HomeMy WebLinkAboutA006 - Staff Report dated October 10, 2018 ITEM #: 3
DATE: 10-10-18
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: September 26, 2018
CASE FILE NO.: SUP-000533
REQUEST: A Special Use Permit to allow the use of a Dry Cleaning and Laundry
Facility in the Highway Oriented Commercial (HOC) Zoning District for
the property located at 304 and 308 E. Lincoln Way.
PROPERTY Rick Kasperbauer, Jay Kasperbauer
OWNER:
LOCATION: 304 and 308 E. Lincoln Way
ZONING: "HOC" (Highway Oriented Commercial)
BACKGROUND AND PROJECT DESCRIPTION:
Mayfair Cleaners is proposing to relocate their current operations and build a new Dry
Cleaning and Laundry Facility. They propose to consolidate two parcels at 304 and 308 E.
Lincoln Way having a lot area of 13,398 square feet, for their new location. The property is
zoned "HOC" Highway Oriented Commercial and is currently vacant.
In Table 29.804(2) of the Zoning Ordinance, the "HOC" zone requires that a Dry Cleaning
and Laundry Facility be subject to approval of a Special Use Permit by the Zoning Board of
Adjustment (ZBA). The Special Use Permit requirement is intended to guide Dry Cleaning
and Laundry Facilities toward compatibility with their surroundings. Three additional
standards are included related to Dry Cleaning and Laundry Facilities. These standards
address chemical processes, adjacent uses and parking.
A single 2400 square foot building is proposed at the northeast portion of the site, set
against the front and side setback lines. The front lot line setback is 20 feet and the side
yard setback from the alley is 5 feet.
Access to the site is proposed from High Avenue with a connection to the adjacent alley on
the east side of the site. No driveway access will be permitted off of E. Lincoln Way. Eight
parking spaces plus one delivery van space are included on the plans. Parking is calculated
at the retail sales and services rate of 1 parking space for every 300 square feet. Sidewalks
currently exist along both E. Lincoln Way and High Avenue. There will be a sidewalk
connection from the public sidewalk to the front door of the business.
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The applicant wishes to have a pick-up/drop-off area to accommodate customers. It is
proposed to be located at the south end of the building facing west. The drive aisle adjacent
to the pick-up / drop-off area is designed with a width of 14 feet to accommodate the ease of
circulation around the pick-up/drop-off area. The code requires pavement areas to be
setback a minimum of 3 feet from adjacent property lines. The applicant is requesting an
exception to the pavement setback in this area, to allow a zero setback. The applicant is
also the owner of the adjacent property. A separate agenda item addresses this exception
request.
Current landscape regulations require a minimum 10-foot wide front yard landscape and
parking and loading area landscaping. Other than the exception request, the applicant is in
compliance with the requirements of Sec. 29.403 Landscaping and Screening. The
exception is for a pavement setback and does not impact any of the required landscaping.
The landscaping will include a total of 8 overstory trees, 16 shrubs, 80 ornamental grasses,
and 36 decorative perennials.
Additionally, the applicant meets all Zoning Development Standards and the site has been
approved by the staff DRC process.
APPLICABLE LAW:
Section 29.1315 of the Zoning Ordinance states the following:
DRY CLEANING AND COMMERCIAL LAUNDRY FACILITIES.
Dry cleaning is any cleaning process for clothing and textiles that uses a chemical solvent
rather than water. Dry cleaning and laundry facilities are permitted in the General Industrial
(GI) Zone. Dry Cleaning and Laundry may be located in the Highway Oriented Commercial
District (HOC) by virtue of a Special Use Permit authorized by the Zoning Board of
Adjustment. A Special Use Permit for a dry cleaning and laundry facility shall be subject to
the Zone Development Standards of the HOC Zone and also be subject to the following
additional regulations: (The standards are listed in this report below.)
Section 29.1503(4)(a) (c), and (e) of the Zoning Ordinance 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.)
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(c) 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 Dry Cleaning and
Laundry Facility 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.
Dry Cleaning and Commercial Laundry Facility Standards.
