HomeMy WebLinkAboutA3 ITEM #: 2
DATE: 05-23-12
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: May 18, 2012
CASE FILE NO.: ZBA 12-10
REQUEST : To approve an amendment to a Special Use Permit for a religious institution
in a residential zone
PROPERTY OWNER: Ascension Lutheran Church
CONTACT: Nathan Easter, Bolton & Menk Consulting Engineers & Surveyors
LOCATION: 2400 Bloomington Road
ZONING: "RL" (Residential Low Density)
BACKGROUND AND PROJECT DESCRIPTION:
The Ascension Lutheran Church received a Special Use Permit from the Zoning Board of
Adjustment on December 8, 2010 to allow the construction of their church at 2400
Bloomington Road. The approval included a number of conditions, described later in this
report. Construction was completed on the church and a final certificate of occupancy
allowed the church to hold services. It soon became apparent that the church, although it
complies with the zoning ordinance, does not have enough parking spaces for their use.
The church seeks to expand their existing parking area to the north. This addition will
increase the number of spaces from 75 to 105. The parking will be extended to within
about 20 feet of the north property line and landscaped to meet the requirements of the
ordinance.
APPLICABLE LAW:
Chapter 29, Section 29.1503(4)(a), (b) 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
1
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.
(b) Residential Zone Standards. The Zoning Board of Adjustment shall review
each application for the purpose of determining that each proposed use in a
residential 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) Not create excessively higher levels of traffic than the predominant
pattern in the area and not create additional traffic from the proposed
use that would change the street classification and such traffic shall
not lower the level of service at area intersections;
(ii) Not create a noticeably different travel pattern than the predominant
pattern in the area. Special attention must be shown to deliveries or
service trips in a residential zone that are different than the normal to
and from work travel pattern in the residential area;
(iii) Not generate truck trips by trucks over 26,000 g.v.w. (gross vehicle
weight) to and from the site except for waste collection vehicles and
moving vans;
(iv) Not have noticeably different and disruptive hours of operation;
(v) Be sufficiently desirable for the entire community that the loss of
residential land is justifiable in relation to the benefit;
(vi) Be compatible in terms of structure placement, height, orientation or
2
scale with the predominate building pattern in the area;
(vii) Be located on the lot with a greater setback or with landscape
buffering to minimize the impact of the use on adjacent property; and
(viii) Be consistent with all other applicable standards in the zone.
(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.
Chapter 29, Table 29.701(3) outlines the Development Standards for the RL zone:
Table 29.701(3)
Residential Low Density(RL) Zone Development Standards
DEVELOPMENT ST.kNDARM SINGLE FAMILY TWO FAMILY DNITI-LING
Minimum Lot.lea F i i. ; ) , >f
Mixiiinium Princ pal
Building Setbacks:
Froat L:,t Line - ft- ' ft'
Side Let Line fr.: 6 f1:or
S t:foe_=.torie,, S ft:x_'stories
S ft.f r ;tries ft.for_:tone,
i:ft.fc,:side lot lime abutting public 1 ft.for aide lo>iine abutting public
right f>*:iv c,a a come:lot rie it-cf-way on a corner lot
Rear Lot Lin III ft -ry ft
i t eet lake:
;tlll'%imum ton-.age: •...ff L ,-,fee' line.: f j i^j b-1.1dlIIA line
"0 f ' :uild:rt_lute -
Rdaxinaunn B+ilditiv Co.'esa ge
Ma-nniutu Site C ;efa a ri_ich.:te all b_tilimE a.i:'l Fii o &D"o
and idetsall_s cn lctl
Mirmmt m.Lrtr:dsca ed:lrea ;ja,a 4>
Table 29.403(4) outlines the required parking setbacks and type of landscaping required.
The first two rows in the below table are applicable to the proposal.
'T'able ?9.-1i)0)
Mininlllnl 11,arlxing .krea Setbacks and Perimeter Landscaping
Lot line abutting, street I or 10 ft 1.:I
J.ot line abuLting a Ikesidentially-Zone. Lcr 5 ft. :ra 1.3. ex cep I 10 tt. ;a' 1A i11 C:;I
L.ot line abutting a C'ommercitllh, or Industrial- 5 ft. la I.1 or 10 ft. :
Zone Lot
Perimeter landscaping for GrocerN Stores :hill `e,. Section 19A11.)3( ;(h) for additional
Retail and Shopping ceflters in C N and U(IS landscaping reiltlil,ennetlt .
