HomeMy WebLinkAboutA004 - Staff Report dated June 26, 2019 ITEM #: 2
DATE: 06-26-19
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: June 21 . 2019
CASE FILE NO.: SUP-000667
REQUEST. To approve a Special Use Permit for a Retail Bicycle Sales Use at 2105
S.E. 5th Street that exceeds the maximum of 31000 square feet of floor area
allowed for "Retail Sales and Service-General" in a General Industrial Zone
PROPERTY OWNER: Nyle & Patricia Nims
CONTACT: Nyle Nims, Cycle Force Group LLC
LOCATION: 2105 S.E. 5`1 Street
ZONING: "GI" (General Industrial)
BACKGROUND AND PROJECT DESCRIPTION
Nyle Nims is the property and business owner of Bicycle Plus, at 411 Kellogg Avenue,
and Cycle Force Group LLC at 2105 S.E. 5th Street. Bicycle Plus is a retail outlet for
bicycles from Cycle Force Group LLC. At this time, Mr. Nims seeks to relocate Bicycle
Plus to the building at 2105 S.E. 5th Street, and to use approximately 6,500 square feet
of floor area, on the second floor of the building above the office space, for the retail outlet
in the new location (See Attachment A — Location Map and Attachment B—Approved Site
Plan).
The current location for Bicycle Plus is in the DSC (Downtown Service Center) zone,
which is intended primarily for retail sales and service, restaurants, entertainment. and
office uses. The proposed location, at 2105 S.E. 511 Street, is in the GI (General Industrial)
zone, which is primarily for industrial uses, but allows "Retail Sales and Service— General"
uses [See Ames Municipal Code Table 29.501(4)-3], at a maximum of 3,000 square feet
of floor area [See Ames Municipal Code Table 29.901(2)]. The granting of a Special Use
Permit, by the Zoning Board of Adjustment, allows a retail use to exceed the limit of 3.000
square feet.
Bicycle Plus currently occupies approximately 4.563 square feet of floor area at 411
Kellogg Avenue. The new location at 2105 S.E. 5' Street would include 6,500 square
feet of floor area, which exceeds the maximum limit of 3,000 square feet in the GI zone,
by 3,500 square feet. The retail outlet would be in the front portion of the main building
on the second floor. This building faces S.E. 51h Street.
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The approved site plan for 2105 S.E. 5th Street shows a building that includes 73,599
square feet of warehouse space, and 2,900 square feet of office space (See Attachment
B — Approved Site Plan). There are 47 parking spaces constructed on the site. A retail
use requires 1 space for every 300 square feet of floor area. The proposed retail space
would replace 6,500 square feet of warehouse with retail. This would revise the number
of parking spaces to 13 for warehouse, 22 spaces for the retail use, and 10 spaces for
office. The total number of parking spaces required would be 45 spaces. Since there are
47 spaces existing on the site, no additional spaces would be required to accommodate
the proposed retail use. Twenty-seven of the spaces are in close proximity to the building
entrance for the retail outlet. The remaining 20 spaces are located on the east portion of
the lot, and will be utilized as employee parking.
The applicant is not proposing any changes that would require an updated site plan from
the site plan approved on August 8, 2014. The existing improvements are consistent with
the 2014 approved site plan, and can reasonably be expected to serve the new use as
well.
APPLICABLE LAW:
Chapter 29, Section 29.1503(4)(a) 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:
(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;
(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;
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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.
(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.
FINDINGS OF FACT & CONCLUSIONS:
Based upon the project description, 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 (LUPP) of the City.
Findings of Fact: The LUPP designation for the proposed site at 2105 S.E. 511 Street
is "General Industrial." The General Industrial land use designation and Goals and
Policies of the LUPP for commercial uses do not directly discuss commercial uses
within industrial areas. The plan describes the purpose of each individually. The
LUPP identifies an intent for commercial development to occur at varying scales
from neighborhood to regional with a focus on connecting commercial development
to its particular surroundings and needs of neighborhoods. There are higher design
expectations for commercial areas to present attractive and compatible commercial
environments. General Industrial is described in a limited manner that it is typically
not to be located along major thoroughfares in the future and is not subject to higher
design requirements compared to Planned Industrial.
