HomeMy WebLinkAboutA003 - Staff Report December 8, 2021 ITEM #: 4
DATE: 12-08-21
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
REQUEST:
A Special Use Permit to allow the use of a Dry Cleaning and Laundry Facility in the Highway
Oriented Commercial (HOC) Zoning District for the property located at 306 E. Lincoln Way.
BACKGROUND AND PROJECT DESCRIPTION:
Rick Kasperbauer of Mayfair Cleaners is proposing to relocate their current operations and
build a new dry cleaning and laundry facility on a 13,398 sq. ft. lot at 306 E. Lincoln Way.
Previously, a Special Use Permit was approved in September 2018, but it has since expired
along with the Site Plan and Special Use Permit. The property is zoned "HOC" Highway
Oriented Commercial and is currently vacant.
The request is identical to what was previously approved, as the applicable regulations have
remained the same. Only the address has been updated.
In Table 29.804(2) of the Zoning Ordinance, the "HOC" zone requires that a Dry Cleaning and
Laundry Facility be subject to approval of a Special Use Permit by the Zoning Board of
Adjustment (ZBA). The Special Use Permit requirement is intended to guide Dry Cleaning and
Laundry Facilities toward compatibility with their surroundings. Three additional standards are
included related to Dry Cleaning and Laundry Facilities. These standards address chemical
processes, adjacent uses, and a general parking standard.
A single 2,400 square foot building is proposed at the northeast portion of the site, set against
the front and side setback lines. The front lot line setback is 20 feet and the side yard setback
from the alley is 5 feet.
Access to the site is proposed from High Avenue with a connection to the adjacent alley on
the east side of the site. No driveway access will be permitted off of E. Lincoln Way. Eight
parking spaces plus one delivery van space are included on the plans. Parking is calculated
at the retail sales and services rate of 1 parking space for every 300 square feet. Sidewalks
currently exist along both E. Lincoln Way and High Avenue. There will be a sidewalk
connection from the public sidewalk to the front door of the business.
The applicant proposes to have a pick-up/drop-off area to accommodate customers. It is
proposed to be located at the south end of the building facing west. The drive aisle adjacent
to the pick-up / drop-off area is designed with a width of 14 feet to accommodate the ease of
circulation around the pick-up/drop-off area. Zoning standards require pavement areas to be
setback a minimum of 3 feet from adjacent property lines. The applicant is requesting an
exception to the pavement setback in this area, to allow a zero setback. A separate
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agenda item addresses this exception request. The applicant is also the owner of the
adjacent property.
A 10-foot front yard landscape area is included as well as the required parking and loading
area landscape. Other than the exception request, the applicant is in compliance with the
requirements of Sec. 29.403 Landscaping and Screening. The exception is for a pavement
setback and does not impact any of the required landscaping. The landscaping will include a
total of 8 overstory trees, 16 shrubs, 80 ornamental grasses, and 36 decorative perennials.
Additionally, the applicant meets all Zoning development standards and the site has been
approved by the staff DRC process.
STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL:
The applicant has provided the attached application including statements as to how the
proposed Dry Cleaning and Laundry Facility meets the requirements for a Special Use Permit.
APPLICABLE LAW:
Section 29.1315 of the Zoning Ordinance states the following_
DRY CLEANING AND COMMERCIAL LAUNDRY FACILITIES.
Dry cleaning is any cleaning process for clothing and textiles that uses a chemical solvent
rather than water. Dry cleaning and laundry facilities are permitted in the General Industrial
(GI) Zone. Dry Cleaning and Laundry may be located in the Highway Oriented Commercial
District(HOC) by virtue of a Special Use Permit authorized by the Zoning Board of Adjustment.
A Special Use Permit for a dry cleaning and laundry facility shall be subject to the Zone
Development Standards of the HOC Zone and also be subject to the following additional
regulations: (The standards are listed in this report below.)
Section 29.1503E (�(c), and (e) of the Zoning Ordinance 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.)
(c) Commercial Zone Standards. The Zoning Board of Adjustment shall review
each application for the purpose of determining that each proposed use in a
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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."
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 at
306 E. Lincoln Way to allow the use of a 2400 square foot Dry Cleaning and Laundry
Facility in the Highway Oriented Commercial (HOC) zone by adopting the findings and
conclusions noted above, and with the following conditions:
a. Use of the building and site are for a dry cleaning and laundry facility that does
not use perch loroetheylene (commonly referred to as "perc")
b. Changes or expansion of the use, facility, or layout of the site, requires an
amendment to the Special Use Permit.
