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HomeMy WebLinkAboutA7 ITEM #: DATE: 08-26-15 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: August 21, 2015 CASE FILE NO.: ZBA 14-32 REQUEST: A Special Use Permit to allow a change in the use of the existing building at 320 S. 17th Street from a fitness center to a religious institution, Harvest Vineyard Church PROPERTY Ames Racquet and Fitness Center OWNER: LOCATION: 320 S. 17th Street (See Attachment A) ZONING: Highway-Oriented Commercial (HOC) BACKGROUND AND PROJECT DESCRIPTION: The request is to convert the use of property at 320 S. 17th Street from a fitness center (Ames Racquet and Fitness Center) to a religious institution (Harvest Vineyard Church). The site is approximately 2.8 acres. Boundaries of the site are the west-bound U.S. Highway 30 ramp from Duff Avenue on the south, South 17th Street to the north, Electric Wholesale Company (an electrical supply business) on the east, and the Aspen Business Park Subdivision to the west. The facility includes 63,340 square feet of floor area. The proposed project would have two single-story sections, 15,833 square feet for the worship center, and 15,417 square feet for two tennis courts retained from the racquet and fitness center use. A two story section, consisting of 32,090 square feet, will serve general church functions. Vehicular access to the site is provided by two driveways from S. 17th Street, one for ingress, and the other for egress. Pedestrian access will be facilitated by the installation of a 5-foot wide sidewalk in the public right-of-way running parallel to S. 17th Street, and connecting to a 5-foot wide sidewalk leading to the main entrance to the building. The existing parking lot, consisting of 138 parking spaces, will be retained in its present configuration. The new use as a place of worship requires a minimum of one (1) space for every four (4) seats in the main auditorium. The 441 seats planned for the main auditorium generates the need for 111 parking spaces. The tennis courts require a minimum of eight (8) parking spaces. Parking is provided to meet the minimum number 1 of required spaces plus an additional nineteen (19). Five (5) handicap-accessible spaces will be located near the main entrance of the facility to meet minimum standards. A new main entrance to the facility, including a vestibule, will be established south the current entrance location to provide direct access from the parking lot into the worship center (main auditorium). This new entrance will be identified with a canopy that extends out approximately eight (8) feet from the front building fapade (see the entry elevation drawings on the attached Floor Plan Sheet Al.1). Perimeter parking lot landscaping will be added along the east, north and south parking lot perimeters to meet the required minimum landscaping standards in Section 29.403 of the Municipal Code. PUBLIC COMMENTS: Notification was made to all owners of property within 200 feet. A notice of public hearing was placed on the property and published in the newspaper. APPLICABLE LAW: Chapter 29, Section 29.1503(4)(a) 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: (The standards are listed in this report below.) (b) Commercial 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..." (The standards are listed in this report below.) (e) Conditions. The Board may impose such additional conditions it deems necessary for the general welfare, for the protection of individual property rights, 2 and for ensuring that the intent and objectives of this Ordinance will be observed." STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL: The applicant has provided the attached application including statements as to how the proposed Harvest Vineyard Church meets the requirements for a Special Use Permit. FINDINGS OF FACT & CONCLUSIONS: Based upon the submitted site and architectural plans and in addition to the facts provided in the application, the following findings of fact and conclusions may be made regarding the standards of approval. General Standards. (i) Be harmonious with and in accordance with the general principles and proposals of the Land Use Policy Plan of the City. Findings of Fact: The focus of Goal No. 2 of the Land Use Policy Plan (LUPP) is to prepare for the target population and employment growth, and to assure the adequate provision and availability of developable land ... Objective 2.B. states that "Ames seeks to assure the availability of sufficient suitable land resources to accommodate the range of land uses that are planned to meet growth. Sufficient land resources shall be sought to eliminate market constraints." The LUPP map designates the site for Highway-Oriented Commercial development, which contemplates "religious institutions" in the Highway-Oriented Commercial (HOC) zoning district as an appropriate use, provided the use meets the standards for approval of a Special Use Permit. Conclusions: The proposed church helps to fulfill the LUPP policies of assuring the availability of sufficient land resources to accommodate the range of land uses that are planned to meet growth. It can be concluded that the development meets General Standard (i) for a Special Use Permit. (ii) Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing and 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. Findings of Fact: The surrounding area is comprised of a variety of commercial retail/service and office types of uses. The metal building material of the existing facility, and gable roof, is consistent with other buildings in the vicinity and will remain as the building exterior for the new use. The church design is appropriate 3 for the commercial context established by the existing commercial buildings and uses. A church is an institutional use that the Zoning Code recognizes as compatible with commercial uses when designed to meet these requirements for a Special Use Permit. Conclusions: Its design features, given the existing building commercial scale and appearance, is compatible with its surroundings. The peak intensity of use will occur on weekends when there is minimal traffic concerns or other operating business that may be disrupted by the high influx of attendees. It can be concluded that the development meets General Standard (ii) for a Special Use Permit. Not be hazardous or disturbing to existing or future uses in the same general vicinity. Findings of Fact: The primary existing uses in the general vicinity are commercial retail/service and office uses. The hours/days during which the greatest amount of traffic will access the church site will be during off-peak times for many of the surrounding businesses. Church uses, in general, are not considered a nuisance as neighbors to commercial businesses. Traffic will be directed to the east, and to the west as means to access S. 16th Street, which then connects