Conclusions: The proposed use of space for the retail sales of bicycles, which are
assembled at this industrial site, is not in conflict with 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: No exterior building alterations to the site are proposed, with the
possible exception of a sign for the new retail use.
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Conclusions: The retail use added to the existing building will not change the
character of the overall area. The proposed retail business does not create
conditions, which will cause a conflict, nor alter the industrial character of the area.
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: Retail sales and service uses of this type at this location are not
hazardous or disturbing to uses in their vicinity through levels of activity, hours of
operation. or sensitivity to industrial operations.
Conclusions: The operation of a retail sales operation for bicycles assembled on
the site will not be hazardous or disturbing to the area as the proposed retail
business is internal to the existing building. The level of traffic will be minimal on a
daily basis and the site has access directly from S.E. 5th Street, which is a concrete
paved street in this industrial 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 site is served by public utilities and access from S.E. 5th Street,
a paved public street. There are no sidewalks in the street right-of-way that presently
provide access to the site, and none are planned at this time.
Conclusions: The site is adequately served by police, fire, water, sanitary sewer,
storm sewer, streets, and refuse disposal. There will be no impact upon school
enrollment, since this is not a residential area. 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: No additional fire or police resources will be required to serve the
proposed use. The proposed facility will use the existing public facilities and services
and will not create any excessive additional requirements.
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.
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(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 increase in traffic volume with the addition of the retail
business will not significantly impact traffic flow in the area. Southeast 5tn Street is
designed for a heavy volume of truck traffic. Traffic levels of the scale anticipated
for the retail operation can be accommodated with the existing street infrastructure.
Conclusions: The proposed interior use, as proposed, will not produce excessive
traffic, smoke, fumes, glare or odors and will operate in a manner typical of a retail
bicycle shop. 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 use is a permitted use in the (GI) General Industrial
zone, provided the size of the use does not exceed 3,000 square feet of floor area.
Retail sales and service uses that exceed the limit of 3,000 square feet are also
allowed with the granting of a Special Use Permit by the Zoning Board of Adjustment.
The purpose of the GI zone, see Section 29.901(1) of the Municipal Code, states
that: "This district applies to those areas where there is a need to provide a desirable
industrial environment and to promote economic viability of a type generally not
appropriate for or compatible with retail sales areas."
Conclusions: This leads to a case-by-case assessment of allowing retail uses within
industrial areas depending on surrounding compatibility, and suitability of an
individual site. A limit of 3,000 square feet of floor area on the size of retail uses in
the GI zone is consistent with the stated purpose of the GI zone. However, there
are exceptions where retail uses that exceed the maximum limit of 3,000 square feet
are appropriate given the actual industrial use of the property. This is why there is
the option of granting approval of a Special Use Permit to allow a larger retail space.
It can be concluded that the use meets General Standard (vii) 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.
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ALTERNATIVES:
1 . The Zoning Board of Adjustment may approve a Special Use Permit for the operation
of a retail bicycle sales use at 2105 S.E. 511 Street, that includes approximately 6.500
square feet of floor area, by adopting the findings of facts and conclusions noted in
this staff report.
2. The Zoning Board of Adjustment may approve a Special Use Permit for the operation
of a retail bicycle sales use at 2105 S.E. 5th Street, that includes approximately 6,500
square feet of floor area, by adopting the findings of facts and conclusions noted in
this staff report, and with conditions that it may find necessary to ameliorate any
negative impacts that the use can reasonably be expected to generate.
3. The Zoning Board of Adjustment may deny a Special Use Permit for the operation of
a retail bicycle sales use at 2105 S.E. 511 Street, that includes approximately 6,500
square feet of floor area if the Board finds and concludes that the proposed Special
Use Permit is not consistent with adopted policies and regulations, or that the use will
cause impacts that cannot be reasonably mitigated.
4. The Zoning Board of Adjustment may table this request for a Special Use Permit and
request additional information from City staff or the applicant.
RECOMMENDED ACTION:
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 . This is to approve a Special Use Permit for the operation
of a retail bicycle sales use at 2105 S.E. 511 Street, that includes approximately 6,500
square feet of floor area, by adopting the findings of facts and conclusions noted in this
staff report.
S\PLAN SHR\Council Boards Commission s\ZBA\Special Use Permits\2105_SE_5th_St_SUP_06-26-19.docx
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Attachment A — Location Map
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