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HomeMy WebLinkAbout~Master - Special Use Permit to allow enlargement of a nonconforming use in the Residential High Density Zoning DistrictUTYMANAGEFI'S 0F1,`4CE JUN 2 6 2M9 CITY OF AMES, IOWA BOARD OF ADJusTmENT ClI YOF/0AESJUNA Zon""" IN 411EINIAT"I'M OIFTHE APPLICATION OENICH: 1111100MUNI, ON BEHALF 01;' 10111 AllICHITEC-DI F01VA SPECIAL USE PERMIT, SLCIJON 2%1503 OF ME AMES MUNICIPAL CODE, TO ALLOW NONCONFORMING USE IN'll"HE RESIDENTIAL HIGH DFNSITN'ZONING DIS17RICT FACTS CASE NO. 19-01 G EOCODE NO. 09-08,-103-110 DECISION & ORDER Applicant is reCILICSting, as Special Use Permh to alk)", Blargenim of as N%cmQbmAng We in as Re sident4d Zone A, Ames Umimunity ITeMer (AUFORS) at 120 Abraham Drive. The property is the pennanent location of' A(TIURS which has been cMmadrig a coominurliq Weater since 1 978At that tinle the 2YAng was -G-C- (General (lornniercial) and dw to oF We paqvrty as a community theater %vas allowed. AW zonirig "as eliminated vdien the code vas re�iscd in 20MI Ile proTerty is locmed at the edge of then "RIl" (Residential I ligh Density) zoning district, afacets to "FIV (Residemial Low Density) to the smul- Ibc '1111- zone allows, A a variety of' residential Musing Urn single-findn, to apartnierit dNclfngs- ('0111111 Lill ity Water is categmized as an -Eractlaintrient, Restaurant and Recreational 'I radc" use within the /oning ()rdinance and is not an allowe(i use within the "RI-l" zone. The rezoninf!, made both be buHdhg and AS Use -wonconflirnAny'nwarling that the use existed as as layvfully es=shed uso prior k) adoptio.)n of Ile curran zonhg Q We proper, Ile building was Wlt with as 15' rear setback as required under -(J-(7the rear setback requirement in Wir, is JK Ile she is also noncorif"orming Ar parking deign and hindscaping rapkernmits, of the /Uming WHnance, (:hy Planner FlAse Salikloni revWd the she Q1 InqJect description, applicable law and Whigs of Fact and Conclusims. 11c existing building is 80 11, by 80 ft, with as first floor area of 6AOO sq, It and as second floor ana of 2A89 sq It. muiling 9,089 sq. k. As an ciflargeirient of, wA n(A1C0'nf0rrinag USQ the expansion is Hmiwd to no mory thmi 2272.25 sq, It The proposed addition iSJUSI, under the maXinlUill allOWed square footage. The proposed first floor addition �01 be utilized Rw an envy corridor, entry vestibule. aiul gafficring space. Ilie second floor addition wdl he utilized Or comurne stmagc spue. The intensity of is bascd upon sewing capachy and as as nonco&bnnhg USe camuot be expaiWed, The CUrrent sealing capacity of the theater is 136. The expandon WH not increase the seating capacky. An expansion can only be allowed if N does not KcNase the noricon0nuirty. inewing da the 1wilding can expand only in the direction wbere the building muts die required setback. Uie proposed expansion is at the front of the bl,lilofiri� or to the n(irth where the serb.ack is not constmwed. 2 Parking is Calculated at one space per 5 seats for a total requirement of �'8 spaces. The portion of the parking lot at the entrance to be she is to rartain with hs existing, pavernent and current diaiensions. 'I lie existing parking in the front is noncollf'orniing, for its location arid lack of" from yard Wndscaphi& however it is allowed to remain and is only reCgUired to be improved as practicable. Restriping will crecur to bring the spaces and drive aisle into compliance with code along with coordination of the %Nalkway installation. Ile rear parking lot improvenients are proposed to bring" paling space and dHve We diniensions, into Compliance with the cocle. The Inoposed changes will also result in the parldrig lot accommodming a UAW oF40 pmking spaces, including two ADA accessible spaces. Ile exparlded parking IM Will inClUde parking lot righting Am will be in compliarwe NOW die code Rear contRY of up [WhUng and light trespass. Lighting is, also proposed on the bUildin,,, itself, g including four lights above an ama desired Rw display of' temporary banner sigriage. Additionally. a.iccent lighting, whJi 1AJ) neon flex red and blue strip liphting, is proposed to highhght the Wilding Fayade and buPlAng rivaWme. As a residential zoned area. the special use lxnW1 :Tows RY wrmhV of the Hghdng pwposal fever- compatibility w7ith the residential surroundings. Fhe greatest inipact \vould be to (lie residence oil the, West side of the site. The residence (200 mid 202 Abrahain Give) is as dUpICX. ']'lie appliC,1111 indicated that the building and accent 111shS will mly be Mundinaed 40 idgNs as year, Ilis kwukl Ockde actual show evenings, dress rehearsals, season annotmcerntmi and donor appreciation evenings. Lights would be varned off by 1130 pm. Ile apaicam notes Owl during the surnnier months the illuininatioll \011 be for as shoaer period or time, given the lengthened daylight hours. The tow! area, of site landscaping provided on Ae proposed site plan is approxitilately 19,4`/,6 'Ibis would exceed as typical ec)mniercial ;wne smn&ud of 150 The area proposed for grass, aces & shrubs egmtes to 7Q52 sl A- The expansion of'the parking lot re(ji-fires the inclusion ofa landscape high screen between the parking