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ITEM #:
DATE: 05-13-15
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: May 8, 2015
CASE FILE NO.: ZBA 15-08
REQUEST: To approve a Special Use Permit to allow a Change in Nonconforming
Use in a Residential Zone.
PROPERTY OWNER: Mary Kay's Flowers & Gifts, Inc.
CONTACT: Melanie Cornwell, Mary Kay's Flowers & Gifts, Inc.
LOCATION: 3134 Northwood Drive
ZONING: Residential High Density (RH)
BACKGROUND AND PROJECT DESCRIPTION:
Project Description. The property at 3134 Northwood Drive includes a floral-gift shop
(Mary Kay's Flowers & Gifts), and a single-family home (occupied by the owners of the
business), with an attached two-car garage (see Attachment A: Location Map). The
property is zoned Residential High Density (RH). The site is non-conforming in use with
a standalone commercial use in a RH zoning district.
The applicant, Melanie Cornwell, is requesting a Special Use Permit to "Change to
Another Nonconforming Use in a Residential Zone." Granting of the request, through
approval of the Special Use Permit, would allow a portion of the floor area of the
existing floral-gift shop to be occupied by a small coffee shop. The coffee shop would
include the sale of coffee products, baked goods, soups and sandwiches. The applicant
states that cooking would not include any smokers, grills, fryers, or any other air
permeating cooking methods. The floral-gift shop business would continue to operate in
the remainder of the existing interior space. The existing single-family dwelling would
remain unchanged. The applicant has submitted a aerial photo of the site, showing
existing structures, parking areas and dimensions, a proposed three foot extension of
the parking surface, location for a proposed handicap-accessible parking space, as well
as locations for a bike rack and outdoor seasonal seating for customers of the proposed
coffee shop (see Attachment C: Applicant's Aerial with Dimensions).
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The existing floral-gift shop includes approximately 2,430 gross square feet of floor
area. The applicant has provided a floor plan that includes both the floral-gift shop and
the coffee shop, of which approximately 750 gross square feet of floor area is used by
the coffee shop, with the remainder of the floor area for the floral-gift shop. In the
application materials, the applicant proposes that the coffee shop could eventually
occupy as many as 1,000 square feet of floor area (see Attachment D: Proposed Floor
Plan of Floral-Gift Shop and Coffee Shop). Indoor seating proposed for the coffee shop
would range from twenty to twenty-six seats. An outdoor seasonal seating area,
measuring twenty-five feet by five feet, paved with concrete, is proposed along the west
building wall parallel to Grand Avenue. Enclosure of the outdoor seating area with a low
picket fence is proposed to separate the area from the parking lot and adjacent street
traffic.
The applicant proposes to use the existing ground-mounted sign frame. A new sign face
would be inserted to advertise the combination of the floral-gift and coffee shop
businesses.
An "Adjoining Property Owner Statement" is included with the completed application,
and has been signed by residents that live along Northwood Drive, and Grove Avenue,
near the subject property. These residents are stating that they have no objections to
the issuance of a permit for the purpose of allowing non-alcoholic beverages and light
food being served between the hours of 7.00 am and 5:30 pm, at Mary Kay's Flowers
and Gifts. The statement is not an official application requirement to grant a Special
Use Permit; however, it is an indication of support from persons who live near the
business.
Site Development & Zoning History. Mary Kay's Flowers & Gifts is an established
retail floral business that has been in operation for the past 41 years. Prior to the
establishment of Mary Kay's, the property was occupied by a greenhouse and flower
shop, first constructed outside the Ames corporate limits (Story County) in 1954. The
single family residence on the property was constructed in 1956. The land was later
annexed into the city in 1962. A 1963 City of Ames Zoning Map shows the land was
zoned as "B" (Multiple Residence) District. In 1970, the owner applied for a building
permit to reconstruct the existing greenhouse facilities. The permit for construction was
initially denied, since it was a nonconforming use in the "R-Y (Multiple Family Dwelling).
The property owner later appealed the Building Official's decision to the Zoning
Adjustment Board, and was granted relief to allow reconstruction of the greenhouse
facilities in the form that exists currently.