2. The Zoning Board of Adjustment can approve this request for a Special Use Permit at
306 E. Lincoln Way by adopting the findings and conclusions noted above, and with
other conditions in addition to or in lieu of those noted above.
3. The Zoning Board of Adjustment can deny this request for a Special Use Permit at 306
E. Lincoln Way by finding that the project does not meet the criteria of Section
29.1503(4).
4. 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:
Staff concludes that the proposed Dry Cleaning and Laundry Facility, at 306 E. Lincoln Way
is consistent with the Dry Cleaning and Commercial Laundry Facility Standards and the
general and specific commercial standards required for granting a Special Use Permit. The
general area is developed area with a mix of commercial and residential uses and the
proposed use can operate in manner that is compatible with the surrounding uses. Site
improvements including landscaping will further make the use more attractive for its adjacent
neighbors and those viewing the site from E. Lincoln Way.
Therefore, 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.
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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.
Dry Cleaning and Commercial Laundry Facility Standards.
(i) Chemical Processes. Use of Perch loroethylene (PCE or also referred to as Perc)
is prohibited.
Findings of Fact: The applicant states that the use of perch loroetheylene (commonly
referred to as "perc") is not used in Mayfair's cleaning process.
Conclusions: Given that perch loroetheylene (commonly referred to as "perc") is not
used, it can be concluded that the use meets Dry Cleaning and Commercial Laundry
Facility Standard (i) for a Special Use Permit.
(ii) Adjacent Uses. Dry Cleaning Facilities shall not be co-located in the same
building with any residential use, childcare, or school.
Findings of Fact: The development includes one single use 2400 square foot building.
No residential, child care or school use will occur in the building.
Conclusions: Given the single use of the building there will be no colocation of uses. It
can be concluded that the use meets Dry Cleaning and Commercial Laundry Facility
Standard (ii) for a Special Use Permit.
(iii) Parking. The number of off-street parking spaces shall be calculated at the same
rate as other retail parking requirements of Article IV."
Findings of Fact: Parking will be provided at the required retail ratio of 1 parking space
per 300 square feet of use. As required, the applicant includes eight parking spaces
plus one delivery van space.
Conclusions: The site plan includes the required retail parking ratio. Therefore, it can
be concluded that the use meets Dry Cleaning and Commercial Laundry Facility
Standard (iii) for a Special Use Permit.
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 property is in compliance with the LUPP which illustrates this
area as Highway Oriented Commercial. The LUPP states that the City of Ames aspires
to enhance Lincoln Way as a place and desirable area within the City that is contextual
to its surroundings; the Lincoln Way Corridor Plan, however, does not specifically
address any conditions that impact this area of the corridor.
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Conclusions: The proposed use of the site as a Dry Cleaning and Laundry Facility is
consistent with the general principles and proposals of the LUPP. It can be concluded
that the use 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: The site is currently vacant property. Formerly the site included
residential structures. Within the area there are a mix of uses in the vicinity of the site:
Community Choice Credit Union (west), residential dwelling owned by applicant
(south), Ames Motor Lodge (east), WCI Pools & Spa [showroom], Ames Cars.com
[automotive repair and sales], Magic Mufflers & Brakes, and City's Resource Recovery
Plant (north). Building fagades vary greatly but generally include features along the
street frontage such as, windows, roofline changes, and a variety of materials.
The proposed building will be a single use one-story prefabricated metal building with
fagade components that fit within the context of E. Lincoln Way (see Attachment 'B').
Conclusions: The use of the site does not create conditions which cause a conflict nor
which alter the intended commercial character of the surrounding area. The scale of
the proposed commercial use fits the intent of the zoning district. Therefore, 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: The applicant states, "the dry cleaning process is environmentally
safe. All cleaning material is recovered and reused. The use of perch loroetheylene
(commonly referred to as "perc") is not used in this cleaning process. The only dry
cleaning solvent utilized is Solvon K4, manufactured by Kruessler Corporation. The
equipment for this solvent is manufactured by Union DC Machines. It is a totally sealed
machine that has no vents or discharge. The solvent is reused constantly and is filtered
and distilled to keep it clean. There is no exhaust to the atmosphere. The clothes go in
dirty and come out clean and dried all in one cycle. This type of drycleaning machine
is called a "dry to dry". This machine is currently in operation at 508 Lincolnway in
Ames. We were the first in the state of Iowa to use this state of the art machine and
environmentally safe solvent." The cleaning is not hazardous or disturbing to existing
or future uses in the vicinity.
