Loading...
HomeMy WebLinkAboutA6 ITEM # 2 DATE: 05-28-14 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: May 23, 2014 CASE FILE NO.: ZBA-14-12 REQUEST: To approve a Special Use Permit for 5,000 square feet of use as Retail Sales and Service — General within a General Industrial Zoning District. PROPERTY OWNER: Clinic Building Company CONTACT: Jeff Harris, Roseland Mackey Harris Architects LOCATION: 2100 East 13t" Street ZONING: General Industrial (GI) BACKGROUND AND PROJECT DESCRIPTION: The Clinic Building Company owns a 15,000 square foot building on the subject site. (Location Map Attachment A) Warehouse space occupies 10,000 square feet of the total area. At this time, the property owner seeks to lease 5,000 square feet to Cross Fit Oxygen, represented by Nathan Ante, which provides personal fitness training to individuals and in small group classes, as well as some retail sales. Staff has determined that the use is similar to martial arts instruction, which the Zoning Ordinance classifies as "Retail Personal, Business and Repair Services" in the category "Retail Sales and Services—General," (See Ames Municipal Code Table 29.501(4)-3). "Retail Sales and Services—General," is permitted in the General Industrial (GI) zoning district, but requires a Special Use Permit if the use exceeds 3,000 square feet (See Ames Municipal Code Table 29.901(2). Therefore, the application is for a Special Use Permit to allow 5,000 square feet of Retail Sales and Service — General use on the subject property. This is important to distinguish as a use. This proposed use is based on a scheduled class or workout training session format, rather than as a generally open to the public fitness or health club facility. A fitness center or health club type use is not permissible in the General Industrial Zoning District as it is classified as a recreation use rather than a service use. The proposed project must operate in this manner of a scheduled operation to be consistent with the Special Use Permit standards of the Zoning Code. The subject site has shared driveway access from E. 13t" Street. The parking lot is located centrally to the property and the building surrounds it in an L-shape along the west and north perimeter of the lot. To the east and south, the site is open towards the operation of Manatt's Inc. office, parking lot, and commercial construction yard. The parking area is a paved surface designed for loading of the warehouse building and is considered non-conforming as a parking lot due to the lack of landscaping. APPLICABLE LAW: 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): 1. 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 (LUPP). (ii) Be designed, constructed, operated and maintained so as to be harmonious and appropriate 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, 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. 2 APPLICANT'S STATEMENT IN SUPPORT OF THE SPECIAL USE PERMIT The applicant's complete application and supporting information accompany this report. These materials discuss characteristics of the proposed use and their impacts. The applicant states the appearance of the building and site is not to be altered to accommodate the use and that the proposed use will not be detrimental to people, property or surrounding uses. The applicant has also included a keyed identification of the businesses around the site on the south side of 13th street. Land Use Policy Plan (LUPP) The subject site has a General Industrial Land Use Designation. Property to the north, across 13th street, is Community Commercial Node. Properties south of 13th street are all General Industrial land use designation. General Industrial land use designation and Goals and Policies of the LUPP for commercial uses do not directly discuss commercial uses within industrial areas. The plan describes the purpose of each individually. The LUPP identifies an intent for commercial development to occur at varying scales from neighborhood to regional with a focus on connecting commercial development to its particular surroundings and needs of neighborhoods. There are higher design expectations for commercial areas to present attractive and compatible commercial environments. General Industrial is described in a limited manner that it is typically not to be located along major thoroughfares in the future and is not subject to higher design requirements compared to Planned Industrial. The purpose of the zoning district describes this as ensuring that industrial uses have an appropriate environment for their use as compared to ensuring compatibility of commercial uses. Sec. 29.901. "GI" GENERAL INDUSTRIAL ZONE. (1) Purpose. This Zone is intended to provide a limited development review procedure, involving only developer- and staff-coordinated efforts to satisfy the planning and permitting requirements. This District applies to those areas where there is a need to provide a desirable industrial environment and to promote economic viability of a type generally not appropriate for or compatible with retail sales areas. A site plan review process is required in order to assure such development and intensity of use in a way that assures safe, functional, efficient and environmentally sound operations. This leads to a case-by-case assessment of allowing retail uses within industrial areas depending on surrounding compatibility, condition of an individual site, and any relevant concerns about commercial land use needs of the Land Use Policy Plan. FINDINGS OF FACT & CONCLUSION: Staff makes the following findings of facts: 3 General Standards FINDING 1. The Land Use Policy Plan (LUPP) map designates this site and all of the property on the south side of this street as General Industrial. FINDING 2. There is a mix of "heavier" industrial uses adjacent to the site combined also with commercial, office, and service uses. FINDING 3. Use of the building for Retail Sales and Service requires the striping of the paved area for parking and comply with building code occupancy requirements. No other exterior alterations are proposed. FINDING 4. A minimum of 19 parking spaces are required for the two uses in the building: 17 spaces for 5,000 square feet of retail sales and services and two spaces for 10,000 square feet of warehouse. The site includes 19 parking spaces. FINDING 5. No additional public facilities or services will be needed as