Zoning History
Year Zoning
1954 Story County Zoning
(Designation Unknown)
1963 to 1969 "B" (Multiple Residence) District
1969 to 1980 "R-Y (Multiple Family Dwelling)
1980 to 2000 "R-Y (Medium Density Residential)
2000 to Present "RH" (Residential High Density)
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Parking (Existing & Proposed). The site includes an existing asphalt parking lot,
which currently provides enough area to accommodate fourteen parking spaces, nine
parallel to the west property line along Grand Avenue, and five additional spaces
parallel to Northwood Drive. A minimum of eight parking spaces are required for the
floral-gift shop. The parking spaces are not presently striped (the applicant proposes to
stripe the parking spaces as part of their proposal), and no parking space exists for
handicap-accessible parking. The two-car garage and parking area on the driveway in
front of the garage meets the current minimum standard of two parking spaces for a
single-family dwelling. A landscaped yard area, measuring approximately seventy-five
feet by thirty-eight feet separates the single-family home from the main parking lot for
the business.
Number of Parking Spaces
Floral- Coffee Shop j Single Total No. of Min. No. of
Gift Shop Family Parking Req'd Pkg.
Residence Spaces Spaces
Provided
Existing 0 4 14
14 I II
(This is the only (This use (Including (No Handicap- for the
existing does not 1 2 in the Accessible Business
business presently Garage) Parking Spaces)
on site.) exist.) **2 for the
Residence
Proposed 5 9 4 14 ***14
(Including *(Includes One for the
2 in the Van-Accessible Businesses
Garage) Parking Space)
i **2 for the
Residence
* A Van-Accessible parking space will require the addition of six more feet of asphalt to
the width of the parking lot to accommodate the accessible space and passenger
access aisle. A minimum of one van-accessible parking space would be required if this
were a new development.
**The minimum number of required parking spaces for the floral-gift shop is based on
the parking standard for "Retail Sales and Services-General" of Table 29.406(2)
Minimum Off-Street Parking Requirements, which requires one (1) parking space for
every three hundred (300) gross square feet of floor area. Given the 2,430 gross
square feet of floor area in the building, eight (8) parking spaces are required if the
building is occupied exclusively by the floral-gift shop.
The minimum number of required parking spaces for the proposed coffee shop is based
on the parking standard for "Sit-Down Restaurant" of Table 29.406(2), which requires
nine (9) parking spaces for every one thousand (1,000) gross square feet of floor area.
The proposed coffee shop is planned to occupy up to as much as 1,000 square feet.
This would require nine (9) parking spaces. The remaining 1,430 parking spaces would
require five (5) parking spaces, based on the parking standard of one (1) parking space
for every three hundred (300) gross square feet of floor area. This results in a total of
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proposes an expansion of the width of the parking lot by extending the paving an
additional three feet to the south. This would increase the nonconformity of the
parking area, since the paving extension would limit the width of the strip of
perimeter parking lot landscaping to less than five feet, which is the minimum
required by the Zoning Code for the "L2" (Low Screen) landscaping standards.
To address the need to widen the parking surface, extension of the paving to the
north, instead of the south, would be consistent with Zoning Code standards.
Conclusions: The new sign face and addition of an outdoor seating area are not
considered to be structural alterations. No structural alterations are proposed to
the building used for the existing floral-gift shop business to accommodate the
addition of a second business. Remodeling will be limited to the interior of the
building, only. The parking expansion conforms to location requirements of the
Zoning Code. Therefore, it can be concluded that the proposed use meets
the Nonconforming Use Standard (ii) for a Special Use Permit.
The proposed use will have no greater impact on the surrounding area than
the existing nonconforming use.
Findings of Fact: Physical changes to the site, that are part of the proposal to add
the coffee shop business, include the addition of a concrete outdoor seasonal
seating area (approximately 25 feet by 5 feet); an increase in the width of the
parking lot to accommodate a handicap accessible parking space with passenger
access aisle; striping of parking spaces on the existing asphalt surface; and, the
addition of a bike rack located near the building entrance. No additional exterior
changes involving lighting, noise, odors from food preparation, or expansion of
the building are proposed. The hours of operation are planned to increase, by
opening for business at 7.00 am, instead of 8.00 am on Monday through Friday
mornings. Saturday hours of operation would remain as 9.00 am to 3:00 pm.
The business would not be open on Sundays.
Conclusions: The applicant anticipates an increase of business activity with the
addition of the coffee shop, not exceeding the current holiday volume. The
applicant materials state that the easy access to the site from Grand Avenue
provides over 90% of their customer, delivery, and vendor access, without
entering the residential section of Northwood Drive, or Grove Avenue. The
applicant also states that the largest vehicles that regularly deliver to the site are
UPS and Fed Ex trucks. No semi trucks are used by the current, nor proposed
vendors. The applicant asserts that the residential look will continue to set a
family neighborhood appearance.
