HomeMy WebLinkAboutA3 ITEM #: 21-08
DATE: 06-23-21
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
REQUEST: A Special Use Permit to allow expansion of a religious institution use in the
Highway Oriented Commercial (HOC) Zoning District for the property located at 3329
Lincoln Way.
BACKGROUND:
In December 2019, Lutheran Church of Hope (Hope) purchased the property at 3329
Lincoln Way. (See Attachment `A' for Location Map) The site contains one building and
associated parking. The site improvements and building are nonconforming to setbacks,
landscaping, and other related zoning standards. At the time of purchase in 2019, there
was an existing lease with the Laundromat (located on the North side of the building).
That lease has now expired and Hope would like to reconfigure the laundromat space
into small group support rooms and storage for the church. The request is to extend the
religious institution use throughout the entire 6,500 sq. ft. building and make
corresponding changes to the site and parking layout. The proposed expansion converts
approximately 3,600 square feet of the building to uses related to the religious institution
use.
The regulations for the Highway Oriented Commercial zoning districts permits religious
institutions subject to approval of a Special Use Permit being issued by the Zoning Board
of Adjustment for expansion of the use on the property. Nonconforming sites and
buildings (defined by Article III of the City's Zoning Ordinance) are permitted to be reused
and maintain pre-existing nonconformities when there is no increase in nonconformity,
with the expectation of making improvements to site features, such as parking and
landscaping, to the extent practicable with approvals for improvements to the property.
A Special Use Permit had previously been granted for a portion of the building (2,900 sq.
ft.)for weekly religious services by Stonebrook Community Church in October 2007 (Case
# 07-16). The peak use of the site was for Friday evening. The remainder of the building
had uses not associated with the church, such as the Laundromat and a cafe. A condition
for granting the SUP in 2007 included approval of a Joint Use Parking Agreement
between Stonebrook and St. Andrew's Lutheran Church (at 209 Colorado Avenue)for the
remote use of 53 paved parking spaces. The Joint Use Parking Agreement limited use of
the remote parking spaces to Friday evenings from 6:30 pm — 12:00 am. An
encroachment into the west alley for building egress was also approved in 2007.
Hope has been using the approved religious institution area for smaller worship space
since purchasing the building. Hope currently holds their larger Sunday worship services
at City Hall Auditorium. The intended use of the building at 3329 Lincoln Way is to provide
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a facility for mid-week groups including high school and middle school youth groups, adult
small groups, and offices for the ministry staff. Typically, a gathering of up to 60 people
meets for worship and a message, and then breaks up into smaller groups. Office staff
includes about six people. Hope does not describe as part of their proposed use, regularly
using all of the rooms, offices, and worship space concurrently. The main worship area is
proposed as 2,201 square feet, this is consistent with space originally approved in 2007.
(See Attachment `B'for Existing and Proposed Floor Plan & Elevations.)
With the change of use to the facility, it was necessary to determine if all of the required
parking could be met on-site. Required on-site parking for religious institutions is
calculated based only on the worship area. The proposed worship area is 2,201 sq. ft.
(The applicant is proposing to enclose a 300 sq. ft. space as storage room in the
mezzanine to reduce the worship area to 2,201 sq. ft. in order to meet the on-site parking
requirement.) A worship area of 2,201 sq. ft. requires 37 parking spaces (one parking
space per 60 sq. ft. of worship space). (See Attachment `C', Proposed Site Plan.) Access
to the site is via two driveways from Colorado Avenue and an alley along the west property
line. One way circulation occurs across the front of the building parallel to Lincoln Way.
Additionally, the Zoning Ordinance includes several opportunities for reducing the total
number of required parking spaces by providing bicycle parking and removal of pavement
to provide enhanced landscaping (See Finding for Commercial Zone Standard #1 for
more detail). Through these mechanisms, the applicant is able to reduce the required
parking down from 37 to 31 and satisfy the required parking for the facility. The applicant
has proposed a mix of parking types to meet these standards. Note that the remote
parking that was previously approved by the City Council does not factor into this
proposed plan as it was permitted for only Friday evenings as Hope does not propose to
have their peak use on Friday evenings.
