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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 10-22-2008MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA OCTOBER 22, 2008 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m. on October 22, 2008, in the Council Chambers of City Hall with the following members present: Bruce Calhoun, Denise Link, Lucy Martin, Bradley Miller and Thomas Weber. Staff Planner Charles Kuester and Assistant City Attorney Judy Parks were also present. APPROVAL OF MINUTES: Moved by Martin, seconded by Link, to approve the minutes of the meeting of September 24, 2008. Vote on Motion: 5-0. Motion carried unanimously. CASE NO. 08-15 SPECIAL USE PERMIT - UTHE DEVELOPMENT CO., LLC, PROPERTY OWNER; BBNT, LLC, APPLICANT - 3706 Stange Road Public Hearing on Application for a Special Use Permit to allow a car wash at 3706 Stange Road City Planner Charles Kuester stated that the land at the intersection of Stange and Bloomington Roads was recently rezoned to the Convenience Commercial Node (CVCN) designation. He said that four lots, comprising about 10 acres, were platted and the City Council approved four uses for the lots. Plans have been submitted for a Fareway Store, which does not require a permit from the ZBA, and this car wash, which does. A gas station is also being considered; it will also require a Special Use Permit, but plans have not been filed to date. The proposed car wash is a single-story structure with two automatic wash bays, three manual bays and an island with two vacuum stations. Mr. Kuester reviewed the criteria to be considered, as listed in Section 29.1503(4) of the Municipal Code, and made the following comments on the general standards: · Staff believes that the use will be harmonious with and in accordance with the general principles and proposals of the City’s Land Use Policy Plan. Both the plan and the zoning map have been recently updated. · Staff has reviewed the site plans, architectural drawings and proposed façade materials and is satisfied that the buildings will be compatible with adjacent structures and appropriate in appearance with the intended character of the general vicinity. He said there are similarities in roof shapes and roofing materials with nearby residential houses; the brick, colors, and textures are similar to the Fareway Store; the proposed stone material is also being used on the apartments to the north. · In considering whether or not the proposed use might be hazardous or disturbing to others in the same general vicinity, Mr. Kuester noted that car washes can create noise (from dryers, vacuum systems, customers playing stereos, etc.) that may be unwanted by nearby homeowners. He reported that the sound level that comes from the vacuums at 50 feet is 66 decibels (dB), a level comparable to that of a car passing by at 30 feet. The decibel level of the car dryer is 76 at 60 feet – not much more than the average home television, which is 60. He said the impact of sound is mitigated by the orientation of a building, landscaping, distance from the source and 2 any intermediate structures. The proposed apartment complex on Tiverton Court will be approximately 220 feet away and the sound level from the dryers drops to 71.6 dB decibels at just 30 feet. The loudest sound will come from the exit doors on the west end of automatic bays, but the distance to the centerline of Stange Road is 240 feet and it’s one-tenth of a mile to Fareway. Mr. Kuester stated that nuisance noise can also come from customers, but not much history could be documented from car washes in Ames. Planner Kuester asked that the Board impose a condition on approval that, if a history of excessive noise or nuisance complaints were to develop, further review of the Special Use Permit would be required so that changes in the operation could be imposed. · This property is adequately served by essential public facilities and services; those that are not existing are being installed by the developer. He said Stange Road is being extended north as a four-lane road with left turn lanes and all road improvements are consistent with the approved preliminary plat and the Northridge Heights Master Plan. · There will be no additional requirements for public facilities or services cost to the public. · The standards require that the proposal not involve uses, activities, processes, equipment, or conditions of operation that will be detrimental to any person, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Mr. Kuester had already addressed the biggest concern - noise - but said staff would also like a notation added to the site plan indicating that the light poles will be no higher than 25 feet, as that is a restriction in the CVCN that was not acknowledged. · Another general standard is that the proposed use be consistent with the intent and purpose of the zone in which it will be located. Mr. Kuester stated that the CVCN is intended to be located on major or minor thoroughfares within or near conventionally-designed suburban residential neighborhoods, and small-scale retail services for nearby residents are encouraged. Uses are restricted in size, scale and materials in order to have a compatible orientation with nearby residential areas. Development is intended to be pedestrian oriented, but also to accommodate vehicular travel associated with conventional suburban residential design. In this instance, the building materials are compatible, but car wash bays doors are not usually associated with pedestrian-scale suburban development. He said that staff does not