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HomeMy WebLinkAboutA005 - Staff Report dated May 22, 2019 (2) ITEM #: 3 DATE: 05-22-19 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: May 5, 2019 CASE FILE NO.: SUP-000612 REQUEST: A request for a Special Use Permit to allow Enlargement of a Nonconforming Use in the RH (Residential High Density) Zoning District. PROPERTY OWNER: Ames Community Theater (ACTORS, Inc) c/o Mike Jackson CONTACT: Nick Hulstrom, RMH Architects LOCATION: 120 Abraham Drive ZONING: "RH" (Residential High Density Zone) BACKGROUND AND PROJECT DESCRIPTION: Project Description. The applicant, Nick Hulstrom of RMH Architects, is requesting a Special Use Permit to allow "Enlargement of a Nonconforming Use in a Residential Zone"for Ames Community Theater (ACTORS). The property at 120 Abraham Dr. is the permanent location of ACTORS which operates a community theater. ACTORS has been located at 120 Abraham Dr. since 1978 (see Attachment A, Location Map). At that time, the zoning for the property was "G-C" (General Commercial) and the use of the property as a community theatre was allowed. zoning was eliminated when the code was revised in 2000. Current Zoning. The property at 120 Abraham Dr. is located at the edge of the "RH" (Residential High Density) zoning district (see Attachment B: Zoning Map), adjacent to "RL" zoned (Residential Low Density) properties to the south. The "RH" zone allows for a variety of residential housing types from single-family to apartment dwellings. Community theater is categorized as an "Entertainment, Restaurant and Recreational Trade" use within the Zoning Ordinance and is not an allowed use within the "RH" (Residential High Density) zone. The rezoning of the property from "G-C" to ''RH" zoning made both the building and its use "nonconforming" meaning that the use existed as a lawfully established use, prior to 1 adoption of the current zoning for the property. The building was built with a 15' rear setback as required under 'G-C": the rear setback requirement in "RH' is 20'. The site is also nonconforming for parking design and landscaping requirements of the Zoning Ordinance. Article III of the Zoning Ordinance includes standards regulating nonconformities. Nonconforming uses may continue and are allowed to expand on a limited basis when there is not an increase in intensity and the building enlargement complies with zoning standards, including a limitation on a maximum expansion of 125% of the existing floor area. A Special Use Permit is required to approve an expansion to determine if the project is compatible with the surroundings. In addition to use and structure nonconformities, other nonconformities related to site improvements are required to be approved as practicable, but are not required to come into full conformance with changes to the site. Other nonconformities include features such as parking, landscaping, lighting, etc. Building Expansion. The existing building is 80' x 80' with a first floor area of 6400 sq. ft. and a second floor area of 2689 sq. ft.. totaling 9.089 sq. ft. The applicant wishes to add an 18' addition to the front of the building, increasing the first floor area by 1 .195 sq. ft. and the second floor area by 1 .076 sq. ft., with a total of 2,271 sq. ft. The expansion is limited to no more than 2272.25 sq. ft. The proposed addition is just under the maximum allowed square footage The proposed first floor addition will be utilized for an entry corridor, entry vestibule. and gathering space. The second floor addition will be utilized for costume storage space. The intensity of use is based upon seating capacity and as a nonconforming use cannot be expanded. The current seating capacity of the theatre is 136. The expansion will not increase the seating capacity. It will remain at 136. An expansion to the building can only be allowed if it does not increase the nonconformity, meaning that the building can expand only in the direction where the building meets the required setback. The proposed expansion is at the front of the building or to the north where the setback is not constrained. Street and Sidewalk Connection. Abraham Dr. and Todd Dr. are local streets. with low volumes of traffic. A sidewalk exists along the front of the property. A proposed sidewalk connection has been included between the public sidewalk and the building, as required in the Zoning Ordinance. Parking. Required parking is calculated at one space per 5 seats for a total requirement of 28 spaces. The portion of the parking lot at the entrance to the site is proposed to remain with its existing pavement and current dimensions The existing parking in the front is nonconforming for its location and lack of front yard landscaping, however it may be allowed to remain and only required to be improved as practicable. Restriping will occur to bring the spaces and drive aisle into compliance with code along with coordination of the walkway installation. The rear parking lot improvements are proposed to increase in size