Conclusions: The environmentally friendly operation of the Dry Cleaning and Laundry
Facility makes it non-hazardous nor disturbing to other uses adjacent to the site or
permitted within the HOC zone. 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.
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Findings of Fact: The site has access to all utilities and other services supplied by either
the City of Ames or by other vendors operating in the City. Access to the site is
proposed from High Avenue with a connection to the adjacent alley on the east side of
the site. Other users to the south also make use of the alley for access. There will not
be any access off of E. Lincoln Way which is an arterial.
Conclusions: The site will be adequately served by police, fire, water, sewer, drainage,
refuse. As a commercial facility, it will have no impact to school enrollment. 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: The site is a redevelopment site. No additional fire or police resources
will be required to serve the proposed use.
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.
(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 applicant states that the cleaning process is a closed loop system
and that there will be no contact with chemicals. The process is not detrimental to any
person, property or the general welfare. There is no noise, smoke, fumes, glares or
odors.
The site is located on an arterial street that is intended to serve heavy traffic; the
entrance to the facility is on a side street and the exit is on the side street and alley.
Traffic levels for the scale of operation can be accommodated by the existing street
infrastructure. Deliveries will be limited in nature and situated for loading off of the
alley.
Conclusions: The proposed interior and exterior uses, as proposed, will not produce
excessive traffic, smoke, fumes, glare or odors and will operate in a manner typical of
commercial retail or office space. 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 Highway-Oriented Commercial (HOC) Zone includes a full range
of retail and service businesses which may include a city-wide market and which are
primarily auto-accommodating. Development Standards are intended to promote a
pleasant street appearance and development that is aesthetically pleasing.
Dry Cleaning and Laundry Facilities are generally an industrial use but are allowed
within the HOC zone by Special Use Permit. The proposed dry cleaning and laundry
facility and site layout is consistent with the intent and purpose of the HOC zone.
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Conclusions: The building as proposed fits the character of a commercial use. The
building scale, layout, and operations of the site meet the purpose and intent of the
HOC 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 proposed use fits the criteria of what could be expected in a
Highway- Oriented Commercial zoning district. Future redevelopment of the area is
difficult to predict and properties in the area include a mix of intensities; however, the
applicant indicates that the area of the Dry Cleaning and Laundry Facility may be
expanded in the future into adjacent parcels to the south, owned by the applicant.
Conclusions: The proposed use is compatible with the use of properties in the general
area. The proposed architecture of the building is compatible with that of a commercial
retail building. It can be concluded that the use meets Commercial Zone Standard
(i) for a Special Use Permit.
(ii) Represent the sufficiently desirable need for the entire community that the loss
of commercial land is justifiable in relation to the benefit.
Findings of Fact: Mayfair Cleaners is relocating from their existing rented location on
Lincoln Way. They have stated that the existing location is too small and there are
traffic congestion issues. Their existing location will likely redevelop in the future under
the Downtown Gateway Commercial zoning.
There will be no loss of commercial land. The new use at the proposed location will
include a Dry Cleaning and Laundry Facility with retail operation. This is an appropriate
use for this location and within HOC.
A dry cleaning facility is a desirable service for the community's needs. Mayfair is
currently the only dry cleaning processing facility in Ames. Other businesses that offer
dry cleaning pick-up/drop-off service, ship items to out-of-town facilities for processing.
The acreage for the proposed facility is only 0.31 acre.
Conclusions: The proposed development does not result in the loss of commercial
land. It can be concluded that the use meets Commercial Zone Standard (ii) for a
Special Use Permit.
(iii) Be consistent with all other applicable standards in the zone.
Findings of Fact: The proposed site plan and use is consistent with all applicable
standards in the HOC zone. The site plan has received staff DRC approval. The only
exception from the applicable standards is a request to reduce the 3 foot minimum
pavement setback to allow a zero setback. A separate agenda item addresses this
exception request.
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Conclusions: The proposed site plan is in compliance with all applicable standards of
the HOC zone and zoning ordinance. It can be concluded that the use meets
Commercial Zone Standard (iii) for a Special Use Permit.
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Attachment `A'
Site Location & Zoning Map
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306 E. Lincoln Way
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Attachment `B'
(Site plan and elevation drawings under separate cover)
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