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DATE: 03/11/15
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
CASE FILE NO.: ZBA-15-03
DATE PREPARED: March 6, 2014
MEETING DATE: March 11, 2014
REQUEST: Amendment to the Conditions of Approval for a Variance granted
to allow the construction of self-storage facilities on the property
located at 1515 Florida Avenue.
APPLICANT: Steve O'Rourke
OWNER: Ames West Side Storage LLC
LOCATION: 1515 Florida Avenue (See Attachment A)
ZONING: Neighborhood Commercial (NC)
BACKGROUND:
Location and Site History. The subject property is located in the northwest portion of
the community 2 blocks west of North Dakota Avenue and 2 1/2 blocks north of Ontario
Street. The site includes approximately 2.4 acres of primarily vacant land, except for an
existing storage building in the northeast corner of the site. This is the only vacant
property in an area that used to be a separate community called "Ontario." The location
is in what was the business district in the center of the community. The appearance of
the building to the south of the subject property is reminiscent of the typical commercial
storefront of the early 20t" century. The most prominent feature of the area is the former
grain elevator adjacent to the property on the east, which is now the site of several
wireless communication facilities. The Union Pacific main railroad line, established
more than 150 years ago before any other uses, is the north boundary of the property.
To the west and southwest of the site are properties zoned as "RH" (Residential High
Density) and occupied by apartment buildings.
The area is now characterized by diverse uses: the painting company in the commercial
storefront, the heating and cooling company south of it, the vehicle repair business in a
portion of the grain elevator building and residences, including single family and multiple
family to the east, southwest and west. In the center of these diverse uses, and
separating most of the subject property from the street, is a Story County maintenance
garage, zoned as "S-GA" (Government/Airport).
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This mix of uses has never fit well into a particular land use category. The property was
zoned industrial for many years, but most allowed industrial uses would not be
compatible with the residential surroundings. Other than the uses described above, no
new industrial uses were ever developed on this two-acre property, partially because of
the lack of good transportation connections. In 1997, when the current Land Use Policy
Plan (LUPP) was adopted, the area was designated Highway Oriented Commercial.
Subsequently, as the current zoning ordinance was being prepared, it became clear that
the physical character of several such traditional commercial areas in Ames did not fit
into the Highway Oriented Commercial zoning district regulations, so a new zoning
district was created: "NC" (Neighborhood Commercial). This zone is for existing, small-
scale, pedestrian-oriented, commercial uses that are embedded within a residential
area. Other areas with this zoning include the West Street business area and the four-
block long area between 61h and 7th Streets. Retail sales and services and
entertainment, recreation and restaurant trade are the major permitted uses in the
Neighborhood Commercial zoning districts. Household living is also an allowable use,
reflecting the existing residences in all of these areas.
When the current owner acquired the property it was zoned general industrial. The
owner spent considerable time and money cleaning up the property, fixing grading and
drainage problems and improving the one storage building on the site. Self storage
was, and still is, a permitted use in the General Industrial zoning district, but the
rezoning to Neighborhood Commercial eliminated that possibility. Therefore, in 2010,
the applicant sought and was approved for a use variance to allow construction of a
self-storage facility.
The applicant has constructed self-storage facilities on the site, in accordance with a
Minor Site Development Plan (MSDP), and consistent with the modified conditions for
the use variance, approved on March 12, 2014, with the exception of the Arborvitae
seedlings the applicant has planted along the south and west property lines.
Applicant Request. The applicant is requesting that the Zoning Board of Adjustment
(ZBA) approve amendments to the conditions of the use variance for this property,
granted on March 10, 2010. The proposed amendments would allow the planting of
Arborvitae seedlings, instead of the size and type of plants specified in the conditions of
approval for the variance. The following "Conditions" for approval of the variance,
granted in 2010, would need to be amended for the Board to approve the applicant's
request: Conditions #1(b)&(c). These two conditions address landscaping
requirements along the south and west property lines.