to meet parking space and drive aisle dimensions into 2 compliance with the code. The proposed changes will also result in accommodating a total of 40 parking spaces, including two ADA accessible spaces. Lighting. The expanded parking lot will include parking lot lighting. A photometric plan and lighting cut sheets indicate that the lighting will be in compliance with the code for control of up lighting and light trespass. Lighting is also proposed on the building itself. Included are four lights above an area desired for display of temporary banner signage. Additionally, accent lighting with LED neon-flex red and blue strip lighting is proposed to highlight the building fapade and building marquee. Although this type of lighting is generally permissible in commercial areas, as a residential zoned area, the special use permit allows for scrutiny of the lighting proposal for compatibility with the residential surroundings. The greatest impact would be to the residence on the west side of the site. The residence (addressed as 200 & 202 Abraham Dr.) is a duplex. The applicant indicates that the building and accent lighting will only be illuminated 40 nights a year. This will include actual show evenings, dress rehearsals, season announcement and donor appreciation evenings. Lights will be turned off by 10:30 PM. The applicant notes that during the summer months the illumination will be for a shorter period of time, given the lengthened daylight hours. Landscaping. The total area of site landscaping provided on the proposed site plan is approximately 19.4%. This would exceed a typical commercial zone standard of 15%. The area proposed for grass, trees & shrubs equates to 7,252 sq. ft. The expansion of the parking lot requires the inclusion of a landscape high screen between the parking and the adjacent residential properties. The applicant is proposing a 6' privacy fence along the south and west property perimeter as part of the high screen, along with seven overstory trees and 15 high screen shrubs. The seven overstory trees also meet the parking lot tree requirement. Existing shrubbery on the adjacent property at 200/202 Abraham Dr. helps screen and buffer the "RL" (Residential Low Density) zoned lot from the more intense theater use. The code provides flexibility for constrained nonconforming redevelopment sites and indicates that although full compliance may not be achievable, all sites must advance towards compliance with current requirements in terms of location of plantings and quantity of plantings. The landscape plans meet the required landscaping for the new parking area. However, no front yard landscaping has been included. The existing entrance drive and pavement will remain in the area between Abraham Dr. In this area, most of the area is already paved, leaving little room for landscaping. To add front yard landscaping would require some of the existing pavement to be removed along Abraham Drive and would result in a reduction of at least one parking space. 3 APPLICABLE LAW: Applicable sections of Chapter 29, Section 29.307 of the Municipal Code state the following.- Section 29.307. NONCONFORMITIES. (1) General. (a) Purpose. It is the general policy of the City to allow uses, structures and lots that came into existence legally, in conformance with then-applicable requirements, to continue to exist and be put to productive use, but to mitigate adverse impact on conforming uses in the vicinity. This Section establishes regulations governing uses, structures and lots that were lawfully established but that do not conform to one or more existing requirements of this Ordinance. The regulations of this Section are intended to: (i) Recognize the interests of property owners in continuing to use their property; (ii) Promote reuse and rehabilitation of existing buildings; and (iii) Place reasonable limits on the expansion of nonconformities that have the potential to adversely affect surrounding properties and the community as a whole. (2) Nonconforming Uses. Any use of any structure or lot that was conforming or validly nonconforming and otherwise lawful at the enactment date of this ordinance and is nonconforming under the provisions of this Ordinance or that shall be made nonconforming by a subsequent amendment, may be continued so long as it remains otherwise lawful, subject to the standards and limitations of this Section. (a) Movement, Alteration and Enlargement. No increase of intensity of use is permitted except in conjunction with the allowances of subsection b and c. Increase of intensity means any of the following: (i) increase to the amount of floor area for a non-Household Living use, (ii) an increase in the horizontal or vertical dimensions of a non-Household Living use (both indoor or outdoor), (iii) a change in operation of a non-Household Living use that requires corresponding improvements to the site, (iv) an increase in the amount of building coverage for a manufactured home, single or two-family dwelling as Household Living, (v) an increase in the