To mitigate the impact of the increased traffic, hours of operation, and outdoor
seating area, it is necessary to direct vendors and all companies delivering to the
site that Grand Avenue is to be used for access, instead of westbound access
from Northwood Drive through the adjacent single family residential
neighborhood. Enclosure of the outdoor seating area is necessary to provide a
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degree of separation and protection from vehicular traffic, and to minimize the
impact upon adjacent properties and motorists. Maintenance of the residential
scale and appearance of the existing structures on site is essential for the
commercial and single family residential uses to be compatible. Therefore, if
approval of the Special Use Permit is conditioned to address these
concerns, it can be concluded that the proposed use meets the
Nonconforming Use Standard (iii) for a Special Use Permit.
(iv) Adequate parking exists for the proposed use, based on parking standards
in the Ordinance.
Findings of Fact: There is presently paved parking area on site to accommodate
thirteen standard parking spaces for the existing and proposed commercial uses.
Five of the existing parking spaces do not conform to the minimum requirements
for an access aisle on the private property. Presently, use of the five parking
spaces requires that vehicles back out onto the public street (Northwood Drive),
instead of using a drive aisle, which would typically provide an additional parking
lot width of twenty four feet on the site. The applicant's proposal to change the
nonconforming use does not include any changes to this parking area that would
make it more nonconforming. Paved area exists to provide four parking spaces
for the single family residence that meet minimum zoning standards. To meet
minimum standards of off-street parking for new development, one van-
accessible handicap parking space is required. No parking spaces have been
delineated on the parking surface with striping, and no handicap-accessible
parking spaces exist on site.
Parking standards for the existing floral-gift shop use would require five parking
spaces. The proposed coffee shop would require a minimum of nine parking
spaces to meet the parking standard of 1 ,000 gross square feet of floor area.
The two uses combined would require fourteen parking spaces.
Conclusions: Since the applicant is not increasing the nonconformity of the five
existing parking spaces that function without an access aisle on site, staff is
counting the five parking spaces as part of the fourteen minimum number
required to meet parking standards for the two nonconforming uses. To
accommodate thirteen standard-sized parking spaces, and one van-accessible
handicap parking space on the site, it is necessary to increase the width of the
paved parking area by a minimum of six feet, with a paving extension on the
north end of the parking surface. This added paved surface area will serve as
part of the passenger access aisle for the handicap parking space. Installation of
this additional paved parking surface needs to be a condition of approval of the
Special Use Permit. Therefore, if approval of the Special Use Permit is
conditioned to address the need for additional paved parking surface, it
can be concluded that the proposed use meets the Nonconforming Use
Standard (iv) for a Special Use Permit.
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(v) The proposed use is compatible with surrounding land uses, based upon
the hours of operation and the ability to mitigate noise and light impacts by
incorporating buffering between the proposed use and surrounding land
uses where necessary.
Findings of Fact: The hours of operation for the proposed use will increase by
one hour each day, Monday through Friday, by opening for business at 7:00 am,
instead of 8:00 am. Additional traffic noise between the hours of 7:00 and 8:00
am is possible with the expanded business hours, and additional noise is
possible at other times by delivery vehicles. No light impacts are anticipated as
the result of converting a portion of the floral-gift shop space for use as a coffee
shop.
Conclusions: To mitigate any noise impacts on the adjacent single family
residential neighborhood, it is necessary to direct vendors and all companies
delivering to the site that Grand Avenue is to be used for access, not westbound
access from Northwood Drive through the adjacent single family residential
neighborhood. Therefore, if approval of the Special Use Permit is
conditioned to address the impact by vendors and delivery vehicles, it can
be concluded that the proposed use meets the Nonconforming Use
Standard (v) for a Special Use Permit.
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 subject property is designated as "High-Density
Residential" on the Land Use Policy Plan (LUPP) Future Land Use Map. The
zoning is Residential High Density (RH). Properties that abut the east side of
Grand Avenue north and south of the site are also designated as "High-Density
Residential" on the LUPP Map. Properties in the single-family residential
neighborhood, directly to the east of the subject property, are designated on the
LUPP Map as "Low-Density Residential."
The LUPP identifies intent for commercial development to occur at varying scales
from neighborhood to regional with a focus on connecting commercial
development to its particular surroundings and needs of neighborhoods. There
are higher design expectations for commercial areas to present attractive and
compatible commercial environments.
