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Home My WebLink AboutA7 ITEM #: 3 DATE: 11-08-17 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: November 3, 2017 CASE FILE NO.: SUP-000282 REQUEST: To approve a Special Use Permit and Site Plan for a retail use greater than 3,000 square feet in a General Industrial zone (Ames Pet Resort) PROPERTY OWNER: Forevergreen Properties, LLC CONTACT: Randy Duncan, Ames Pet Resort LOCATION: 2811 Hyatt Circle ZONING: "GI" (General Industrial) BACKGROUND: The Zoning Board of Adjustment approved a Special Use Permit and a site plan for Ames Pet Resort at 2811 Hyatt Circle on August 24, 2011 . The Board subsequently approved a revised building elevation on December 7, 2011. The owner now seeks to enlarge the use with expanded outdoor fenced dog runs on the north and south ends of the building. Ames Municipal Code does not allow retail businesses over 3,000 square feet gross floor area to locate in a GI zone unless the Zoning Board of Adjustment reviews and approves a Special Use Permit application. The proposed enlargement is an amendment to the previous approval. PROJECT DESCRIPTION: Ames Pet Resort is a boarding kennel with a capacity of about 60 (57 dog kennels and 4 cat kennels). Average occupancy is about 50 percent of that. The business has been in operation for about 5 years and is now seeking to provide an improved environment for boarded animals. The intended exterior dog run areas do not increase boarding capacity. They are intended to provide an improved outdoor experience for the clients. One proposed dog run area is on the south side of the existing building. It is a covered, fenced area that will displace several parking spaces. The other improvement will be a covered dog run within the existing fenced play area on the north side of the building. The new areas will consist of a wood privacy fence and roofed structure with metal roofing to match the existing building. Although some parking is being removed to accommodate the south dog run, the site has more parking than required and will still meet requirements. 1 APPLICABLE LAW: Chapter 29, Section 29.1503(4)(a) 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 locate such use. (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. 2 PUBLIC NOTICE: Notification was made to all owners of property within 200 feet. In addition, a notice of public hearing was placed in the front yard. FINDINGS OF FACT & CONCLUSIONS: Based upon the project description and attached site plan the following findings of fact and conclusions may be made: Findings: 1. There are a few existing businesses or developments adjacent to the property. Ames Pet Resort was one of the first businesses to be built in this subdivision. There have been no nuisance reports about this business. 2. The applicant has identified noise and odor as the only potential impacts of the proposed retail business. The applicant has addressed those potential impacts by having an attendant with the dog during outdoor time and by maintaining high standards of cleanliness. No complaints of noise or odor have been received by Ames Animal Control. 3. The Development Review Committee has reviewed the site development plan and found that it meets applicable design standards of the base zone and general standards. The site is non-conforming for landscaping requirements since the newly adopted standards from the summer of 2017. 4. The outdoor areas will have wood privacy fences and a pitched roof with materials similar to the existing building. 5. Although the Ames Zoning Ordinance identifies this use as retail service use, it is well suited to a less inhabited area, such as industrial. Conclusions: Ames Pet Resort has been in operation for over five years and there has been no nuisance issues reported to the City during that time. The proposed outdoor runs are consistent with the Zoning Ordinance and the development agreement for the Ames Community Development Park, 4t" Addition. The development agreement for the area describes use and design requirements that are distinguished from zoning compliance. When considering the potential surrounding industrial uses, such as manufacturing, the impacts could actually be the inverse — the proposed retail business could be impacted by surrounding properties, rather than having impact on surrounding properties. The potential impact of noise, due to barking dogs is addressed by the applicant. The applicant has proposed an amended site plan that meets all of the development standards of the Ames Municipal Code. 3 The plan does not meet the current landscape standards as the site was developed using the previous requirements. Principally, front yard landscaping and parking lot tree requirements have been increased, while side and rear screening have been reduced. The City requirements for correcting non-conforming landscaping are defined in Article III of the Zoning Ordinance. The standards are to remove the non-conformities as practicable. Although this is considered a new site plan as an amendment to the original Special Use Permit, there are no changes to the front yard or parking configuration of the site that would include practical changes at this time related to location and scope of the proposed work. The Board could determine planting of additional materials that do not require reconfiguration of parking areas as practical in the scope of the proposed amendment and condition approval on increased plantings. Staff does note that there are several missing plants from that previously approved that are missing. The owner has provided financial security and will install them prior to May 1, 2018. ALTERNATIVES: 1. The Zoning Board of Adjustment may approve a Special Use Permit and amended site plan for this retail use of a kennel, which is over 3,000 square feet, by adopting the findings of fact and conclusions stated herein. 2. The Zoning Board of Adjustment may approve a Special Use Permit and amended site plan for this retail use of a kennel, which is over 3,000 square feet with conditions by adopting its own findings of fact and conclusion. 3. The Zoning Board of Adjustment may deny a Special Use Permit and amended site plan for this retail use of a kennel, which is over 3,000 square feet, if the Board finds and concludes that the proposed Special Use Permit is not consistent with adopted policies and regulations, or that the Special Use Permit will impose impacts that cannot be reasonably mitigated. 4. The Zoning Board of Adjustment may table this request for a Special Use Permit and request additional information from City staff or the applicant. RECOMMENDED ACTION: 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. This is a recommendation to approve a Special Use Permit for this retail use of a kennel, which is over 3,000 square feet, by adopting the findings of fact and conclusions stated herein. SAPLAN_SWCouncil Boards Commissions\ZBA\Special Use Permits\2811_Hyatt_SUP-11-08-17.docx 4 Attachment A— Location Map M W _ > x.• 0 Iz W IL SE-5TH ST3 Q w w > <tt `n M � ui DEERE ST w Q "' Q` > z Q Subject Property BROWNING ST J 2811 Hyatt Circle X x Q Q � �� w a COLT ST Q SHAD-Y- w w � GROVE LN > a w Q z a v w 0 m Q 0 N Location Map Map Area 2811 Hyatt Circle 0 250 500 1,000 moozz Feet Map Created August 17.2011 5