number of apartment dwelling units, SRO, and other self-contained dwelling units as Household Living, and (vi) an increase in the number of bedrooms for an apartment dwelling unit, SRO, and other self-contained dwelling units as Household Living. (b) The building area, floor area, or dimensions of a nonconforming use may not be enlarged, expanded or extended to occupy parts of another structure or portions of a lot that it did not occupy on the effective date of this Ordinance, unless the enlargement, expansion or extension complies with all requirements for the zone, does not create an additional 4 nonconformity, and is approved for a Special Use Permit by the Zoning Board of Adjustment pursuant to the procedures of Section 29.1503, excluding 29.1503(4)(b)(vii) of the Review Criteria General Standards, and subject to subsection c. (c) Any building or structure containing a nonconforming use may be enlarged up to 125% of the floor area existing on the effective date of this ordinance, provided that the expanded building or structure complies with all development standards of the zone in which it is located. An increase in intensity of operations, dimensions, dwelling units, or apartment bedrooms shall not be specially permitted. The enlargement of a nonconforming use that has the effect of making a structure nonconforming, shall not be specially permitted pursuant to Section 29.1503, but rather shall be construed as a request for a variance, subject to the procedures of Section 29.1504. (3) Nonconforming Structures. A nonconforming structure that lawfully occupies a site on the effective date of this Ordinance that does not conform with the Zone Development Standards of the underlying Zone or the General Development Standards of this Ordinance may be used and maintained, subject to the standards and limitations of this Section. (d) Enlargement and Expansion. A nonconforming structure may not be enlarged, expanded or extended unless the enlargement, expansion, or extension conforms to the requirements of this ordinance. (5) Other Nonconformities. (a) Examples of Other Nonconformities. The types of other nonconformities to which this Section applies include: (i) Fence height or location, (ii) Lack of buffers or screening; (iii) Lack of or inadequate landscaping; (iv) Lack of or inadequate off-street parking, and (v) Other nonconformities not involving the basic design or structural aspects of the building, location of the building on the lot. lot dimensions or land or building use. Development that is consistent with a Site Development Plan approved before the date that this Ordinance became effective shall be deemed to be in conformance with this Ordinance to the extent that it is consistent with the approved plan and to the extent that such plan or conditions imposed thereon directly addresses the specific issue involved in the determination of conformity. However. redevelopment of a site with a prior Site Development Plan approval must conform to the current zoning standards for issuance of a new certificate of compliance. (b) Policy. Because nonconformities such as those listed above involve less investment and are more easily corrected than those involving lots, buildings and uses. it is generally the policy of the City to eliminate such other nonconformities as quickly as practicable. Practicable improvements take in to account current conditions, planter dimensions, building spacing and scope of improvements proposed for a property. Front yard landscaping parking lot landscaping and screening shall be reviewed in 5 h instance where new or redevelopment is each proposed with a Site p Development Plan. Although full compliance may not be achievable, all sites must advance towards compliance with current requirements in terms of location of plantings and quantity of plantings. (c) Increase Prohibited. The extent of such other nonconformities shall not be increased without a variance. Chapter 29, Section 29.1503(1) & (4)(a),(b) and (e) of the Municipal Code state the following.- Sec. 29.1503. SPECIAL USE PERMIT. (1) Purpose. This Section is intended to provide a set of procedures and standards for specified uses of land or structures that will allow practical latitude for the investor or developer, but that will, at the same time, maintain sound provisions for the protection of the health, safety, convenience and general welfare. This Section permits detailed review of certain types of land use activities that, because of their particular and unique characteristics, require special consideration in relation to the welfare of adjacent properties and to the community as a whole. Land and structural uses possessing these characteristics may be authorized within designated zones by the issuance of a Special Use Permit. This Section also provides for the use of Single Family Dwellings, Two Family Dwellings, and Single Family Attached Dwellings by a Functional Family. (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 subsections (b), (c), and (d) 