in(] the adjacertt residcritial properties, The applicant is, l',noposing as 6' privacy fence along the South mid "vst property perimeter as I-,sart ofthe high screcii, along with seven overstm-y Imes and 15 high screen shrubs. I'lie seven OVerstory trees, also meet the larking, lout tree requirernon. Exisdng shrubbery on the a,idjaccnt property tit 200n02 Abraham helps screen and buffer the "RL- zoned lot Amin the more intense theater use. The code pRn ides flexibility for constrained noncoctKning rcclevel(r)'1111"Cul sites "Ild '11(fiCaICS that ahlough IWI complimice nmy newt be achievable. all Sites must advance tmvards comphance Witli current requirements in tents of ki-cadmi of [Amahgs and quantity of planting,,,s, ']'lie landscape plans, meet the required landscaping f'or the new parking area. I lowever, nc) front yard landscaping has been included, Flee existing entionce drive and pavernent 011 rennin in the surea between Abraham Dn and the AC`f()RS Widing. In this ai-cj most of the area is already paved, leaving little room fiver landscaping. Fo add fhmt yard landscaping Would requhT some of the existing pavement tole removed ahnig Abimham Drive and would result in a reWtion of at least one parking space. All ()Wners of proper-ty within 200 Ito were ncrtified. and a mAce or pum Ha6rig "as placed on the subject pnMeny. No objections were raise(]. AplAicant Mike ,Jackson, 5615 Ilunder Road. Ames,, lestificd Mat the AC"FORS building WaS originally compliant when it was first built forty yeaars, ago, AC`I(')RS does not want to increase 3 the aniount of seats in the t1lealer but they would like fewer restrictions, oil the number of performances that cin be put on. each year. The number of'shows is sometin,ics deteri-nined by the popclarity of the performance and in years past there have been more than 40 performances. There is also the possibility that the outside lights will be on past I 0:1W pni, i show were ro: go past 10:30 pin the parking fights would be oil for the safety of' the patrons leaving the show. ACTORS want to be able it) comply with the requests. Stanley Rabe. 219 Wildflower Drive, Ames, testified regarding solne cal' the organizations arld individuals that ACY(?RS has Nvorked will) in the past, He JISO diSCLISSCCI the lightin. g., the number of Perforlilances per year, and additi(IM)l LIKIf,,c of the bUildhIg 11), other oqgani zati oils with the Board and Mr, Jackson. Apl,flicant Nick HUIS4111111, 1615 Golden Aspen Drive, Suite 110, Allies, testified that there is a lighting except'Wn of' 1800 luniens, Anything that exceeds that has to be properly shielded due to the night slay ordinance. With the 1,1111) strip lights, there is a neon strip witil as 10%,V OUIPLA, One strip at 46 feet has a IL11"nCt') OUtpUt of4.75 ILIIIICTIS per foot, For a 4(i-foot strip, the OW11111 is 210 lurnerm %Mr, Ifulstrurn went thMUgh arid C,11CUL'lted everything f'or the blue light output and it totaled 1265 lurnens, well below the required 1800 lUllleTS, The red lights in the center ofthe marquee have as lumen ()Utl)Llt Of 1195. ( I �ity' Platiner Salitsti"oni clarilied that the proposed pai-king, lot lighting is compliant with CLIn'ClIt city code arid the parking lot 1iCflats would be allowed to remain oil as long as, needed fo,)r safety purposes, Staffis asking for restrictions oil the building and accent lighting only, She mated that stalf is Comfortable with as IIL,Illll:)CI' that exceeds 40 but is less thall 90 nights of operation Per year. She also said City slaff would support not having an overstory tree in the fl-ont Yard landscaping, but inStCad accept an understory, tree or additional shrubs in, that slnlcc„ Board niernber Schocneinan asked it' all Board ritembers and staff aigreed that 60 perfi,,,wnlarices would be wvenq,e, and that was agreed upon. DECISION Fhe Board considered the facts as detailed above nand provided in the staff report as restated by, City Planner Salilstrom, and found that all ofthe relevant standards in Section 29.1503 wicre met and established by the Applicant. () RD [" R WIIEREFOREI, IT IS ORDERFD that the Applicant is GRANT["I.), pursuant tar Section 29.1503 of' the Anies MUlliCipal Code, a Special tJse Perillit li,) allow Enlargement of' a Nonconforrning Commercizil U"sc in the, Rcsidemial (RII) Zone at 120 Abraham Drive w,Nith the f`6110NAing conditiolls� The I)LIH(fing and iccent lighting will be illuminated no, more than 80 ing ar ,1. , lits per yeL and buildin and accent kghtinL.; vvill be turned off by 1 1 :001 pm. :V(,,)te - Lighting will' 4 be suhiect to the tlesign aridpqfi)rmun.(,,c standoro:A o0he Zoning ordinotice, regurefiess of the alh) i vanc,,e to acre lightblg b. Evening (aller 6:00 pm) performances and events shall be limited to 80 days, in a ca, I e n t La r N, c a r (I I reate as front yard landscape planter on the south side of the entrance and plant seven lm,� sh,rubs, to comply at least in part, Nnth the front yard landscaping reqUirement, Any person desiring to appeal this decision to al COUII of' record inay do so within 30 days after the filing ofthis decision, Done this 22` day of*May, 2011), .j L, i. nns the Board Arnelia Schoc neman (11' hl a i F.