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HomeMy WebLinkAbout~Master - Special Use Permit to construct and operate a restaurant at 926 South 16th StreetCITY OF AMES, IOWA ZONIN(J'r BOARD OF ADJUSTME IN THE MATTER OF THE APPLICATION OF SHUEU WANCI FOR A SPE(AAL USE PERMIT, §29.1503(4), AMES MUNICIPAL CODE, TO CONSTRIJCTAND OPERATE� A RESTAURANTONTILE PROPERTY LOCATED AT 926 S. 16"' STREET FACTS CASE NO. 16-02 APR 9016 CI -I Y CLERK GFOCODE NO. 09-15-230-010 DECISION & ORDER Theapplicant is Shuyu Wang. He is applying fora Special Use Perrilit, to construct and operate a restaurant at 926 South 16"' Street, The property is zoned Neighborhood Commercial (NC). At the April 13, 2016, City olAmes/,owing Board of" Ad ' jUstment public hearing, City Planner Justin Moore appeared and testified, and the applicant was represented by Scott Rcnaud who testified I' I est ied for the applicant. Mr. Moore presented a written staff report with exhibits. ShUYU Wang desires to construct and operate a 4,430 square foot restaurant at 925 South I 6t" Street; the property is zoned Neighborhood Commercial (NC). The restaurant is proposed to be located on a 44,997 square f'(.)(.)t 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 ill the I 990s to create the mobile horric 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 Corrimercial zoning district subject to a Special [Jse Permit being issued by the Zoning Board ol"Ad - jUStruCrIt lor use of the parcel. 'I'lle proposed restaurant is 19 feet 6 inches high at the top of"ttle parapet. ']'his height falls within the standard of'thc 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 15th Street sidewalk. 'I'licre is a canopy extending fi-orn the building proposed on botli the north and South sides ot'tyre building. Patio space is located oil the northwest and Southeast sides of* the building. The parking lot has two islands with lights in both parking islands. '1-'he fighting 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 12 stalls proposed oil the plan. Additionally, two ADA stalls, as required, are shown ill the total proposed parking. L3 landscaping is required along the abutting south and west residential sides ol'the lot in the setback. The 1-3 landscape standard is a high level screen at a continuous 6 Im height with trees located every 50 lineal feet. The 1,2 landscape standard is required along l6th Street west of'the building. The 1.2 standard is a 10W Continuous screen with trees required every 50 lineal feet. The Ll standard screen is required along Creekside Drive, which is a mixture of` low shrubs with a tree every 50 lineal feet. The L I 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 Mr. Moore testified that City Planning staff was recommending that the Special Use Permit he approved, but conditioned upon a requirement that the 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 U) screening standard upon replacement, or within the specified growing period in the zoning regulations. The reason for this suggested condition is that some of' the trees appear to be on the property line and may belong to the neighboring property owner or at least subject to dispute of ownership. It', for example, the neighbor removed the trees, the City would like replacement tress to be planted to meet the L) screening standard. Mr. Renaud questioned the necessity for such a condition, but stated that the applicant did not object to it. I)FICINTON The Board considers the standards regarding Special Use Permits in Ames Municipal Code sections 29.15031(4)(a), (c), and (e), as well as the Neighborhood Commercial Zoning regulations in section 29.801 (3), and finds that the application meets all of' the standards and, therefore, a Special Use Perinit shall be granted. The Special Use Peri-nit shall be Subject to a condition 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 1.3 screening standard upon replacement within the specified growth period as reClUired. ORDER WIIE,REFORE, IT IS ORDERED that the applicant is GRANTLI) a Special Use Permit, per section 29.1503)(4) of the Ames Municipal Code, to construct and operate a restaurant on the property located at 926 South 16"' Street, Ames, Iowa, with the condition 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. Any person desiring to appeal this decision to a court ofrecordmay do so within 30 days after the filing of this decision. Done this I ')t" day of April, 2016. Frin Cam Secretary to the Board A § h e I by 0-)el Chaii• I/