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ITEM #:
DATE: 10-28-15
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: October 20, 2015
CASE FILE NO.: ZBA 15-17
REQUEST: A Special Use Permit to allow the construction of a new accessory
garage for Collegiate Methodist Church at 2622 Lincoln Way
PROPERTY Collegiate Methodist Church
OWNER:
LOCATION: 2622 Lincoln Way
(See Attachment A)
ZONING: Campustown Service Center (CSC)
BACKGROUND AND PROJECT DESCRIPTION:
The request is for approval of a Special Use Permit to construct a new accessory
garage building at 2622 Lincoln Way for the Collegiate Methodist Church. The church
was built in 1920 and has been expanded over the years with the last addition to the
main church building in 2006. The church ownership area contains multiple properties
and buildings including the main church property at 2622 Lincoln Way, the Church
Annex and Lighthouse buildings along Sheldon Avenue, a small house/daycare building
located west of the main church along Lincoln Way and multiple small parcels which are
either vacant open space or used for accessory parking. The church campus totals
approximately 4.9 acres with all of its properties.
A previous accessory garage was located in the church parking lot south of the
existing church building, but has been demolished in anticipation of the new, larger
garage building for use for maintenance services and equipment for the church
properties. Based on the design and proposed location of the garage, construction of
the garage as proposed would require approval of three variances; minimum height,
reduction in the required percentage of brick for exterior fagades, and reduction in the
minimum required FAR for the properties.
The project consists of a request to construct a 1,450 square foot accessory garage
structure located along the south property line of the Collegiate Methodist Church
building property in the Campustown Service Center Zone. (See the applicant submitted
site plan for location information). The church previously had an accessory garage
located in the same general location but has demolished the building in anticipation of
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the new larger garage to facility the storage and use of the maintenance equipment for
the church. Section 29.408(7)(c) of the Zoning Code requires that buildings or garages
accessory to Institutional uses shall be required to receive approval of the Special Use
Permit when such garage/accessory building is larger than 900 square feet in area.
Pending determination of the submitted variance requests, the applicant has submitted
a Special Use Permit for consideration tonight for the proposed garage.
The new proposed structure is a one-story, three bay garage proposed at 16'-6" in
height as measured from grade along the east side of the structure to the midpoint of
the sloped roof. The exterior of the garage will consist of Hardy Plank siding with
composite trim and fascia and Timberland shingles. The east and north elevations are
proposed with a brick wainscot on the lower 3 feet of the wall. The applicant is not
proposing brick on the south and west elevations. Per the regulations for the CSC
Zone, clay brick shall comprise more of the exterior wall surface of the building than any
other material, excluding the area for windows and doors. The applicant has submitted
a variance for this requirement.
The CSC zone also requires that the minimum height of structures be 25 feet as
measured from grade to the midpoint of the sloped roof. Although, the CSC zoning
allows for an exception rather than variance for reducing height, it was determined to
not be applicable in this case as it refers to a 2-story height requirement and the criteria
are related to a physical circumstance not conducive to a two-story building and that
there is public benefit from a one-story building. Therefore a variance has been
requested from the minimum height requirement of the CSC.
Access to the site will remain as previously approved with ingress and egress from both
Sheldon and Hayward Avenues as well as egress onto Lincoln Way just west of the
church building. The location of the proposed garage is shown to cross multiple lot lines.
No variance is requested for this due to the Churches interest in future consolidation of
all the properties under church ownership. A condition of the related Special Use Permit
should address the required consolidation for the location of the proposed structure.
Due to the need for consolidation of the lots, staff has reviewed the overall floor area
ratio (FAR) for the site to determine if the new overall lot would be compliant with the
minimum FAR after consolidation. In review, staff has determined the overall site would
have a FAR of approximately .57 which is already nonconforming from the 1.0 FAR
required by the code. A previous variance had been granted for the church building;
however, it did not include all the properties under consideration with this request. The
proposed garage area is adding to the FAR for the overall site, however, it is very
minimal in area compared to the 90,000+ square feet of floor area needed to be in
compliance with CSC zone. The applicant has requested a variance from the minimum
FAR for the garage.
Staff notes that three corresponding variance requests are also pending for the project.
Staff has recommended denial for some of the variance requests, but has approached
the Special Use Permit application independent of the variance recommendation. In
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the event that the Zoning Board of Adjustment denies the related variance(s), the
proposed Special Use Permit may not be approved as it will not comply with
zoning requirements.
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 29.809: Development Standards for the Campustown Service
Center Zone
Chapter 29, Section 29.408(7)(c): "When a special use permit is required for an
institutional use, garage and accessory buildings/structures shall be exempt from that
requirement, if the accessory structure dies not exceed 900 square feet. Garages and
accessory structures for an institutional use exceeding 900 square feet require approval
of a special use permit."
