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Home My WebLink AboutA7 ITEM #: 2 DATE: 12-13-17 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: December 8, 2017 CASE FILE NO.: SUP-000308 REQUEST: To approve a Special Use Permit for an Automotive and Marine Craft Trade Use greater than 10,000 square feet in a General Industrial zone (Fenders Cycle of Ames) PROPERTY OWNER: H & B Properties, LLC CONTACT: Mike DeMoss, Fenders Cycle of Ames LOCATION: 919 E. Lincoln Way ZONING: "GI" (General Industrial) BACKGROUND: Bill Fedeler. H & B Properties. constructed a speculative industrial building at 919 E. Lincoln Way in Ames. The minor site development plan was approved in July, 2016. No specific tenant was identified at that time. In October of this year, it became known that Fender's Cycle of Ames wished to locate in the building, moving from their site on S 161h Street. Fender's was apprised of the need to seek a Special Use Permit if they desired to occupy more than 10,000 square feet of the approximately 15,000 square feet building. PROJECT DESCRIPTION: The approved site plan for 919 E. Lincoln Way shows a building of 14.770 square feet. There is a single access point off of East Lincoln Way, a driveway that circles the building, and 50 parking spaces. The proposed use is a motorcycle sales and service dealership. In addition, Penske trucks are rented from this site. These uses are described in Table 29.501(4)-3 as Automotive and Marine Craft Trade. While the building was built as a speculative industrial building, parking was provided at a rate (1 space per 300 square feet) that could accommodate most office and retail uses. Parking requirements for motor vehicle sales and services are 2 spaces. plus one space for every 500 square feet over 1,000 square feet of showroom, plus two spaces for every service bay. With this formula, the use will require 31 parking spaces. As noted above, there are 50 spaces on site. The applicant is not proposing any changes that would require an updated site plan from the site plan approved on July 27, 2016. The existing improvements consistent with the 2016 approved site plan will govern the overall site improvements and can 1 reasonably be expected to serve the new uses as well. The Site Development Plan was approved under the prior landscape standards that were subsequently modified on July 1, 2017. Staff notes that outdoor display uses can be established on sites that do not meet the current front yard landscaping ordinance, but proposed outdoor display uses would require compliance with front yard landscaping upon publication of an updated Zoning Ordinance on December 15th. If this Special Use Permit is approved on December 13.h it will not be subject to the front yard landscape requirement. The outdoor display of vehicles for sale or lease will require a setback of 40 feet from the front property line. This would not allow the parking spaces nearest the street to be used for display. In addition. vehicles parked for sale or lease would still need to leave 31 parking spaces available for customers and clients. 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 Boards 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: (1) 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, 2 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. 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, the following findings of fact and conclusions may be made: Findings: • The East Lincoln Way corridor is a mix of industrial and commercial uses and a mix of Highway-Oriented Commercial and General Industrial zoning. • There are other Automotive and Marine Craft Trade uses found along this corridor, albeit most are in Highway-Oriented Commercial zoning districts. • An automotive or motorcycle dealership is an allowed use with the approval of a Special Use Permit by the Zoning Board of Adjustment. The Board may impose any necessary conditions to ameliorate any reasonable expected negative impacts. • Staff does not anticipate any negative impacts on the industrial neighborhood from the responsible use of this property as a motorcycle dealership and truck rental business. • A minor site development plan was approved and the building was subsequently built in accordance with that plan. The site can accommodate the proposed uses without further improvements. Conclusions: Staff has reviewed the materials submitted by the applicant including the responses to the General Standards (attached). Staff has visited the site and is familiar with the operation of the business at their previous location. 3 Staff concludes that the use of 919 East Lincoln Way as an Automotive and Marine Craft Trade Use, including as a motorcycle dealer and small and medium truck rental, would not be a detriment to the industrial neighborhood as it is compatible in its design and operation and will not have negative effect on public facilities in the area. ALTERNATIVES: 1. The Zoning Board of Adjustment may approve a Special Use Permit for the operation of an Automotive and Marine Craft Trade Use at 919 E. Lincoln Way by adopting the findings of facts and conclusions noted in this staff report. 2. The Zoning Board of Adjustment may approve a Special Use Permit for the operation of an Automotive and Marine Craft Trade Use at 919 E. Lincoln Way by adopting the findings of facts and conclusions noted in this staff report and with conditions that it may find necessary to ameliorate any negative impacts that the use can reasonably be expected to generate. 3. The Zoning Board of Adjustment may deny a Special Use Permit for the operation of an Automotive and Marine Craft Trade Use at 919 E. Lincoln Way if the Board finds and concludes that the proposed Special Use Permit is not consistent with adopted policies and regulations, or that the use will cause 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 to approve a Special Use Permit for the operation of an Automotive and Marine Craft Trade Use at 919 E. Lincoln Way. SAPLAN_SHR\Council Boards Comm issions\ZBA\Special Use Permits\919 E Lincoln-12-13-17 docx 4 Attachment A — Location Map i•1 i SO,*;D R OL A`:E k. • 11 919 E Lincoln Way I r r E UNCCLN AAV rr 1 +� ( �..; .r at. f air �• • � 11.� M Al ! � Y�{ 11� f _ a� Ames 0 100 200 N Feet 5 Attachment B — Approved Site Plan_[North to Left f T I � I . i . , _ T 4 I I; g� •`I ! ! ! � i I I . I I € I � I t P :- t I 1 - I I � ' P /-- 6