that the original materials were listed in the Decision and Order.
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.
APPLICABLE LAW:
Excerpts from Chapter 29, Section 29.1503(4):
(4) Review Criteria.
(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
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use in its proposed location will:
(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;
(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.
CONCLUSION:
Staff's August report analyzed and reported on all of the applicable criteria regarding
this application. The site plans have been revised to reflect the minor revisions required
by ZBA's August approval. Although the applicant has revised the exterior design of the
building, there are no exterior design requirements in the GI zone. The style building
proposed is typical of industrial development and will be harmonious with the area.
Therefore, the only remaining condition is the operational aspect of maintenance and
cleanliness.
ALTERNATIVES:
1. The Zoning Board of Adjustment may approve this revision to the elevation plans of
the Special Use Permit that was previously approved subject to the findings of fact
and conclusions stated on this report and the August report and upon the condition
that outdoor pet areas are cleaned after each day of use, and as often as necessary
to avoid any detectable odors beyond the premises.
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.
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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 this revision to the
elevation plans of the Special Use Permit that was previously approved subject to the
findings of fact and conclusions stated on this report and the August report and upon the
condition that outdoor pet areas are cleaned after each day of use, and as often as
necessary to avoid any detectable odors beyond the premises.
S:\PLAN_SHR\Council Boards Commissions\ZBA\Special Use Permits\2811 Hyatt Circle Ames Pet Resort revision 12-07-11.doc
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Attachment A - Location Map
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