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: (i) 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; 6 (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, 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. (b) Residential 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, as well as those set forth in Section 29.1503(4)(a) above and, in addition, shall find adequate evidence that each use in its proposed location will: (i) Not create excessively higher levels of traffic than the predominant pattern in the area and not create additional traffic from the proposed use that would change the street classification and such traffic shall not lower the level of service at area intersections; (ii) Not create a noticeably different travel pattern than the predominant pattern in the area. Special attention must be shown to deliveries or service trips in a residential zone that are different than the normal to and from work travel pattern in the residential area; (iii) Not generate truck trips by trucks over 26,000 g.v.w. (gross vehicle weight) to and from the site except for waste collection vehicles and moving vans; (iv) Not have noticeably different and disruptive hours of operation; (v) Be sufficiently desirable for the entire community that the loss of residential land is justifiable in relation to the benefit; (vi) Be compatible in terms of structure placement, height, orientation or scale with the predominate building pattern in the area; (vii) Exempt and (viii) Be consistent with all other applicable standards in the zone. (e) Conditions. The Board may impose such additional conditions as 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 enlargement of a nonconforming use meets the requirements for a Special Use Permit. 7 FINDINGS OF FACT & CONCLUSIONS: Based upon the facts provided in the application, and the plans and photographs included with 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. ACTORS has been located at 120 Abraham Dr. since 1978. The theater has established themselves as a hub for local theater in Ames, fueled by the people of Ames. The patronage and talents of those in and around Ames play a large part in the theater's success both on and off the stage. The subject property is designated as 'High-Density Residential" on the Land Use Policy Plan (LUPP) Future Land Use Map. Properties to the north in this area are designated as "High-Density Residential' and properties to the south are illustrated as "Low-Density Residential" on the LUPP Map. There are higher design expectations for commercial areas to present attractive and compatible commercial environments. The site redevelopment will result in a property with an improved front building facade, improved site circulation and increased landscaping over what currently exists. Conclusions: Although the Land Use Policy Plan indicates the future land use as High-Density Residential.. the property is continuing as a nonconforming use. ACTORS theater has been in this location since 1978. The site rehabilitation will result in a property with an improved appearance and site circulation over what currently exists. Therefore, it can be concluded that the property 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 existing building is a metal storage/warehouse style building which lacks any design enhancement or aesthetic features. The proposed addition to the building will not only enhance how the building performs but, according to the applicant, "will reinforce its place and image as a performing arts theater. The scale will balance between the residential high and low densities in an effort to feather that transition from one type to the other. Stucco and brick were chosen as the primary cladding because they resonate more with the materials of the surrounding neighborhoods. The way the building is detailed will help distinguish it amongst the other structures in the area. The seating capacity of the building will remain at 136. 8 Operationally the site will be more suitable for two-way traffic in and out of the site, after the drive aisles are widened and the new parking lot area added. The applicant indicates overflow parking is often utilized west of the site with patrons walking onto the site. The current configuration has discouraged patrons from parking in the lot, due to the tight layout of the lot. By making the lot more accessible, fewer cars will potentially be parking in the street. The new lot will exceed the recommended number of stalls and should keep most of the traffic within the site as opposed to sprawling down the adjacent streets, as in the past. Front and landscaping and front yard parking are existing nonconforming conditions. These are fundamentally unchanged with the proposed design. Adding front yard landscaping would minimize a nonconformity, result in the loss on of the proposed parking spaces. A walkway from the sidewalk to the building is included with the design. The addition of lighting to the site will change its evening appearance, which the application indicates