Approved Variance Conditions. On March 10, 2010, the Zoning Board of Adjustment
granted a "Use Variance" (see Attachment B) to allow the construction of a self-storage
facility on property located at 1513 and 1515 Florida Avenue, in the "Neighborhood
Commercial (NC)" zone. The approval was based upon a conceptual design of the self-
storage facility with conditions of approval. Conditions were added in support of the use
variance to improve its compatibility with the surroundings. Approval of the "Use
Variance" included the following conditions:
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1. That screening and buffering be placed on the south and west property
lines, as follows:
a. Open security fencing that is also ornamental and of metal
materials;
b. Along the entire south property line coniferous trees that grow at
least 20 feet in height, spaced so as to form an unbroken screen
within five years;
c. Plantings along the entire west property lines as follows:
• Coniferous shrubs that grow at least six feet in height and width,
planted at least six feet on center,
• Groupings of not less than three deciduous, overstory trees 25
feet apart with no more than 75 feet between each group (between
trunks)
d. Plantings in (b) and (c) above in planting beds as follows:
• Located inside the fence
• Wide enough to contain all of these elements, but no less than 6
feet
• Weed fabric and mulch to reduce weeds and other volunteer
g rowth
• Six-inch high curb to protect plants from vehicles and contain
mulch
2. That applicant shall install a temporary irrigation system for the first
three years to establish the plantings;
3. That applicant install lighting that meets the outdoor lighting standards
of the city;
4. That brick is used as the primary exterior material on the
residential/office building;
5. At least two columns at the entrance into the facility with brick matching
the brick on the residential/office building be built; and,
6. That applicant install front yard landscaping for the residential/office
building, all for the property located at 1513 and 1515 Florida Avenue.
Site Plan Approval by Staff. A Minor Site Development Plan (MSDP) for self-storage
facilities was approved by the Planning and Housing Department on March 13, 2014,
following approval of amendments to the use variance conditions on March 12, 2014.
Conditions of Approval of the Variance granted in 2010.
Condition #1(b) requires: "Along the entire south property line coniferous trees that grow
at least 20 feet in height, spaced so as to form an unbroken screen within five years"
Condition #1(c) requires: "Plantings along the entire west property lines as follows:
• Coniferous shrubs that grow at least six feet in height and width, planted at least
six feet on center,
• Groupings of not less than three deciduous, overstory trees 25 feet apart with no
more than 75 feet between each group (between trunks)
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Staff concluded in the 2010 report to the Board that the appearance of a self-storage
facility is incompatible with the residential uses to the west and south, and
recommended approval with these conditions for landscaping, among the others
identified in this report.
Approved Landscape Plan. The approved Landscape Plan requires Burk Eastern
Red Cedar trees, along the south property line that are 6 feet in height at the time of
planting, with a height of 20 to 25 feet, and a width of 8 to 15 feet, at maturity. Along the
west property line, the approved Landscape Plan requires Emerald Arborvitae trees that
are six 6 feet in height at the time of planting, with a height of 15' and a width of 5 feet,
at maturity.
The Landscape Plan includes a listing of "Landscape Requirements" which are
Conditions 1(b)&(c), as required by the ZBA for approval of the Use Variance.
APPLICABLE POLICIES AND LAWS:
Pertinent Sections of the Ames Municipal Code:
Table 29.801(2) addresses permitted uses in the Neighborhood Commercial (NC) zone.
The Variance criteria may be found in the Ames Municipal Code Section 29.1504(4) and
are described as follows:
(a) The granting of the variance shall not be contrary to the public interest.
(b) That without granting of the variance, and due to special conditions, a literal
enforcement of the ordinance will result in unnecessary hardship. Unnecessary
hardship exists when:
(i) The land in question cannot yield a reasonable return if used only for a
purpose allowed in the zone.
(ii) The plight of the owners is due to unique circumstances and not to the
general conditions in the neighborhood
(iii) The use to be authorized by the variance will not alter the essential
character of the locality.
(c) The spirit of the ordinance shall be observed even when the variance is granted.
(d) Substantial justice shall be done as a result of granting the variance.
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APPLICANT'S STATEMENT IN SUPPORT OF THE VARIANCES
The applicant's complete application and supporting information accompany this report.
These materials are the applicant's answers to each of the variance criteria. Photos
have been provided of the site and the surrounding area, as well as photos of the
landscaping of other commercial sites in the community for the purpose of comparing
the landscape screens on each of those sites with what the applicant is required to
provide on the site at 1515 Florida Avenue.
FINDINGS OF FACT & CONCLUSIONS:
Staff has determined that the original findings for approval of the use variance still apply
as the use itself and circumstances have not changed and that Criterion B is the most
relevant to the proposed amendment of conditions. The following findings of facts and
conclusions pertain to the changes proposed by the applicant to the conditions of
approval of the "Use Variance" in 2010:
(b) That without granting of the variance, and due to special conditions, a
literal enforcement of the ordinance will result in unnecessary hardship.
Unnecessary hardship exists when:
(iii) The use to be authorized by the variance will not alter the essential
character of the locality.
FINDINGS: The conditions for approval of the "Use Variance" were necessary
for the Zoning Board of Adjustment to conclude that this variance criteria was
met by the proposal to allow self-storage units as a use of the property at 1513
and 1515 Florida Avenue. Without the conditions for approval, the proposed self-
storage use would alter the essential character of the locality, according to the
ZBA decision to grant the variance as an industrial use in a neighborhood
commercial zoning district.
