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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 9-28-2016MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA SEPTEMBER 28, 2016 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 6 :00 p.m. on September 28, 2016, in the Council Chambers of City Hall with the following members present: Susan Bradbury, Kyle Perkins, Matthew Koehler and Amelia Schoeneman. Board member Shelby Ebel was absent. City Planner Karen Marren and Assistant City Attorney Mark Lambert were also present. APPROVAL OF MINUTES: Moved by Perkins, seconded by Schoeneman, to amend the minutes of the meeting of September 14, 2016 under Case No. 16-12, as follows: “It is only visible to the property owner located to the south, and they have no concerns.” Vote on Motion: 4-0. Motion declared carried unanimously. CASE NO. 16-13 SPECIAL USE PERMIT – Kevin McGraw, River Caddis Development Public Hearing on an application for a Special Use Permit to allow stacked/valet parking at the proposed building at 2700, 2702, 2718, and 2728 Lincoln Way, 112 and 114 S. Hyland Avenue, and 115 S. Sheldon Avenue. City Planner Karen Marren displayed a location map and site plan for the project. River Caddis Development is requesting the approval of a Special Use Permit for stacked/valet parking for a proposed hotel to be located on the properties at 2700, 2702, 2718 and 2728 Lincoln Way, 112 and 114 S. Hyland Avenue, and 115 S. Sheldon Avenue. The subject site consists of seven properties with a total area of 1.8 acres. The developer is in the process of rezoning four of the properties to consolidate all of the properties in the Campustown Service Center (CSC) zone. When completed, the overall development project would consist of a six-story mixed-use development including ground floor commercial retail space, a ground floor 20-room boutique hotel, and residential apartments and amenity space above. Parking for the project will be provided in two areas: an underground structured parking lot accessed from S. Sheldon Avenue on the east site of the project, and a surface parking lot along the south side of the development site accessed from S. Hyland Avenue. The project includes the required total number of off-street parking spaces per the Zoning Ordinance, however to meet this total the developer has requested approval of stacked parking for 11 stalls. The CSC zone requires that parking be provided for the 20-room hotel at a ratio of one space per guest room, plus one space for every two employees of the largest shift. The applicant is proposing 20 rooms and has provided a total of 22 parking spaces within the surface parking area along the south side of the building. The 22 provided spaces are on the north side of the surface lot and are noted as stacked parking spaces, which require approval of the valet parking use through the Special Use Permit process. Being the spaces are stacked, the Zoning Ordinance requires that an on-site attendant be present during all hours of operation of the lot to allow for moving of the vehicles. The developer also proposes to add three parking spaces within the public right -of-way along the east side of S. Hyland Avenue for loading and unloading for the valet function of the hotel. The developer has proposed a tree well to include street trees with the loading area. Staff notes that exclusive private use of public parking spaces has not been allowed with the proposal; therefore, at this time those three spaces on Hyland would be signed only as a general loading zone, not as valet parking dedicated to the hotel use. If it is determined that the spaces are required for private use of the hotel, City Council would need to enter into a license agreement for such spaces to allow for private use of the spaces in the public right-of-way. If the spaces were not to be approved or available, the developer would need to amend the special use permit proposal for stacked parking. The site plan, project description, applicable law, and findings of fact and conclusions were reviewed in detail by Ms. Marren. She explained that City staff has reviewed the request and recommends that the Board approve the request for a Special Use Permit to allow for stacked/valet parking for a hotel use as part of a new mixed use development located at 2700, 2702, 2718, and 2728 Lincoln Way, 112 and 114 S. Hyland Avenue, and 115 S. Sheldon Avenue with conditions: a. The property owner is responsible for ensuring the Hyland loading spaces are maintained for use of loading and unloading, and not as parking for their guests or residents. Additionally, the property owner is responsible for snow removal of the loading spaces to ensure the spaces are continuously available for loading and unloading. b. The valet service is prohibited from parking of hotel guest vehicles on public streets. c. Prior to final occupancy of the hotel, a covenant shall be recorded that, per