Conclusions: The subject property has been occupied by a commercial use
since before it was annexed into the City in 1962. The proposed use alters the
use of the interior space, but will not affect use of the exterior space, other than
the creation of an outdoor seating area, and an increase in the number of
customers that visit the site. The outdoor seating area will be located as far
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away from single family residences, as possible, and will be screened with
fencing in combination with the west wall of the building to complete the
enclosure. Increased traffic, created by the new coffee shop business is
expected to access the site primarily from Grand Avenue, away from the
residential neighborhood. Provided the property is consistently maintained,
and traffic to the site primarily comes from Grand Avenue, it can be
concluded that the property meets General Standard (i) for a Special Use
Permit.
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: Physical changes to the site, that are part of the proposal to add
the coffee shop business, include the addition of a concrete outdoor seasonal
seating area (approximately 25 feet by 5 feet); an increase in the width of the
parking lot to accommodate a handicap accessible parking space with passenger
access aisle; striping of parking spaces on the existing asphalt surface; and, the
addition of a bike rack located near the building entrance. No additional exterior
changes involving lighting, noise, odors from food preparation, or expansion of
the building are proposed.
Conclusions: Enclosure of the outdoor seating area is necessary to provide a
degree of separation and protection from vehicular traffic, and to minimize the
impact upon adjacent properties and motorists. If the property owner
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 uses in the general vicinity are multiple-family
residential uses along the east side of Grand avenue and detached single-family
residences to the east along the low traffic volume streets. A convenience store
is located across Grand Avenue to the west. Access to the site is primarily from
Grand Avenue, where there is the greatest traffic volume. No noise, odor from
food preparation, or additional lights will result from the addition of the coffee
business to the interior floor area of the floral-gift shop.
Conclusions: The existing floral-gift shop, with the inclusion of an added coffee
shop, should not be disturbing or hazardous to existing and future uses in the
area. Therefore, it can be concluded that the property meets General
Standard (iii) for a Special Use Permit.
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(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 floral-gift shop use, all essential public services are
already provided for the site. The coffee shop use will not require any additional
public service than already required for the existing business. No trash dumpster
exists, nor is one proposed on the site.
Conclusions: This property is already served by essential public facilities and
services. Therefore, 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. Therefore, 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: The proposed use will not produce glare or odors that would be
detrimental to any person, property, or general welfare. Traffic will be generated
for the new use, with the majority of vehicles accessing the site from Grand
Avenue.
Conclusions: The proposed use will not create any additional traffic, noise,
smoke, fumes, glare, or odors from the site. The facility currently draws traffic for
the floral-gift shop from Grand Avenue, which is a major arterial street that runs
from the north to the south corporate limits of Ames, and extends to rural areas
and other communities outside Ames as Highway 69. This traffic pattern is
anticipated to continue for the proposed coffee shop business. Therefore, it can
be concluded that the property 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: The existing and proposed commercial uses for the site are not
permitted uses for the subject property, within the Residential High Density (RH)
zoning district.
Conclusions: Since the existing and proposed uses are "nonconforming," it is not
possible to meet the intent and purpose of the "RH" zone. However, the specific
criteria for granting a SUP to allow a change from one valid nonconforming use
to a different nonconforming use addresses compatibility of the proposed use
with surrounding land uses (see Section 29.307(2)(b)(v). Although a change in
the nonconforming use does not meet criteria for the base zone, since the use is
"nonconforming," it does meet the intent of the Zoning Ordinance. On this
basis, it can be concluded that the property meets the 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 to
and leaving from the site, may increase to a number not to exceed the current
holiday volume. The adjacent street, Grand Avenue, is a major highway, and a
major arterial street running north/south through the community. It is designed to
accommodate a very large volume of traffic, which will not be exceeded by the
addition of a coffee shop to the existing floral-gift shop business.
Conclusions: Traffic volumes accessing the subject property 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 coffee shop opens for
business. 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 travel pattern to the site has been established over the past
41+ years that the site has been the location of a floral business. Customers of
the proposed coffee shop business, as well as delivery or service vehicles, can
easily access the site from Grand Avenue, adjacent to the west property line of
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the site, by turning onto a short section of Northwood Drive outside the single
family residential neighborhood.
Conclusions: The applicant anticipates an increase of business activity with the
addition of the coffee shop, not exceeding the current holiday volume. The
applicant materials state that the easy access to the site from Grand Avenue
provides over 90% of their customer, delivery, and vendor access, without
entering the residential section of Northwood Drive, or Grove Avenue.
To mitigate the impact of the increased traffic, it is necessary to direct vendors
and all companies delivering to the site that Grand Avenue is to be used for
access, instead of westbound access from Northwood Drive through the adjacent
single family residential neighborhood. Therefore, if approval of the Special
Use Permit is conditioned to address this concern, it can be concluded that
the proposed use meets the Residential Zone Standard (ii) for a Special
Use Permit.