will occur 40 nights a year. Conclusions: Along with expanding the building floor area, the property owner is improving the appearance of the building's front fapade to make it appear more as a community theater and less as a metal warehouse building. The expansion of the building floor area will not increase the seating capacity of the building (intensity of use). With these improvements the use is very clearly commercial in design and reinforces the use of the site as a theater, but it does not change the intensity of use based upon seating or presumably create more opportunities for performance within a given year. Given the existing conditions, scale and appearance of the building, and existing level of activity, the proposed expansion can be found to be compatible with its surroundings and it can be concluded that it meets General Standard (ii) for a Special Use Permit. Not be hazardous or disturbing to existing or future uses in the same general vicinity. Findings of Fact: The site will be screened and landscaped along its south and west perimeter to buffer the surrounding residential properties from the parking lot expansion. The main impact upon neighboring properties will be additional parking lot lighting and the introduction of building lighting. The proposed lighting is in compliance with the Ames' Outdoor Lighting Code regarding limits on up lighting (night sky protection). The Applicant indicates that ACTORS has always had a good relationship with their neighbors and will continue to foster that relationship by communicating with them on the upcoming changes. Conclusions: The proposed expansion of the building as a community theater should not be disturbing or hazardous to existing and future uses in the area based upon no increase in intensity of use and the inclusion of appropriate buffering. Therefore, it can be concluded that the property meets General Standard (iii) for a Special Use Permit. 9 (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: No extension of utilities is required, as the existing building/site is currently being served and no changes will be made to the building/site that would affect the public facilities. Vehicular access to the site will be improved with a two-way access drive that is proposed to circulate through the parking lot. Stormwater management improvements are not required, but some site grading will be done to control water run-off and direct it to the natural drainage way on the site. Conclusions: This property is already served by essential public facilities and services. Therefore, it can be concluded that the property meets General Standard (iv) for a Special Use Permit. I' t (v) Not create excessive additional requirements at public cos for public facilities or services. Findings of Fact: There will be no additional need for public facilities and services with this project. Conclusions: The use will not create any additional demand for additional public facilities. Therefore, it can be concluded that the property 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: Operations will carry on as they have in the past. Traffic will access the site from Abraham Dr. and Todd Dr. The expansion of the floor area will not cause any increase in neighborhood traffic, as the seating area will be maintained at its current capacity of 136. Parking lot lighting includes cut-off lighting fixtures proposed on 20' poles. This will minimize the possibility of light trespass and glare for adjacent residents and means that no light will shine up into the night sky. The primary lighting compatibility issue includes the lighting of the building. This is new element that is not typical of as residential area. Conclusions: The impact of the existing non-conforming use will improve given the proposed site improvements. Staff recommends that limitations on building lighting be proposed to assure compatibility with the surroundings. Therefore, it 10 can be concluded that the property 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 existing and proposed commercial use of the building is not a permitted use within the "RH" (Residential High Density) zoning district. The current use is proposed to continue as a nonconforming use. Conclusions: Since the proposed use is "nonconforming," it is not possible to meet the intent and purpose of the "RH" zone. However, the continued operation of a nonconforming use is permissible. Limited enlargement of a nonconforming use is allowed within the provisions of the Zoning Ordinance. This applies to all zoning districts. Per the standards of expanding a nonconforming use, it must not exceed 125% of the existing floor area; it must comply with all requirements for the zone, it must not create additional nonconformity, and it must be approved for a Special Use Permit by the Zoning Board of Adjustment (see Section 29.307(2)(a)(i)a). Although the nonconforming use does not meet criteria for the base zone, since the use is "nonconforming," it does meet the intent of the Zoning Ordinance to allow for