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HomeMy WebLinkAboutA005 - Staff Report dated November 8, 2018 ITEM #: 2 DATE: 11-14-18 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: November 8, 2018 CASE FILE NO.: SUP-000551 REQUEST: A Special Use Permit to allow a religious institution on the second floor of an existing building at 300 Main Street PROPERTY Bradford Williams, LLC OWNER: LOCATION: 300 Main Street (2nd Floor) (See Attachment A) ZONING: Downtown Service Center (DSC) BACKGROUND AND PROJECT DESCRIPTION: The applicant has requested a Special Use Permit (SUP) to operate a religious institution (Graceway Church of God) on the second floor at 300 Main Street. The second floor is approximately 1800 square feet and currently demised into several smaller rooms. A floor plan is included (Attachment B). This site is located on the southwest corner of Main Street and Kellogg Avenue. The building is located in the middle of the downtown/Main Street business area. In conversations with the applicant, it was explained that Graceway Church of God operates in a small group setting, rather than a large traditional Sunday service. There is currently three office staff that would utilize the space during the week. The operation of the church is described as groups meeting for 12 weeks, with a four week break before a new session begins. Meetings would occur throughout the year. Small group sessions are provided for 5-20 peop[e at a time throughout the week in 12 week sessions. The small group sessions will be held mostly in the evenings, but no specific limits on times are proposed. Parking is not required in the DSC district for religious institutions. Parking would be available on street or in the public parking lot to the south of the building, as is typical for most downtown uses. If the use was located outside of DSC zoning, it would require either 1 space per four seats in a worship/gathering area or 1 space per 60 square feet of worship/gathering area. Most church activities will be held during non-peak commercial hours and would not impact existing uses in the area. The applicant believes that any church activities that may occur during the primary weekday commercial business hours of Main Street would be smaller in attendance. The applicant is not proposing any changes to the exterior of interior of the building. if the Special Use Permit is approved they will need to obtain any necessary inspections or permits 1 from the Inspection Division. The review would be for both Building and Fire Code compliance determinations. 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. A phone call was received from a noticed property owner reiterating the downtown parking concerns of lack of availability. APPLICABLE LAW: Chapter 29, Section 29.1503(4)(a),(b), 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 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 residential 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 Graceway Church of God meets the requirements for a Special Use Permit. FINDINGS OF FACT & CONCLUSIONS: Based upon the submitted site and architectural plans and in addition to the facts provided in the application, the following findings of fact and conclusions may be made regarding the standards of approval. 2 f General Standards. (1) 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 focus of Goal No. 8 of the Land Use Policy Plan (LUPP) is to expand and strengthen the role of Downtown as a community focal point ... Objective B.A. states that "Ames seeks to maintain and enhance a strong central activity center through the intensification, expansion and diversification of uses including visitor attraction, entertainment, high density residential, offices and business support services." Conclusions: The proposed church helps to fulfill the LUPP policy by expanding the diversity of uses within downtown without having a negative impact on existing uses. The location on the 2nd floor maintains the ground floor for typical commercial uses. It can be concluded that the development 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: The surrounding area is comprised of a variety of commercial retail/service and office types of uses. The church will be located upstairs in an existing building with no plans of exterior or interior changes to the building. A church is an institutional use that the Zoning Code recognizes as compatible with commercial uses when designed to meet these requirements for a Special Use Permit. Conclusions: The use will be located in an existing building that is compatible with its surroundings. The peak intensity of use will occur on weekends when there is minimal traffic concerns or other operating business that may be disrupted by the influx of attendees. The size of the use will not create substantial peak periods of regular use as described by the applicant. No parking is required for the use, visitors to the facility would park within any available public parking spaces. It can be concluded that the development 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 primary existing uses in the general vicinity are commercial retail/service and office uses. The hours/days during which the greatest amount of traffic will access the church site will be during off-peak times for many of the surrounding businesses. Church uses, in general, are not considered a nuisance as neighbors to commercial businesses. There is some public concern about the amount of available 3 parking in the downtown area. The church's busiest times will be on the off hours of most retail businesses. Conclusions: Use of the second floor of the building as a church, should not be disturbing or hazardous to existing and future uses in the area as it is an allowed institutional use and deemed compatible to those existing uses. Prior to occupancy of the space there is a need to determine compliance with the Fire Code for occupancy requirements and if there are any needed improvements. The peak visitor times of the church will not overlap with most other retail/commercial businesses in the area. Therefore, availability of parking should not be