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HomeMy WebLinkAboutA020 - Request to initiate a Text Amendment to extend the validity of Special Use Permit Approval from 12 months to 24 monthsITEM #:20 DEPT:P&H October 27, 2026 Staff Report REQUEST FROM KWIK STAR TO CHANGE THE LAPSE OF APPROVAL DEADLINE FOR SPECIAL USE PERMITS FROM 12 MONTHS TO 24 MONTHS BACKGROUND: Kwik Star has made a request to City Council to allow for an application for a Text Amendment to change the length of time before a Special Use Permit approval expires if it the use has not begun. The attached letter from Kwik Star describes the company's interest in the time extension and a second request regarding signage. This report only addresses the special use permit timing aspect of the request. A separate report on this Council agenda addresses the signage request. The time lapse (expiration) for Special Use Permits in Section 29.1503(6) is currently 12 months from the date of approval by the Zoning Board of Adjustment. If a project has not started construction within 12 months or the use has not begun, the approval expires. Kwik Star is requesting to extend this time limit to 24 months to accommodate its anticipated timeline for construction of a planned store at the corner of George Washington Carver Avenue and Cameron School Road. Kwik Star anticipates finalizing its site plan with staff and seeking approval by the Zoning Board of Adjustment this fall. However, if approved by the Zoning Board of Adjustment this fall, Kwik Star does not plan to start construction on a planned new store at the corner of GW Carver Avenue and Cameron School Road within the projected 12-month timeframe. Construction on the new store is instead anticipated in early 2028. Currently, all regular Minor Site Development Plans approved by City staff and Major Site Development Plans approved by City Council allow for 24 months before the approval period lapses. Special Use Permits with Site Development Plans approved by the Zoning Board of Adjustment only allow for 12 months. In the zone that Kwik Star intends to construct the new store at GW Carver Avenue and Cameron School Road, Convenience General Service (CGS), Convenience Stores were recently changed to require a Special Use Permit for approval of a Site Plan to review for compatibility and harmoniousness in surrounding neighborhoods. Previously, the use was allowed by right and had a two-year approval. 1 OPTIONS: Based upon the request from Kwik Star staff believes the following options are most appropriate: Option 1 - City Council can direct staff to have Kwik Star submit an application for a Text Amendment to change the approval lapse date for Special Use Permits with Site Plans from 12 months to 24 months. Staff would then draft a text amendment for consideration. This would allow Kwik Star to have 24 months from the date of approval of a Special Use Permit by the Zoning Board of Adjustment to construct a new store. The change would apply to all Special Use Permit applications within all zoning districts. Option 2 - City Council could choose to take no action on this request. This would require Kwik Star to start constructing a new store within 12 months of approval of a Site Plan by the Zoning Board of Adjustment. STAFF COMMENTS: Staff believes that the request is reasonable and does not present an issue that would otherwise interfere with or be adverse to the impact on surrounding areas when Special Use Permits are considered. Surrounding areas of a site do not generally change significantly enough within two years to make a delayed start of use incompatible with the surroundings. Regular Minor Site Development and Major Site Development Plans already have a 24- month window to start construction. Staff does not see a difference in a Special Use Permit approved by the Zoning Board of Adjustment if the plan is already found to be compatible with a given location. Staff supports Option #1. Additionally, the type of text change necessary to address this issue is minor and can be processed very quickly. ATTACHMENT(S): Kwik Star Text Amendment Request Letter.pdf 2 September 1st, 2026 City of Ames, IA 515 Clark Avenue Ames, IA 50010 RE: Text Amendment Request - Signage - Special Use - Computerized/Digital Scrolling - A portion of 3220 Cameron School Road and George Washington Carver Ave. Dear Mayor and Members of the City Council, We respectfully submit this letter requesting revisions and amendments to Special Use Permit Section 29.1503, Subsection 6, and the Convenience General Services (CGS) Zone Development Standards related to signage in Section 12. Specifically, we ask that the City and Council consider modifying the standards to allow for the requested revisions. Special Use Permit Section 29.1503 (6) Lapse of Approval. All Special Use Permits shall lapse 12 months after the date of issuance unless the use is undertaken, or a building permit has been issued and actual construction started. Where unusual circumstances may prevent compliance with this time requirement, the Zoning Board of Adjustment may, upon written request by the affected permittee, extend the time for required start