HomeMy WebLinkAboutA6 ITEM #:
DATE: 06-24-15
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: June 15, 2015
CASE FILE NO.: ZBA-15-07
REQUEST: A Special Use Permit to allow a church in an existing building at
405 Northwestern Avenue in the Highway-Oriented Commercial
Zoning District
PROPERTY Ron McMillen, Cambridge
OWNER:
LOCATION: 405 Northwestern Avenue
ZONING: Highway-Oriented Commercial (HOC)
BACKGROUND AND PROJECT DESCRIPTION:
House of Refuge is operating out of 405 Northwestern Avenue, a building on the same
lot as Wheatsfield grocery store. The operation of the church started two years ago but
City staff was made aware of it during the recent review of a minor site development
plan for Wheatsfield. No Special Use Permit was ever approved for the church, which
now seeks to correct that oversight.
The site is on the south side of Northwestern Avenue, near the US 65 (Grand Avenue)
overpass where Northwestern Avenue transitions into Main Street. The Union Pacific
railroad tracks lie to the rear. There are several buildings on the lot, including
Wheatsfield. (A location map is included in Attachment A.)
Wheatsfield is planning an expansion of the existing parking lot and use of their current
building. To accommodate that, the two houses to the west on 5th Street are being
removed and those lots are being consolidated with the existing lot. The improvements
also include the removal of a small portion of the existing large building to allow
improved traffic flow from the front to the rear of the lot, mostly to better accommodate
truck traffic. The consolidation of the lots is on the City Counci► agenda for June 23.
Approval of the site plan will likely occur later that week. (The proposed site plan is
included in Attachment B.)
The Wheatsfield improvements have minimal affect on the church building subject to
this Special Use Permit request. This proposed Special Use Permit is being
approved independently of the plat of survey and minor site development plan.
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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), (c), 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.)
(c) Commercial Zone Standards. The Zoning Board of Adjustment shall
review each application for the purpose of determining that each proposed use in
a commercial 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,
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 House
of Refuge meets the requirements for a Special Use Permit.
FINDINGS OF FACT & CONCLUSIONS:
Based upon the submitted site plan 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: Goals 1 and 2 of the Land Use Policy Plan (LUPP) recognize
that population growth is likely and establish the need to assure areas for growth
through the LUPP.
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.
Goal 4 seeks to promote "integrated and compact living/activity areas."
Conclusions: The church helps to fulfill the LUPP policies of providing the range
of land uses to meet projected growth. The demand for additional or enlarged
religious institutions is inevitable with a growing population. . Churches are a
special use permit in many zoning districts across the City and are reviewed for
their individual merits based upon a proposed location. The location, on the
periphery of both a residential neighborhood and commercial center, creates a
connective use between those other uses. It can be concluded that the
development 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: The church is located within an existing building which lies
within a small complex of formerly industrial buildings. These buildings are
transitioning to uses that are less intense. The former warehouse is proposing no
exterior improvements at this time. It remains compatible with the other
structures on the lot.
Conclusions: Its current building is industrial in design. Since the church's scale
of operation is modest and the current building has existed for decades, the
essential character of the neighborhood will not change. While there are no
design standards for this district, the owner or church may wish to seek fagade
improvements in the future. However, it can be concluded that the
development meets General Standard (ii) for a Special Use Permit.
(iii) Not be hazardous or disturbing to existing or future uses in the same
general vicinity.
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Findings of Fact: The primary existing uses in the general vicinity are commercial
office or retail. The use to the south is a railroad tracks with heavier commercial
uses beyond that. The church will have standard service hours and will likely
draw parishioners from the entire community. However, church uses in general
are not considered hazardous or disturbing to neighbors.
Conclusions: The use of the church, as proposed, 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 directly served by a collector street (Northwestern
Avenue/Main Street) and indirectly by arterial streets (Grand Avenue and Lincoln
Way). All City services are available to the site. This infill use of a formerly vacant
structure requires no new public services.
Conclusions: This property is adequately served by essential public facilities and
services. It can be concluded that the development 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: The church will not require additional infrastructure in the future.
Neither is additional fire or police resources anticipated to serve this use.
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 church will not produce glare, noise,
smoke, or odors that would be likely to affect nearby residents. Residents are
located further down the block and with Wheatsfield between this site and them
Conclusions: It can be concluded that the development meets General
Standard (vi) for a Special Use Permit.
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(vii) Be consistent with the intent and purpose of the Zone in which it is
proposed to locate such use.
Findings of Fact: A church is allowed by Special Use Permit ion the HOC zoning
district provided there are no impacts that cannot be readily ameliorated. HOC
allows for wide range of uses and activities, including the purpose of allowing for
high intensity development that includes high volumes of traffic, noise, and
extended hours of operation.
Conclusions: The City Council, through the zoning ordinance, has determined
that this use is consistent with the intent and purpose of the Highway-Oriented
Commercial zoning district upon site specific review. A church can be found to be
compatible in how it operates with the surrounding commercials businesses. 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 the
property planned to occur in area.
Findings of Fact: Religious institutions have traditionally been in the downtown
area of Ames. Many have moved to the periphery of town but the desire exists
for such uses near the core of the community.
Conclusions: Traditionally, churches, retail, and offices have co-existed near
each other with little impacts, provided each is at the appropriate scale. The size
of the proposed church (126 seats requiring 32 parking spaces) and the
proposed hours of operation (Sunday morning and Monday and Tuesday
evening) are not anticipated to have a disturbing impact on existing or future
uses. It can be concluded that the development meets Commercial Zone
Standard (i) for a Special Use Permit.
(i i) 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: The building in which the church is located was formerly
warehouse space. The opportunity lost by having a more intense commercial use
is minimal as this site is transition area to downtown. The church provides a
benefit for some segment of the population greater than the buildings previous
use as a warehouse.
Conclusions: The use has not displaced a commercial use, rather, it has
replaced a non-conforming industrial use. It can be concluded that the
development meets Commercial Zone Standard (ii) for a Special Use
Permit.
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(iii) Be consistent with all other applicable standards in the zone.
Findings of Fact: The Ames Development Review Committee has reviewed the
proposed site plan and determined it to be in compliance with applicable General
Development standards, the standards of the HOC zoning district, and other city
standards.
Conclusions: The site is essentially existing conditions and is allowed to be
reused for a new consistent with the terms of the zoning ordinance. No site
changes are proposed to allow for the use or are needed to serve the use
adequately. It can be concluded that the development meets Commercial
Zone Standard (viii) for a Special Use Permit.
ALTERNATIVES:
1. The Zoning Board of Adjustment can approve this request for a Special Use
Permit to allow the occupancy of a church within an existing building in the HOC
Zoning District at 405 Northwestern Avenue by adopting the findings and
conclusions noted above.
2. The Zoning Board of Adjustment can approve this request for a Special Use
Permit to allow the occupancy of a church within an existing building in the HOC
Zoning District at 405 Northwestern Avenue by adopting the findings and
conclusions noted above and with other conditions in addition to or in lieu of
those noted above.
3. The Zoning Board of Adjustment can deny this request for a Special Use Permit
to allow the occupancy of a church within an existing building in the HOC Zoning
District at 405 Northwestern Avenue 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:
Staff concludes that the House of Refuge at 405 Northwestern Avenue 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.
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Attachment A: Location Map
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Attachment B: Site Plan
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