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:
(1) 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;
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(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 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.
(c) Commercial Zone Standards. Before a Special Use Permit application can be
approved, the following commercial zone standards must be satisfied for this
particular use on its proposed location:
(a) Be compatible with the potential commercial development and use of
property planned to occur in the area.
(b) Represent the sufficiently desirable need for the entire community that the
loss of commercial land is justifiable in relation to the benefit.
(c) 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 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.
(A)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 area of Campustown is located in the Downtown Service
Center designation of the LUPP. Goals 4 and 8 of the Land Use Policy Plan
(LUPP) recognize that Ames seeks to maintain a neighborhood character and
identity that can enhance living areas with services that are able to provide
amenities and daily living needs within readily accessible areas.
Conclusions: The proposed church helps to fulfill the LUPP policies of providing
the range of land uses to meet projected growth by providing for amenity spaces
and daily services in the campustown area. The demand for additional or
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enlarged religious institutions is inevitable with a growing population. The site
area of the church is larger than typical due to the needs of the church for
parking for onsite services. The addition of the garage is needed to continue the
use of the church to help support the use in the area. It can be concluded that
the development 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: The surrounding CSC neighborhood is comprised of a variety of
building/housing types, including multi-family apartments and multiple types of
commercial uses within the CSC zone. A church is an institutional use that the
LUPP and zoning code recognizes as compatible with many commercial and
residential uses when designed to meet the requirement of the zone in which it is
located and these requirements for a Special Use Permit.
While an accessory structure is not typical for commercial uses in the CSC zone
and is not specifically addressed in regulation for the CSC zone, it is fairly
common for institutional uses to maintain accessory structures for onsite service
needs. The location of the garage is situated to have limited visibility from any of
the surrounding properties and has been designed generally to mimic the design
features of the church so as to blend in with the surrounding buildings. While the
design does not meet all of the requirements of the CSC zone, pending approval
of the variances for the site, the garage cold be found to be compatible and
appropriate in appearance for the character of the area.
The access to the site is from three locations; ingress and egress from Sheldon
Avenue and Hayward Avenue and egress also onto Lincoln Way. No change in
the circulation or access to the site is proposed for the new garage than what
was existing for the previous garage structure.
Conclusions: Its design features give the proposed building residential scale and
appearance, which is compatible with the existing church and surrounding
buildings. Limited visibility to the structure allows it to blend in the zone where
accessory structures are not typical. Pending approval of the requested
variances for the design features of the building, it can be concluded that the
development 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 existing use in the general vicinity is commercial
uses such as retail and office. The university is located to the north, with Multi-
family residential to the west. The use to the south is the intermodal facility
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located across College Creek. The church will have standard service hours and
will likely draw parishioners from the entire community. However, church uses in
general are not considered a nuisance to neighbors.
The proposed accessory building will be used to house a church bus and existing
maintenance vehicles for the church as a replacement for the previous garage
structure. The proposal garage will be larger than the previous one; however, it
is not intended to cause any additional traffic than the previous maintenance
services for the church buildings.
Conclusions: Construction of the garage, as proposed, should not be disturbing
or hazardous to existing and future uses in the area as it is an allowed
institutional use and one that previously existed on the site, 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 an arterial street (Lincoln Way)
and indirectly by two other streets (Hayward and Sheldon). All City services are
available to the site.
Conclusions: This property is adequately served by essential public facilities and
services. City staff has reviewed the public service need and has found the
proposed Site Plan adequate for the proposed new building. 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 is an existing use on the site, and the proposed
accessory garage will be replacing a garage structure that was previously
demolished in anticipation of a new structure. No addition cost for public facilities
or services are need for the proposed new accessory garage.
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.
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Findings of Fact: As a maintenance use accessory to an institutional use, the
proposed new garage will not produce glare or odors. Noise associated wit the
church and garage will not exceed the existing typical sounds associated with
such uses. The maintenance services associated with the garage will be similar
to the existing structure but will allow for the larger area need to repair and
maintain the church vehicles within the structure.
Conclusions: The garage will not produce and additional traffic, noise, smoke,
fumes, glare, or odors that would detrimental to the surrounding areas. It can be
concluded that the development 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: A church is an institutional use that the LUPP and zoning code
recognizes as compatible with many commercial and residential uses when
designed to meet the requirement of the zone in which it is located and these
requirements for a Special Use Permit.
Conclusions: The City Council has determined that this use is consistent with the
intent and purpose of the Campustown Service Center. It can be concluded
that the development meets General Standard (vii) for a Special Use Permit.
(c) Commercial Zone Standards.
(a) Be compatible with the potential commercial development and use of
property planned to occur in the area.
Findings of Fact: The LUPP and zoning code recognizes religious institutions as
compatible with many commercial and residential uses. The church has been
located in this area for many years and provides a service to both the University
students and staff as well as to the surrounding residential neighborhoods.
