HomeMy WebLinkAboutA003 - Staff Report dated Ocober 30, 2020 ITEM #: 2
DATE: 11-12-20
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: October 30, 2020
CASE FILE NO.: SUP-001016
REQUEST: To approve a Special Use Permit for 6,600 square feet of use
as Retail Sales and Service — General within a General
Industrial Zoning District.
PROPERTY OWNER: Mum Wil LLC
CONTACT: Ryan Pei
LOCATION: 525 E 2nd Street
ZONING: General Industrial (GI)
BACKGROUND AND PROJECT DESCRIPTION:
The applicant, Ryan L Pei, of Remedy CrossFit seeks to lease one of the warehouse
buildings (composed of 6,600 sq. ft). located at 525 E. 2nd Street, for use as a CrossFit
training facility.
The property, a 5-acre parcel, is zoned General Industrial and is located at the northeast
corner of Borne Avenue and E. 2nd Street. It is owned by Mum Wil LLC and includes
seven buildings totaling 46,635 sq. ft. of indoor storage and warehouse space. (Please
refer to Attachments A, B & C which illustrate the location, future land use, and zoning.)
The portion of the site proposed for this use is accessed from Borne Avenue, just before
it dead ends at the Chicago & Northwestern Railroad tracks.
The applicant has described the use as providing personal fitness training to individuals
and in small group classes along with some retail sales. Staff has determined that the use
is similar to martial arts instruction, which the Zoning Ordinance classifies as "Retail
Personal, Business and Repair Services" in the category "Retail Sales and Services—
General." (Please refer to Attachment D.)
"Retail Sales and Services—General," is permitted in the General Industrial (GI) zoning
district but requires a Special Use Permit if the use exceeds 3,000 square feet (Ames
Municipal Code Table 29.901(2). The application is for a Special Use Permit to allow
6,600 square feet of Retail Sales and Service — General use on the subject property.
A determination of whether a retail use should be allowed within General Industrial
zoning, requires a case-by-case assessment which depends upon surrounding
compatibility, condition of the individual site, and whether there are any relevant concerns
about commercial land use needs of the Land Use Policy Plan. Staff believes that the
discussion of findings which follow supports this use.
The proposed use is based on a scheduled class or workout training session format and
will not be open to the public for fitness or as a health club facility. In order to be consistent
with the Special Use Permit standards of the Zoning Code, the proposed use must
operate in this manner, with scheduled appointments. A fitness center or health club type
use is not permissible in the General Industrial Zoning District as it is classified as a
recreation use rather than a service use.
The Building proposed for the CrossFit use has shared driveway access from Borne
Avenue with other buildings on the site. Uses on the site include warehouse and indoor
storage.
The large parking area will also accommodate the required parking, maneuvering, and
loading areas for the existing uses on the property. (Please refer to Attachment E- Parking
Plan.)A minor site development plan was recently approved for this site; it identifies thirty-
three spaces and includes seven overstory trees dispersed around the paving area. The
required parking for each use is shown in the table below:
Parking Calculations for 525 E.2nd Street with Proposed CrossFit&Another Indoor Storage
Total
storage Accessible
Bldg# Use Area(SF) units Ratio Code Reference Required Spaces
ParkingP
1 :Indoor Storage(mini-storage) 8220 48 : <200 storage s
i[converted in 2017] units=5
2 Indoor Storage(mini-storage) 24 OR Sec.29.1308 5 1
[converted in 2019] s 4000 1/5000 SF=4
3 Warehouse 3170
4 :Warehouse 8181 1/5000 SF Table 29.406(2) i 6 0
5 IWarehouse(WCI Hot Tub) 10200 i
6 !warehouse 6264
7 ;NEW-CrossFit Facility [proposed] 6600 1/300 SF = Table 29.406 2 € 22 1
TOTAL 46635 i 33 2
Note:Accessible Spaces are included in the Total Required Parking
Parking for the Cross-Fit use will be located immediately to the west of the building on an
existing paved area. Twenty-two spaces (including one accessible space) are shown
meeting the required 1 space / 300 sq. ft. requirement for Retail Sales and Service —
General Use.
