HomeMy WebLinkAboutA6 ITEM #: 2
DATE: 10-11-17
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: October 5, 2017
CASE FILE NO.: ZBA-17-21
REQUEST: A Special Use Permit to allow the use of a pre-existing building on
a site zoned Neighborhood Commercial (NC) and exceeds 30,000
square feet at 4625 Reliable Street.
PROPERTY Elliot Thompson, The Love Club, LLC
OWNER:
LOCATION: 4625 Reliable Street
ZONING: Neighborhood Commercial (NC)
BACKGROUND AND PROJECT DESCRIPTION:
The Love Club, LLC desires to use an existing building and site that is zoned
Neighborhood Commercial (NC) and is over 30,000 square feet in site area. Section
29.801(3) of the Neighborhood Commercial zoning regulations require that any lot over
30,000 square feet can 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. Neighborhood Commercial is a minor zoning district applied to a few
unique sites that have potentially sensitive surroundings. The Special Use Permit
requirement is intended to guide development towards compatibility with the unique
surroundings of a site.
The building and site were originally developed prior to annexation to the City. Prior
uses of the site have included the grain elevator and most recently an auto mechanics
shop. Wireless communication facilities also exist at the northwest corner of the site.
The existing building is nonconforming for the NC zoning district, but can be occupied
with conforming uses. The main floor of the building will be used as an art
gallery/commercial art and reproduction space (5,848 square feet) and coffee shop
(1,428 square feet). The outdoor yard located on the east side of the building has been
holding ancillary entertainment and recreational activities on a periodic basis. All of the
aforementioned uses are permitted within the NC zoning district at Retail Sales and
Services — General and Entertainment, Restaurant and Recreation Trade.
The proposed art gallery can be calculated at a rate of 1 space for every 300 square
feet as retail space and the coffee shop requires 9 spaces for every 1,000 square feet
as a sit down restaurant. The totaled required parking is 33 stalls.
The site plan shows 32 parking stalls. Note the site plan reference scale is off and does
not match the scale bar. Four stalls will be provided on site, on the west side of the
building where parking area exists today. The applicant proposes acceptance of on-
street parking to meet the remaining parking requirements. In June of 2017, a new
ordinance was adopted allowing on-street parking immediately adjacent to a site to
count towards required parking at a 1 :1 ratio for commercial uses only in an NC zoning
district. Reliable Street is an overly wide atypical commercial right-of-way created prior
to annexation of the area to the City. On-street parking is permissible along Reliable
Street with no specifically striped stalls. There is no sidewalk present along the subject
site's frontage.
Staff estimates 22 to 24 feet is necessary to account for parallel parked cars along the
street. The site has approximately 650 feet of street frontage to the east of the onsite
parking area. A maximum of 29 parallel parking spaces could be accounted for along
the street as parallel spaces. Note that there has historically been head-in 90 degree
parking in the right-of-way in front of the proposed commercial uses for the site that
does not conform to City parking standards. The applicant intends to utilize this area as
head-in parking unless directed differently by the Traffic Engineer for parallel parking
only. If the Board does not approve use of on-street parking, the applicant can revise
their plans and construct a parking lot to the east of the building. Staff believes
accounting for 29 parallel spaces with four onsite spaces complies with parking
requirements.
The site plan also identifies a monument sign located on the property near the
intersection of Reliable Street and North Dakota Avenue. The sign is not approved as
part of this application and will need a sign permit, if one has not yet been issued.
The Shift structure identified as purple on the plan is located in the public right-of-way
and is in process of review for an encroachment permit. Approval of the encroachment
permit is a separate application before City Council and is not part of the Special Use
Permit. The Shift structure is meant to act as a parklet, inviting the public to interact with
and admire the structure as both functional space and art. This is viewed as temporary
obstruction permit within the right-of-way.
The open yard on the east side of the building has been used as a
community/entertainment area on a periodic basis. The activities have ranged from
yoga, bicycle repair, community gardening and to display art installations. These
activities are open to the community at large. The applicant plans to continue to use the
yard for these types of activities. Any structures placed in the front yard would be
required to comply with the NC zoning district standards. The outdoor activities in the
open area have had no calculated parking rate applied to them as they appear to
informal and ancillary uses at this time. If uses become more formal as primary uses of
the site, additional parking would be needed. Activities will be limited to those that are
viewed as ancillary to the site and provide an entertainment/community building aspect
and not a primary commercial use. Any additional buildings or changes in activity type
would require an amendment the Special Use Permit.
There are no other proposed changes to the building exterior or the site. The applicant
will demise the interior space for the two uses and construct restrooms as required by
the Building Code. The site generally complies with the requirements of the NC zoning
district. The intent of the NC zoning district is to allow for commercial uses that are small
in scale and service nearby residents and to limit adverse impacts on nearby residential
areas.
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 permits 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: There will be no changes to the existing building or site, with the
exception of some construction interior to the building to provide restrooms and
divide the space between uses. Small ancillary outdoor activities will occur on a
periodic basis. Although the building is nonconforming, the proposed uses of the
site are 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.
(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 vicinity and that such a use will not change the
essential character of the area in which it is proposed.
Findings of Fact: There will be no changes to the building or the site itself. A few
parking stalls will be provided on site where hard surface parking areas exist.
There may be more parking seen on Reliable Street than the area is used to due
to the new use of the site. The current surrounding area is a mix of commercial
uses, single family homes, and multiple-family residential.