The applicant is requesting changes to two of the conditions of approval of the
original "Use Variance." All other conditions of approval, as determined by the
ZBA, are addressed by the approved Minor Site Development Plan (MSDP).
Changes to the conditions for approval of the variance, as requested by the
applicant are to allow the planting of Arborvitae seedlings instead of the
coniferous trees along the south property line that are to form an unbroken
screen in five years, and coniferous shrubs that grow at least 6 feet in height and
width. The applicant proposed landscaping on the Minor Site Development Plan
(MSDP) for the site, which met the ZBA conditions of approval. The Landscape
Plan sheet of the MSDP shows trees that are required to be a minimum of 6 feet
in height at the time of planting. The seedlings the applicant has planted are
approximately 6 inches in height.
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CONCLUSIONS: The applicant's request to plant Arborvitae seedlings, instead
of the coniferous plants required by the approved Use Variance and required by
the approved Minor Site Development Plan fails to meet the Board's intent of not
altering the essential character of the locality by requiring the landscaping as one
of the conditions necessary to allow an industrial use in a neighborhood
commercial zoning district.
Other multiple family, commercial and industrial sites throughout the community
are required to meet minimum landscape standards. Such developments are
required to have shrubs of sufficient size and number to meet the required
landscape standards within 3 years of planting. Coniferous trees, at the time of
planting, must be fully branched and have a minimum height of 3 feet.
The area is a mix of character with residential and older commercial/industrial
uses. The proposed use is an industrial use and should include appropriate
transitions to soften its effect on character of the area. The most sensitive
vantage points are the residential uses to the west and south, the railroad and
County building are less aesthetically sensitive.
ALTERNATIVES:
1. The Zoning Board of Adjustment may approve this request for an amendment of
the Conditions of Approval, as proposed by the applicant, to the "Use Variance"
granted, on March 10, 2010, to allow self-storage facilities as a use of the
property located at 1515 Florida Avenue, if it makes findings that the variance
standards of 29.1504(4) have been met.
2. The Zoning Board of Adjustment may deny this request for an amendment of the
Conditions of Approval to the "Use Variance" granted, on March 10, 2010, to
allow self-storage facilities as a use of the property located at 1515 Florida
Avenue, if it makes findings that the variance standards of 29.1504(4) have not
been met for the requested changes to the Conditions of Approval of the "Use
Variance."
3. The Zoning Board of may approve a modification of the request for an
amendment of the Conditions of Approval to the "Use Variance" granted, on
March 10, 2010, to allow self-storage facilities as a use of the property located at
1515 Florida Avenue, if it makes findings that the variance standards of
291504(4) have been met.
4. The Zoning Board of Adjustment may table this request for amendment of the
Conditions of Approval of the Use Variance, and request additional information
from City staff or the applicant.
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DEPARTMENT RECOMMENDATION:
The Zoning Board of Adjustment must consider requests for changes to the Conditions
of Approval for Use Variances based on the standards of the Ames Municipal Code for
variances. From the Findings of Fact and Conclusions above, it can be concluded that
the requested changes to the Conditions of Approval for the Use Variance granted for
the property at1515 Florida Avenue do not meet the criteria for a variance required by
Ames Municipal Code Section 29.1504(4)(b)(iii). Therefore, it is the Department's
recommendation that the Board should act in accordance with Alternative #2,
which is to deny this request for an amendment of the Conditions of Approval to
the "Use Variance" granted, on March 10, 2010, to allow self-storage facilities as a
use of the property located at 1515 Florida Avenue, if it makes findings that the
variance standards of 29.1504(4) have not been met for the requested changes to
the Conditions of Approval of the "Use Variance."
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Attachment A
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Attachment B
Decision & Order
9 L [E
CITY OF AMES,IONVA "1 14 2010
ZONING BOARD OF ADJ Us,rME 'T CITY CORK
Ctry Or AWS,10VIA
IN THE MATTER OF 11IF APPLICA-
TION OF ANIES NVFSTSIDE STORAGE, CASE NO,I)_-02
LLC,FOR A USE VARIANCE,8FL71ON GEOCODE NO.
29.801(2)OF T]IE ANTES MUNICIPAL
CODE,TO ALLOW CONSTRUCTION OF
A SELF-STORAGE FACILITY ON PROP-
ERTY LOCATED AT 1513 AND 1515 DECISION&ORDER
FLORIDA AVE"I'VE
FACT$.