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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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: (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's complete
application and supporting information accompany this report. These materials discuss
characteristics of the proposed use and their impacts. The applicant states the
appearance of the building and site will not need to be altered to accommodate the use
and that the proposed use will not be detrimental to people, property or surrounding uses.
FINDINGS OF FACT & CONCLUSIONS:
Based upon the submitted site plan in addition to the facts provided in 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: The subject site has a General Industrial Land Use Designation
along with the property to the north, east, and west. The land use to the south is
Highway Oriented Commercial. The property is in the vicinity of the City's
Resource Recovery Plant and the Chicago & Northwestern Railroad Line. (Please
refer to Attachment B- Future Land Use Map.)
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The Land Use Policy Plan (LUPP) describes General Industrial as industrial uses
that involve individual sitting in designated areas where overall use and
appearance requirements are less restrictive. The LUPP recommends that
General Industrial activities be limited in their scale and location with the intent of
minimizing their impact on the community's current land resources and
infrastructure. Light assembly and other low impact uses are recommended. The
General Industrial land use designation and Goals and Policies of the Land Use
Policy Plan (LUPP) for commercial uses do not directly discuss commercial uses
within industrial areas.
The property has a General Industrial Zoning. Other properties to the north and to
the east of the site are also zoned General Industrial. The Zoning Ordinance states
that Industrial Base zoning districts are to include predominantly industrial uses
and are to be protected from intrusion by dwellings and other inharmonious uses.
Additionally, uses are intended to promote the economic viability of the City's
industrial areas and to provide standards to assure safe, functional, efficient and
environmentally sound industrial areas and operations.
The LUPP also includes a Vision Statement for Economic Development that
promotes commercial and light industrial uses. The vision states, "Our vision of
Ames by the year 2030, includes a center for small and medium-size businesses.
It is envisioned that these activities will be entrepreneurial in promoting and
diversifying economic growth."
Conclusions: Staff believes that the proposed CrossFit facility meets the LUPP
requirements for being harmonious to the other uses on the site and will help
provide economic vitality to the area as envisioned in the LUPP. It can be
concluded that the development meets General Standard (i)for a Special Use
Permit.
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: There is a mix of "heavier" industrial uses adjacent to the site on
the west, north and east combined with commercial, office, and service uses to the
south of E. 2nd Street. The 5-acre site includes seven buildings totaling 46,635 sq.
ft. of indoor storage and warehouse space. The complex of surrounding buildings
once contained only warehouse operations. Recently, the use of the buildings has
been transitioning to a mix of uses including self-storage.
The proposed CrossFit facility will be operating indoors in the northern most
building which contains 6600 square feet of space. The exterior appearance of
the building is harmonious with the other buildings on the site and within the
industrial area. The building includes a fire sprinkler system. Interior upgrades will
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be required to support the use if the Special Use Permit is approved. No changes
to the exterior of the building are required or proposed.
Conclusions: It can be concluded that the use will be compatible with the industrial
context of the surrounding area. It can be concluded that the development
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: Recently, the use of several of the buildings within the building
complex has transitioned from warehouse use to indoor self-storage (a permitted
use) with access and loading operations for the warehouse uses primarily from E.
2nd Street or from the east side of the site.
The building that is proposed to house the CrossFit use will be accessed from the
end of Borne Ave, a dead-end street with little public traffic. The building is
located on the NW end of the complex of buildings. All activity of the business will
occur on the interior of the building. No other businesses will be disturbed.