recommend reducing the number of bays or changing the orientation of the building, but they would like to soften the view of the large doors. They are asking that four additional trees be placed on the west side of the site, and that the screening around the vacuum stations be extended north and south. Three commercial standards for approval of a Special Use permit are also specified in the Municipal Code, and Planner Kuester reported that the proposed development met the two that were applicable. Therefore, based on the facts and analysis, as well as an on-site inspection, he said staff believes that the proposed car wash conforms to the relevant design and architectural standards, and that the proposed structure and use meet both the general standards and the commercial standards for issuance of a Special Use Permit, with the conditions he had described. Mr. Kuester stated that the Planning & Zoning Commission had reviewed this application the previous Wednesday and unanimously recommended approval. Board Chair Miller asked why a car wash was included in Special Use Permit category. Unlike a home daycare, for example, it’s hard to simply end operations in a structure that is built for a specific purpose like this. Planner Kuester explained that vehicle service facilities are not generally allowed in CVCNs, but the City Council decided to allow a limited number of them. Since they do 3 have some impact on the neighborhood, however, the permitting process offers an opportunity to make sure that the impacts on neighbors are addressed. Board member Calhoun expressed concerns about the existing residential area east of the proposed car wash because he did not see that any effort was made to buffer it from noise, glare, or light. The site plan did not include any trees, shrubs or berms on the east side, but prevailing winds can change the decibel levels coming off a site. He also noted that car washes and gas stations usually have a tremendous amount of light, and stacked cars (those waiting in line) would also have headlights directed at the existing homes. Mr. Kuester stated that perimeter landscaping is required only when the site abuts existing residential properties or public streets. The land to the east of this site is occupied by a water tower (the Bloomington Road Elevated Tank or BRET), so perimeter landscaping is not mandated. He said both a ten-foot-wide underground easement and a 30-foot overhead electric easement abut the east property line. He supposed it might be possible to work out something with the Electric Department. As for the lights, he said that the City’s lighting code stricter than the “dark sky” concept. No light may extend above the horizontal plane of luminaire and no more than five percent of the total light output may be emitted in the zone from the horizontal plane to 15 degrees below horizontal. He said the light on the site would be very directional; the proposed fixtures do not emit much light behind the pole and they are placed to illuminate the interior of the lot. Mr. Kuester showed the Board an axial-candela display that was submitted with the site plan. He could not go into detail about the technical data, but stated that staff was convinced the lighting plan met the requirements of the code, and the code is designed to provide downcast lighting that does not spill off the site. Chuck Winkleblack, 105 S. 16th Street, stated that the Electric Department has a 30-foot easement on the east side and does not want vegetation planted there that would have to be removed in the future. Furthermore, the tops of lower-growing plants will be lower than the top of the berm beneath the railroad tracks, and car lights will shine into the embankment. He maintained that not much noise would drift to the homes; at a distance of 60 or 70 feet, the sound of the car wash would be equivalent to the sound of a television, but the closest house is at least 300 feet away. Mr. Winkleblack said the wash bay doors will be closed in the winter and the east door will be closed when the west door opens. Responding to a question about the height of the berm, Mr. Winkleblack said that, on average, the berm is five to seven feet higher than the anticipated elevation of the site on completion. Most of the grass around the water tower is not mowed, adding three to five more feet of screening during the summer months. He explained that the electrical easement runs along side the tracks at the north end of the property and along the west side of the City’s water tower lot at the south end. Board Chair Miller asked if the developers would be willing to put landscaping on the City’s property, to which Mr. Winkleblack replied that the City would not want trees on its property. The ground is reserved for the installation of future electrical service. Board member Calhoun took issue with the assumption that car lights would be blocked by the railway berm. He assumed that bedrooms would be on the second stories, maybe 14 feet high, and light from car headlights projects outward in a cone. He noted that some neighbors had 4 commu-nicated concerns in writing, and as it is the Zoning Board’s responsibility to ensure that there will be minimal negative impact on existing residential areas, he felt the applicant should address this matter more fully. Mr. Winkleblack said he was not sure how far light travels from car headlights, but stated that he doubted cars would be stacked up for very long. He also stated that he was not sure what they could or would be able to plant that would be helpful – usually perimeter landscaping