HomeMy WebLinkAboutA6 ITEM #:
DATE: 01-14-15
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: January 7, 2014
CASE FILE NO.: ZBA 14-33
REQUEST : To approve a Special Use Permit to allow four social service providers to
locate within the existing First Christian Church in a Residential Zone.
PROPERTY OWNER: First Christian Church
CONTACT: David Gregory, First Christian Church
LOCATION: 611 & 613 Clark, 515 6th Street, and 516 7th Street
ZONING: "RM" (Residential Medium Density)
"O-SFC" (Single Family Conservation Overlay)
BACKGROUND AND PROJECT DESCRIPTION:
The First Christian Church, located at the corner of 6th Street and Clark Avenue, is
requesting a Special Use Permit to allow four social service providers to locate on the
property. The church is looking for approval to allow Good Neighbor Emergency
Assistance, Food at First, Assault Care Center Extending Shelter & Support (ACCESS)
and Raising Readers Book Storage to locate within the existing church building as well
as within the existing house owned by the church, previously used as a church
parsonage. The applicant has submitted a Site Plan to indicate the location of all the
proposed entities on the property.
The existing church building is proposed to house the Food at First program on the
lower level in the kitchen and fellowship hall. The program will have approximately 8-12
staff members and volunteers and serve evening meals (40-60 meals) seven days a
week. The existing parking area will be utilized for patrons and staff as well as allow for
two deliveries a week.
The existing parsonage building, located north of the church, is proposed to house
offices for the Good Neighbor program on the first floor and the offices for the ACCESS
program on the second floor. The good neighbor program will have approximately 2-4
staff members and ACCESS will accommodate approximately 2-4 staff members within
the facility.
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i single storage room on the Raising Readers will utilize a s g e s g upper floor of the church
building. They will not have any staff on site, other than to occasionally visit the site to
load/unload books into the storage area.
Currently no site changes are proposed with the Special Use Permit application and no
additional parking is required for the property since parking requirements are based on
the seating capacity of the sanctuary as the primary use of the site. There are 36
existing parking spaces within the two parking lots owned by the church.
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
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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,
(I I') 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.
STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL: The applicant has
provided the attached application including statements as to how the proposed First
Christian 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.
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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 property is designated within the Downtown Service Center
classification of the Land Use Policy Plan. The property is zoned Residential
Medium Density, and a part of the Single Family Conservation Overlay. The
overlay district is established to maintain the existing single-family residential
character of the residential areas adjacent to downtown. First Christian Church
is proposing to convert the existing residential structure, which has been an
accessory use of the church as a residential parsonage, to an institutional use for
two of the proposed social service providers.
Conclusions: The need for religious institutions and social services is inevitable
with a growing population. While, the conversion of an existing single-family
residential structure to an institutional use is generally against the intent of the
Single Family Conservation Overlay District, the use does meet the allowances
of the underlying base zone which permits social service providers as a Special
Use. In this case the single-family structure has already been an accessory use
of the church being a parsonage, and while the property is still a separate lot, the
existing church building encroaches into the lot and could make for a difficult use
of the lot as a single family residential property. The proposed uses will not
materially change the physical look of the properties and this is consistent with
the Overlay District intent. It can be concluded that the property meets
General Standard (i) for a Special Use Permit.
(i i) 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: A church is an institutional use that the LUPP and zoning code
recognize as compatible with lower density residential uses when designed to
meet these requirements for a Special Use Permit. The organizations under the
current Special Use Permit request have stated they intend to utilize the church
building and other properties without alterations.
First Christian Church utilized the sanctuary, office and classrooms wing at night
and on weekends. Good Neighbor has offices on the first floor of the old
parsonage building and ACCESS will have offices on the second floor. Food at
First intends to utilize the kitchen and Fellowship Hall within the Church and
Raising Readers will maintain a single storage room on the upper level of the
church for book storage. The Food at First program will generate the most
activity on the site with its level of patrons and its schedule for 7 days a week.
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The applicant has noted that the traffic into the church will be less than the
previous use when the Ames Community Preschool Center occupied portions of
the church building for daycare services. According to the applicant, Ames
Community Preschool Center averaged 16 staff and 85 patrons, while Food at
First is estimated to average 10 staff with 40-60 patrons. Ames Community
Preschool Center relocated from the site in 2014.
