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HomeMy WebLinkAboutA6 ITEM #: 2 DATE: 09-27-17 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: September 21, 2017 CASE FILE NO.: ZBA 17-16 REQUEST: A Special Use Permit to allow site improvements include removal of a driveway and construction of sidewalks 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 Collegiate Methodist Church at 2622 Lincoln Way requests approval of a Special Use Permit for landscaping and sidewalk improvements. 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 owned property area contains multiple buildings including the main church property at 2622 Lincoln Way, the Church Annex and Lighthouse buildings along S Sheldon Avenue, a small house/daycare building located west of the main church along Lincoln Way and accessory parking. The church campus totals approximately 4.9 acres. A Variance and Special Use Permit were approved for construction of a 1,450 square foot garage in October of 2015. To date this garage has not been constructed and the approval has expired. The Special Use Permit application is to request approval to construct a sidewalk that connects the annex building facing S Sheldon Avenue to the church, which faces Lincoln Way. This sidewalk will provide a pedestrian connection interior to the site. In addition, a drive off of S Sheldon will be removed and front yard landscaping will be added. Site improvements will be adjacent to an annex building, which presently takes access from S Sheldon Avenue. These improvements include removal of the existing drive into the site off of S. Sheldon Avenue. Additionally, the curb adjacent to the drive and a gravel area located at the rear of the building will be removed, and addition of sidewalks in the rear of the building that will connect this building to the parking lot of Collegiate United Methodist Church. Lawn and native grass seeding will be planted where the existing paving and gravel are located. The only other paving that will be added to the site is a curb that will separate the lawn and the parking lot to the north from the new sidewalks. (See the applicant submitted site plan for location information). 1 Access to the site will remain as previously approved with ingress and egress from both S Sheldon and Hayward Avenues as well as egress onto Lincoln Way just west of the church building. The parking lot to the north is part of the overall Collegiate United Methodist Church property and will remain as is. 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 29.808 and 29.809 include the Campustown Service Center zone requirements and specify that an institutional use is subject to a Special Use Permit. The proposed site changes result in the construction of more than 150 square feet of impervious area and the need for a Site Development Plan that is part of a Special Use Permit. Note that the minimum building Floor Area Ratio and height requirements for the CSC zone are not triggered by landscaping and site work that are proposed and are not addressed with this 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: (i) 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; (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 2 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 plan 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 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 site improvements are viewed as an enhancement to the property while maintaining its existing use. It can be concluded that the development meets General Standard (i) for a Special Use Permit. (ii) Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing and intended character of the general 3 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 Ordinance recognize 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. The proposed improvements are found to be compatible and appropriate in appearance for the character of the area. These improvements will improve drainage and subsequent appearance of the site. There is no increase is the capacity of intensity of use of the site with the proposed site improvements. Conclusions: The proposed improvements will enhance the overall aesthetic of the property adjacent to S Sheldon Avenue by increasing the amount of greenspace and landscaping. 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: All of the improvements will be on-site and mostly interior to the property having no impact on how the property is used or impact on adjacent uses. The university is located to the north, with Multi-family residential to the west. The use to the south is the intermodal facility located across College Creek. The operation of the building adjacent to S Sheldon Avenue is not intended to change. Conclusions: Construction of the sidewalks and increasing the amount of greenspace and landscaping, as proposed, should not be disturbing or hazardous to existing and future uses in the area. 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: There will be no impact to existing public facilities and services with these improvements. Conclusions: This property is adequately served by essential public facilities and services and proposed site improvements will have no impact. 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. 4 Findings of Fact: All improvements are interior to the site. No additional 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. Findings of Fact: Improvements will not be detrimental to any person, property or general welfare of the community. Conclusions: 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. The proposed improvements will not impact the compatibility of the site with other development in the area. The proposed site work improves the visual aesthetic of the area and does not take away developable area for future commercial uses. 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. 5 Findings of Fact: The site is already utilized for institutional use and the proposed site work is located generally internal to the site. 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: The proposed landscaping and sidewalks are voluntary improvements to the site. The applicant has included front yard landscaping consistent with zoning standards. All paving is removed from the front yard of the site within the scope of work of the project. Conclusions: With the exception of building intensity standards that do not apply to landscaping changes, the proposed improvements are consistent with the Zoning Ordinance. 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. staff concludes that the proposed site improvements meet the intent and requirements of the CSC Zone and the development standards of Article 4 have been met. If the Zoning Board has determined that the request is compatible with all applicable standards, then the requested special use permit can be approved. ALTERNATIVES: 1. The Zoning Board of Adjustment may approve the Special Use Permit and Site Plan 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. 2. The Zoning Board of Adjustment may deny the Special Use Permit and Site Plan 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. 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 site improvements adjacent to an annex building that is part of the United Collegiate Methodist Church property is consistent with the general and specific commercial standards required for granting a Special Use Permit. Therefore, based upon the Findings of Fact and Conclusions above, it is the recommendation of the Department of 6 Planning and Housing that the Zoning Board of Adjustment act in accordance with Alternative #1. 7 Attachment A Location Map LIN COLN WAYIle I'law a k° uj Lu y 6mai CHAMBERLAIN �M1 S T I<. Area of Improvements { k t, s Aftv 1 MUUNT.ST �� �: NEI — — , r Y 2622 Lincoln Way 8