The property at this address is a 25.000 square foot pircel of vacant land located in the far northwest area
o t. C'the ity ofAnies. Altbouttil,it is presently,,zaed NC(N6ghboihord Commercial),this area used to be
a separate community called Ontario,which gives insight into why the properties in thosurTounding area are
occupied by a diverse and eclectic assotiment of businesses that do not u=ssarily fit well in it single use
category,The diverse uses found in this area include D[mgc foriner grain elevator that now houses an auto
repair bulatic.ss,a county maintenance facility,a painting company,a heating and cooling business,and
several multiple fondly residential warplexes.al;well-a,a number ofshirle family homes.Though this area
has been gm-a sc,,crall different 74iining designations over the years,when the riming ordinance underwent
its last major revision,this 4.nd several other iTiLxcd use arras were dc,,,ignsurd"Neighborhood
to best fit the diverse residential and Warted thcrc.Permitted rims in thc.Nclighborhood
("on"nervial Wrio include retail sales and services;macriainment,recreation,restaurants,and houschold
living,VOrear The Current Owner bough:this propCrty,it was Z(accri C11 JjjdU4'rrixj).but for all r7ftmS
anti purposes,it was ttr.cd as t}tr'tttiglrhorltcttxldump. The owner has l—lic i.,,derabitc time and money
cleaning up the site,and would now like,to ec,ci.p it by budding asclf-Nfonig,facility on the site Wcausc
rbal;vrapodzd use ix noE s perarat:zd lane tinder tht NC.:anmg designation,the owner is w:eking a uec variance
to allow this. A variance would not be Comlaiy to the public interest since the Land Use Policy Pita,
designates this area for comilicreial tic. lio."cl,WthQuttir(14Vjrullaig area has b"ll developed for
a long time,lack of transportation access and low visibility have made this parcel's development unlikely
for permitted cororra-mial uses sinec those generally rely on i,isibilit)from the street or ready a"c-;N to walk
in traffic.Nforcover,the distinctly industrial appearance of nearby uses make it unsuitable for residential
dcvOrifirrieru, Thus,without a use valiance,this land cannot yield a reasonable return.The historical
cirvunistances of this area are unique and have created the challenges that make any use difficult to integrate
with those exilrims them. Mvt1oparent offlic site with 4 self-storage facility will not alter are cuctitial
character of the area and in fact,with a landscaped and well desilmed facility,should improve the
neighborhood significantly.
Mia5m
Ilic Board ermsWer,the standards applicable to lroqutsts for variances from the piovisions of the zoning
ordinance as applied to the mdenceprrsclucii.'Clx hastt±rical laaekgrowxl of this area Jos creattt�a site slant
is unique and very difficult to develop with permitted uics in a way that will integrate with existing uscs,
Ifthe site cannot be developed with permitted uses,an unnecessary hardshipwill be created as the owner will
not be able w realize arry return from the property.The proposed use will fir well with the character of the
area,and it wmdd he in the public interest to have this site put to productive use,rather than sitting idle or
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Attachment B
Decision & Order
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collecting the waste fine the ncighborh ood.In view of these very tmiquc circumstances,the Hoard Finds the
application meets the standards for panting it a variance.
NVIIEREFORE,IT IS ORDERED that the applicant is panted a Variance to the Permitted Uses in an NC
(Neighborhood Contmeroial)zoning district.Se Lion 24.801(2)of the Ames Municipal('ode,to allmv
construction and use for a sett-storage facility,with the following conditions:
1. 'I itat screcring and buffering be placed on the south and wcsl property lines,as folluws:
a. open security fencing that is also ornamental and of metal materials;
b. along the entire south property line coniferous tress that grow at leas 2t)feet
in height,spaced was to fonn an unbroken screen within tivcyoara;
c. Plantings along the entire west pmpcity lines as follows:
coniferous shrubs that grins at Icast sic feet in height and width,plariui at least six feet
on ccntcr,
• Inoupi:rgs ofnot Ices tlutzi three deciduous,ovcrstory treca 25 feet apart with no tmxc
than 75 feet between each group(bctween trunks)
d Plantings in(b)and(c)metre in planting beds au,fnllowv:
• "red inside the fence
wide enough to contain all of dtesc elcenents,but no less than 6 feet
• weed fabric and mulch to reduce weeds and othar voluntt=growth
six-inch high curb to protect plants from vclaclea and contain mulch
2. TIM applicant instal`:a temporary irrigation system for the first three years to establish the
plantings;
1 Tint applicant install lighting that meets the outdoor lighting standards of the city,regardless
of the fixture lumens;
4. flint brick is used as the prior y exterior material on fire residentiaVofflze building;
S. At least two columns at the entrance into the facility•.ith brick matching-the brick on thr
resideuti&offiu build oyt be built;and
0. "Iltat applicant install front yard landscaping for the residontiul?<zf€ice building,all far the
propertylocated at 1513 and 1515 Florida Avenue.
Any person desiring to app[s l this decision to a court ofte ord tray do so within 30 days atler the filing of
this decision.
Dune this Ipth day of March,20 h0.
13rrily B n Thomas Weber
a re to the G3oard Acting chair
i
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