Thirty-one spaces are provided on the site plan. These include:
• 2 Accessible Parking Spaces;
• 23 Full Size Parking Spaces (9' x 19'); and
• 6 Compact Parking Spaces (9' x 16').
One truck parking space is also included to accommodate Hope's large box truck, which
is currently used to transport media equipment between the site and City Hall. Truck
parking does not count towards credit in the calculation of on-site parking spaces. The
proposed truck parking space is located outside of the front setback, as required by the
Zoning Ordinance for storage.
The site is located between two bus stops on an active bus route corridor. Users of the
site will have the opportunity to arrive by car, bus, bike or by foot, as all of these forms of
transportation are supported by the site improvements.
It should be noted that in 2016, the City completed improvements to the nearby Franklin
Avenue intersection and Lincoln Way to the Wilmoth Avenue intersection. As part of the
City's project, 7.5 feet was acquired from the site for the construction of a sidewalk along
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the site's frontage. This acquisition removed a landscape buffer and resulted in a
reconfiguration of parking. The resulting depth of the property is 102.5 feet. With the
construction of the City sidewalk, the prior property owner agreed to have the current
configuration along Lincoln way of a large curb and parking overhang. Although all of the
space south of the parking lot appears to be a public sidewalk, the property line extends
approximately 13 inches south of the curbing. The curbing between the Lincoln Way
sidewalk and the parking area is positioned to act as a wheel stop with vehicle overhang
beyond and up to the public sidewalk. Obstruction of the actual sidewalk with vehicle
overhang is not permissible.
STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL: The applicant has
provided the attached application including statements as to how the proposed religious
institution meets the requirements for a Special Use Permit.
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), (c), 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 (c) 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.)
(b) Commercial Zone Standards. The Zoning Board of Adjustment shall review
each application for the purpose of determining that each proposed use in a
commercial zone meets the following standards..."(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."
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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 this request for a Special Use Permit
to allow expansion of the existing religious institution at 3329 Lincoln Way into the
entire facility, and replace Case #07-16, by determining that the Findings of Fact
and Conclusions in the Addendum, meet the criteria of Section 29.1503(4) and
with the following conditions for updates to the proposed Site Development Plan
reflecting City standards:
• The sidewalk along the Colorado Avenue frontage through the drives will
need detectable warning panels on both sides of each driveway.
• The sidewalk connection to the ramp at the northwest corner of Lincoln Way
and Colorado needs to be verified that it meets COA ramp standards.
Otherwise, it may be necessary to remove part of all of the existing ramp to
make a compliant connection.
• The proposed sidewalk from Colorado Avenue is illustrated as crossing onto
the applicant's property in order to align with the grade of the Lincoln Way
sidewalk. When making this connection, portions of the sidewalk that cross
private property will need a pedestrian easement.
• Areas where pavement is proposed to be removed for new landscape areas
will also require removal of compacted material. New soil meeting organic
content requirements of the City will need to be used as backfill in these
areas.
2. The Zoning Board of Adjustment can deny this request for a Special Use Permit to
allow expansion of the existing religious institution at 3329 Lincoln Way by finding
that the project does not meet the criteria of Section 29.1503(4).
3. The Zoning Board of Adjustment can refer this request back to the applicant or to
City staff for additional information.
PLANNING AND HOUSING DEPARTMENT RECOMMENDED ACTION:
The proposed reuse of the site removes commercial uses from the site but provides for
site improvements to meet the minimum needs of the proposed use and improvements
to the site conditions. Due to the accessibility of the site via multiple modes of
transportation staff believes the reduced vehicle parking for this non-commercial use of
the site is workable. With the proposed site improvements to serve the proposed non-
commercial use, the site would still be able to be reused for a commercial use in the future
of retail or office uses based upon available parking. Staff concludes that the expansion
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of the existing religious institution at 3329 Lincoln Way is consistent with the general and
specific commercial standards required for granting a Special Use Permit.