the requirements of the Ames Municipal Code, requires the presence of a valet for the use of stacked parking spaces as required parking spaces. Board Member Bradbury wanted to clarify what type of stacked parking this would be. It was said that the stacked parking would be tandem. Board Member Koehler asked if condition “C” was already written into the Ames Municipal Code. Ms. Marren stated that it was and it would be a condition of occupancy. Board Member Schoeneman asked how many parking spaces would be underground. Ms. Marren stated that it is required to have 157 parking spaces for residents and 22 spaces for hotel use, totaling 179 for the overall development. Developers will be providing 181 parking spaces on the property, and believes around 66 would be on the surface parking lot; the rest would be underground. Chuck Winkleblack, Hunziker Development, was sworn in and testified under oath. Mr. Winkleblack stated that most likely the site will not have 100 percent occupancy at a time, and he stated that valet will make the situation very workable. Mr. Winkleblack mentioned that City Council is working on passing a zoning ordinance for the site and he would be happy to answer any questions. Board Member Koehler asked if the loading zone will be for public use. Ms. Marren said that the loading zone would be public and it is not limited to hotel use. Moved by Koehler, seconded by Perkins, to approve ORDER NO. 16-13, thereby approving the request for a Special Use Permit to allow stacked/valet parking at the proposed building at 2700, 2702, 2718, and 2728 Lincoln Way, 112 and 114 S. Hyland Avenue, and 115 S. Sheldon Avenue with the following conditions: a. The property owner is responsible for ensuring the Hyland loading spaces are maintained for use of loading and unloading, and not as parking for their guests or residents. Additionally, the property owner is responsible for snow removal of the loading spaces to ensure the spaces are continuously available for loading and unloading. b. The valet service is prohibited from parking of hotel guest vehicles on public streets. c. Prior to final occupancy of the hotel, a covenant shall be recorded that, per the requirements of the Ames Municipal Code, requires the presence of a valet for the use of stacked parking spaces as required parking spaces. Roll Call Vote: 4-0. Motion declared carried unanimously. CASE NO. 16-14 EXCEPTION TO PARKING AREA DIMENSIONS – Kevin McGraw, River Caddis Development Public Hearing on an application for an exception to the parking dimensions at the proposed building at 2700, 2702, 2718, and 2728 Lincoln Way, 112 and 114 S. Hyland Avenue, and 115 S. Sheldon Avenue. City Planner Karen Marren displayed a location map and site plan for the project. River Caddis Development is requesting to allow reduction in the off-street parking space dimensions to be less than the required full-sized vehicle depth. The developer of the 1.8 acre site is in the process of seeking a number of related entitlements for the development of a large mixed-use student housing project for the 2700 Block of Lincoln Way. The development proposal consists of ground level commercial uses and a hotel lobby along Lincoln Way. The Sheldon frontage includes commercial uses, apartment lobby and leasing offices, bike valet, and the entrance to the parking structure. The Hyland ground floor frontage includes the hotel rooms and the access to the surface parking area of the proje ct. All of the parking is located to the south behind the building in the aforementioned surface lot and underground parking structure. Residential apartments are proposed on the second to sixth floors of the building. Parking in the CSC zoning district is required for all of the residential uses at a rate of one space for every apartment and hotel room. The commercial uses have no required parking. The developer requests the parking space dimension exception to allow for additional sidewalk width along the Lincoln Way frontage that otherwise would not be able to be accommodated by the developer with the proposed project. The site plan, project description, applicable law, and findings of fact and conclusions were reviewed in detail by Ms. Marren. She explained that City staff has reviewed the request and recommends that the Board approve the request for an exception to Section 29.406(9)(c) of the Zoning Ordinance to allow for a smaller (9’ by 18’) parking stall dimension than required. Board Member Bradbury asked how many of the surface parking spaces would be designated for compact cars. Jay Fourniea, Opus AE Group, L.L.C., Minnetonka, MN, was sworn in and testified under oath. Mr. Fourniea pointed out the compact parking spots on the site plan that were labeled with a “c”. He stated that five of the surface spots would be designated for compact cars and each will be identified with a sign or ground marking. Board Member Schoeneman wanted to clarify the meaning