(i) Chemical Processes. Use of Perchloroethylene (PCE or also referred to as
Perc) is prohibited.
Findings of Fact: The applicant states that the use of perch loroetheylene (commonly
referred to as "perc") is not used in Mayfair's cleaning process.
Conclusions: Given that perch loroetheylene (commonly referred to as "perc") is not
used, it can be concluded that the use meets Dry Cleaning and Commercial Laundry
Facility Standard (i) for a Special Use Permit.
(ii) Adjacent Uses. Dry Cleaning Facilities shall not be co-located in the same
building with any residential use, childcare, or school.
Findings of Fact: The development includes one single use 2400 square foot building.
No residential, child care or school use will occur in the building.
Conclusions: Given the single use of the building there will be no colocation of uses.
It can be concluded that the use meets Dry Cleaning and Commercial Laundry
Facility Standard (ii) for a Special Use Permit.
(iii) Parking. The number of off-street parking spaces shall be calculated at the
same rate as other retail parking requirements of Article IV."
Findings of Fact: Parking will be provided at the required retail ratio of 1 parking
space per 300 square feet of use. As required, the applicant includes eight parking
spaces plus one delivery van space.
Conclusions: The site plan includes the required retail parking ratio. Therefore, it can
be concluded that the use meets Dry Cleaning and Commercial Laundry Facility
Standard (iii) for a Special Use Permit.
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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 is in compliance with the LUPP which illustrates this
area as Highway Oriented Commercial. The LUPP states that the City of Ames
aspires to enhance Lincoln Way as a place and desirable area within the City that is
contextual to its surroundings; the Lincoln Way Corridor Plan, however, does, not
specifically address any conditions that impact this area of the corridor.
Conclusions: The proposed use of the site as a Dry Cleaning and Laundry Facility is
consistent with the general principles and proposals of the LUPP. It can be
concluded that the use meets General Standard (i) for a Special Use Permit.
(i i) 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: The site is currently vacant property. Formerly the site included
residential structures. Within the area there are a mix of uses in the vicinity of the site:
Community Choice Credit Union (west), residential dwelling owned by applicant
(south), Ames Motor Lodge (east), WC] Pools & Spa [showroom], Ames Cars.com
[automotive repair and sales], Magic Mufflers & Brakes, and City's Resource
Recovery Plant (north). Building fapades vary greatly but generally include features
along the street frontage such as, windows, roofline changes, and a variety of
materials.
The proposed building will be a single use one-story prefabricated metal building with
fagade components that fit within the context of E. Lincoln Way (see Attachment `B').
Conclusions: The use of the site does not create conditions which cause a conflict
nor which alter the intended commercial character of the surrounding area. The scale
of the proposed commercial use fits the intent of the zoning district. 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: The applicant states that the dry cleaning process is
environmentally safe. All cleaning material is recovered and reused. The use of
perch loroetheylene (commonly referred to as "perc") is not used in this cleaning
process. The cleaning is not hazardous or disturbing to existing or future uses in the
vicinity.
Conclusions: The environmentally friendly operation of the Dry Cleaning and Laundry
Facility makes it non-hazardous nor disturbing to other uses adjacent to the site or
permitted within the HOC zone. It can be concluded that the use meets General
Standard (iii) for a Special Use Permit.
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(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.
Findinqs of Fact: The site has access to all utilities and other services supplied by
either the City of Ames or by other vendors operating in the City. Access to the site is
proposed from High Avenue with a connection to the adjacent alley on the east side
of the site. Other users to the south also make use of the alley for access. There will
not be any access off of E. Lincoln Way which is an arterial.
Conclusions: The site will be adequately served by police, fire, water, sewer,
drainage, refuse. As a commercial facility, it will have no impact to school enrollment.
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 site is a redevelopment site. No additional fire or police
resources will be required to serve the proposed use.
Conclusions: This use will not require any public cost for public facilities or services. 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 applicant states that the cleaning process is a closed loop
system and that there will be no contact with chemicals. The process is not
detrimental to any person, property or the general welfare. There is no noise, smoke,
fumes, glares or odors.