impacted by the church use. It can be concluded that the development 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, andlor schools. Findings of Fact: All City services are available to the site, and no additional service connections, or public easements are needed for the proposed use. Conclusions: This property is adequately served by essential public facilities and services. It can be concluded that the development 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: No public improvements are required for this use to be at this location. No changes to the property are being proposed.. Conclusions: This use will not create additional requirements at a public cost for public facilities. It can be concluded that the development 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: As an institutional use, the proposed church will not produce any of the detrimental factors identified in this standard. This use with a smaller congregation can be accommodated on the site as proposed. Additionally, staggering of multiple services or events will allow for the facility to operate without traffic concerns to other nearby sites. Additionally, the types of businesses within DSC zoning immediately adjacent to the site would not be sensitive to noise or traffic. Conclusions: It can be concluded that the development meets General Standard (vi) for a Special Use Permit. 4 (vii) Be consistent with the intent and purpose of the Zone in which it is proposed to locate such use. Findings of Fact,: The primary purpose of the DSC zone is to accommodate commercial office and trade uses in a traditional Main Street format. The proposed use as a "place of worship" is listed as a use allowed in the DSC zone, provided the use meets the minimum standards for approval of a Special Use Permit. Conclusions: In this instance, the site and area provide for a variety, of commercial and service uses and adding the church can be found to be consistent with the intended mix of uses for the DSC zone, given the smaller size of the congregations and that no changes are proposed to the building or site. Locating the use on the second floor does not detract from the regular use of the ground floor for traditional commercial uses. It can be concluded that the development meets General Standard (vii) for a Special Use Permit. Commercial Zone Standards. i Be compatible with the potential commercial development and use of property O P P P P P rtY planned to occur in area; Findings of Fact: The downtown area is a vibrant and active commercial area. The proposed church would mostly operate at opposite times of the peak retail hours. The addition of this use will not impact other uses. Conclusions: The proposed use as a church is compatible with the downtown area in terms of the exterior appearance of the building and given that the hours of greatest use of the site will occur during times the other nearby businesses are either closed, or have lower demand for services. The second floor location does not interrupt commercial development patterns along the ground floor of Main Street It can be concluded that the development 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: Churches of various sizes are located in many residential and commercial zoning districts across the City, but many have difficulty finding new sites because of lack of availability in these zones. The City supports a variety of social/cultural uses in the City to support overall quality of life and balances their needs with potential effects on economic development opportunities. In this instance, there is vacant floor area that may not be as desirable to commercial/retail uses. Allowing a church does not substantially change the inventory of available commercial land in the city. Conclusions: It can be concluded that the development meets Commercial Zone Standard (iii) for a Special Use Permit. (iii) Be consistent with all other applicable standards in the zone. 5 Findings of Fact: There are no proposed changes to the site and parking is not required for this use, therefore it is consistent with applicable standards within the DSC zone. Conclusions: It can be concluded that the development meets Commercial Zone Standard (iii) for a Special Use Permit. ALTERNATIVES: 1. The Zoning Board of Adjustment can approve the request for a Special Use Permit to allow the use of the second floor of the existing building at 300 Main Street as a religious institution, Graceway Church of God, subject to the following condition: a. Prior to operating the use, receive confirmation of compliance from the Inspections Division for building occupancy requirements. 2. The Zoning Board of Adjustment can deny the request for a Special Use Permit to allow the use of the second floor of the existing building at 300 Main Street as a religious institution, Graceway Church of God, by finding that the proposal does not meet the criteria of Section 29.1503(4). 3. The Zoning Board of Adjustment can refer this request back to the applicant or to City staff for additional information. RECOMMENDED ACTION: No changes are being proposed to the exterior or interior of the building at this time. The location on the second floor does not detract from traditional commercial opportunities along Main Street. A change in use may require some interior changes in order to comply with City building an fire code requirements as determined by the Inspections Division. Assuming those changes can be met, if applicable, staff concludes that the proposed use of the existing building at 300 Main Street as a religious institution, Graceway Church of God, is consistent with the general and specific commercial standards required for granting a Special Use Permit. 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. 6 Attachment A Location Map A. Li{ zW D ry 5TH ST .�� � x MAtN sT�� *� 300 Main Street H RM a x << a i a' � �'''� * °��• �, �"r� !'-":�-w.�'�.W�� .,�- ;:..�� .Gt< f P' ;�r r'� 4 \"�',:'Yy 6 ,��".M2�""z` y r��r` k��'. vss fed 3 , �rtsF$�`-s` lap p.� T L iiv- a r _ r 300 Main Street Attachment B 2na Story Floor Plan �J o «S M All XIL N +4, rZ�h mow, :.0 „9i L S N r6 v 00 8