Based upon the Findings of Fact and Conclusions in the Addendum, it is the
recommendation of the Department of Planning and Housing that the Zoning Board
of Adjustment approve Alternative #1 with the identified conditions, to allow
expansion of the existing religious institution at 3329 Lincoln Way into the entire
facility.
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ADDENDUM
FINDINGS OF FACT & CONCLUSIONS:
Based upon the proposed description of use, site development plan, and facts of 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 Land Use Policy Plan (LUPP) map designates this site as
"Highway-Oriented Commercial." The current commercial LUPP designation
allows for commercial trade and office uses as well as religious institution uses.
The area is characterized by a full range of retail and service businesses, serving
west Ames The intended and current users of the site are Iowa State University
students and young adults, and high school and middle school youth of the
community.
Conclusions: Staff believes that the request is harmonious with and in accordance
with the general principles and proposals of the LUPP for a commercial land use
designation. The proposed use is consistent with the goals of the Highway
Oriented Commercial designation of the LUPP as a use that can be appropriately
located in a commercial area that is intended for higher intensity uses in general
and the proposed level of use as a religious facility can be compatible with its
surroundings.
The site is also part of a Focus Area as part of Lincoln Way Corridor Plan that
identified goals for redevelopment or reuse of along Lincoln Way. The proposed
use and site improvements are consistent with the general goals for the focus area
without conflicting with any specific use requirements. 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: The existing use of the site as a religious institution was first
approved in 2007. The primary peak activity use of the site, assembly for worship,
is consistent with the prior approval for partial use of the site as a religious
institution. The activities will occur within the building. The building is located on a
corner parcel with good transportation connectivity. Thirty-one parking spaces are
provided and meet the off-street parking requirement for the use.
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Changes to the site include a pedestrian access way between the front door of the
building and the public sidewalk along Lincoln Way, new parking lot striping,
additional landscaping, and a sidewalk along the property frontage on Colorado
Avenue.
The existing single pane storefront wall on the east and north sides of the building
has deteriorated and will be replaced with an exterior wall matching the character
of the existing south and west walls. The majority of the work to the building is
interior reconfiguration of existing space. (See Attachment `B' for Existing and
Proposed Floor Plan & Elevations.)
Conclusions: The expansion of the existing use as a religious institution into the
rest of the building will not alter the intended character of the surrounding
neighborhood due to size of the proposed use, its hours of operations,
configuration of parking and its access, and improved aesthetics with landscaping.
The addition of a new sidewalk to the street frontage along Colorado Avenue will
fill a gap that currently exists and will result in better pedestrian connectivity for the
greater area. The addition of some landscaping in an area that is currently all
paved will be an improvement over what is existing.
Therefore, Staff believes that the proposed improvements to the building and site
will be harmonious in appearance to the existing area and supportive of the
essential character of the area. It can be concluded that the use 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 area is a mix of retail, office and other commercial service
uses. There will be no conflict with the surrounding area, as times of greatest use
will generally be opposite from the hours of operation from a typical retail or office
use and the church will be able to accommodate all its required parking on-site.
Conclusions: Staff believes that the operation of a church will not be disturbing or
hazardous to existing and/or future uses in the area compared to existing
conditions and prior operations of the site. 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 directly served by an arterial street (Lincoln Way). All
City services are available to the site. Water and sewage use will be substantially
reduced by the proposed change of use from the former laundromat space. The
existing worship space will remain.
Conclusions: All public facilities are available to serve the site. It can be
concluded that the use meets General Standard (iv) for a Special Use Permit.
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(v) Not create excessive additional requirements at public cost for public
facilities or services.
Findings of Fact: The applicant states that there are presently enough restrooms
and hospitality area to service the entire building. As noted previously, Hope holds
their Sunday worship services at City Hall auditorium. The building at 3329 Lincoln
Way will provide facilities for mid-week groups including high school and middle
school youth groups, adult small groups, as well as offices for the ministry staff.
