HomeMy WebLinkAboutA8 CITY OF AMES, IOWA SEP ? .1 ?015
ZONING BOARD OF ADJUSTMEN
CITY CLERK
CITY OF AMES, A
IN THE MATTER OF THE
APPLICATION OF RONALD J. CASE NO. 15-07
McMILLEN FOR A SPECIAL USE
PERMIT, § 29.1503(4)(a), (b) and (c), GEOCODE NO. 09-03-478-070
AMES MUNICIPAL CODE, TO
OPERATE A CHURCH ON THE DECISION & ORDER
PROPERTY LOCATED AT
405 NORTHWESTERN AVENUE
FACTS
The property is located at 405 Northwestern Avenue, and the zoning for the area is Highway-
Oriented Commercial (HOC). The property owner, Ronald McMillen, is applying for a Special
Use Permit for the operation of a church. The church is named "House of Refuge" and has been
operating at the location for approximately two years without a Special Use Permit, but the
owner now seeks to correct the 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 are nearby. There are several buildings on the lot,
including Wheatsfield Cooperative grocery store. The House of Refuge shares a parking lot with
Wheatsfield, which currently has 32 parking spaces. Wheatsfield is in the process of expanding
the parking lot.
During the two years the church has been in operation at this site, there have been no complaints
about parking or other issues. There are 60-70 regular attendees. Services are held at times that
do not seem to interfere with busy times at Wheatsfield. The church can hold 125 people, and
the church plans to seek a new location if the church grows larger than that number, according to
Bishop Orlando McLaim,the minister at the church.
The evidence indicated that granting the application will not change the essential character of the
area, will not be hazardous or disturbing or detrimental to existing property owners or future
uses, and that the use will be adequately served by essential public facilities and services and will
not create excessive additional requirements for public services or facilities.
Surrounding property owners were notified of the application and a Notice of Public Hearing
was posted at the property and in the newspaper. No complaints were received, although there
were some questions and concerns from the public about whether the church would be offering
social services, such as a soup kitchen or housing the homeless. Churches have been allowed in
commercial zoning districts. Staff believes the application meets the criteria for a Special Use
Permit in a commercial zone, and is consistent with the Land Use Policy Plan. However, staff
recommends a condition that no social services, such as homeless shelters or soup kitchens, be
allowed unless the applicant files an amended or new Special Use Permit allowing such. The
representative of the property owner and Bishop McLaim both testified that they were not
opposed to such a condition.
DECISION
The Board considers the standards applicable to Special Use Permits from the provisions of the
zoning ordinance. Having heard the evidence presented about this proposed facility, the Board
finds that it meets the general standards for a Special Use Permit in Ames Municipal Code
section 29.1503(4)(a-b) and the commercial standards in section 29.1503(4)(c). In light of the
evidence presented and the findings in the staff report, the Board determines that granting the
permit is appropriate, with a condition, as authorized by section 29.1503(4)(e), that social
services, such as a soup kitchen or a homeless shelter, shall not be allowed unless a new or
amended Special Use Permit is granted.
ORDER
WHEREFORE, IT IS ORDERED that the applicant is GRANTED a Special Use Permit,
section 29.1503(4)(a-c) of the Ames Municipal Code, to operate a church on the property located
at 405 Northwestern Avenue. The Special Use Permit is subject to the condition that social
services, such as a soup kitchen or homeless shelter, shall not be allowed on the premises unless
a new or amended Special Use Permit is granted.
Any person desiring to appeal this decision to a court of record may do so within 30 days after
the filing of this decision.
Done this 24`" day of June, 2015.
�Wm
Erin Cain e y E 1
Secretary to the Board Chai