Conclusions: The existing church has been deemed compatible for the
surrounding area since 1920 and the addition of a new garage will not been
incompatible with the existing use on the site or in the surrounding area. It can
be concluded that the development meets this standard for a Special Use
Permit.
(b) Represent the sufficiently desirable need for the entire community that the
loss of commercial land is justifiable in relation to the benefit.
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Findings of Fact: The proposed garage is being constructed on land already
under the ownership of the church and will not take any land away from
commercial development use.
Conclusions: No loss of commercial land is proposed. It can be concluded that
the development meets this standard for a Special Use Permit.
(c) Be consistent with all other applicable standards in the zone.
Findings of Fact: Three variances have been request for the church to meet the
minimum development and design standards of the CSC zone, including a
reduction in the minimum brick fapade requirement, reduction of the minimum
FAR requirement, and reduction in the minimum height requirement.
Conclusions: If the ZBA finds the standards have been met for approval of the
variances to the development standards of the CSC zone, it can be determined
that the proposed garage is consistent with the requirements of the zone. It can
be concluded that the development meets this standard for a Special Use
Permit.
Conclusion:
City staff has reviewed the information submitted by the applicant. In most respects,
staff concludes that the proposed accessory garage meets the intent and requirements
of the CSC Zone and the development standards of Article 4 have been met, except in
regard to the three variances requested the reduction in the minimum brick fapade
requirement, reduction of the minimum FAR requirement, and reduction in the minimum
height requirement.
The Board does not have the right to waive any of the standards of the zoning
regulations. In this instance, the site plan submitted for the accessory garage will
require the approval of the three submitted variations of the zoning code before the
special use permit could be issued.
If the Zoning Board has determined that the request for variances meets the minimum
standards, then the requested special use permit can be approved, however, if the
applications for the three variations was denied, the Zoning Board has the option to
either deny the application for Special Use Permit for the proposed accessory building
because the Site Plan does not meet the minimum requirements of the Zoning Code or,
the Zoning Board could continue to the application to some future meeting to allow the
applicant to revise the Site Plan to meet the minimum code standards before the
Special Use Permit is approved.
In the event that the Board denies an application for a Special Use Permit, a similar
application shall not be refiled for 12 months from the advertised public hearing date.
The Board, on petition by the applicant, may permit a refiling of this application after 6
months from the original hearing date when it determines that significant physical,
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economic or land use changes have taken place within the immediate vicinity, or a
significant zoning ordinance text change has been adopted, or when the reapplication is
for a different use than the original request. The applicant shall submit a detailed
statement setting out those changes that he or she deems significant or upon which he
or she relies for refiling the original application.
ALTERNATIVES:
1. The Zoning Board of Adjustment may approve the Special Use Permit for a new
accessory garage for the Collegiate Methodist Church at 2622 Lincoln Way
based on the submitted Site Plan and the findings of fact and conclusions stated
herein, as detailed on the submitted Site Plan documents subject to approval of
the required variances for minimum height, minimum FAR and reduction in the
exterior brick requirement, and conditioned upon approval of a Plat of Survey for
the consolidation of the church properties.
2. The Zoning Board of Adjustment may deny the Special Use Permit for a new
accessory garage for the Collegiate Methodist Church at 2622 Lincoln Way if the
Board finds and concludes:
a. that the proposed Special Use Permit is not consistent with adopted policies
and regulations, or
b. that the Special Use Permit will impose impacts that cannot be reasonably
mitigated, or,
c. that the proposed site plan does not meet the minimum standards of the
zoning code.
3. The Zoning Board of Adjustment may table this request to a future meeting of the
ZBA to allow the applicant to revise the site plan to meet all minimum standards
of the zoning code.
RECOMMENDED ACTION:
Staff concludes that the proposed garage accessory to the United Collegiate Methodist
Church is consistent with the general and specific commercial standards required for
granting a Special Use Permit if the ZBA finds that the applicant has met the standards
for approval of the three requested variances for minimum height, minimum FAR and
reduction in the exterior brick requirement. Consolidation of the lot will be required as a
condition of the approval of the Special Use Permit so that the proposed garage does
not cross the existing lot lines as shown on the Site Plan. 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.
If the ZBA has made a determination for denial of the variance Alternative #1 is
not acceptable for the Special Use Permit. In such instance the Special Use
Permit would either need to be denied as in Alternative #2 due to inconsistency
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with adopted regulations or tabled as in Alternative #3 for the Special Use Permit
to be revised to be consistent with all adopted policies and regulations.
SAPLAN_SHR\Council Boards Commissions\ZBA\Special Use Permits\2622 Lincoln Way_Collegiate Methodist Church-SUP-10-28-15.docx
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Attachment A
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2622 Lincoln Way
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