HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 8-12-2009MINUTES OF THE REGULAR MEETING OF
THE ZONING BOARD OF ADJUSTMENT
AMES, IOWA AUGUST 12,
2009
The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00
p.m. on August 12, 2009, in the Council Chambers of City Hall with the following members
present: Bruce Calhoun, Elizabeth Erbes, Denise Link, Gary Taylor, and Thomas Weber. Staff
member Charlie Kuester was also present.
APPROVAL OF MINUTES: Moved by Weber, seconded by Erbes, to approve the minutes of
the meeting of July 22, 2009.
Vote on Motion: 5-0. Motion carried unanimously.
CASE NO. 09-16
SPECIAL USE PERMIT - CHINESE EVANGELICAL FREE CHURCH OF AMES,
4907-4911 LINCOLN WAY
Public Hearing on Special Use Permit to allow a religious institution in the HOC
Highway-Oriented Commercial district at 4907-4911 Lincoln Way.
City Planner Charlie Kuester explained that the Chinese Evangelical Free Church
has applied for a Special Use Permit to convert an existing vacant commercial
building to use as a church. Mr. Kuester said a religious institution requires
a special use permit in the Highway-Oriented Commercial zoning district.
Mr. Kuester reviewed the General Standards and Commercial Zone Standards of
Section 29.1503(4) and staff’s analysis of whether the criteria have been met.
Mr. Kuester said there is only one instance of non-compliance. He said the
proposed site contains one platted lot and a portion of another platted lot,
and there is non-compliance with the perimeter parking lot screening and parking
lot setback requirements within each lot. Mr. Kuester told the Board that
a note has been placed on the plat that the lot line will be removed to bring
the setbacks into compliance with the zoning ordinance. He said that staff
recommends the Board place a condition on its approval that no occupancy of
the structure occur until the lots are consolidated.
Board Member Bruce Calhoun asked if there are any plans for the frontage road
to be removed and parking areas be combined. Mr. Kuester said he does
not anticipate the frontage road going away, and said that if the areas to
the east or west become developed, he could see the frontage road being extended.
Mr. Calhoun expressed concern that the existing parking involves backing out
into the public right-of-way. Board Member Denise Link did not share the
concern.
A question regarding the property lines and the building was posed. Mr. Kuester
said the building is closer to the property line than would currently
be allowed on the southwest corner, but is grandfathered in. He said nothing
would be required for the existing parking lot, and everything new the applicant
is proposing abides by the zoning rules.
Nathan Easter, 223 South Walnut, Suite D, Ames, thanked staff for their work
on the application, and asked if there were any questions.
Moved by Link, seconded by Weber, that the Zoning Board of Adjustment adopt CASE NO.
09-16 granting a Special Use Permit to allow a religious institution in the HOC
Highway-Oriented Commercial District at 4907-4911 Lincoln Way subject to the following
condition:
that no occupancy of the church can occur until the two lots are consolidated into a single
lot (through a subdivision plat) or boundary line adjustment (through a plat of survey).
Either approach would be initiated through the sketch plan application of the City.
Mr. Calhoun said he believes the parking to be unsafe, and cannot vote in favor
of the motion. Ms. Link asked how his concern relates to other
situations, such as parking on Main Street.
Moved by Calhoun, seconded by Weber, to make an amendment to the motion,
requiring the applicant to move the current parking abutting the right-of-way
back and combine with the proposed new parking.
Roll call vote: 2-3. Voting Aye: Calhoun, Weber. Voting Nay: Taylor, Link, Erbes.
Motion failed.
Mr. Easter said moving that parking would cause financial issues for the church.
He also said that neighboring areas have not put in their required landscaping
and feels the applicant has gone above and beyond what is required. Mr. Kuester
said there are 10 spaces across the front. The church would require 30, and
there will be 21 new spaces. Mr. Easter said moving the parking closer to
a residential area would probably be looked at as negative.
Todd Holcomb, 1012 Grand Avenue, Ames, showed on the map where other businesses
have parking, showing the parking at the subject site is much farther away
from the frontage road.
Moved by Link, seconded by Weber, that the Zoning Board of Adjustment adopt CASE NO.
09-16 granting a Special Use Permit to allow a religious institution in the HOC
Highway-Oriented Commercial District at 4907-4911 Lincoln Way subject to the following
condition:
that no occupancy of the church can occur until the two lots are consolidated into a single
lot (through a subdivision plat) or boundary line adjustment (through a plat of survey).
Either approach would be initiated through the sketch plan application of the City.
Roll call vote: 4-1. Voting Nay: Calhoun. Motion carried.
UPDATE ON AMENDMENTS TO THE FLOOD PLAIN MANAGEMENT ORDINANCE: Planner
Charlie Kuester said the City has been working with the Department of Natural
Resources to make some amendments to the flood plain ordinance. He said the
National Flood Insurance Program (NFIP), which the City participates in,
requires the City to enact certain minimum flood plain development regulations.
Minimum regulations are spelled out in the National Flood Insurance Manual.
Mr. Kuester told the Board that staff has been reviewing that
code over the last several months with the goal to bring the flood plain ordinance
more in line with the requirements.
Mr. Kuester said there are changes being recommended that would impact the
ZBA. Mr. Kuester showed a map of the City, and highlighted the 100 year flood
plain (locations with a 1% chance of flooding in any given year). He said
the floodway is the area that would carry the water during a flood event.
The Federal Emergency Management Agency (FEMA) does a flood insurance study
to determine where the floodway is. In the areas of a detailed study, the
area outside of the floodway is the floodway fringe. Mr. Kuester explained
that the flood plain management ordinance prohibits what happens in the
floodway. In the floodway fringe, certain development may occur with elevation
of property.
Mr. Kuester said that in areas where FEMA did not do a detailed study to decipher
between the floodway and floodway fringe, the area is termed general flood
plain. The NFIP intends the ZBA to look at cases that involve the general
flood plain, where the floodway and the floodway fringe are not deciphered.
This is where the ZBA would issue or deny a Conditional Use Permit. He said
that proposed development in the floodway fringe could be approved
administratively by staff if certain performance standards are met.
Mr. Kuester said the general flood plain area in Ames is about 112 acres, where
the ZBA would be involved in issuing or denying permits for proposed development.
Mr. Calhoun asked about the South Duff area. Mr. Kuester said that if a variance
from the code is requested, the ZBA would still play a role.
Board Member Thomas Weber asked if golf courses and parking lots are
administratively decided. Mr. Kuester said if they would be in the floodway,
then they would be administratively approved or denied, as well as other
development that would not involve structures. Mr. Weber said he is against
parking lots in such areas because more water will end up downstream than should.
Mr. Kuester said that if development other than farming, pasture, golf course,
or airport landing is being proposed in the general flood plain overlay district,
then the ZBA would issue or deny a Conditional Use Permit.
Mr. Kuester said the Planning and Zoning Commission recommended approval of
these changes last week, and these changes will be going to City Council in
a couple of weeks.
COMMENTS: There were no comments by the Board.
ADJOURNMENT: The meeting adjourned at 8:00 p.m.
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Erin Thompson, Recording Secretary Denise Link, Chair