HomeMy WebLinkAboutA3 ITEM #: 4
DATE: 04-14-2021
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
REQUEST: SPECIAL USE PERMIT TO CONSTRUCT A BUILDING ADDITION TO THE
AMES PET RESORT, A RETAIL SALES AND SERVICE USE IN A GENERAL
INDUSTRIAL (GI) ZONE, LOCATED AT 2811 HYATT CIRCLE.
BACKGROUND:
Ames Pet Resort, represented by Justin Dodge of Hunziker Companies, seeks approval
of a 2,120 square foot addition to the existing 6,991 square foot building at 2811 Hyatt
Circle, for use as a pet daycare area, grooming space and kennels. The nature of the
business involves customers bring pets such as dogs and cats to the resort for temporary
stays and picking the pets back up at a pre-determined time. This activity will remain the
same after the building addition is complete. The property, a 1.35-acre parcel, is zoned
General Industrial and is located at the northeast corner of Hyatt Circle and Bell Avenue.
Please refer to Attachments A, & B which illustrate the location and zoning.) The portion
of the site proposed for this use is the northern and western portion as an addition from
the northwest side of the existing building and abutting the current parking lot.
The necessity for a Special Use Permit is because "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 a building addition of 2,120 sq ft. for a total
of 8,111 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. The criteria for approval and
related findings are included in the attached addendum
The applicant has described the use as providing boarding, grooming and daycare for
dogs and cats. Staff has determined that the use is described as both Kennels and Pets
which the Zoning Ordinance classifies as in the category "Retail Sales and Services—
General." (Please refer to Attachment C.) The original Special Use Permit and Minor Site
Development Plan was approved in 2011 , which approved construction of the original
building. An amendment to the Special Use Permit with second Minor Site Development
Plan was approved in 2017 for additional outdoor play area and kennels.
A Minor Site Development Plan has been submitted, reviewed and is ready to be
approved for this site as part of the Special Use Permit (Refer to Attachment D). The
Minor Site Development Plan shows the proposed addition providing for additional space
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for kenneling, dog and cat daycare, bathing and grooming. The proposed addition will be
added to the northwest side of the existing building. The site currently has access from
Hyatt Circle with parking located on the west side of the building. The addition will require
three additional parking spaces, which will be added on the north end of the existing
parking lot west of the building. The parking lot will accommodate all required parking for
the existing building and proposed addition. Front yard and parking lot landscaping is
being provided for the additional parking area being added. Existing landscaping from the
original Minor Site Development Plan is still in place. No changes to the existing
landscaping are required and only the areas related to the addition are subject to current
landscape standards. The building fagade for the addition is proposed to match that of
the existing building and meets all covenant requirements for facades in this location. The
addition consists primarily of brick facade with corrugated steel siding.
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. Note the applicant prepared
findings for a use in a commercial zone in addition to the general standards, the extra
findings for this use are not necessary because it is an industrial zone.
APPLICABLE LAW:
The Board must make the requisite findings for approval of the proposed Special Use
Permit that are defined below. Findings of Fact based upon the proposed description of
use, site development plan, and facts of the application are included in the attached
Addendum.
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,
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 the addendum to 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."
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PUBLIC NOTIFICATION:
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.
ALTERNATIVES:
1. The Zoning Board of Adjustment can approve the Special Use Permit to allow a
2,120 square feet building addition of Retail Sales and Service — General use at
2811 Hyatt Circle, based upon the findings and conclusions of staff.
2. The Zoning Board of Adjustment can deny the Special Use Permit to allow a 2,120
square feet building addition of Retail Sales and Service — General use at 2811
Hyatt Circle, 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.
PLANNING AND HOUSING DEPARTMENT RECOMMENDATION:
Staff finds that the proposed building addition meets all applicable standards and matches
the existing building already on site. After the addition is added to the building the addition
would not change the appearance of the building in relation to its surroundings. The
addition will consist of brick and corrugated steel siding. This matches the existing brick,
stone and corrugated steel siding already on the existing building. The loss of industrial
land for a commercial use can be found to be justifiable in this case as the existing building
contains the same uses that have been previously approved via a Special Use Permit
and has no known detrimental effects on the operations of abutting industrial uses.
Based upon the Findings of Fact and Conclusion in the Addendum, it is the
recommendation of the Department of Planning and Housing that the Zoning Board
of Adjustment approve Alternative #1 to allow a 2,120 sq ft. addition to the Ames
Pet Resort located at 2811 Hyatt Circle.
3
ADDENDUM
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 all the surrounding properties.
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. All properties surrounding the site
are 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 addition to the already established
Ames Pet Resort that contains grooming, kenneling dog and cat daycare facilities
meets the LUPP requirements for being harmonious to the other uses on in the
area 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.
(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.
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Findings of Fact: The operation of the business involves customers bringing pets
such as dogs and cats where the pets will be temporarily housed with a pre-
determined time where the owners of the pets will pick the pets up. The addition
of three parking stalls will have very little impact on daily traffic. No new use types
are being added here that do not already exist. The business is established at this
location since 2011 when the original Special Use Permit was approved.
The proposed building addition will have similar materials to the existing building
and be designed to align with the existing dimensions in a logical manner. Many
of the surrounding industrial buildings utilize the same type of building facade
materials. The addition meets all underlying zone development standards and local
Tax Increment Financing covenants for facade materials. Adequate parking will be
provided for. Landscaping is being provided in accordance with the requirements
of the zoning ordinance.
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.
(iii) Not be hazardous or disturbing to existing or future uses in the same general
vicinity.