of the statement “warranted and consistent with” mentioned in the following sentence under Applicable Requirements: “Chapter 29, Section 29.406(9)(c) of the Municipal Code, states: “. . . In circumstances where a strict application would result in unnecessary practical difficulties, the Zoning Board of Adjustment may, after notice and hearing, authorize such specific, limited exceptions to the [above] table of dimensions as it shall find warranted and consistent with.” Mr. Lambert stated that it has to be consistent with the factors, not because of the factors. Chuck Winkleblack, was sworn in and testified under oath. Mr. Winkleblack stated that the majority of the space will be for residents, and i t is predicted that the valet attendant will be moving cars more often than the residents moving their own. He stated that developers are working with the Campustown Action Association to ensure a better walkway along Lincoln Way, and this would be for the greater good of the City. Moved by Perkins, seconded by Bradbury, to approve ORDER NO. 16-14, thereby approving the request for an exception to the parking dimensions at the proposed building at 2700, 2702, 2718, and 2728 Lincoln Way, 112 and 114 S. Hyland Avenue, and 115 S. Sheldon Avenue. Roll Call Vote: 4-0. Motion declared carried unanimously. CASE NO. 16-11 SPECIAL USE PERMIT – Ames Foursquare Church Public Hearing on an application for a Special Use Permit to allow a religious institution at 711 E. Lincoln Way. City Planner Karen Marren displayed a location map and site plan for the project. Ames Foursquare Church desires to occupy a 1,015 sq. ft. tenant space located at 711 E. Lincoln Way in the Highway Oriented Commercial (HOC) zoning district. The subject parcel contains multiple buildings, and the proposed use is within the shopping center building. The site contains a 20,000 sq. ft. commercial center, a 6,600 sq. ft. wholesale building and a 7,140 sq. ft. warehouse building. The wholesale and warehouse buildings are located to the rear of the property behind the shopping center. The regulations for the HOC zoning districts permits religious institutions subject to approval of a Special Use Permit being issued by the Zoning Board of Adjustment for the use on the property. The proposed church will occupy two rooms within the tenant space that total 1,015 sq. ft. of area. The front room will be used as an entry lobby and meeting room for bible study. The room to the rear of the space will be used primarily for worship/sanctuary space with some storage area. The existing site plan shows a total of 123 parking spaces with 13 of those being designated for a remote parking agreement for the property to the west of the subject site, leaving 110 parking spaces available for on-site uses. With the change of use for the tenant space requested by the church, the property is required to provide a total of 114 parking spaces to accommodate all existing uses on the property, a four space deficit. The owner of the property has revised the site plan for the property to accompany the proposed Special Use Permit. To accommodate the total number of parking spaces required by code for the site, the new plan has added 13 parking spaces to the front of the warehouse building, located at the northeast corner of the property. The site plan, project description, applicable law, and findings of fact and conclusions were reviewed in detail by Ms. Marren. She explained that City staff has reviewed the request and recommends that the Board approve the request for a Special Use Permit to allow the proposed religious institution at 711 E. Lincoln Way with the condition that the additional proposed parking spaces be installed to meet the minimum code requirements for on-site parking spaces. Applicant or representative of applicant was not present to speak. Board Member Bradbury asked what the size of the congregation would be. Ms. Marren stated that she believes it is a fairly small congregation, currently around 20 people. It was said that they currently are at another location in Ames, and this would be their new site allowing more parking and multiple rooms for their use. Board Member Schoeneman asked if there would be any offices or daytime activities. Ms. Marren stated that it would be primarily used on Sundays, which would be off hours from the surrounding businesses. Moved by Bradbury, seconded by Koehler, to approve ORDER NO. 16-11, thereby approving the request for an application for a Special Use Permit to allow a religious institution at 711 E. Lincoln Way with the conditioned that the additional parking be striped. Roll Call Vote: 4-0. Motion declared carried unanimously. COMMENTS: There were no comments by the Board. ADJOURNMENT: Moved by Perkins, seconded by Schoeneman, to adjourn the meeting at 6:36 p.m. _____________________________ _____________________________ Heidi Petersen, Recording Secretary Matthew Koehler, Acting Chair