HomeMy WebLinkAbout3 ITEM #: 2
DATE: 12-13-23
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: December 15, 2023
CASE FILE NO.: SUP-001830
REQUEST: To allow for retail trade (Overflow Thrift Store) within a General Industrial
Zoning District at 919 E. Lincoln Way
PROPERTY
OWNER: Bart Hicklin (HIPS 28, LLC)
APPLICANT: Tami Hicks (Realtor) and Sandy Swanson (Overflow Thrift Store, Inc.)
CONTACT: Sandy Swanson (Overflow Thrift Store, Inc.)
LOCATION: 919 E. Lincoln Way
ZONING: "S-GA" Government/Airport District
BACKGROUND AND PROJECT DESCRIPTION:
The applicants, Sandy Swanson of Overflow Thrift Store, Inc. and Tami Hicks, realtor with Century
21 (representing Overflow), are requesting approval of a Special Use Permit to allow retail trade
in an existing building in the General Industrial (GI) Zoning District at 919 E. Lincoln Way
(Attachment A, Location Map). Overflow is looking to purchase the property, which is currently for
sale.
GI zoning only allows for a retail use exceeding 3,000 square feet with the approval of a Special
Use Permit. Retail uses 3,000 square feet or smaller are allowed with a Minor Site Development
Plan that can be reviewed and approved administratively by City staff.
Sec. 29.901, General Industrial states the following for the purpose of the district:
This District applies to those areas where there is a need to provide a desirable industrial
environment and to promote economic viability of a type generally not appropriate for or
compatible with retail sales areas.
The district is intended to preserve industrial property within Ames to ensure that such economic
activity will have sufficient land to operate. This logic is typical of municipal zoning. The special
use permit process allows for consideration of the compatibility of the use with the industrial
surroundings.
Overflow Thrift Store current operates two locations: 202 S. Duff Avenue (at the southeast corner
of S.E. 2nd Street) and 125 Kitty Hawk Drive (south of Airport Road, immediately to the south of
Lowe's). The north location on S. Duff Avenue sells clothing and toys; the south location on Kitty
1
Hawk Drive sells home goods, including furniture, kitchen goods, and home decor. Overflow does
not own either of these locations.
Overflow operates as a thrift store taking donations of clothing, household goods, furniture, and
other items and reselling them. Overflow uses the profits from the store to fund various charities.
Both locations take donations, depending on the item. Items that do not sell are recycled to the
best extent possible.
Overflow has been investigating either constructing a new building or purchasing a building. The
organization currently owns land directly to the east of the S. Duff Avenue location and has looked
into constructing a new building there. That land, roughly 58,000 square feet, is smaller than
property on E. Lincoln Way, which is roughly 80,000 square feet. Overflow has also stated that
the cost of constructing a building in the present economic climate is prohibitively expensive and
that more floor area can be obtained by purchasing than by constructing (Attachment B, Site Plan
& Building Plans).
Overflow has determined that its current facility on Kitty Hawk Drive is no longer suitable. The
building is leased and has a layout that is not conducive to their operations, including donation
drop-off and related processing. A large part of the building is not temperature controlled, which
has limited operations during weather extremes. The organization would also like to add space:
the current building on Kitty Hawk Drive is roughly 11,000 square feet and the E. Lincoln Way
building contains approximately 14,700 square feet on the main level and 1200 square feet on a
mezzanine.
The applicants have determined that the property on E. Lincoln Way has a better layout both
inside and outside than the location on Kitty Hawk Drive. The intent for the new site is to have
vehicles donating items enter and drive around the east of the building to the bay doors on the
rear (north) side. The vehicles will then exit around the west side of the building. The building on
E. Lincoln Way has temperature control throughout.
The applicants plan to have outdoor storage at the new location. The intent is to move a current
storage container from the Kitty Hawk Drive location and place it at 919 E. Lincoln Way. An
additional storage container is also planned to go at the new location. Both containers will be
behind the building on the north side of the property.
Overflow is also in talks with Kiwanis to place their paper recycling drop-off trailer on the property
(see Site Conditions below). Discussions are preliminary, but it is possible that the trailer will be
placed to the west of the building at 919 E. Lincoln Way.