to S. Duff Avenue on the east, and University Boulevard to the west, both of which are designed to absorb and disperse this traffic. Conclusions: Use of the existing facility as a church, should not be disturbing or hazardous to existing and future uses in the area as it is an allowed institutional use and deemed compatible to those existing uses. It can be concluded that the development meets General Standard (iii) for a Special Use Permit. (iv) Be served adequately by essential public facilities and services such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities, and/or schools. Findings of Fact: The site is served directly by S. 17th Street, and indirectly by S. 16th Street, a collector street). All City services are available to the site, and no additional service connections, or public easements are needed for the proposed use. Conclusions: This property is adequately served by essential public facilities and services, including a public sidewalk in the S. 17th Street right-of-way, to be constructed as part of this project. The new sidewalk must connect to the existing sidewalk to the west of the site, approximately 15 feet from the subject site. It can be concluded that the development meets General Standard (iv) for a Special Use Permit. 4 5 (v) Not create excessive additional requirements at public cost for public facilities or services. Findings of Fact: All improvements in the S. 17th Street right-of-way (sidewalk), and all on-site improvements will be paid by the owners of the subdivision or developers of this project. Conclusions: This use will not create additional requirements at a public cost for public facilities. It can be concluded that the development meets General Standard (v) for a Special Use Permit. (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. Findings of Fact: As an institutional use, the proposed church will not produce any of the detrimental factors identified in this standard. The intensity of use with the number of people on site can be accommodated on the site as proposed. Additionally, staggering of multiple services or events will allow for the facility to operate without spillover traffic concerns to other nearby sites. Additionally, the types of businesses within HOC zoning immediately adjacent to the site would not be sensitive to noise or traffic. Conclusions: It can be concluded that the development meets General Standard (vi) for a Special Use Permit. (vii) Be consistent with the intent and purpose of the Zone in which it is proposed to locate such use. Findings of Fact: The proposed use as a "place of worship" is listed as a use allowed in the HOC zone, provided the use meets the minimum standards for approval of a Special Use Permit. Conclusions: HOC zoning allows for some of the highest intensity of use in the City. The church's intensity is consistent with that expectation. In this instance, the site and area provide for a variety of commercial and service uses and adding the church can be found to be consistent with the intended mix of uses for the HOC zone. It can be concluded that the development meets General Standard (vii) for a Special Use Permit. Commercial Zone Standards. (i) Be compatible with the potential commercial development and use of 5 property planned to occur in area; Findings of Fact: There are two vacant commercial lots to the north of the site on the opposite side of S. 17t" Street. The potential uses for these two lots within the HOC zone is in the categories of retail/service, or office type uses, which would be compatible. As discussed previously, the area is a mix of HOC retail and service uses and with this one additional special use of a church. These uses are not sensitive to the potential activity levels of the church. Conclusions: The proposed use as a church is compatible with existing and potential development in the area in terms of the exterior appearance of the building and given that the hours of greatest use of the site will occur during times the other nearby businesses are either closed, or have lower demand for services. It can be concluded that the development meets Commercial Zone Standard (i) for a Special Use Permit Represent the sufficiently desirable need for the entire community that the loss of commercial land is justifiable in relation to the benefit; Findings of Fact: Churches of various sizes are located in many residential and commercial zoning districts across the City, but many have difficulty finding new sites because of lack of availability in these zones. The City supports a variety of social/cultural uses in the City to support overall quality of life and balances their needs with potential effects on economic development opportunities. In this instance, the area has additional vacant land for more commercial uses and the change to a church does not substantially change the inventory of available commercial land in the city. Conclusions: It can be concluded that the development meets Commercial Zone Standard (ii) for a Special Use Permit. Be consistent with all other applicable standards in the zone. Findings of Fact: The site was nonconforming for landscaping requirements and the applicant has agreed to make improvements consistent with the zoning development standards. The proposed site plan has been reviewed by the Development Review Committee (DRC) and has been found to be consistent with all other applicable standards of the HOC zone. Conclusions: It can be concluded that the development meets Commercial Zone Standard (iii) for a Special Use Permit. 6 ALTERNATIVES: 1. The Zoning Board of Adjustment can approve the request for a Special Use Permit to allow a change in the use of the existing building at 320 S. 17th Street from a fitness center to a religious institution, Harvest Vineyard Church. 2. The Zoning Board of Adjustment can deny the request for a Special Use Permit to allow a change in the use of the existing building at 320 S. 17th Street from a fitness center to a religious institution, Harvest Vineyard Church, by finding that the proposal does not meet the criteria of Section 29.1503(4). 3. The Zoning Board of Adjustment can refer this request back to the applicant or to City staff for additional information. RECOMMENDED ACTION: Staff concludes that the proposal to change the use of the existing building at 320 S. 17th Street from a fitness center to a religious institution, Harvest Vineyard Church, is consistent with the general and specific commercial standards required for granting a Special Use Permit. 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. 7 Attachment A Location Map =Y � l AV4. FA'''i�- zY`7 .'m.,� }���, �, � � +�.' ���IIlrT�� _ �✓ 'R5 `r3 uy�d 04, Subject Peap�rEy ✓ I Y F 31 • 5e4 df � g �� �`�. � � :S;F � Sa 4 Location Map 320 S.17th Street M. 0 62.5 125 250 375 Feet 8 Attachment B Site plan and elevation drawings under separate cover. 9