HomeMy WebLinkAboutA6 ITEM #: 4
DATE: 09-28-16
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: September 19, 2016
REQUEST: A Special Use Permit to allow use of the tenant space at 711 E.
Lincoln Way for a religious institution.
PROPERTY
OWNER: R. Friedrich and Sons, Inc.
LOCATION: 711 E. Lincoln Way
ZONING: Highway Oriented Commercial (HOC)
BACKGROUND AND PROJECT DESCRIPTION:
Ames Four Square Church desires to occupy a 1,015 square foot tenant space located
at 711 E. Lincoln Way in the HOC zoning district. The subject parcel contains multiple
buildings and the proposed use is within the shopping center building. The site contains
a 20,000 square foot commercial center, a 6,600 square foot wholesale building and a
7,140 square foot warehouse building, both located to the rear of the property behind
the shopping center.
The regulations for the Highway Oriented Commercial zoning districts permits religious
institutions subject to approval of a Special Use Permit being issued by the Zoning
Board of Adjustment for the use on the property.
The proposed church will occupy two rooms within the tenant space that then total
1,015 square feet of area. The front room will be uses as an entry lobby and meeting
room for bible study and the room to the rear of the space will be used mainly for
worship/sanctuary space with some storage area. The previous use of the space was
for a retail use.
The existing Site Plan on file with the City shows a total of 123 parking spaces with 13
of those being designated for a remote parking agreement for the property to the west
of the 'subject site, leaving 110 parking spaces available for onsite uses. With the
change of use for the tenant space be requested by the Church, the property is required
to provide a total of 114 parking spaces to accommodate all existing uses on the
property, a 4 space deficit. The owner of the property has revised the site plan for the
property to accompany the proposed special use permit (See Attachment B). The new
site plan adds 13 additional parking spaces to the Site Plan in front of the 721 Building
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warehouse building, located at the northeast corner of the property, to accommodate
the total number of parking spaces required by code for the site.
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 religious
institution 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.
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Findings of Fact: The current LUPP supports Highway Oriented Commercial
activity at this location as the current commercial LUPP designation allows for
commercial trade and office uses as well as religious institution uses.
Conclusions: The proposed use is consistent with the goals of the Highway
Oriented Commercial designation of the LUPP in that it is a use that can
appropriately be sited in a commercial area and be compatible with its
surroundings as a needed institutional use within the community. The site overall
will continue to operate as a commercial property. It can be concluded that the
use 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 proposed use will occupy only 1,015 square feet of the
20,000 square foot retail and office center. The remaining area on the site would
remain as existing with retail, office, wholesale and warehouse uses. The church
hours will be mostly on weekend days with a few weekday evenings. No
changes to the parking lot are proposed, except to stripe four more parking
spaces in front of the warehouse building at the northeast corner of the lot.
Conclusions: While the addition of the church is a change in use to the site, the
existing commercial components of the property will remain. The operation of
the church will not create conflicts with the surrounding uses or within the general
commercial area or alter the intended character of the surrounding neighborhood
due to its typical times of use and location on the property. Therefore, it can be
concluded that the use 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 area is a mix of retail, office and other commercial service
uses. The proposed church will not be conflicting in use with the existing tenants
of the building and will generally be open opposite hours of operation from a
typical retail or office use.
Conclusions: The operation of a church would not be disturbing or hazardous to
existing and future uses in the area. It can be concluded that the use 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: The site is directly served by an arterial street (Lincoln Way). All
City services are available to 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 church 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 Lincoln Way.
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.
Findinqs of Fact: Churches are not accompanied by excessive smoke, fumes,
glare, or odors. The proposed tenant space is modest in size and there are no
abnormally large signs or bright lighting proposed.
Conclusions: The proposed church 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 church is an allowed use in the Highway
Oriented Commercial zoning district. The zone intends for a wide range of
commercial uses that can range in size from small individual building to large big
box retail centers. The zone is meant to allow for areas set aside for high activity
commercial uses along arterial streets that are not within residential
neighborhoods.
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Conclusions: The City Council, through the zoning ordinance, has determined
that this type of use is consistent with the intent and purpose of the Highway
Oriented Commercial zoning district and upon specific review the layout and
operations can be found to be meet the purpose and intent of allowing for
religious institutional uses that are compatible with the commercial 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 church fits the criteria of what could be expected
in a highway oriented commercial zone. 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. The small size of the church and its limited hours
of use support its compatibility.
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 City supports a variety of social/cultural uses in the City to
support overall quality of life and balances their needs with potential effects on
economic development opportunities.
Conclusions: The proposed development does not result in the loss of
commercial land as the property will continue to be used for other commercial
uses. 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 existing site complies with
highway oriented 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.
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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 religious institution at 711 E. Lincoln Way by
adopting the findings and conclusions noted above, with the condition that the
additional proposed parking spaces be installed to meet the minimum code
requirements for on-site parking spaces.
2. The Zoning Board of Adjustment can deny this request for a Special Use Permit
to allow the proposed religious institution at 711 E. Lincoln Way by finding that
the project does not meet the criteria of Section 29.1503(4).
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 church at 711 E. Lincoln Way is consistent with the
general and specific commercial standards required for granting a Special Use Permit,
subject to installation of the additional required parking spaces. 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
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Attachment B
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