it is already serviced FINDING 6. Retail sales and service uses of this type at this location are not hazardous or disturbing to uses in their vicinity through levels of activity, hours of operation, or sensitively to industrial operations, nor produce excessive noise, smoke, fumes, glare or odors themselves. FINDING 7. Industrial uses are not likely to disturb retail sales and service uses under 5,000 square feet in total area that do not have an exterior component. FINDING 8. East 13th Street is an arterial street operating within acceptable levels. Retail sales and service uses under 5,000 square feet based on a scheduled class and training session operation will not produce traffic in excess of that expected for East 13th Street. CONCLUSION: Based on the staff's analysis and the findings above, staff finds that the General Standards of the Ames Municipal Code Section 29.1503(4)(a) can be satisfied. ALTERNATIVES: 1. The Zoning Board of Adjustment can approve the Special Use Permit to allow 5,000 square feet of Retail Sales and Service — General use at 2100 East 13th Street, based upon the findings and conclusions of staff. 2. The Zoning Board of Adjustment can deny the Special Use Permit to allow 5,000 square feet of Retail Sales and Service — General use at 2100 East 13th Street, if the Board determines that the proposed use at this site does not comply with the criteria of Section 29.1503(4). 4 3. Action on this request can be postponed and referred back to City staff and/or the applicant for additional information. DEPARTMENT RECOMMENDATION: Staff frequently receives inquiries about the use of industrial areas for a wide range of uses that are not typically thought of as traditional industrial uses. The LUPP supports a more homogenous use of industrial areas and distinction from commercial uses overall. This principle of distinct areas is embodied in the purpose of the G-1 zoning district, which then allows for case-by-case evaluation of commercial uses through the Special Use Permit required for this project. There is a balance of maintaining industrial areas for employment and uses that are less compatible with commercial and residential uses and potential commercial interest outside of established commercial areas. A spread of commercial uses into industrial areas would be a long term drain on existing commercial areas. It would also potentially concern industrial businesses about how their operations are compatible with and perceived by new neighbors. At times there would also be concerns about changing uses when a site is deficient or non-conforming in site improvements compared to investments made by other properties for similar or new development. For this proposed use of retail and service use, it is the first commercial use subject to special use permit review to be considered along this part of 13th street. There are other commercial areas near this site, across the street and to the east. While this use could be allowed by right in these commercial areas, the applicant has not identified available space meeting their interests. In support of the application it appears that the use will not have a significant effect on the nearby Manatt's operation due to the proposed business's limited size and schedule of operations. Based upon the Findings of Fact and Conclusion above, it is the recommendation of the Department of Planning and Housing that the Zoning Board of Adjustment approve Alternative #1 to allow 5,000 square feet of Retail Sales and Service — General use at 2100 East 13th Street, based upon the findings and conclusions of staff. 5 Attachment A — Location Map IT ash r s y > rx 7s, Jb.:ws Px4 r ` '�3'✓t r' tt«. sz .€'Q BALTIA+IQRE DR��'��"� fill PLY,MOU,TN OR Ail 0!, .-`. bra t +i ,� 3 ..'�'2F 'f f+a <! _ sx '�`a �.6 : �auAi r1ELPHIA ST D s t � Subject �I# : J „� . Property ^w E 13THIST � v i ♦��g qq g4 Location Map 2100 East 13th Street N 6 Attachment B — Retail Sales and Service — General Uses From Ames Municipal Code Section 29.501(4)-3 Retail Sales and Services General Definition, Uses that involve the sale, lease or rental of new or used consumer products, including prepared foods, to the general Public and use,, providin- sera ices involving predominantly personal or business set-vices, includin-, repair of consumer and bUSItle',> 20ods. L'xcepfions Lumber yards and other building material sales facilities that sell primarily to contractors and o not have a retail orientation are classified as Wholesale Trade. Sales,rental,or lca,,inL� of heavy trucks and equipment is classified as Wholesale Trade, Uses for (fie repair anti service Of C011SLIMel motor vehicles, niotorcvcleN, and light and medium trucks are classified as Vehicle Service facilities. Repair and service of industrial vehicles and equipment, and heavy trucks is classified as Industrial Seiti ice. I'Ses Included Retail Sales: Stores sellinu, lea,invr. or renting consurner, home, and business got,ds including,: Antiques Appliances Art Art supplies Automobile supplies (no services) Bicvcles and Motorized Bicycles Books and printed material Clothing Computer hardware and software sales and service Convenience Store Dry goods Llectronic equipment Fabric Furniture Garden supplies Gifts Groceries Hardware Home improvements Household products Jewelry Music supplies Newspaper distribution Office machines Package liquor Pets [let food Pharmaceuticals Plants and flowers 7 Shoes Sporting goods StatiOncry` Tobacco products Toys Video Food sales Inot including seating, areas): Bakeries Candy Delicatessens Retail Personal, Business and Repair Services: Animal oroomine salow-, pying Blueprinting g and photoco services C7 Branch banks Business and commercial trade schools Business and manai gernent consulting services Dance or music schools Dry cleaning collection and distribution centers L'Imergency medical care facilities Lniployment agencies flair. tanning, and personal care services Kennels Laundromats Locksmiths Martial arts instruction Office equipment rental Photo drop-off Photographic studios Quick printing Recycling drop-off Scientific and professional instrument repair Sign making Tailors Teievision, bicycle, motorized bicycle.,clock, watch, shoe. gun,appliance and office equipment repair Upholsterers Veterinarian offices Xcces,ory U s� es Offices and storage of go ods, and manufacture or repackaging of goods for on-site sale