HomeMy WebLinkAboutA8 ITEM #: 2
DATE: 03-14-17
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: March 9, 2017
CASE FILE NO.: SUP-000379
REQUEST: A Special Use Permit to allow the use of a pre-existing building on a lot
that exceeds 20,000 square feet in the Neighborhood Commercial
(NC) zone at 3504 Grand Avenue.
PROPERTY Habitat for Humanity of Central Iowa Inc.
OWNER:
LOCATION: 3504 Grand Avenue
ZONING: "NC" (Neighborhood Commercial)
BACKGROUND AND PROJECT DESCRIPTION:
Habitat for Humanity of Central Iowa proposes to use the property at 3504 Grand Avenue as
the new location for their offices and retail sales operation. The property was recently
rezoned from "RH" (Residential High Density) to "NC" (Neighborhood Commercial) on
February 13, 2018. The site includes 81,171 square feet of lot area, with a single existing
principal building. The site was formerly the location of that was the former location of the
Heartland Baptist Church and the Joy & Johnson Auction Company prior to the church.
In Table 29.801(3) of the Municipal Code, the "NC" zone requires that any lot with a pre-
existing building on a site that exceeds 20,000 square feet, but not more than 100,000
square feet of lot area can be utilized in the "NC" zone subject to approval of a Special Use
Permit by the Zoning Board of Adjustment (ZBA). Neighborhood Commercial zoning has
been applied to a limited number of unique sites in the community that abut residential
zones, which creates the potential for conflict with the surrounding land use. The Special
Use Permit requirement is intended to sensitively guide commercial development towards
compatibility with the unique surroundings of a site.
The site contains a vacant building, the former Heartland Baptist Church, with 12,598
square feet of gross floor area. The vacant building is a single-story structure without a
basement. A small storage shed is located behind the principal building along the rear
property line. The applicant intends to establish their planned uses within the existing
structures with only minor alterations to the rear exterior wall of the principal building. The
applicant intends to install an overhead door, including a small raised concrete platform that
measures 7-feet by 12-feet, and is approximately 12-inches thick. This will enable the
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movement of merchandise in and out of the back side of the building, furthest from the
surrounding residential development. The applicant indicates that no exterior building
changes are proposed other than removing the steeple at the west end of the building.
The buildings are setback from the street with a large parking lot located between the
buildings and the frontage road/Grand Avenue. Access to the site is from the intersection of
Bloomington and Grand connecting a frontage road to the site for driveway access. No
sidewalk abuts the site. There are currently 93 parking spaces. Parking for the 9962 SF
retail and 2636 SF office space is calculated at a rate of 1 space for every 300 square feet
for both uses. The total required parking is 42 spaces. Existing parking is more than double
what is required. The existing configuration of the parking lot is nonconforming for site
landscaping requirements.
Staff performed a site visit and evaluated the existing landscape against the 2005 Heartland
Baptist Church Site & Landscape Plan and also evaluated the existing landscape against
current regulations. The 2005 Plans illustrate a landscape screen of trees and shrubs along
the north and south property lines, which would substantially conform to prior parking lot
perimeter landscaping requirements. The landscape to the north is mostly still in place. The
landscape to the south is missing 21 of the required shrubs. Additionally, one tree is missing
from one of the parking lot tree islands that will need to be replaced.
The previous landscape regulations did not require front yard landscaping. Current
landscape regulations require a minimum 10-foot wide front yard landscape. However, as an
existing site the landscape standards are classified as an Other Non-conformity and the
improvement or enhancement is related to the general findings of Special Use Permit review
and the threshold of improving the site as practicable. To meet the policy of improving non-
conforming sites as described in Section 29.307(5), additional landscaping is necessary as
part of the reuse of the site.
The applicant will need to replenish landscaping that was previously approved. However,
the addition of front yard landscaping would go a long way in approving the appearance of
the site from Grand Avenue and mitigating the commercial uses in this largely residential
area. There is available planter area along the frontage of the site to add front yard
landscaping without removing parking area. Staff estimates that full compliance with front
yard landscaping standards would require 3 overstory trees, 12 shrubs and 18 ornamental
grasses as a baseline requirement.
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
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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 property was recently rezoned to Neighborhood Commercial. It
is in compliance with the LUPP which 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. The use of the
site needs to be of a small scale and conducted in a manner that is compatible with
surrounding residential uses.