The property at 919 E. Lincoln Way was developed relatively recently. The subject lot and the
property to the west were originally one parcel and were subdivided in 2015. In July of 2016, the
City approved the current site plan. The property was built to house industrial offices/warehouses,
with space for one to six tenants.
In October 2017, the City received an application for a Special Use Permit for the subject property.
The applicant sought permission to use more than 10,000 square feet for an automotive and
marine craft trade use in the General Industrial Zoning District, which requires an SUP. At the
time, staff did not have any objections and did not "anticipate any negative impacts on the
industrial neighborhood" (Attachment C, D&O 17-25). That approved use continues to this day.
The proposed Overflow operation would replace the vehicle sales use.
At the time the property was developed, sufficient parking spaces were striped for an office
2
warehouse use. The property had sufficient parking spaces for the current retail use. At a rate of
1 space per 300 square feet, the 14,770 square-foot building required 49 parking spaces. The
parking rate for retail has since been reduced to 2 spaces per 1,000 square feet(1 space per 500
square feet). Retail use at this site requires 15 parking spaces, which the property has. Due to
the excess number of on-site parking spaces, the applicant can modify and reduce the parking
on site to meet their operational needs.
Comprehensive Plan:
The City's comprehensive plan, Ames Plan 2040, labels the subject property and the land to the
west as General Commercial (GC). This classification includes:
- Wide variety of commercial uses, including non-retail commercial such as trade services
and automotive sales and services.
- May also include more consumer-oriented uses and services.
Stated Goals of GC include:
- Provide a compatible place with room to grow for a variety of commercial, automotive, and
light industrial uses that are significant parts of the local economy.
- Allow space for small commercial and service uses, including non-retail commercial
establishments, that benefit from locations along arterial streets.
- While allowing for a variety of uses that include service and light industrial uses, maintain
commercial design standards that support higher quality community aesthetics and
compatibility not ordinarily typical of industrial uses.
Applicable existing zoning districts for GC include the Highway Oriented Commercial Zoning
District, which allows by-right retail sales of the size proposed by Overflow. One implementation
measure of Ames Plan 2040 is to redo the commercial zoning districts and look to establish a
blended light industrial and commercial zoning district that would be appropriate for general
commercial areas. This implementation measure has not yet been started. In the meantime, the
properties designated General Commercial remain zoned as the exist today, a mix of Highway
Oriented Commercial and General Industrial until such time in the future it is determined
appropriate or desirable to rezone to allow for commercial uses.
Site Conditions
In reviewing the site, staff found two instances where the site is not in compliance with the zoning
ordinance standards.
1. Numerous trees and shrubs that were approved with the original site plan have since died
and not been replaced.
2. In the northwest corner of the property, gravel has been placed on the site. The gravel
was placed there as a connection between 919 E. Lincoln Way and the neighboring
property (the location of a Cenex gas station) to the west for the paper drop-off trailer
operated by the local Kiwanis chapter. The intent was for a semitruck to drive north from
the Cenex site, unload the trailer on the gravel, then drive off onto the subject property.
Gravel driveways and parking lots are not allowed in Ames and the increased parking lot
did not receive a site plan. Staff is working with the neighboring property and with Kiwanis
to address the issue.
Staff has discussed these issues with Overflow and the applicants have agreed to bring the
property into compliance. These issues will need to be resolved regardless of the outcome of the
Special Use Permit review process.
3
PUBLIC NOTICING:
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.
APPLICABLE LAW:
Chapter 29, Section 29.901(2) of the Ames Municipal Code contains Table 29.901(2), which lists
allowable uses as follows:
Use Category Status Approval Approval
Required Authority
Trade Uses
Retail Sales and Service—General Y SDP StaffZBA
Uses greater than one 3,000 sf use per site require a Minor/SP
Special Use Permit form the ZBA.
Automotive and Marine Craft Y SDP Staff/ZBA
Uses Greater than on 10,000 sf use per site require a Minor/SP
Special Use Permit from the ZBA.
