HomeMy WebLinkAboutA1 Effective Date: December 4, 2003
Appeal from a Decision
of the Zoning Enforcement Officer
Application Form
(This form must be completely filled out before the application will be accepted.)
1. Property Address for this Appeal Application (if applicable):
1620 South Kellogg Avenue
2. Legal Description (attach if lengthy):
Lot 2 in South town Subdivision of Ames,Story County, Iowa
3. 1 (We) the undersigned, do hereby respectfully appeal to the Ames Zoning Board of
Adjustment alleging that an en-or has been made or appealing a decision of enforcing in
connection with (Attach if sufficient space is not provided.)
requiring an internal parking lot landscaping median for a proposed parking lot expansion.
4. Property Owner. Henry Zheng /Yum Properties, L.L.C.
Address: 1620 South Kellogg #103 Ames Iowa 50010
(Street) (City) (State) (Zip)
Telephone: (917) 371-5252
(Home) (Business) (Fax)
5. Applicant: Henry Zheng /Yum Properties, L.L.C.
Address: 1620 South Kellogg #103 Ames Iowa 50010
(Street) (City) (State) (Zip)
Telephone: (917) 371-5252
(Home) (Business) (Fax)
6. Contact Person: Kurt Mackey-Roseland, Mackey, Harris Architects, PC
Address: 1615 Golden Aspen Dr.,Suite 110 Ames Iowa 50010
(Street) (City) (State) (Zip)
Telephone: (515) 292-6075 (515) 292-6370
(Home) (Business) (Fax) VED
E-mail address: kmackey@rmharchitects.com 2012
3
CITY OF ALES, IOWA
OEPT, OF PLANNING &HOUSING
Effective Date: December 4, 2003
The Zoning Board of Adjustment may grant an Appeal, provided the Board finds that
there is an error in any order, requirement, decision, or determination made by an
administrative official in the enforcement of Chapter 414 of the Code of Iowa or of any
ordinance adopted pursuant thereto. This Appeal will not be granted unless sufficient facts
are presented in this application and at the Zoning Board of Adjustment hearing to support a
position finding by the Board.
Concurrence with this Appeal by the Zoning Board of Adjustment in no way absolves the
applicant from subsequently obtaining the necessary building permits or other permits from the
City of Ames or from any other applicable agency.
I(We) certify that I(we) am(are)familiar with all applicable ordinances and codes and I(we) have
submitted all the necessary information to fully understand this appeal.
Signed by: Date:
(Property Owner)
(Note: No other signature may be substituted for the Property Owner's Signature.)
and: . � � �- Date:
(Applicant)
Aand: Date: 11,2
(Co to t Per on)
4
Effective Date: December 4, 2003
Appeal from a Decision I DECEIVED
of the Zoning Enforcement Officer MAR 0 8 2012
Supporting Information CITY OF AMES, IOWA
r�Fm op PLA ING & HOUSING
(This form must be filled out completely before your application will VV
As provided by Section 414.12 of the Iowa Code, Section 29.1403(7)(a) of the Zoning
Ordinance grants power to the Zoning Board of Adjustment to hear and decide appeals
where it is alleged that there is an error in any order, requirement, decision, or
determination made by an administrative official in the enforcement of the Zoning
Ordinance.
In order to facilitate review of this application for an appeal the appellant must provide sufficient
facts to support the appellant's position.
(Note: Additional facts may be attached on a separate sheet if sufficient space is not provided.)
The existing building site was plan submitted and approved in April 2007. This submittal included a site plan
which showed the future development, including parking. Since then, the Owner has developed and
leased most of the existing 12,510 square feet. The Owner has indicated that he would like to add the 33
parking spaces indicated on the attached drawings. This parking is in the some configuration shown on the
original submittal as'future'. There is no timetable for when the second building will be built.
In November, 2011,a site plan with the indicated parking lot expansion was submitted for review. All issues
were resolved with the exception of the internal landscaping median requirement, as stated in the 11/18/1 1
DRC Staff Comments:
"Because the parking lot will contain three contiguous double-loaded parking aisles, it appears that
one 15-foot wide landscaped median running the length of one of the drive aisles is required (Section 29.403
(4).c.i)."
Staff has interpreted the wording of this section (see attached) to mean that the presence of three
contiguous double-loaded parking aisles requires an internal parking lot median. This interpretation may be
applicable for large parking lots where there are more than three double-loaded parking aisles. However,
the addition of an internal median to a parking lot with only three double-loaded parking aisles creates a
situation where there are no longer three contiguous double-loaded drive aisles. This would negate the
requirement for the internal median just added, so the median can be removed. Doing this, however, results
in three contiguous double-loaded parking aisles and the median would again be required. This
interpretation has no solution in this case.
A correct interpretation of the Code would be to require an internal landscaping median for parking lots
after going beyond three aisles, thereby ensuring that there are never more than three contiguous double-
loaded parking aisles.
If Staff's interpretation is upheld, the Owner would have to choose from the following options to finish
development of the property:
1. Remove a minimum of six (6) existing parking spaces already constructed and paid for in the first phase of
the site development.