Use of the building for 6,600 sq. ft. of Retail Sales and Service requires a minimum
of 22 parking spaces. Ten additional spaces are required for the warehouse and
indoor storage uses. The majority of parking spaces are located immediately
adjacent to the proposed CrossFit use. Of the total required 32 spaces, three
spaces are required to be accessible and dispersed around the site. The parking
lot has been recently paved and will be striped with 33 parking spaces according
to the attached plan. (Please refer to Attachment E.) The large parking area will
accommodate the required parking as well as maneuvering space and loading for
any warehouse uses that may still need to be accessed from this area.
The applicant indicates that there is minimal traffic associated with the other uses:
"Both of those other businesses have a very minimal amount of people (<10
visitors per day) and minimal traffic going to and from those businesses throughout
the week. These visitors are driving cars/pickups. The new Cross Fit business will
not affect any future uses of the area. One of the warehouses is used by a hot tub
company (WCI) to store new hot tubs, their employees visit the warehouse <5
times per day. They do receive a semi-truck approximately 1 time every month,
the truck arrives in the evening, it takes approximately 1 hour to unload then
departs. WCI loads the hot tubs on a trailer inside the warehouse and then pulls
the trailer by pick up to the customers house. Effective January 2021, WCI will
relocate to a warehouse on the backside of the property that WCI employees and
trucks will access via the entrance on East 2nd starting in January 2021." The
applicant also indicates that the indoor storage unit customers visit the location
periodically, averaging less than 5 customers per week.
Conclusions: It can be concluded that the development 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.
Findings of Fact: The property is located at the corner of Borne Avenue and E 2,d
Street and has access from both streets. The property was initially developed in
1930 with the most recent building addition added in 1978. It is adequately served
by essential public facilities and services. As an existing site, it is currently exempt
from providing onsite stormwater collection. Stormwater will be required in the
future if additional buildings are added to the site.
Three city streetlights are located along the one block of Borne Ave. The building
complex has seven existing exterior lights with photosensors that adequately light
up the parking area during nighttime use. The property has all the essential
infrastructure in place. The proposed CrossFit use will be located inside a building
that was constructed in the 1970's which has electrical, water, sewer and gas lines
available and a fire sprinkler system.
Conclusions:
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: The property has all the essential infrastructure in place. No
additional public facilities or services will be needed as the site is already serviced.
Conclusions: Therefore, 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: The retail sales and service uses proposed will not create a
hazardous situation or be disturbing to the other uses on the property.
The applicant indicates that the proposed hours of operation have considered the
adjacent industrial operations in order to not be impactful to them. Business
appointments will occur approximately six times a day during operating hours of:
Monday through Friday 5:00 am, 7:00 am, 9:00 am, 12:00 pm, and 4:00 pm-7:00
pm and Saturday 9:00am-11:00 am. During these hours the maximum number of
cars at one time would be twenty. The site plan includes 22 parking spaces for this
use.
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The proposed use will not produce noise, smoke, fumes, glare or odors or
excessive traffic.
Conclusions: The addition of this use will not introduce any nuisance factors into
the area. It can be concluded that the development 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: Industrial uses are not likely to disturb this type of retail sales and
service use, especially given that the use does not include an exterior component.
Staff does not see any restrictions that would need to be placed on the use for it
to fit within the industrial zoning district.
Conclusions: It can be concluded that the development meets General
Standard (vii) for a Special Use Permit.
CONCLUSION: Based on the staff's analysis and the findings above, staff finds that the
General Standards of the Ames Municipal Code Section 29.1503(4)(a) can be satisfied.
ALTERNATIVES:
1. The Zoning Board of Adjustment can approve the Special Use Permit to allow
6,600 square feet of Retail Sales and Service — General use at 525 E. 2nd Street,
based upon the findings and conclusions of staff.
2. The Zoning Board of Adjustment can deny the Special Use Permit to allow 6,600
square feet of Retail Sales and Service — General use at 525 E. 2nd Street, if the
Board determines that the proposed use at this site does not comply with the
criteria of Section 29.1503(4).
3. Action on this request can be postponed and referred back to City staff and/or the
applicant for additional information.