Entertainment, Restaurant and Recreation—General N -- --
Banquet halls, and Exhibition and meeting areas Y when in SDP Minor Staff
combination
with
manufacturing
and
processing
industrial uses
on the same
lot or parcel
Wholesale Trade Y SDP Minor Staff
In addition, Section 29.1503(4)(a) 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 subsections (b), (c), and(d) 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.
*NOTE: This property lies within an industrial zoning district. The Zoning Ordinance does not
4
have specific review criteria for industrial districts. Only the general criteria are
relevant.
Any development in the City is also subject to the Development Standards of Article 4.
FINDINGS OF FACT & CONCLUSIONS:
Based upon the submitted information and site plan provided in the application, the following
findings of fact and conclusions may be made regarding the standards of approval.
Special Use Permit— General Standards.
(i) Be harmonious with and in accordance with the general principles and proposals
of the Comprehensive Plan of the City.
Findings of Fact: Ames Plan 2040 labels the property and the properties to the west as
General Commercial, which intends to allow for a mix of commercial and other service
types of use. The site is situated along an arterial street intended for high volumes of traffic
that may occur with a retail use. Land labeled exclusively for industrial use is designated
for areas primarily to the east of this site. The existing building can accommodate the use
of retail trade at this location without alterations, though the applicant does propose some
remodeling of the interior. A previous Special Use Permit was granted for the property in
2017 for a retail use for automotive and marine craft, which is similar to the proposed retail
trade.
Conclusions: Therefore, it can be concluded that the use 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.
Findings of Fact: The primary visual change to the property will be the removal of the utility
vehicles that are currently for sale on the site. Little else will change except for signage.
The landscaping will be restored to what was approved and the gravel in the northwest
corner of the property will be removed. Nothing about the proposed retail use will prevent
the property from being used for other uses allowed in General Industrial. The general
character of the area is a mix of service industrial businesses adjacent to the site, including
a gas station and commercial businesses to the west. East of Sondrol Avenue is a ready-
mix plant, a large industrial use, and across the South Skunk River to the east are other
general industrial businesses.
Conclusions: Therefore, it can be concluded that the use meets General Standard (il)
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 use of the property as a retail thrift store will not involve the keeping
of hazardous materials on site. The location will bale old clothes for further distribution but
all other activity will be in keeping with a thrift store and retail use.
5
Conclusions: Therefore, it can be concluded that the use meets General Standard
(iii) for a Special Use Permit.
(iv) Be served adequately by essential public facilities and services such as highways,
streets, police, fire protection, drainage structures, refuse disposal, water and
sewage facilities, and/or schools.
Findings of Fact: The site is served by all utilities and emergency response services. Staff
does not anticipate any impact to any local utility, emergency response service, or school.
Conclusions: Therefore, it can be concluded that the use meets General Standard
(iv) for a Special Use Permit.
(v) Not create excessive additional requirements at public cost for public facilities or
services.
Findings of Fact: No changes or upgrades are proposed or needed for use of the site.
There will be no additional public costs for public facilities or services to accommodate the
proposed retail use.
Conclusions: Therefore, 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: This facility will function similarly to existing retail uses and to Overflow's
existing locations on S. Duff Avenue and Kitty Hawk Drive. There is no evidence from its
existing operations at other locations that its operation would be detrimental to the
surrounding properties or businesses. Although the use is retail, it will have a relatively
low trip demand and traffic levels. The truck access is also able to be accommodated on
site.
Conclusions: Therefore, 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: While retail uses of the size proposed require an extra level of scrutiny,
staff does not anticipate that the proposed use will be detrimental to the GI district because
its size and the location of the site. It is in the City's interest to protect industrial land in
order to make space available for a variety of economic activity. This property can be
returned to an industrial use at any time and the proposed activity will not hamper any
surrounding industrial uses.
Conclusions: Therefore, it can be concluded that the use meets General Standard
(vii) for a Special Use Permit.
6
ALTERNATIVES:
1. The Zoning Board of Adjustment may approve the Special Use Permit for retail trade within
the General Industrial Zoning District, located at 919 E. Lincoln Way, based on the findings of
fact and conclusions stated herein, as detailed on the submitted Site Plan. —As noted above
about site conditions, staff, the current owner, and the applicants will follow up on compliance
measures and conditions of approval are not needed.