2. Delete a minimum of thirteen (13) parking stalls from the proposed parking lot expansion. This would result
in a decrease in the amount of square footage for the planned future retail multitenant building by
approximately 500 square feet. This reduction could be greater if changes to the parking lot ratios are
increased before the second building is built.
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(c) Surface Parking Area Interior Landscaping. All surface parking areas must meet the following
interior landscaping requirements.
(i) Interior landscaping shall be required forparking lots,containing 16 or more spaces,
that include three or more rows of parking spaces separated by two or more drive aisles in a single location. Such interior
landscaping shall,at a minimum,include a 9.0'wide and 16'long landscaped island for every 20 interior parking spaces
and a landscaped median,a minimum of 15'wide running the full length of the drive aisle,for every 3 contiguous double
loaded parking aisles.
At least one Landscape Tree,as defined in Section 29.403(2)(b),shall be installed
on each landscaped island. A minimum of one Landscape Tree is required per 50 lineal feet of landscaped median.
Shrubs or ground cover plants must cover the remainder of each landscaped island and median.
(Ord.No. 3591, 10-10-00)
(ii) Interior landscaping is not required for parking lots that have parking on one or both
sides of a single drive aisle.
(Ord.No. 3591, 10-10-00)
(iii) All landscaping must comply with the standards of Section 29.403,Landscaping and
Screening. Trees and shrubs must be fully protected from potential damage by vehicles.
(iv) Interior parking area landscaping must be dispersed throughout the parking area.
Some trees may be grouped,but groups of trees must be dispersed.
(v) Perimeter landscaping may not substitute for interior landscaping. However,interior
landscaping may join perimeter landscaping as long as it extends 4 feet or more into the parking area from the perimeter
landscape line.
(vi) Parking areas that are 30 feet or less in width may locate their interior landscaping
around the edges of the parking area. Interior landscaping placed along an edge is in addition to any required perimeter
landscaping.
(d) Planting Materials. No materials shall be approved for use in any Parking Lot Landscaping
Plan that has been judged unsuitable for such use in the City by the Department of Planning and Housing. The following
are minimum standards:
(i) All plant materials shall be of a heartiness suitable to the local climate;
(ii) Plant materials used for screening purposes shall provide effective screening by the
third growing season.
(e) Maintenance. The owner shall be responsible for providing,protecting and maintaining all
landscaping and health and growing condition,replacing it when necessary and keeping it free of refuse and debris.
(f) Surface Parking Lot Landscaping Plan. No surface parking lot of 16 or more spaces shall
be constructed, enlarged or reconstructed (excluding repaving) until a Parking Lot Landscape Plan for that surface
parking lot has been approved by the Department of Planning and Housing. The area surrounding and within the parking
lot devoted to landscaping shall be equal to or greater than 10% of the gross area of the paved surface measured from
the back of the curb. This measurement excludes stem-type,ingress and egress driveways, leading to the parking lot.
(i) The Department shall not approve any surface parking lot landscape plan submitted
to it pursuant to this Section unless the plan conforms to the requirements of this Section or conforms to an approved
Master Plan or a Maior Site Development Plan which the City Council has determined meets the purposes described in
Section 29.403(4)(a).
(Ord. No. 3896, 12-12-06)
(ii) Surface parking lot landscape plans shall be prepared and submitted in accordance
with these provisions and the provisions contained in Section 29.1502(3), "Minor Site Development Plan."
(g) The Department may approve a parking lot landscape plan submitted to it not conforming
to the requirements of Section 29.403(4)(b)and 29.403(4)(c)when it conforms to an approved Master Plan or a Major
Site Development Plan which the City Council has determined meets the purposes described in Section 29.403(4)(a).
(Ord. No. 3896, 11-12-06)
(h) CVCN and CGS District Landscaping. In addition to(and in conjunction with)the lot line
landscaping requirements specified in Table 29.403(4),increased landscaping shall be provided around the perimeter
of parking lots that serve,or partially serve,Grocery Stores and/or any category of Retail and Shopping Centers as listed
in Table 29.406(2),as follows:
i. For every 1 square foot of grocery store or shopping center gross floor area, 0.28 square feet
of landscaping shall be provided.
ii. Landscaping shall be contiguous to parking lot landscaping otherwise required by this
Chapter,or in landscaped areas abutting parking lots that are at least 350 square feet in area,
and which are no narrower than 10 feet in any dimension.
Sup #2011-3 Chapter 29,Article 4-5 Rev. 07-1-11
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Effective Date: December 4, 2003
Permission to Place a "Zoning Action Pending" Sign
on Private Property
(This form must be filled out completely before your application will be accepted.)
Section 29.1500(2)(d)(iii) of the Zoning Ordinance, requires that notice shall be posted by the
City on signs posted on the subject property.
The owner of property at 1620 South Kellogg Avenue hereby grants the City of Ames
permission to place "Zoning Action Pending" signs on the property for the purpose of informing
interested persons of the request for action by the City of Ames.
1 understand that the signs will be placed on the property several days prior to action on the
request by Zoning Board of Adjustment and may remain on the property until the request has
been approved or denied by the City.
Signed by: L
Date:
(Property Owner)
(Note: No other signature may be substituted for the Property Owner's Signature.)
PIECEIVED
MAN 0 9 2012
OI W OF AMES, IOWA
6 i"z'p PLANNING &HOUSING