continued use of a property with limited rehabilitation and expansion opportunities when it is found to be compatible with the surroundings. On this basis, it can be concluded that the property meets the General Standard (vii) for a Special Use Permit. Residential Zone Standards. (i) Not create excessively higher levels of traffic than the predominant pattern in the area and not create additional traffic from the proposed use that would change the street classification and such traffic shall not lower the level of service at area intersections. Findings of Fact: Capacity of the use is not changing. There will be no added traffic by the building/parking lot expansion. However, the new parking lot layout will improve the traffic flow both in and out of the site. Additionally, the site will have pedestrian access to the public sidewalk at the street. Conclusions: Traffic volumes accessing the subject property will continue as existing and will not exceed the capacity of the adjacent streets. The street network will be able to maintain its current street classification and level of service. It can be concluded that the development meets Residential Zone Standard (i) for a Special Use Permit. (ii) Not create a noticeably different travel pattern than the predominant pattern in the area. Special attention must be shown to deliveries or service trips in a residential zone that are different than the normal to and from work travel pattern in the residential area. 11 Findings of Fact: The use and function of the building/site will not be changing. ACTORS has been at this location since 1978. The existing travel patterns to the site have long been established and are not expected to change. Customers of the business, as well as delivery or service vehicles, will access the site from either Abraham Dr. or Todd Dr. Conclusions: The existing travel patterns to and from the site are supporting with the current street infrastructure and may continue as it has been since ACTORS began at this location in 1978. Therefore, it can be concluded that the proposed use meets the Residential Zone Standard (ii) for a Special Use Permit. (iii) Not generate truck trips by trucks over 26,000 g.v.w. (gross vehicle weight) to and from the site except for waste collection vehicles, food delivery vehicles, and moving vans. Findings of Fact: No trucks over 26,000 g.v.w. (gross vehicle weight) are anticipated at the site other than waste collection vehicles. Conclusions: Since vehicles serving the site fall within the maximum allowed weight, it can be concluded that the development meets Residential Zone Standard (iii) for a Special Use Permit. (iv) Not have noticeably different and disruptive hours of operation. Findings of Fact: Hours of operation will continue as they have and will not be changing. The addition of exterior building lighting and additional parking lot lighting could be disruptive to residential neighbors. The applicant indicates that the building lighting will only be illuminated 40 nights a year, which includes actual show evenings, dress rehearsals. season announce evening and donor appreciation evenings. Lights will be turned off by 10:30 PM. As previously stated, ACTORS has been in this location for over 40 years and has a good relationship with their neighbors, which they intend to continue. Conclusions: Hours of operation will continue as they have and will not be changing. Use of exterior building lighting will be minimized to be illuminated no more than 40 nights a year and turned off by 10:30 PM. Therefore, it can be concluded that the proposed use meets the Residential Zone Standard (iv) for a Special Use Permit. (v) Be sufficiently desirable for the entire community that the loss of residential land is justifiable in relation to the benefit. Findings of Fact: The existing site has been the location of the ACTORS community theater, since 1978. The proposed expansion is located within the 12 existing property boundaries, so no loss of land for residential development will occur. Conclusions: Since there will be no loss of residential land, it can be concluded that the development meets Residential Zone Standard (v) for a Special Use Permit. (vi) Be compatible in terms of structure placement, height, orientation, or scale with the predominate building pattern in the area. Findings of Fact: The applicant wishes to add an 18' addition to the front (west side) of the existing building. increasing the first floor area by 1 ,195 sq. ft. and the second floor area by 1 ,076 sq. ft., with a total of 2,271 sq. ft. The expansion is limited to no more than 2272.25 sq. ft. The proposed addition is just under the maximum allowed as a nonconforming use. The addition will include a stepped parapet wall and marquee over the entrance. The marquee will be the tallest element of the building with a proposed height of 32'-6". The remainder of the building will have a 23' height. "RH" (Residential High Density) zoning allows a height of 100 feet (or 9 stories) and the adjacent "RL" (Residential Low