:tulle.
PUBLIC COMMENTS:
Notification was made to all owners of property within 200 feet. In addition, a notice of
public hearing was placed in the front yard of 2400 Bloomington Road. One call was
received from a neighbor to the east who did not have a concern after the project was
described.
3
CONDITIONS OF APPROVAL AND COMPLIANCE:
In December, 2010, when the Board approved the Special Use Permit for this project, the
Board applied a number of conditions. These are noted below, followed by staff comments
[in brackets] concerning the church's compliance with them.
1.That no on-site signage shall be installed west of the driveway; [Staff notes that no
signage has been installed west of the driveway. Staff will recommend in the
alternatives below that this condition remain.]
2.That no electronic signs such as LED (light emitting diode) displays shall be
permitted; [Staff notes that no such signage has been installed. Staff will
recommend that this condition remain.]
3.That the mechanical screening details shall be submitted to Planning staff, approved
and installed prior to occupancy of the building; [Unfortunately, the mechanical
equipment was installed prior to seeking the staff's approval. The mechanical
equipment consisted of large units on both sides of the building with duct work
extending outside of the building up to the eaves. The Planning staff approved a
screening plan on February 14, 2012 and some of that has been installed. The
details of that approval have been included on the proposed site plan which the
Board is asked to approve. The details include Japanese tree lilacs and a 6' wood
fence to screen the units and ductwork.]
4.That the scope of the operations is primarily worship activities; [Staff will recommend
that this condition remain.]
5.That a flat lens shall be required on site lighting fixtures; [Staff will recommend that
this condition remain.] and
6.That all areas exclusive of paved and building areas and the wooded area shall be
established with turf grass [The Planning staff's approval of the mechanical unit
screening also stated that this screening and all the landscaping must be completed
no later than May 15, 2012. The landscaping has not been completed. Staff met
with the landscaping contractor on site and understands that there were delays due
to wet ground. Staff notes that the contractor is showing progress and that the
contractor understands what the approved plan requires. The plan now quotes the
exact wording of the Board's condition.]
FINDINGS OF FACT & CONCLUSIONS:
Based upon the project description and attached site plan,the following findings of fact and
conclusions may be made. The findings relate only to the proposed changes to the existing
approved plan and not to the overall site plan or the use of the site as a church. The Board
has already previously rendered judgment on the use of the site for a church and there are
no impacts now that it is opened that should cause the Board to reconsider that broader
issue.
4
Findings:
1. The proposed site coverage (buildings and extended paving) is 16.5% (from the
current site coverage of 13.8%). The RL zone allows 60%.
2. The parking is set back 20 feet from the adjacent right-of-way, consistent with the
parking setbacks of the commercial development at Bloomington and Stange and
greater than the 16-foot setback of the Stonebrook Community Church across the
street. Other than the required five feet of landscaping, there are no setback
requirements for parking for institutional uses in the RL zoning district.
3. The applicant proposes L2 landscaping along the parking and drive perimeter.
4. The Development Review Committee (DRC) has found that the site plan meets all
of the technical standards.
5. The Traffic Engineer determined that on-premises signage west of the driveway
could block visibility for drivers exiting the site.
6. The church proposes to plant, mow and maintain a lawn area covering the entire
site.
7. Drainage is provided to an onsite dry pond in the Northeast corner of the site.
8. No sign is proposed at this time. Existing sign regulations would allow an electronic
sign, such as a LED (light emitting diode) display. However, these are not
characteristic of residential areas. Signage in this location will be highly visible to
surrounding residents because they are located in relatively flat open areas that
allow open visibility of the site.
9. No concerns regarding potential adverse impacts have been reported by the public
as of the writing of this report.
10.The landscaping and screening requirements previously approved have not yet
been installed, but the owner is making progress. However, the prime planting and
germination period for grass is fast coming to an end. It may be problematic to
establish a strong turf grass at this time, but the church is working diligently. The
usual mechanism by which the City is assured of completion of required elements of
the site plan is the withholding of the Certificate of Occupancy. In instances where
that is not possible (as when the Certificate of Occupancy has already been issued),
a financial security can be held by the City in order assure completion.
