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HomeMy WebLinkAboutA9 ITEM #: 3 DATE: 04-13-16 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: April 13, 2016 CASE FILE NO.: ZBA 16-02 REQUEST: A Special Use Permit to allow construction of a restaurant at 926 South 16th Street. PROPERTY Shuyu Wang OWNER: LOCATION: 926 South 16th Street ZONING: Neighborhood Commercial (NC) BACKGROUND AND PROJECT DESCRIPTION: Shuyu Wang desires to construct and operate a 4,430 square foot restaurant at 926 South 16th in a Neighborhood Commercial zoning district (NC). The restaurant is proposed to be located on a 44,997 square foot lot situated amidst residentially zoned property on all sides ranging from low to high density. The subject parcel was created as part of the subdivision in the 1990s to create the mobile home park to the south. Section 29.801(3) of the Neighborhood Commercial zoning regulations require that any lot over 30,000 square feet and less than 100,000 square feet can exist and be utilized in the Neighborhood Commercial zoning district subject to a Special Use Permit being issued by the Zoning Board of Adjustment for use of the parcel. The proposed restaurant is 19 feet 6 inches high at the top of the parapet. This height falls within the standard of the Neighborhood Commercial zone. The main entrances to the facility sit on the south and north sides of the building with a sidewalk entry off of the South 16th street sidewalk. There is a canopy extending from the building proposed on both the north and south sides of the building. Patio space is located on the northwest and southeast sides of the building. The parking lot has two islands with lights in both parking islands. The lighting plan meets the standard set forth in section 29.411 of the Municipal Code. There are 25 parking stalls required for a facility this size. There are 32 stalls proposed on the plan. Additionally two ADA stalls as required are shown in the total proposed parking. L3 landscaping is required along the abutting south and west residential sides of the lot in the setback as required. The L3 landscape standard is a high level screen at a continuous 6 foot height with trees located every 50 lineal feet. The L2 landscape standard is required along 16th street west of the building. The L2 standard is a low continuous screen with trees required every 50 lineal feet. The L1 standard screen is required along Creekside Drive which is a mixture of low shrubs with a tree every 50 lineal feet. The L1 standard is designed for areas 10 feet in width or greater. The parking area proposed is on the southern portion of the lot. The detention area proposed is located on the southwestern portion of the lot. There are two access points onto the property. One to the west located along 16th street and the other along Creekside drive to the east. 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 (c) 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.) (b) 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 restaurant meets the requirements for a Special Use Permit. FINDINGS OF FACT & CONCLUSIONS: Based upon the submitted site plan provided in the application, the following findings of fact and conclusions may be made regarding the standards of approval. 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 current LUPP supports Neighborhood Commercial activity at this location as the current residential LUPP designation allows for small limited scale commercial uses in otherwise predominately residential areas. Conclusions: The proposed use and layout of the site is consistent with the goals of a small commercial facilities integrating into surrounding residential areas. It can be concluded that the use 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 proposed building would occupy at most 10% of the total site area. The vast majority of the site would consist of open space and parking area. The building would sit on the side of the lot nearest to South 16th Street, away from the surrounding residential areas with the parking situated along the south property nearest to the mobile homes. The current surrounding area is a mix of apartment buildings, mobile homes and a research facility in addition to being located on an arterial street. Conclusions: While the addition of the restaurant to the existing neighborhood adds a commercial component on a larger than permitted Neighborhood Commercial lot, the presence of the structure and use does not create conditions which cause a conflict with the surrounding neighborhood or alter the intended character of the surrounding neighborhood due to its scale and location on the property. Therefore, it can be concluded that the use 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. Findings of Fact: The neighborhood is a mixture of mobile homes, apartments and a private school facility as well as a University operated research center nearby. In addition Highway 30 lies just to the south of the mobile homes that are located on the west, south and east sides of the restaurant. Conclusions: The operation of a restaurant would not be disturbing or hazardous to existing and future uses in the area. The western side of the site is within the floodplain for the adjacent creek. The project design conforms to the floodway and floodway fringe standards of the Chapter 9 of the Ames Municipal Code. It can be concluded that the use 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 (16th Street). All City services are available