The proposed church expansion will not require additional public infrastructure, nor
additional fire or police resources. The building is sprinklered. The cost of the new
sidewalk along Colorado Avenue will be responsibility of the property owner.
Conclusions: This use will not create additional requirements at public cost. The
entire cost for site and building improvements will be borne by the property owner.
Because no public services are required at this time, no additional public cost will
be required. It can be concluded that the use 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: Religious institutions are not accompanied by excessive smoke,
fumes, glare, or odors. Users of the current worship space are the same users that
will occupy the expanded area. The small group rooms will allow for the larger
group to divide into smaller groups throughout the building. Therefore, no
additional traffic should be generated based upon the applicant's description of
concurrent uses and levels of occupancy. The existing signage and parking lot light
are proposed to remain.
Previously, the building was occupied by multiple uses, at all hours, with different
occupancy loads. With the approval of the SUP, the same users will be using the
worship space as the expanded classroom space. Therefore, it is expected that
the number of trips generated by the use will decrease demand. The expansion of
the use as a religious institution, reduces the required off-street parking that has
to be accommodated on-site, allowing all of the required parking to be met on-site.
Conclusions: The expanded use as a religious institution will not produce
excessive traffic, smoke, fumes, glare or odors and will not involve detrimental
activity. 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 site is located in the Highway-Oriented Commercial Zone.
Religious Institutions are an allowed use in the Highway Oriented Commercial
zoning district with approval by Special Use Permit. The zone intends for a wide
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range of commercial uses that can range in size from small individual building to
large big box retail centers. The zone is meant to allow for areas set aside for high
activity commercial uses along arterial streets that are not within residential
neighborhoods.
Conclusions: The City Council, through the zoning ordinance, has determined that
this type of use is consistent with the intent and purpose of the Highway Oriented
Commercial zoning district and upon specific review the layout and operations can
be found to be meet the purpose and intent of allowing for religious institutional
uses that are compatible with the commercial surroundings. Only minor
modifications are needed to the exterior of the building. Site improvements include
increased pedestrian connectivity and landscaping that improve the site's
consistency with zoning standards. The scale of the proposed religious use at this
location is compatible with the surrounding area. Staff believes that the proposal
is consistent with the intent and purpose of the Zone to accommodate higher
activity uses, does not displace a substantial amount of commercial uses, and the
site is readily able to be reused in the future for allowed retail and office uses of
the base zone. It can be concluded that the use meets General Standard (vii)
for a Special Use Permit.
Commercial Zone Standards.
(i) Be compatible with the potential commercial development and use of
property planned to occur in the area.
Findings of Fact: The site has nonconformities for the current building location in
relation to side and rear setbacks. The parking lot configuration does not meet front
yard landscaping, parking setbacks, or parking lot landscaping. Reuse of the
building and site are allowed by Article III of the Zoning Ordinance as long as there
is no increase in nonconformities with proposed changes or improvements and
practicable improvements are made with the review of a Site Development Plan
for the site.
This SUP change and Site Development Plan improvements will allow the church
to fully occupy the entire facility for use as a religious institution. The area for
worship will be 2,201 sq. ft. A portion of the mezzanine will be enclosed to create a
300 sq. ft. storage room. Required parking is calculated based upon the worship
area at the ratio of 1 parking space per 60 sq. ft. of worship area or 37 required
parking spaces. The required parking is allowed to be reduced based upon the
provision of bike parking and additional landscaping.
The Planning & Housing Director may approve a reduction of required parking
spaces for nonresidential uses that have adequate vehicle parking, at a ratio of
one parking space for every six qualified bicycle system spaces up to a maximum
reduction of five spaces. The applicant is including 15 bike racks (accommodating
30 bikes) and has met the requirements in Sec. 29.406(e) to qualify for a reduction
of five required parking spaces.