2. The Zoning Board of Adjustment may approve the Special Use Permit for retail trade within
the General Industrial Zoning District, located at 919 E. Lincoln Way, based on the findings of
fact and conclusions stated herein, as detailed on the submitted Site Plan and with
stipulations.
3. The Zoning Board of Adjustment may deny the Special Use Permit for retail trade within the
General Industrial Zoning District at 919 E. Lincoln Way if the Board finds and concludes that
the proposed amendment to the Special Use Permit is not consistent with adopted policies
and regulations, or that the amendment will impose impacts that cannot be reasonably
mitigated.
4. The Zoning Board of Adjustment may continue this request to a future meeting of the ZBA to
allow the applicant to provide additional information.
PLANNING AND HOUSING DEPARTMENT RECOMMENDED ACTION:
Staff concludes that the proposed Special Use Permit to allow for retail trade (Overflow Thrift
Store) within a General Industrial Zoning District at 919 E. Lincoln Way is consistent with the
general standards for granting a Special Use Permit. Staff also finds that the proposed use is in
keeping with the comprehensive plan. The retail store will operate in manner that is compatible
with the surrounding uses and not cause a nuisance to adjacent neighbors. Staff recommends
approval.
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.
7
Attachment A
Location & Zoning Map
O1
W
P
SONDROL—AVE
�4
r.
ELINC�O�LNNAY
0
m
3
_T
U
O
h
ai
U �
Q
Q O-E
Special Use Permit
Zoning Board of Adjustment
<_ 919 E. Lincoln Way
December 13, 2023
A N
0 50 100 200
Feet
8
�M
_ Subject Property
NEI
T
I
of.f y 1 1r
0
1
■■1AV
• . • • • • •
NEI
,AwEIIt��'
on Ell
Attachment B
Site Plan & Building Plans
oouoixz¢Isl>,we �/ X z ••
e `1009 ewq twuy AO�II „' NwaO n�m roJ•m.M I N
•,y y.;-ly.yp.xp� NTd�NUIOI5113WIO 91f10Av1311S
C�
VIC
E =y
E 8
�bo
=
............. ................ .
I
1 II a
-
I
� A J
I v _
@ � _
r � III
I c •� II I
I •'€ .—�� : � III
1 � s
r
IJ1 •_
I �_
is
a
10
-t A UPM'I3/1e 0
ysiuizI Iueuel siepue:1 aaa � fa' vl�f a�siw. I
sill -
Q¢o
� 8�
� I I
s u rv'
a
� 3 -
_
!Y - LL
N
Ic
W '
W W i i
W I I
U
-79 1
.'�
/ ♦ / 1' w 0 O I;'s
Q
7
t7lL
Ol
fliv Q a p
cv '�
ru
m> '
i
w y yl W I U U U
Q Q
w
Ln
W
S k z p vi
--�-
x
o m
Y I
Z
�o
U
� gg Ni gg gs N4
y�j 1 z
o.H N
Hill
01
11
s.E Ammgoounaeie _ F
r:p,6 g 46Iulzi Jusual siop
Iy
II �
I I I
IL I I! I III
o
10-
L I _
I 1 I I II ,I i i I I rl, II !I
J I �I III
--4 I I I 'I IIII
¢ I I LIJ II !I
� I I IIII
II 2
— -- }L`---- - L� LJ
I
I � I
I
l I
e�
gag� ee
y _
6
w--
W
tll
z= ��
G Ni
� t
gig k ! e' -i
I I I I
rye
12
Attachment C
Decision & Order from December 13t", 2017
U L L
CITY OF AMES, IOWA F E 8 1 4 2018
ZONING BOARD OF ADJUSTMEN
CITY CL.CRK
'%IAFS
10WA
IN THE MATTER OF THE APPLICATION
OF MIKE DEMOSS,ON BEHALF OF CASE NO. 17-25
FENDERS CYCLE OF AMES,FOR A
SPECIAL USE PERMIT, §29.1503 OF THE GEOCODE NO. 09-01-350-175
AMES MUNICIPAL CODE,TO ALLOW
AN AUTOMOTIVE AND MARINE CRAFT DECISION& ORDER
TRADE USE GREATER THAN 10,000
SQUARE FEET IN A GENERAL
INDUSTRIAL ZONE ON THE PROPERTY
LOCATED AT 919 E. LINCOLN WAY
FACTS
Applicant Mike DeMoss of Fenders Cycle of Ames, seeks a variance to allow use greater than
10,000 square feet in a General Industrial zone at 919 E. Lincoln Way. Bill Fedeler of H&B
Properties constructed a speculative industrial building at 919 E. Lincoln Way and the Minor
Site Development Plan was approved in July 2016.No specific tenant was identified at that time.