of construction an additional 60 days. Excavation shall not be considered construction for the purpose of enforcing this Section. Kwik Trip request that all Special Use Permits shall lapse 24 months after the date of issuance. The anticipated construction and completion of the roundabout at George Washington Carver Avenue and Cameron School Road will extend the project's development timeline, necessitating additional time beyond the standard permit period. (12) Signage (d) Number (i) The number of wall-mounted signs shall not exceed two (2) signs per tenant space, including lettering on awnings. Kwik Trip requests that this be increased to three wall signs, as its site has frontage on three public streets. In no case shall the three signs comprise a combined total of more than 86 square feet. (CGS would currently allow signage of 86 sq.ft., but only on two signs, one of which must front on an arterial street to gain the additional square footage). A wall sign facing a local road may be no larger than 16 square feet. (On the Kwik Trip site, this would mean the wall sign facing south; such verbiage would prevent another CGS-zoned site in the future from installing a large sign along a local classification street, which is more likely to have residential uses.) 3 (ii) Only one monument sign is permitted for each principal building on a lot. A monument sign is not permitted on a lot that is not the site of a principal building. Kwik Trip requests that sites with frontage on two or more arterial or major collector streets be permitted two monument signs per site. Such signs shall only be permitted to front on the arterial/major collector street frontages. Only one monument sign shall be permitted on each arterial/major collector frontage, and the monument signs on site shall be separated by a minimum of 150’. (iii) The cumulative area of all incidental signs shall not exceed 32 square feet per building for wall signs and shall not exceed eight square feet per site for ground signs, except that incidental signage on the rear façade of a building that does not face a public right-of-way shall not be included in the maximum incidental sign area. Kwik Trip requests the cumulative area of all incidental signs shall not exceed 30 square feet per site for ground signs, since parking duration/no parking signs are included in this group. The parking signs are critical to prevent the store from becoming a park-and-ride lot and keep people from parking for long periods, such as on football weekends (we’ve faced the issue of people attempting to camp at stores). For the same reasons, Kwik Trip is installing several parking signs at Stores #1768 (S. 16th and S. Grand) and #1770 (South Dakota and Mortensen). (e) Height restrictions. The maximum permissible height for a monument sign is eight feet, including the sign base; that is, the top of a monument sign shall be no more than eight feet above the grade of the site on which it is erected. However, the height of a monument sign, including the base, may be up to twelve feet if the sign is erected on a lot that abuts on an arterial street. Kwik Trip requests that the two monument signs are allowed to be: • 12’ tall/64 square feet • 8’ tall/32 square feet These dimensions are similar to current CGS code standards in terms of sign height/sign area. (i) Computerized/digital scrolling signs are only permitted if the lot on which it is located abuts an arterial street, and the computerized/digital scrolling sign faces the arterial street. Kwik Trip proposes that an Electronic Message Sign/EMC be permitted in CGS, subject to reasonable lighting standards. The EMC Kwik Trip proposes for use is programmed by the manufacturer to operate at 8,000 nits during the day and, when displaying all-white content, measure 320 nits (four percent brightness) at night, meaning most content would measure less than 320 nits. The EMC is equipped with a photosensor to adjust brightness in relation to ambient light. No changes are requested to Sec. 21.131. ELECTRONIC MESSAGE SIGNS. The EMC Kwik Trip proposes would comply with the current standards of 21.131. Allowing these amendments would enable Kwik Trip to implement signage that is consistent with our standard sign package implemented at stores across the Upper Midwest. Consistent signage helps customers easily identify a Kwik Trip/Kwik Star store, enhances wayfinding on site, and reinforces the strong brand recognition that Kwik Trip has established within the communities we serve. While often recognized as a convenience store, Kwik Trip also serves as a neighborhood destination for groceries, fresh food, and much more. Please consider these amendments to better accommodate development and retail signage while preserving the character and appearance of the community. Thank you for your time and consideration of this request. We appreciate the City’s continued efforts to ensure that local regulations remain practical, forward-looking, and supportive of economic development. We welcome the opportunity to discuss this proposal further or provide additional information if helpful. Sincerely, Travis Small Real Estate Development Manager 4