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Additionally, the Planning & Housing Director may approve a reduction of 1-2
spaces with increased landscaping within the parking lot. In this case the P&H
Director has granted a one space reduction for landscaping. Given this, the
required parking is reduced from 37 to 31 parking spaces and 31 spaces are
provided. This is also in keeping with the recommendation of the Lincoln Way
Corridor Plan which encourages increased landscaping when the site is
redeveloped.
Up to 20% of the parking spaces may be compact spaces. Six compact spaces (as
allowed per Section 406(9)(a)) have been provided. Two accessible parking spaces
are required and have been provided per Table 406(14). A truck parking space has
also been designated and is located outside of the front yard setback. The truck
space does not count toward the required parking.
It should be noted that in 2016, the property was reduced in depth by 7.5 feet to
accommodate the Lincoln Way capital improvement project. The resulting depth of
the property is 102.5 feet. The curbing between the Lincoln Way sidewalk and the
parking area is positioned to act as a wheel stop with vehicle overhang beyond. As
a result, the property is constrained in being able to provide other alternatives for
meeting on-site parking.
A new accessible pedestrian route has been included from the front door to the
public sidewalk. The accessible route will require a curb cut and ramping to meet
accessibility requirements.
A new public sidewalk will be constructed along the Colorado Avenue property
frontage and connected into the Lincoln Way public sidewalk. Both driveway
approaches are shown as being replaced with a new approach and sidewalk.
Detectable warning panels are required on both sides of each driveway. The
applicant will need to verify that the sidewalk connection to the Lincoln Way
sidewalk meets the City's ramp standards. Otherwise, it may be necessary to
remove part or all of the existing ramp to make a compliant connection. Additionally,
the proposed sidewalk from Colorado Avenue is illustrated as crossing onto the
applicant's property in order to align with the grade of the Lincoln Way sidewalk.
When making this connection, portions of the sidewalk that cross private property
will need a pedestrian easement.
The expanded use as a religious institution fits the criteria of what could be
expected in a Highway Oriented Commercial zone. Property usage in the area is
a mix of varying intensities. The surrounding area is already developed and is not
expected to change in the future. The size of the church and its hours of use
support its compatibility.
Conclusions: Staff believes that this activity in a commercial zone district will not
alter the traffic pattern, and that the hours of operation are compatible with the
surrounding businesses. It can be concluded that the use meets Commercial
Zone Standard (i) for a Special Use Permit.
Represent the sufficiently desirable need for the entire community that the
loss of commercial land is justifiable in relation to the benefit.
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Findings of Fact: This reduction in commercial land was first addressed in 2007
when the facility was granted a Special Use Permit to operate a religious institution
within a portion of the building. The amount of square footage converted from
commercial to a religious institutional use is approximately 3,600 sq. ft. Expansion
of this use into the rest of the building will allow the church to better serve the Ames'
community. Parking is available on-site to serve the use.
Conclusions: The proposed change in minor in scale compared to the amount of
commercial space available along Lincoln Way. Staff believes that the loss of
commercial land by the expansion of the church into the entire building will be
offset by generating vibrancy in the area and increasing commercial activity for the
surrounding businesses. The provision of a new sidewalk and bike racks will
support and promote pedestrian and bicycle use in the area and bring a different
type patron to the area than previously generated by the laundromat. It can be
concluded that the use meets Commercial Zone Standard (vi) for a Special
Use Permit.
Be consistent with all other applicable standards in the zone.
Findings of Fact: The majority of changes to the property are within the interior of
the building. Changes to the site will reduce existing site nonconformities in support
of the highway oriented commercial zoning district regulations and will be not only
improve the property but will also improve the area by improving pedestrian access
and support of bicycle use by providing bicycle parking facilities. Note that there
are conditions incorporated for conformance to City sidewalk requirements.
Conclusions: It can be concluded that the use meets Commercial Zone
Standard (viii) for a Special Use Permit.
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Attachment A
Location Map
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LOCATION MAP
4Lutheran Church of Hope - 3329 Lincoln Way
Legend
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Attachment `13'
Existing and Proposed Floor Plan & Elevations
(please see separate attachment)
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Attachment `C'
Site Plan
(please see separate attachment)
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