Findings of Fact:
The proposed addition continues the uses already being done in the existing
building. When originally approved in 2011 the owner identified only noise and odor
as minor potential impacts to the surroundings from dogs in outdoor play areas
and kennels. There is no record of complaints from surrounding businesses since
Ames Pet Resort was constructed. The building addition does not propose
additional outdoor kennels or play areas. The proposed addition meets all other
applicable zoning standards in the GI zone.
Conclusions: 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, and/or schools.
Findings of Fact: The property is located at the corner of Bell Avenue and Hyatt
circle and has access directly from Hyatt Circle. The property has been developed
since 2011. It is adequately served by essential public facilities and services. The
property has all the essential infrastructure in place including electrical, water,
sewer and gas lines available and a fire sprinkler system. This site utilizes regional
stormwater detention for stormwater discharged from the site.
Conclusions:
5
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 proposed addition is adding more of the same activities
already in the existing building. The proposed use is not known to produce noise,
smoke, excessive traffic, fumes, glare or odors. The presence of dogs potentially
barking in kennels on site has not been an issue here that has generated any
complaints. The presence of surrounding industrial uses often being heavier use
types than this business are not seen to be intruded upon by the presence of the
Ames Pet Resort. The business does not carry out any other activities than
described in this report.
Conclusions: The proposed use will not produce noise, smoke, fumes, glare or
odors or excessive traffic. The addition of this use will not introduce any known
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. While the existing use does have a small exterior component the new
building addition is proposed to be entirely enclosed and the existing outdoor
component has not been seen to be intrusive to the surrounding area since its
construction in 2011. 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.
6
Attachment A- Location
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Location Map Map Area w;f
2811 Hyatt Circle e
-V 0 250 560 1,000
Feet
Map GeatedAugust 17,2011
7
Attachment B- Zoning Map
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y _ 2811 Hyatt Circle
eE sr• Zoning Classification
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2811 Hyatt Circle
Zoning Classification N
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Attachment C- Article 29.501(4)-3 Excerpt
Retafi Sales and Services—General
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Definition. Uses that involve the sale,lease or rental of new or used consumer products,including
prepared foods,to the general public and uses proxiding sen-ices im.ohing predominantly personal orbusiness
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 aretail orientation are classified as Wholesale Trade. Sales,rental,or leasingof heavy
tracks and equipment is classified as Wholesale Trade. Uses for the repair and service of consumer motor
-vehicles„motorcycle s, and light and medium trucks are classified as Vehicle Senice Facilities. Repair and
sen�ice 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 sofhvare sales and service
Convenience Store.
Dry goods
Electronic.equipment
Fabric
Furniture
Garden supplies
Gifts
Groceries
Hardware
Home improvements
Household products
Jewelry
Music supplies I
Newspaper distribution
Office machines
Package liquor
Pets
Pet food
Pharmaceuticals
Plants and flowers
Shoes
Sporting goods
Stationery
Tobacco products
Toys
%rideo
9
Attachment C Cont.-Article 29.501(4)-3 Excerpt
---Food sales(not incfudiag,seating areas): -- ---— -- —--- - ---- —�
Bakeries
Candy {
Delicatessens I
Retail Personal,Business and Repair Services: I
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 case facilities
Employment agencies
Hair,tanning,and personal care sen*ices
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,inotorized bicycle,clock,watch,shoe,gun,appliance and office equipment repair
Upholsterers
Veterinarian offices i
Accessory Uses 1
Offices and storage of goods,and manufacture or repackaging of goods for on-site sale
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Attachment E-Applicants Statements and Criteria Answers General Standards
Attachment#1
Special Use Permit;Ames Pet Resort,2811 Hyatt Circle
1.General Standards
[a) Be harmonious with and In.accordance with the gener'al principles and proposals of the land
Use Policy Plan(LUPP)
Ames Pet Resort has been in operation at 2811 Hyatt Circle for several years and is in the
business of providing pet care service by way of offering,boarding,grooming and.daycare for
dogs and cats.We have maintained a well-groomed property and our use of energy(water,
electricity),our.waste created and our impact on the environment has been and will continue to
be minimal.
The proposed addition is to meet the change in the state requirement for square fleet required
of play area per dog,By moving existing services into this addition,the required play area can be
facilitated within the existing facilities.
(b) Be designed,constructed,oporated'and maintained so as to be harmonious In appearance
with the existing or intended character of the general vicinity and that such use will not
change the essential character of the area In which it Is proposed,
The proposed addition will be of similar materials used.in construction of the existing structure:
Careful consideration of this appearance was purposely Integrated Into the design to maintain
the harmony.
(c) Not be hazardous or disturbing to existing or future uses in the same general vicinity
our use(kennel)Is an allowable use within.this zone(GQ and Vve never received complaints
from adjacent businesses.The proposed addition would not create anything hazardous or
disturbing to the general vicinity.
(d) 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
This business/building already has the essential utilities in place,including all required facilities,
(e) 1Vot create excessive additional requirements at public cost For public facilities and services
There,are no requirements In addition to the Infrastructure currently in place.
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(f) Not Involve uses,activities,processes;materials,equipment or conditions of operation that
will be detrimental to any person, property orgeneral welfare by reason of excessive
production of traffic, noise,smoke,fumes,glare,or odors
This addition wouldn't create any additional traffic,noise,smoke,fumes,glare or odors.
(g) Be consistent with the intent and purpose of the Zone in which It Is proposed to locate such
use
Ames Pet Resort Is in a General Industrial Zone(Gi)and kennels are an approved use for a Gr
zone or Commercial Zone.However,the nature of our business makes us much more
compatible with a GI Zone.Please consider a primary purpose of a General 1pdusirial Zone is"To
promote economic viability of a type generally not appropriate for or compatible:with retail
sates areas."
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