The site is located on an arterial street that is intended to serve heavy traffic; the
entrance to the facility is on a side street and the exit is on the side street and alley.
Traffic levels for the scale of operation can be accommodated by the existing street
infrastructure. Deliveries will be limited in nature and situated for loading off of the
alley.
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 or 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 Highway-Oriented Commercial (HOC) Zone includes a full
range of retail and service businesses which may include a city-wide market and
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which are primarily auto-accommodating. Development Standards are intended to
promote a pleasant street appearance and development that is aesthetically pleasing.
Dry Cleaning and Laundry Facilities are generally an industrial use but are allowed
within the HOC zone by Special Use Permit. The proposed dry cleaning and laundry
facility and site layout is consistent with the intent and purpose of the HOC zone.
Conclusions: The building as proposed fits the character of a commercial use. The
building scale, layout, and operations of the site meet the purpose and intent of the
HOC zone. 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 use fits the criteria of what could be expected in a
Highway- Oriented Commercial zoning district. Future redevelopment of the area is
difficult to predict and properties in the area include a mix of intensities; however, the
applicant indicates that the area of the Dry Cleaning and Laundry Facility may be
expanded in the future into adjacent parcels to the south, owned by the applicant.
Conclusions: The proposed use is compatible with the use of properties in the
general area. The proposed architecture of the building is compatible with that of a
commercial retail building. It can be concluded that the use meets Commercial
Zone Standard (i) for a Special Use Permit.
(i i) 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: Mayfair Cleaners is relocating from their existing rented location on
Lincoln Way. They have stated that the existing location is too small and there are
traffic congestion issues. Their existing location will likely redevelop in the future
under the Downtown Gateway Commercial zoning.
There will be no loss of commercial land. The new use at the proposed location will
include a Dry Cleaning and Laundry Facility with retail operation. This is an
appropriate use for this location and within HOC.
A dry cleaning facility is a desirable service for the community's needs. Mayfair is
currently the only dry cleaning processing facility in Ames. Other businesses that
offer dry cleaning pick-up/drop-off service, ship items to out-of-town facilities for
processing. The acreage for the proposed facility is only 0.31 acre.
Conclusions: The proposed development does not result in the loss of commercial
land. It can be concluded that the use meets Commercial Zone Standard (ii) for
a Special Use Permit.
(iii) Be consistent with all other applicable standards in the zone.
Findings of Fact: The proposed site plan and use is consistent with all applicable
standards in the HOC zone. The site plan has received staff DRC approval. The only
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exception from the applicable standards is a request to reduce the 3 foot minimum
pavement setback to allow a zero setback. A separate agenda item addresses this
exception request.
Conclusions: The proposed site plan is in compliance with all applicable standards of
the HOC zone and zoning ordinance. It can be concluded that the use meets
Commercial Zone Standard (iii) 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
304 and 308 E. Lincoln Way to allow the use of a 2400 square foot Dry Cleaning and
Laundry Facility in the Highway Oriented Commercial (HOC) zone by adopting the
findings and conclusions noted above, and with the following conditions:
a. Use of the building and site are for a dry cleaning and laundry facility that does
not use perchloroetheylene (commonly referred to as "perc")
b. Changes or expansion of the use, facility, or layout of the site, requires an
amendment to the Special Use Permit.
2. The Zoning Board of Adjustment can approve this request for a Special Use Permit at
304 and 308 E. Lincoln Way 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
304 and 308 E. Lincoln Way 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 Dry Cleaning and Laundry Facility, at 304 and 308 E.
Lincoln Way are consistent with the Dry Cleaning and Commercial Laundry Facility
Standards and the general and specific commercial standards required for granting a
Special Use Permit. The general area is developed area with a mix of commercial and
residential uses and the proposed use can operate in manner that is compatible with the
surrounding uses. Site improvements including landscaping will further make the use more
attractive for its adjacent neighbors and those viewing the site from E. Lincoln Way.
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 & Zoning Map
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LOCATION & ZONING MAP
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Attachment 'B'
(Site plan and elevation drawings under separate cover)
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