Conclusions: Without proposed changes to the existing site or existing buildings,
the church maintains the existing residential scale and appearance, which is
compatible with its surroundings. It can be concluded that the property 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 use in the general vicinity is detached residences.
Fareway is located across Clark Avenue. The church will maintain its current
standard service hours. The addition of the social service providers will maintain
interior functions within the existing building and will be concluded in the early
evening hours which are typical for church functions so as to not be disturbing to
the surrounding property owners. Traffic will be directed to the west to the two
existing parking areas as well as to the east to the Fairway parking lot which is
currently used for church functions. The applicant has noted that the number of
patrons coming and leaving from the site, specifically relating to the Food at First
program which is the user with the highest public function, is still less in number
that the trips generated from the previous preschool use who occupied the
space. The applicant notes, Ames Community Preschool Center, averages 16
staff and 85 patrons, while Food at First is noted to average 10 staff with 40-60
patrons.
Conclusions: The existing church, with the inclusion of the four social service
providers, should not be disturbing or hazardous to existing and future uses in
the area as social service providers are an allowed institutional use and deemed
compatible to those existing uses in the district. It can be concluded that the
property 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: With the existing church use all essential public services are
already provided for the site. The new social service providers will not require
any additional public service than already required for the church use.
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The submitted site plan indicates a dumpster to be located on the southwest
corner of the north parking area. There appears to be an existing fence for
storage in this area. The existing fence does not meet the refuse screen
enclosure requirements of the zoning code.
Conclusions: This property is already served by essential public facilities and
services. A dumpster enclosure would be required for any dumpsters located on
the property for refuse removal. It can be concluded that the property meets
General Standard (iv) for a Special Use Permit.
(v) Not create excessive additional requirements at public cost for public
facilities or services.
Findings of Fact: No changes are proposed for the site or the existing buildings
on the property.
Conclusions: The new use will not create additional requirements at a public cost
for public facilities. It can be concluded that the property 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
glare or odors. Traffic will be generated from the new social service providers
beyond the existing church functions already existing on the property. However,
the applicant notes that the Food at First program, which will contribute the most
to the traffic impact, will contribute less staff traffic and less patron traffic to and
from the site than the previously approved daycare use on the property.
Conclusions: The proposed social service providers will not create any additional
traffic, noise, smoke, fumes, glare, or odors from the site. The facility currently
draws traffic for church services and other related functions but no increase in
traffic is anticipated for the site which would exceed what was permitted under
the Special Use Permit for the daycare on the property. It can be concluded
that the property 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 existing church use and the social service providers
proposed for the site are allowed within the Medium Density Residential zoning
district with approval of a Special Use Permit as noted in the Use Table of the
Ames Municipal Code.
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Conclusions: The City Council has determined that this use is consistent with the
intent and purpose of the Residential Medium Density Zone subject to approval
of a Special Use Permit. It can be concluded that the property meets General
Standard (vii) for a Special Use Permit.
Residential Zone Standards.
(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.
Findings of Fact: The applicant has noted that the number of patrons coming and
leaving from the site, specifically relating to the Food at First program which is
the user with the highest public function, is still less in number that the trips
generated from the previous preschool use who occupied the space. The
applicant notes, Ames Community Preschool Center, averages 16 staff and 85
patrons, while Food at First is noted to average 10 staff with 40-60 patrons.
Conclusions: Traffic volumes from this church will not exceed the capacity of the
adjacent streets. The street network will be able to maintain the current street
classification and level of service once the social service providers relocate to the
site. It can be concluded that the development meets Residential Zone
Standard (i) for a Special Use Permit.
(i i) 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.
Findings of Fact: The church's main vehicle access is located off 6th Street with
the main pedestrian entrance to the church off the east side of the building on
Clark which enters into the sanctuary of the church. A second pedestrian access
is located on the west side of the building for the two parking lots. All
parishioners, visitors, and deliveries to the site will typically use this west
entrance into the lobby of the church.