to block car lights is only six to seven feet high. The Electric Department won’t allow anything twenty feet tall, and deciduous trees wouldn’t have leaves in the winter, anyway. Board Member Calhoun suggested that six- to eight-foot fall evergreens would probably shield the light and, if they can’t be planted in the easement, the car wash could be moved a little bit away from the easement. A considerable amount of discussion ensued about the design of the site, the possible impact of light, and the efforts made to mitigate it. Planner Kuester noted that the entry point had to be from Tiverton Drive and the car wash entrance could not be moved further west without inhibiting vehicle movements. Narrower drive aisles within the car wash were not an option, as they would not allow good traffic flow on the site. Bart Clark, 5743 North Swing, owner of the property, stated that he did not expect people would wait very long in line, but said they had to indicate on the plan where stacking could occur in order to comply with the City’s requirements. Mr. Clark said the busiest times at car washes are usually right before and after work, and on Saturdays, but he intends to have extended hours at the facility because people do work at all hours. He explained that the bay doors fold open for cars to enter and fold closed behind the cars after they enter. An infrared system watches the cars go through and the entry doors will not open until the exit doors are starting to close. The dryer units are on the west end and shut down as the cars exit. Mr. Clark stated that the car wash will have 12 security cameras installed to take pictures of cars as they come in, use the facility and exit. The tapes will show license plate numbers and they will be saved for three months so as to be available if the police needed them for any reason. He stressed that he intends to be a good neighbor–people living in the area will be his customers. Mr. Clark’s wife will do deposits, install chemicals and keep the site looking nice, so someone will be on site at least part of every day. He added that the land is very flat–so flat, in fact, that they are working hard to get good drainage–so car lights will stay fairly level. They will not be directed upwards as cars enter the driveway. The Board discussed the proposed conditions with Mr. Clark. He said he was in favor of them and, while he did not believe there would be a need for any future review of the Special Use Permit, he would make any necessary adjustments. He said having operations limited to daylight hours would have a big impact on the business, and he definitely wants to avoid a stipulation to that effect, but reiterated his beliefs that noise would be virtually unnoticeable to the neighbors and he does not expect cars to stack at night. Board member Calhoun repeated his concern about light impact on the bedrooms in the existing homes east of the site. He emphasized that it was the applicant’s obligation to present quantifiable evidence so that the Board could determine whether or not a Special Use Permit could be granted. 5 Nate Easter, 223 S. Walnut Avenue, Ste B., HWS Consulting Group, stated that he was the applicant’s engineer. He admitted that some light would shine up toward the houses, but contended that there would more cars going along the street than going through the car wash. Mr. Calhoun argued that what happens on the street is irrelevant; it did not appear that the impact of the head-lights on the residential area had been taken into consideration with respect to this particular use. Assistant City Attorney Parks commented that staff was also uncertain about the noise impact, which was why they recommended a stipulation that allows for further review or reconsideration if it were found to be necessary. At this point, it is an unknown quantity. In support of Mr. Calhoun’s concern, Board Chair Miller agreed that while decibel levels have been considered with respect to sound, the board didn’t have any evidence to say that light will not be a disturbing effect on the surrounding neighborhood. Board member Link pointed out that there was no way there could be no impact–the site is presently fallow ground and any development will impact the immediate area because it will no longer be farmland. She proposed new wording be included in stipulations for approval. Moved by Link, seconded by Miller, to ADOPT ORDER NO. 08-15, granting a Special Use Permit to allow a five-bay car wash at 3706 Stange Road, subject to the following conditions: 1. That, if a history of complaints is received concerning the noise or operation of the use, the Special Use Permit will be reviewed so as to require mitigation of the causes of the complaints. Mitigation may include, and not be limited to, a limit on the hours of operation, more extensive noise and light screening or baffling, or a requirement for an on-site manager. 2. That a notation be placed on the site plan indicating that light poles shall not exceed 25 feet in height. 3. That a revised landscaping plan be submitted including at least four additional over story trees in the west yard and extension to the north and south of the screening around the vacuum stations. Roll Call Vote: 5-0. Motion declared approved unanimously. COMMENTS: None. ADJOURNMENT: The meeting was adjourned at 8:23 p.m. Karen C. Thompson, Recording Secretary Bradley Miller, Chair The next meeting of the Zoning Board of Adjustment will be a Regular Meeting at 7:00 p.m. on Wednesday, November 12, 2008, in the Council Chambers of the Ames City Hall at 515 Clark Avenue.