CONCLUSION:
The applicant has proposed an amendment site plan for an expanded parking lot that
meets all development standards for the base zone. The site plan has been reviewed by
the DRC and found to meet all of the technical standards. Retaining the limitation of the
use to only worship activities should remain a condition of the approval in orderto maintain
the harmonious appearance and not change the character of the area.
The proposed flat lens should be retained as a condition because it better limits glare
which is important in maintaining the residential character of the area. The setbacks of the
parking lot expansion are similar in character to nearby church and commercial
development. Although a parking lot is not typical of low density residential development, it
is an accessory use of a religious institution. Required landscape screening is important to
mitigate the potential adverse impact of vehicles and vehicle parking. In addition to the
proposed landscaping, the distance of the parking from the residential lots provides
5
additional buffering of the potential noise and light from vehicles. The quantity, size and
location of the proposed parking lot landscaping meets planting standards and will meet
screening performance standards within three years if maintained properly.
Therefore, based upon the above findings, it can be concluded that the application meets
all applicable criteria of Ames Municipal Code subject to conditions for lighting, scope of
operations, signage, and assurance of completion detailed below.
ALTERNATIVES:
1. The Zoning Board of Adjustment may approve the amended Special Use Permit for the
religious institution at 2400 Bloomington Road as detailed on the Site Plan (Attachment
B, prepared by Bolton & Menk and dated 4/30/2012)with the adoption of the findings of
fact and conclusions stated herein, and subject to the following conditions:
a.) No on-site signage shall be installed west of the driveway.
b.) No electronic signs such as LED (light emitting diode) displays shall be
permitted.
c.) The scope of operation is limited to worship activities.
d.) A flat lens shall be required on site lighting fixtures.
e.) The owner submit a cost estimate for the remaining landscaping and screening
and submit a financial instrument acceptable to the City for that cost, which the
City will draw upon in the event that the landscaping and screening is not
completed by September 15, 2012.
2. The Zoning Board of Adjustment may approve the amended Special Use Permit for a
religious institution at 2400 Bloomington Road by adopting its own findings of fact and
conclusion.
3. The Zoning Board of Adjustment may deny the amended Special Use Permit for a
religious institution at 2400 Bloomington Road, if the Board finds and concludes that the
proposed amendments to the Special Use Permit are not consistent with adopted
policies and regulations, or that the amended Special Use Permit will impose impacts
that cannot be reasonably mitigated.
4. The Zoning Board of Adjustment may table this request for an amended Special Use
Permit and request additional information from City staff or the applicant.
RECOMMENDED ACTION:
Ascension Lutheran Church's engineering consultant proposes an amended Special Use
Permit and site plan that meets the requirements of the Ames Municipal Code. The
proposed parking lot expansion is a reasonable approach to accommodate the increased
traffic that the church enjoys. The location of the parking lot expansion and the screening
minimize the impacts to adjacent properties. The most directly impacted are the residential
properties north of Bloomington Avenue, a 112-foot right-of-way. However, the conditions
that are proposed below are directly related to unique characteristics of the proposed
amendments to the Special Use Permit and based on the findings within the report.
6
Therefore, 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 an
amended Special Use Permit for a religious institution at 2400 Bloomington Road as
detailed on the Site Plan (Attachment B, prepared by Bolton & Menk and dated 4/30/2012)
with the adoption of the findings of fact and conclusions stated herein, and subject to the
following conditions:
a.) No on-site signage shall be installed west of the driveway.
b.) No electronic signs such as LED (light emitting diode) displays shall be
permitted.
c.) The scope of operation is limited to worship activities.
d.) A flat lens shall be required on site lighting fixtures.
e.) The owner submit a cost estimate for the remaining landscaping and screening
and submit a financial instrument acceptable to the City for that cost, which the
City will draw upon in the event that the landscaping and screening is not
completed by September 15, 2012.
7
Attachment A — Location Map
WINDFIELD DR
IX
LI
{�< I
LIJ �
TA„LO SIR+4
l
B L O O M I N G T O N-R D---------------
-77
el
m x
d✓ Subject 'Q'
OOLI_EN DR -r l Property w ;
01
3 ` r
wUo
1
I tfy
a
t-7 itry e� qY ✓ L
BUCHAN AND
R
DALTON ST I ALTON ST
jj
i .
{
v r
f
a t
I i. X: POLKiDR
PORK—HIRE-STLU
D J _
KiN:GST N;,DR Y1
ttt,
If
Location Map
2400 Bloomington Road Map Area
0 125 250 500
Feet