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HomeMy WebLinkAboutA6 ITEM #: DATE: 10-22-14 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: October 17, 2014 CASE FILE NO.: ZBA*V14-X7 REQUEST : To approve an amendment to a Special Use Permit for a religious institution in a residential zone PROPERTY OWNER: Ascension Lutheran Church CONTACT: Jeff Harris, Roseland, Mackey, Harris Architects 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. Because of growth in the number of congregants, the church, received approval of an amended Special Use Permit on May 23, 2012 for an expansion of the parking lot. The church is now seeking approval to place a modular classroom building on the site, immediately south of the existing church building. The proposed building is about 35 feet by 70 feet (2,480 square feet) and will be used for Sunday school and other classes. The church does not operate a day school or a child care facility. As a modular building, it will be elevated about 30 inches above grade, with a handicap ramp along the east side. Existing shrubs along the parking lot will be retained and two existing trees will be relocated to the east side of the classroom building. In all other aspects, the site plan will be as approved in 2012. No additional parking is required for the property since parking requirements are based on the seating capacity of the sanctuary. The church is required to have 75 parking spaces based on the 300 seats in the sanctuary. There are 103 parking spaces on site. 1 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 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: 2 (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 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. 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. PREVIOUS CONDITIONS OF APPROVAL AND COMPLIANCE: In 2012 when the Board approved the amended 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. No on-site signage shall be installed west of the driveway. [This condition is currently being met as the location of the sign is east of the driveway. However, staff will recommend that the condition be retained as part of the approval of this site plan. This condition was placed in 2010 due to concerns about sight visibility form east bound vehicles on Bloomington Road.] 2. No electronic signs such as LED (light emitting diode) displays shall be permitted. [This condition is currently being met and staff will recommend that it be retained as 3 part of the approval of this site plan. This condition was placed in 2010 because the site is within a residential zone.] 3. The scope of operation is limited to worship activities. [This condition is currently being met and staff will recommend that it be retained as part of the approval of this site plan. The proposed use of the classroom for Sunday school classes is considered part of the worship activities of the church. If the church ever expanded to include day school or child day care, an amendment to the Special Use Permit would be required.] 4. A flat lens shall be required on site lighting fixtures. [This condition is currently being met and staff will recommend that it be retained as part of the approval of this site plan. This condition was placed in 2010 due to concerns about spillover lighting in the residential district.] 5. 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. [The landscaping is complete and staff believes no financial security is now needed for the relocation of the two trees as they are not required landscaping elements.] FINDINGS OF FACT & CONCLUSIONS: Based upon the project description and attached site plan, the following findings of fact and conclusions may be made concerning the proposed amendment. 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. Findings: 1. The proposed site coverage (buildings and paving) is 17.3% (from the current site coverage of 16.5%). The RL zone allows 60%. 2. A second principal building on the same lot is allowed for religious institutions. 3. The use of the modular classroom is for an ancillary use typically offered by a church. 4. The applicant proposes retaining the landscaping along the parking and driveway perimeter and relocation of two existing trees. 5. The Development Review Committee (DRC) has found that the site plan meets all of the technical standards. 6. Signage in this location will be highly visible to surrounding residents due to the relatively flat open areas that allow open visibility of the site. 7. The existing principal structure is approximately 180 feet away from homes to the east, the new one-story structure will be greater than 220 feet away from the same homes. 8. Site improvements for access and parking will remain the same as existing conditions 4 Conclusion: The applicant has proposed an amendment site plan for the addition of a modular classroom building. 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 would allow the classroom to be used for Sunday school classes and other ancillary worship related uses. Using the classroom for a day school or for child day care would require an amendment to the Special Use Permit. Therefore, based upon the above findings, it can be concluded that the application meets all applicable criteria of Ames Municipal Code and is consistent with the condition and requirements of the previously approved Special Use Permit. ALTERNATIVES: 1. The Zoning Board of Adjustment may approve the Special Use Permit for the religious institution at 2400 Bloomington Road as detailed on the Site Plan (Attachment B, prepared by Roseland Mackey Harris Architects and dated 10/13/14) 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. 2. The Zoning Board of Adjustment may approve the 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 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 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 site plan meets the requirements of the Ames Municipal Code. The proposed classroom expansion is intended to accommodate the increased attendance that the church enjoys. The conditions that are proposed above are directly 5 related to unique characteristics of the proposed Special Use Permit and based on the findings within the report. 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 the Special Use Permit for a religious institution at 2400 Bloomington Road as detailed on the Site Plan (Attachment B, prepared by Roseland Mackey Harris Architects and dated 10/13/14) 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. 6 ATTACHMENT A: LOCATION MAP LU ' o i' BLOOMINGTON RD Ascension Lutheran Church tw; �3 i r as z 4 ff Proposed Classroom , F (approx) :y DAITC4N Si DALTOtd C1R go*S pp jj 'j - POLKD a � > N , YORKSH IRE ST < Y6W H IRE GiR �`• ." UJ Feet 7 ATTACHMENT B: SITE PLAN l-1 t T f O L uj cc _ 174ff c ,— is 1 \ i E 2; I a t Y �I W µ 8