Conclusions: The proposed use will not create a noticeably different travel
pattern than the predominant pattern in the area. It can be concluded that the
development meets Residential Zone Standard (ii) for a Special Use Permit.
(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, food delivery
vehicles, and moving vans.
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Findings of Fact: The only trucks normally expected at the site are refuse
collection vehicles and twice a week delivery trucks.
Conclusions: It can be concluded that the development meets Residential
Zone Standard (iii) for a Special Use Permit.
(iv) Not have noticeably different and disruptive hours of operation.
Findings of Fact: The applicant notes that this church will have hours of operation
consistent with other religious institutions. The social service providers will mostly
have general daytime office hours as other businesses in the area. The
applicant notes the expected hours of operation are from 3 pm to 8 pm Sunday
through Friday, and 9 am through 2 pm on Saturday.
Conclusions: It can be concluded that the development meets Residential
Zone Standard (iv) for a Special Use Permit.
(v) Be sufficiently desirable for the entire community that the loss of
residential land is justifiable in relation to the benefit.
Findings of Fact: The existing site is already an institutional use, so no loss of
land for residential development will occur. The proposed social service providers
are institutional uses and provide services for the community.
Conclusions: It can be concluded that the development meets Residential
Zone Standard (v) for a Special Use Permit.
(vi) Be compatible in terms of structure placement, height, orientation, or scale
with the predominate building pattern in the area.
Findings of Fact: There is no proposed change in the site or building for the
special use permit. The site will remain as existing within the pattern of the
neighborhood.
Conclusions: No change in the existing building or site will occur with the
approval of the proposed special use permit. It can be concluded that the
development meets Residential Zone Standard (vi) for a Special Use
Permit.
(vii) Be located on the lot with a greater setback or with landscape buffering to
minimize the impact of the use on adjacent property.
Findings of Fact: The proposed use will not change the existing layout of the site
or buildings. The existing buildings are in line with the setbacks and character of
the surrounding neighborhood.
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Conclusions: It can be concluded that the development meets Residential
Zone Standard (vii) for a Special Use Permit.
(viii) Be consistent with all other applicable standards in the zone.
Findings of Fact: Social Service Providers are a permitted use with approval of a
Special Use Permit in the RM Zone and the proposed use does not alter the
existing site plan for the properties.
Conclusions: The standards of the RIM Zoning District and other city standards
have been met. It can be concluded that the development meets Residential
Zone Standard (viii) for a Special Use Permit.
PUBLIC COMMENTS:
Notification was made to all owners of property within 200 feet. In addition, a notice
of public hearing was placed on the church property.
ALTERNATIVES:
1. The Zoning Board of Adjustment can approve this request for a Special Use
Permit to allow Good Neighbor Emergency Assistance, Food at First, Assault
Care Center Extending Shelter & Support (ACCESS) and Raising Readers Book
Storage to locate within the existing First Christian Church in a Residential Zone,
with the understanding that the inclusion of a dumpster on the site, as indicated
on the site plan, will require a refuse enclosure to meet the screen requirements
of the zoning code and all permit requirements.
2. The Zoning Board of Adjustment can approve this request for a Special Use
Permit to allow Good Neighbor Emergency Assistance, Food at First, Assault
Care Center Extending Shelter & Support (ACCESS) and Raising Readers Book
Storage to locate within the existing First Christian Church in a Residential Zone,
with conditions.
3. The Zoning Board of Adjustment can deny this request for a Special Use Permit
to allow Good Neighbor Emergency Assistance, Food at First, Assault Care
Center Extending Shelter & Support (ACCESS) and Raising Readers Book
Storage to locate within the existing First Christian Church in a Residential Zone,
by finding that the project does not meet the criteria of Section 29.1503(4).
4. The Zoning Board of Adjustment can refer this request back to the applicant or to
City staff for additional information.
RECOMMENDED ACTION:
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Staff concludes that the proposed Special Use Permit request for four social service
providers to locate on the First Christian Church properties is consistent with the
general and specific residential 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.
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ATTACHMENT A: LOCATION MAP
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611 & 613 dark Avenue,
515 6th Street, and 516 7th Street
First Christian Church
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ATTACHMENT B: SITE PLAN
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