to the site. Additionally, appropriate stormwater measures are proposed as well as access in and out of the site. Conclusions: All public facilities are available to serve the site. It can be concluded that the use 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 proposed restaurant will not require additional infrastructure in the future. Neither is additional fire or police resources anticipated to serve this use. Any additional traffic would be moderate in relation to the total daily traffic flow along South 16th Street. Conclusions: This use will not create additional requirements at public cost. It can be concluded that the use 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: Restaurants traditionally are not accompanied by excessive smoke, fumes, glare, or odors. While a restaurant can produce a cooked food odor generally such odors are not foul nor travel great distances or produce harmful side effects. The proposed facility is modest in size and there are no abnormally large signs nor is there any unordinary bright lighting proposed. Conclusions: The proposed restaurant will not produce excessive smoke, fumes, glare or odors and will operate in a manner typical of commercial restaurants. It can be concluded that the use 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: The proposed restaurant is an allowed use in the Neighborhood Commercial zoning district. The zone intends for a wide range of commercial uses, but of a smaller scale than other commercial zones across the city. Conclusions: The City Council, through the zoning ordinance, has determined that this type of use is consistent with the intent and purpose of the Neighborhood Commercial zoning district and upon specific review the layout and operations can be found to be meet the purpose and intent of allowing for small commercial uses that are compatible with the residential surroundings. It can be concluded that the use meets General Standard (vii) for a Special Use Permit. Commercial Zone Standards. (i) Be compatible with the potential commercial development and use of property planned to occur in the area. Findings of Fact: The proposed restaurant fits the criteria of what could be expected in a neighborhood commercial zone district and also fits the anticipated use along an arterial street. Property usage in the area is a mix of varying intensities. The land in the area is already developed and there is not expected change for future use. Conclusions: The proposed use is not incompatible with the planned use of the property in the general area. It can be concluded that the use meets Commercial Zone Standard (i) for a Special Use Permit. (ii) 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 addition of a restaurant at this location provides an appropriate use and further strengthens the Ames community's tax base and employment opportunities. Additionally, the development of this parcel provides a local commercial service for nearby residences that otherwise sit at a larger distance from other similar commercial services in the area. Conclusions: The proposed development does not result in the loss of commercial land as it is proposed to be used by a commercial use. It can be concluded that the use meets Commercial Zone Standard (vi) for a Special Use Permit. (iii) Be consistent with all other applicable standards in the zone. Findings of Fact: The proposed use and design of the restaurant complies with all neighborhood commercial zoning district regulations including setbacks, site design requirements, use regulations and flood plain laws. Conclusions: It can be concluded that the use meets Commercial Zone Standard (viii) for a Special Use Permit. 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. As of this writing, no comments have been received. ALTERNATIVES: 1. The Zoning Board of Adjustment can approve this request for a Special Use Permit to allow the proposed restaurant at 926 South 16th Street by adopting the findings and conclusions noted above, and with the following conditions: a. That the existing trees located along and directly on the south property line next to the parking area be maintained and if removed or destroyed, replaced with trees that will meet the L3 screening standard upon replacement within the specified growth period as required. 2. The Zoning Board of Adjustment can approve this request for a Special Use Permit to allow a proposed restaurant at 926 South 16th Street location 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 proposed restaurant at 926 South 16th Street 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 proposed restaurant at 926 South 16th Street is consistent with the general and specific commercial standards required for granting a Special Use Permit. The proposed condition requiring existing south property line tree maintenance and replacement if said trees are removed or destroyed next to the parking area is to ensure compatibility with the residential neighborhood via the L3 landscape requirement along abutting residential property lines in a neighborhood commercial district as the trees in question appear to be located on both this property at 926 South 16th Street and the abutting property immediately to the south at 920 South 16th Street. 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. Attachment A - Site Location map 1 s lsrw sr �s�Sr r�` R f � f ac ^� Special Use Permit `�' 926 South 16th Street Attachment B Site plan and elevation drawings under separate cover.