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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. __________________________________ ___________________________________ Erin Thompson, Recording Secretary Denise Link, Chair