Density) zoning district allows a height of up to 40'. The tallest part of the proposed addition is less than even the "RL" maximum height requirement. The applicant has purposefully attempted to propose a height that "fits" within the context of this site. Conclusions: The proposed changes to the building and site plan have been thoughtfully proposed to fit (as much as possible as a nonconforming use) within the context of the area. The proposed scale of the structure in consistent with height standards of the RH zone. Therefore, it can be concluded that the development meets Residential Zone Standard (vi) for a Special Use Permit. (vii) Exempt (viii) Be consistent with all other applicable standards in the zone. Findings of Fact: As a preapproved nonconforming use, the theater will continue to function as it has in the past. There is no change in the use or capacity of the existing building. Enlargement of a nonconforming use in a residential zone is limited to 125% of the existing floor area and requires approval of a Special Use Permit, based upon the SUP criteria in Section 29.1503, by the Zoning Board of Adjustment. The proposed addition complies with the area criteria. The new parking expansion complies with the parking space and aisle dimensions and required landscaping. The pavement area off of Abraham Drive and Todd Drive will be retained and restriped to comply with 13 parking space and aisle dimensions and will include also include a pedestrian connection to the public sidewalk. However, given the existing pavement and site constraints, no front yard landscaping is included by the applicant and no parking screening is included to the south. The landscape screening that exists is on the adjacent property. To include any front yard landscaping would result in the loss of at least one parking space and would reduce the visibility of the theater from the street. Also, having front yard landscaping between the parking spaces and the driveway curb cut. would help improve separation from the sidewalk for safety and provide maneuvering space. Conclusions: To maximize the consistency of nonconforming uses with permitted uses, it is important to comply with as many of the development standards of the -RH- zoning district, as possible. Therefore, it is staff's recommendation that as a condition to the Special Use Permit approval, front yard landscaping be cut out of the existing pavement and planted with one overstory tree and seven low shrubs, to comply at least in part, with the front yard landscaping requirement. With this condition, it can be concluded that the development meets Residential Zone Standard (viii) for a Special Use Permit. PUBLIC COMMENTS: Notification was made to all owners of property within 200 feet. In addition, a notice of public hearing was placed on the subject property. To date, only inquiries have been received, and there have been no objections to the granting of the Special Use Permit. ALTERNATIVES: 1 . The Zoning Board of Adjustment can approve this request for a Special Use Permit to allow enlargement of a nonconforming commercial use in a residential zone, at 120 Abraham Drive, with the following conditions. A. The building and accent lighting will be illuminated no more than 40 nights a year and lighting will be turned off by 10:30 PM. Note-Lighting will be subject to the design and performance standards of the zoning ordinance, regardless of the allowance to have lighting. B. Evening (after 6pm) performances and events shall be limited to 40 days in a calendar year. C. Create a front yard landscape planter on the south side of the entrance and plant with one overstory tree and seven low shrubs, to comply at least in part, with the front yard landscaping requirement. 14 2. The Zoning Board of Adjustment can approve this request for a Special Use Permit to allow enlargement of a nonconforming commercial use in a residential zone, at 120 Abraham Drive, with different conditions than stated above, (including no conditions). 3. The Zoning Board of Adjustment can deny this request for a Special Use Permit to allow enlargement of a nonconforming commercial use in a residential zone, at 120 Abraham Drive, 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 request for a Special Use Permit request to allow enlargement of a nonconforming commercial use in a Residential Zone. at 120 Abraham Drive, is consistent with the standards required for granting of a Special Use Permit, provided the approval includes the conditions described in Alternative #1 . 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. 15 Attachment A: Location Map t e -•tr .- L, t t SUBJECT �"=a 9 )' om �. ' PROPERTY u N I1 N <. I r 4 ,ia LOCATION MAP 120 Abraham Drive Legend PARCELS selection 0 75 150 300 Feet I ! O PARCELS 16 Attachment B: Zoning Map IW p RH k SUBJECT PROPERTY W. K ■ . c ne , 8 e n- - - LOCATION & ZONING MAP 120 Abraham Drive Legend PARCELS selection 0 75 150 300 Feet t i Q PARCELS 17 Attachment C Site plan and elevation drawings under separate cover. 18