In October of 2017 Fenders Cycle of Ames wished to locate in the building and were apprised of
the need to seek a Special Use Permit if they desired to occupy more than 10,000 square feet of
the approximately 15,000 square foot building.
The approved site plan depicts a building of 14,770 square feet. There is a single access point off
of East Lincoln Way, a driveway that circles the building, and 50 parking spaces. The proposed
use is a motorcycle sales and service dealership. In addition, Penske trucks are rented from this
site.
While the building was built as a speculative industrial building, parking was provided at a rate
(one space per 300 square feet) that could accommodate most office and retail uses. Parking
requirements for motor vehicle sales and services are two spaces, plus one space for every 500
square feet over 1,000 square feet of showroom, and plus two spaces for every service bay. With
this formula,the use will require 31 parking spaces. As noted above,there are 50 spaces on site.
The applicant is not proposing any changes that would require an updated site plan. The existing
improvements consistent with the 2016 approved site plan will govern the overall site
improvements and can reasonably be expected to serve the new uses as well. The Site
Development Plan was approved under the prior landscape standards that were subsequently
modified on July 1,2017. Staff notes that outdoor display uses can be established on sites that do
not meet the current front yard landscaping ordinance, but proposed outdoor display uses would
require compliance with front yard landscaping upon publication of an updated Zoning
Ordinance on December 15, 2017. However if this is approved on December 13,2017 it will not
be subject to the front yard landscape requirement. The outdoor display of vehicles for sale or
lease will require a setback of 40 feet from the front property line. This would not allow the
13
parking spaces nearest the street to be used for display. In addition, vehicles parked for sale or
lease would still need to leave 31 parking spaces available for customers and clients.
City Planner Charlie Kuester reviewed the application and stated that staff does not anticipate
any negative impacts on the industrial neighborhood from the responsible use of this property as
a motorcycle dealership and truck rental business. He added that a Minor Site Development Plan
was approved, and the building was subsequently built in accordance with that plan. The site can
accommodate the proposed uses without further improvements. Mr. Kuester believes there are
plenty of parking spaces available for customers, employees and display vehicles in regard to a
question about the rental of Penske trucks from the site.
Chuck Winkleblack of Hunziker Properties testified that at the time the building was being
constructed they did not know who the tenant would be. This request comes partially from the
fact that they were unaware that a use over 10,000 square feet in this zone had to have a Special
Use Permit. He added that the tenant's business will not only include the sale/repair of
motorcycles, but also the rental of Penske trucks, and they will ensure there are enough parking
spaces available for customers,employees, and display vehicles.
Mike DeMoss testified that the business will be open 10 a.m. — 6 p.m. Monday through Friday,
10 a.m. — 3 p.m. on Saturday and closed on Sunday. He said after January 1, 2018 the business
will most likely be closed on Monday until the season picks up again.
DECISION The Board considered the facts as detailed above and provided in the staff report,
and found that all of the relevant standards in Section 29.1503 were met and established by the
Applicant.
ORDER
WHEREFORE, IT IS ORDERED that the applicant is GRANTED, pursuant to Ames
Municipal Code Section 29.1503 of the Ames Municipal Code, a Special Use Permit for an
Automotive and Marine Craft Trade Use greater than 10,000 square feet in a General Industrial
zone at 919 E. Lincoln Way.
Any person desiring to appeal this decision to a court of record may do so within 30 days after
the filing of this decision.
Done this 13`h day of December,2017.
wmilQin, I -A
Heidi Petersen i
lby el
Secretary to the Board Chair
14