Conclusions: The use of the site as an art gallery and coffee shop adds a
commercial component on a larger parcel than typically permitted Neighborhood
Commercial lot. The presence of the existing structure and proposed uses do 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. The scale of the proposed commercials use fits the
intent of the zoning district and will not affect the exterior of the building. The
outdoor activities in the open space are ancillary activities intended to be inviting
to the neighborhood and community and not a primary use of the site. 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 neighborhood is a mixture of commercial, single-family and
multiple-family residential. This site has operated as a commercial use in the
past. Activity will occur both inside and outside of the building. The use of the site
on the outside of the building has been active for several months with various
community building types of activities.
Conclusions: The operation of an art gallery, coffee shop, and other exterior
activities are typical commercial uses for commercial areas throughout the
community. Due to familiarity of the proposed uses and their small scale, it
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.
(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: 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 uses will not require additional infrastructure in
the future. Neither is additional fire or police resources anticipated to serve this
use.
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: The uses as proposed will not create excessive smoke, fumes,
glare, or odors. While a coffee shop can produce an 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. The traffic generated for the site
will be minor compared to the capacity of the abutting Reliable Street and the
adjacent arterial of North Dakota Avenue.
The applicant requests use of on-street parking rather than building on-site
parking. The on-street parking flanks the entire site and is the only use on the
north side of Reliable Street. The street parking is in the same location as where
new on-stie parking would be constructed if the on-street parking is not
approved.
Conclusions: The proposed interior and exterior uses, as proposed, will not
produce excessive traffic, smoke, fumes, glare or odors and will operate in a
manner typical of commercial restaurants. Traffic approaching the site has
multiple routes to reach the site, with the most convenient being North Dakota
and then onto Reliable Street for parking. 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 uses are 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 the proposed uses are 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.
Although the building scale and size is nonconforming, the scale of the proposed
use is consistent with the intent of uses and sizes of the zoning district. 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 uses fit the criteria of what could be expected in
a neighborhood commercial zoning district. Property usage in the area is a mix of
varying intensities, with a County garage to the south and a mini-storage facility
to the southwest. There are additional small business, mostly serviced oriented,
in the area as well. There is a vacant commercial lot directly across Reliable
Street. Multi-family residential uses occupy the remaining properties along
Reliable Street.
Conclusions: The proposed uses are not incompatible with the planned use of
the property in the general area, as there are a variety of commercial and
residential uses in the immediate vicinity. It can be concluded that the use
meets Commercial Zone Standard (i) for a Special Use Permit.
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 an art gallery, cafe and exterior community
based activities at this location provides an appropriate use within a
Neighborhood Commercial zoned area. Additionally, the use 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.
Be consistent with all other applicable standards in the zone.
Findings of Fact: The proposed uses are permitted uses within the zoning district
and design of the restaurant and gallery complies with all neighborhood
commercial zoning district regulations including setbacks, site design
requirements, use regulations and flood plain laws. Entertainment and recreation
uses are allowable with the open space adjacent to the building, but are
expressly not viewed as primary uses with the Special Use Permit application
and treated as ancillary activities.
The applicant requests the allowance of 29 on-street parking spaces as credit
towards meeting the required 33 parking spaces. On-street parking is
permissible for credit to the abutting businesses as part of the approval process.
In the event the parking was not available, the property owner would need to
construct parking on site.
The site is nonconforming for parking lot and landscape conditions standards of
the ordinance. These types of nonconformities are classified as "Other" and to be
removed as practicable. Staff did not recommend improvements at this time due
to no new improvements planned for site. Landscaping could be added to the
front yard areas east of the building to enhance the consistency of the site with
zoning standards.
Conclusions: No physical site improvements are included with the proposal.
Striping of stalls will occur on existing paving. With an allowance for on-street
parking, the proposed occupation of the existing non-conforming structure and
changing its use from an automobile mechanic use to commercial can be found
consistent with applicable zoning standards. 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 at 4625 Reliable Street for retail space and a cafe by adopting the findings
and conclusions noted above, and with the following conditions:
a. In the event on-street parking regulations are modified by the City Council
and reduce the amount of available parking, the property owner must seek
an amendment to the Special Use Permit and construct required parking
on site. Allowing for credit of currently available parking on street is not a
permanent granting of use of the street for parking and is not an
easement, license, or other guarantee of parking for the property owner.
b. Use of the building and site are for the defined uses described in this
report. Changes in activities or adding additional uses requires an
amendment to the Special Use Permit.
c. Obtain building permits for remolding of the first floor of the building for the
intended uses prior to occupancy of the space.
2. The Zoning Board of Adjustment can approve this request for a Special Use
Permit at 4625 Reliable Street 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
at 4625 Reliable 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 art gallery, coffee shop and outdoor activities at 4625
Reliable Street are consistent with the general and specific commercial standards
required for granting a Special Use Permit. The general area is a developed area with a
mix of commercial and residential uses. The proposed commercial uses are uses that
are not currently available is this area of Ames and meets the intent of Neighborhood
Commercial for providing for small commercial uses. The use of on-street parking will
provide for adequate parking to serve the proposed uses and would not be detrimental
to other property owners the area as no other uses are on the north side of the street.
In the event the City was to modify parking regulations on Reliable Street, the property
owner would need to seek an amendment to the Special Use Permit and provide
parking on site to meet Zoning Ordinance standards.
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
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