DEPARTMENT RECOMMENDATION:
Staff frequently receives inquiries about the use of industrial areas for a wide range of
uses that are not typically thought of as traditional industrial uses. The LUPP supports a
more homogenous use of industrial areas and distinction from commercial uses overall.
This principle of distinct areas is embodied in the purpose of the G-1 zoning district, which
then allows for case-by-case evaluation of commercial uses through the Special Use
Permit required for this project.
There is a balance of maintaining industrial areas for employment and uses that are less
compatible with commercial and residential uses and potential commercial interest
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outside of established commercial areas. A spread of commercial uses into industrial
areas would be a long term drain on existing commercial areas. It would also potentially
concern industrial businesses about how their operations are compatible with and
perceived by new neighbors. At times there would also be concerns about changing uses
when a site is deficient or non-conforming in site improvements compared to investments
made by other properties for similar or new development.
For this proposed use of retail and service use, it is the first commercial use subject to
special use permit review to be considered in the E. 2nd Street area. There are other
commercial areas south of this site, across E. 2nd Street. While this use could be allowed
by right in these commercial areas, the applicant has not identified available space
meeting their interests. In support of the application it appears that the use will not have
a significant effect on adjacent industrial operations due to the proposed business
location, size, and schedule of operations.
Based upon the Findings of Fact and Conclusion above, it is the recommendation of the
Department of Planning and Housing that the Zoning Board of Adjustment approve
Alternative #1 to allow 6,600 square feet of Retail Sales and Service — General use at
525 E. 2nd Street, based upon the findings and conclusions of staff.
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Attachment A — Location Map
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Attachment B — Future Land Use
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Attachment C- Zoning
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Attachment D- Retail Sales and Service — General
From Ames Municipal Code Section 29.501(4)-3
Retail Sales and Services—General
Definition. Uses that involve the sale,lease or rental of new or used consumer products,including
prepared foods,to the general public and uses providing services involving predominantly personal or
business services, including repair of consumer and business goods.
Exceptions: Lumber yards and other building material sales facilities that sell primarily to
contractors and o not have a retail orientation are classified as Wholesale Trade. Sales,rental,or leasing of
heavy trucks and equipment is classified as Wholesale Trade. Uses for the repair and service of consumer
motor vehicles, motorcycles, and light and medium trucks are classified as Vehicle Service Facilities.
Repair and service of industrial vehicles and equipment, and heavy trucks is classified as Industrial Service.
Uses Included
Retail Sales:
Stores selling,leasing,or renting consumer, home, and business goods including:
Antiques
Appliances
Art
Art supplies
Automobile supplies(no services)
Bicycles and Motorized Bicycles
Books and printed material
Clothing
Computer hardware and software sales and service
Convenience Store
Dry goods
Electronic equipment
Fabric
Furniture
Garden supplies
Gifts
Groceries
Hardware
Home improvements
Household products
Jewelry
Music supplies
Newspaper distribution
Office machines
Package liquor
Pets
Pet food
Pharmaceuticals
Plants and flowers
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Shoes
Sporting goods
Stationery
Tobacco products
Toys
Video
Food sales (not including seating areas):
Bakeries
Candy
Delicatessens
Retail Personal, Business and Repair Services:
Animal grooming salons
Blueprinting and photocopying services
Branch banks
Business and commercial trade schools
Business and management consulting services
Dance or music schools
Dry cleaning collection and distribution centers
Emergency medical care facilities
Employment agencies
Hair,tanning,and personal care services
Kennels
Laundromats
Locksmiths
Martial arts instruction
Office equipment rental
Photo drop-off
Photographic studios
Quick printing
Recycling drop-off
Scientific and professional instrument repair
Sign making
Tailors
Television, bicycle, motorized bicycle,clock,watch, shoe, gun,appliance and office equipment
repair
Upholsterers
Veterinarian offices
AccessorN Uses
Offices and storage of goods, and manufacture or repackaging of goods for on-site sale
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Attachment E- Parking Plan
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