Conclusions: The use is for a limited amount of retail and office uses. There will be no
major changes to the exterior of the building or to the site. Although the building is
nonconforming, the proposed uses of the site are consistent with the goals of
commercial facilities integrated into surrounding residential areas. It can be
concluded that the use meets General Standard (i) for a Special Use Permit.
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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: This facility was most recently serving as a church. Other than
removing the steeple at the west end of the building, no outward appearances will
change.
Conclusions: The use of the site as retail and offices for Habitat for Humanity adds a
commercial component on a larger parcel than typically permitted as a 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 commercial use fits the intent of the
zoning district and will not affect the exterior of the building. Therefore, it can be
concluded that the use meets General Standard (ii) for a Special Use Permit.
(iii) Not be hazardous or disturbing to existing or future uses in the same general
vicinity.
Findings of Fact: Traffic entering and exiting the facility will be very similar to when it
was a church., sot the neighborhood will not be impacted by the delivery trucks or
vehicles. Uses will not be conducted outdoors.
Conclusions: The operation of a retail and office uses are typical commercial uses for
commercial areas throughout the community. Due to familiarity of the proposed uses
and their 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: The facility is currently being served by all utilities and other
services supplied by the City of Ames and existing vendors operating in the City. The
site is access from a frontage road and not directly from the intersection. The traffic
levels for the small scale of retail and office can be accommodated by the existing
street infrastructure.
Conclusions: All public facilities are available to serve the site with exception of public
sidewalks. It can be concluded that the use meets General Standard (iv) for a
Special Use Permit.
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(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. No additional fire or police resources are anticipated to be required 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: There will be no activity pertaining to the production of any noise,
odor, or offensive displays in this location. Traffic levels are not anticipated to be
substantial due to amount of office and retail use and the nature of the retail use
oriented to household and home improvement goods. Truck traffic will be limited in
nature and situated for loading in the rear of the site.
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 retail of office space. 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 retail and office uses are an allowed uses 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 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.
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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 multi-family residential uses to the south, low density
residential to the north, and agricultural use to the east. The applicant indicates that
the property will be maintained year round to ensure a pleasing appearance
consistent with and beneficial to other commercial entities within a short distance.
Requiring additional landscaping to screen adjacent uses as well as requiring front
yard landscaping would result in providing a more attractive and compatible
commercial use.
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.
(ii) 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: There will be no loss of commercial land and retail operation will be
the new purpose of the existing land. The addition of retail services and offices for the
Habitat for Humanity Restore operation at this location provides an appropriate use
within a Neighborhood Commercial zoned area, given its location.
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.
(iii) Be consistent with all other applicable standards in the zone.
Findings of Fact: With the zoning change adopted at the February 13, 2018 City
Council meeting, the property is now zoned for commercial use and the proposed
uses are permitted within the NC zoning district.
The existing site complies with all neighborhood commercial zoning district
regulations including setbacks, site design requirements, use regulations and flood
plain laws. The site is deficient in meeting parking lot and site landscaping
requirements and are classified as Other Non-conformities. Improvements to the site
landscaping are needed to meet the policy of removing non-conformities as
practicable.
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Conclusions: No physical site improvements are included with the proposal.
Requiring additional landscaping will result in providing a more attractive and
compatible commercial use consistent with the policy of improving sites upon their
reuse. 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
3504 Grand Avenue for office and retail sales space by adopting the findings and
conclusions noted above, and with the following conditions:
a. Use of the building and site are for the defined uses described in this report of
"General Office" and Retail Sales of goods, such as furniture, appliances,
home improvement, hardware, and household products.
b. Changes in activities, layout of the site, or changing the described uses
requires an amendment to the Special Use Permit.
c. Install the following landscaping prior to June 1, 2018 or final occupancy of the
building, whichever occurs later:
■ Replace missing landscaping from 2005 site development plan
approval, or, seek alternative approval from the Planning and Housing
Department.
■ Provide new front yard landscaping subject to approval by the Planning
and Housing Department.
2. The Zoning Board of Adjustment can approve this request for a Special Use Permit at
3504 Grand Avenue 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
3504 Grand Avenue 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.
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RECOMMENDED ACTION:
Staff concludes that the proposed office and retail sales space, at 3504 Grand Avenue 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 can operate in manner that is
compatible with surroundings. The addition of front yard landscaping will further make the
use more attractive for its adjacent neighbors and those viewing the site from Grand Avenue
and further the improvement of the property with its reuse.
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.
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Attachment A
Site Location Map
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Attachment A
Floor Plan
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Attachment B
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