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HomeMy WebLinkAbout~Master - Special Use Permit to allow the use of a pre-existing building on a site zoned Neighborhood Nommercial which exceeds 30,000 sq. ft. at 4625 Reliable StreetCITY OF AMES, IOWA IN THE MATTER OF THE APPLICATION OF THE LOVE CLUB, LLC, FOR A SPECIAL USE PERMIT, SECTION 29.1503 OF THE AMES MUNICIPAL CODE, TO ALLOW THE USE OF A PRE-EXISTING BUILDING ON A SITE ZONED NEIGHBORHOOD COMMERCIAL WHICH EXCEEDS 30,000 SQUARE FEET ON THE PROPERTY LOCATED AT 4625 RELIABLE STREET FACTS L� L ENov - 8 200 17 IE T CITY CLERK CITY OF AMES. IOWA------ CASE NO.17-21 GEOCODE NO. 05-31-475-035 DECISION & ORDER Elliot Thompson of The Love Club, LLC, seeks a Special Use Permit to allow the use of an existing building on a lot exceeding 30,000 square feet located at 4625 Reliable Street, in the Neighborhood Commercial (NC) Zone. Neighborhood Commercial (NC) is a minor zoning district applied to a few unique sites that have potentially sensitive surroundings. This type of zoning designation requires that any lot over 30,000 square feet must seek approval of the Board for a Special Use Permit for use of the parcel under Section 29.801(3). 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 a grain elevator and most recently an auto mechanics shop. The existing building is nonconforming in the NC zoning district. Applicant proposes to use the main floor of the building as an art gallery/commercial art and reproduction space and coffee shop. 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. The site plan includes 32 parking stalls. The proposed art gallery requires one space for every 300 square feet as a retail space, and the coffee shop requires nine parking spaces for every 1,000 square feet as a sit-down restaurant, resulting in a total of 33 required parking stalls. The applicant proposed acceptance of on -street parking to meet minimum requirements. Any additional buildings or changes in activity type would require an amendment to the Special Use Permit. 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. On -street parking is permissible along Reliable Street with no specifically striped stalls. The site has approximately 650 feet of street frontage to the east of the on -site parking area. Staff estimates 22 to 24 feet is necessary to account for parallel parked cars, therefore, a maximum of 29 parallel parking spaces could be accounted for along the street as 2 parallel spaces. Staff concluded that accounting for 29 parallel spaces with four on -site spaces complies with parking requirements. The Shift structure is located in the public right-of-way and is in the process of review for an encroachment permit. It is meant to act as a parklet, inviting the public to interact with and admire the structure as both functional space and art. Any structures placed in the front yard would be required to comply with the NC zoning district standards. 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. City Planner Julie Gould reviewed the site plan, project description, applicable law and Findings of Fact and Conclusions. There will be no changes to the existing building or site, with the exception of some interior construction to provide restrooms and divide the space between uses. 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. Although the building is nonconforming, the proposed uses of the site are consistent with the goals of small commercial facilities integrating into surrounding residential areas. It was said that 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. For all of these reasons, Staff recommends approval of the Special Use Permit. Traffic approaching the site has multiple routes, with the most convenient being North Dakota and then onto Reliable Street for parking. 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 in 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. Applicant Elliot Thompson of 3211 Lettie Street, Ames, testified that he has been working with Council for over a year on this site. 33 parking spaces were initially needed on -site but since the area has low traffic, they requested to use on -street parking. He added that the first floor of the building is the focus right now, and it is intended to have a workspace/gallery for his wife and a coffee shop. The gallery will be open to the public most likely from 6:00 p.m. — 9:00 p.m. It is possible the gallery will be open 7 days weekly, and small events will be held occasionally. Mr. Thompson indicated that all events occur outside currently and have concluded by 10:00 p.m. Once the ancillary activities become regular, an amendment to the Special Use Permit would be needed. Sharon Stewart of 437 Hilltop Road, Ames, testified that the coffee shop is a small business with minimal food prep. Their goal is to work with local farmers, which will limit the number of deliveries. At this time, a state certified vending cart is used three days a week. No permits were required by the City since the cart is located on private property and is in a permitted zone. The portable toilet is set to be removed from the site when the interior is complete. Ms. Stewart said she is the only employee. She also read a letter from her husband which emphasized the support of the Iowa State College of Design. Ms. Stewart conceded that five different noise complaints 3 have been received since they took ownership, but law enforcement issued no tickets or warnings. All complaints occurred before 10 p.m., except one that was received at 12:15 a.m. Lyndsay Nissen, 3211 Lettie Street, Ames, testified and addressed concerns related to music events on the site. She stated that band practice has been held on premise and they have cooperated with police by taking decibel readings from various areas of the property and found that they were within acceptable range. There is no running water on the site. A portable toilet is serviced weekly. She also said the use of fireworks occurred once and the person using them was reminded that it is illegal to light fireworks within City limits. No one lives on the property. Event advertisement is sent through social media. Several residents testified in favor of the cafe and three letters in support were received. Two letters were received recommending against the approval of the Special Use Permit. DECISION The Board considers the facts as detailed above, and the relevant standards in Ames Municipal Code Section 29.1503, and finds that the application meets these standards and that the requested Special Use Permit shall be granted 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 remodeling of the first floor of the building for the intended uses prior to occupancy of the space. d). No events or operations past 10:00 p.m., specifically 6:00 a.m. to 10:00 p.m., seven days a week. e) Outdoor storage of construction materials and the portable toilet must be removed before operation. WHEREFORE, IT IS ORDERED that the applicant is GRANTED, pursuant to Ames Municipal Code Section 29.1503 of the Ames Municipal Code, a Special Use Permit for the property located at 4625 Reliable Street subject to 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 0 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 propertywner. 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 remodeling of the first floor of the building for the intended uses prior to occupancy of the space. d) No events or operations past 10:00 p.m., specifically 6:00 a.m. to 10:00 p.m., seven days a week. e) Outdoor storage of construction materials and the portable toilet must be removed before operation. Any person desiring to appeal this decision to a court of record may do so within 30 days after the filing of this decision. Done this 25th day of October, 2017. &�4W Heidi Petersen Secretary to the Board