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.
Findings of Fact: The only trucks normally expected at the site are United Parcel
Service (UPS) and Federal Express (FedEx) delivery trucks, which would not
exceed a gross vehicle weight of 26,000 pounds. No semi trucks are used by the
current vendors, nor are any anticipated for new vendors of the proposed use.
Conclusions: Since vehicles serving the site fall within the maximum
allowed weight, 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 the proposed business will extend the
hours of operation by opening for business at 7:00 am, instead of 8:00 am,
Monday through Friday.
Conclusions: Since the hours of operation with the addition of the new
coffee shop business will be very similar to the hours of the existing floral-
gift shop, 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 the location of a retail commercial
use, so no loss of land for residential development will occur.
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Conclusions: Since there will be no loss of residential land, 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 height, or scale of buildings
on the site, as part of the request for a Special Use Permit. The site will remain
consistent with the existing building pattern of the neighborhood.
Conclusions: No change in the existing building will occur with the approval of the
proposed special use permit. Therefore, 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 have been in place since 1970, or before.
Conclusions: The setback of existing buildings on the subject property is not
changing, and is compatible with the adjacent residential development.
Therefore, 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: To change from one nonconforming use to another, the SUP
criteria in Section 29.307(2)(b), for such a change in uses, must be met. The fact
that this is introducing a second nonconforming use in part of the space that is
already occupied by another nonconforming use makes it difficult, if not
impossible, to comply with all other standards of the "RH" zone.
Conclusions: To maximize the consistency of development of nonconforming
uses with permitted uses in the RH zone, it is important to comply with as many
of the development standards as possible. Other zoning standards of the RH
zone, which requires off-street parking and parking lot landscaping are applicable
for commercial development of the subject property. Therefore, conditions for
approval of the Special Use Permit are needed to assure that off-street parking
standards and parking lot landscaping requirements are met for the commercial
development of the subject property. Provided off-street parking standards
and parking lot landscaping are required as part of the approval of a
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Special Use Permit, 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 subject property.
ALTERNATIVES:
1 . The Zoning Board of Adjustment can approve this request for a Special Use
Permit to allow a Change in the Nonconforming Use in a Residential Zone, at
3134 Northwood Drive, with the following conditions:
A. The paved parking surface will be widened on the north end (not the south
end as proposed by the applicant), nearest the commercial building, by a
minimum of six (6) feet to accommodate the striping of eight (8) parking
spaces that are nine (9) feet wide and nineteen (19) feet in length, and one
van-accessible handicap parking space at eight (8) feet wide, with an eight (8)
foot wide passenger access aisle.
B. All fourteen parking spaces, on site shall be striped. This includes thirteen
(13) spaces that are nine (9) feet wide and nineteen (19) feet in length, and
one van-accessible handicap space with access aisle each at eight (8) feet
wide.
C. The van-accessible parking space and access aisle will be located on the far
north end of the parking lot, nearest the building. The passenger access aisle
shall be north of the van-accessible parking space.
D. Perimeter parking lot landscaping shall be installed along the west and south
edges of the paved parking surface with shrubs planted four (4) feet on-center
reaching a mature height of three (3) feet within three years, and two trees
spaced fifty (50) feet on-center. The trees shall be fully branched and have a
minimum diameter of 1-1/2 inches, measured six (6) inches above the
ground.
E. A fence, at a minimum height of four (4) feet, shall be installed on the north,
south and west boundaries of the outdoor seating area, west of the building.
The building wall on the east, and a gate, on the south, will serve to
completely enclose the outdoor seating area.
F. All vendors and delivery vehicles will be instructed by the business owner(s)
to use Grand Avenue as access to and from the property.
G. The parking lot striping, widening and landscaping, as well as installation of
the fence around the outdoor seating area, are to be completed prior to
opening of the coffee shop for business.
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2. The Zoning Board of Adjustment can deny this request for a Special Use Permit
to allow a Change in the Nonconforming Use in a Residential Zone, at 3134
Northwood Drive, by finding that the project does not meet the criteria of Section
29.1503(4) and/or Section 29.307(2)(b).
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 proposed Special Use Permit request to allow a Change in the
Nonconforming Use in a Residential Zone is consistent with the standards required for
granting of a Special Use Permit, provided the approval includes the conditions
described in Alternative #1 . 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: ZONING MAP
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ATTACHMENT C: APPLICANT'S AERIAL WITH DIMENSIONS
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ATTACHMENT D: PROPOSED FLOOR PLAN
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