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HomeMy WebLinkAboutA001 - Staff Report dated August 10, 2011 ITEM #: 2 DATE: 08/10/11 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE PLANNING AND ZONING COMMISSION AND THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: August 4, 2011 MEETING DATE: Zoning Board of Adjustment— August 10, 2011 REQUEST FOR APPROVAL OF A SPECIAL USE PERMIT: To allow Prairie Flower Children's Center to operate a preschool at 2807 Duff Avenue (See attached Location Map). PROPERTY OWNER: City of Ames 515 Clark Avenue Ames, Iowa 50014 APPLICANT: Darla Holliday 1117 Clark Avenue Ames, Iowa 50010 LOCATION: 2807 Duff Avenue ZONING: "S-GA" (Government/Airport) PROJECT DESCRIPTION: Prairie Flower Children's Center proposes to operate a preschool at 2807 Duff Avenue. The subject property is owned by the City of Ames and is used by Camp Fire USA(Camp Canwita), a community-based non-profit organization, for youth programs throughout the summer months. The site includes approximately 13.4 acres of wooded land located directly north of Inis Grove Park. The property includes a one-story commercial building for use by the proposed preschool that contains 1768 square feet of gross floor area. A large open play area is located between the building and the existing gravel parking lot. The parking lot is accessed directly from Duff Avenue, north of Inis Grove Park (See attached Aerial Maps and Photo of Camp Canwita). The preschool was previously operated in the Unitarian Universalist Fellowship of Ames at 1015 North Hyland Avenue. The proposed use of the property as the site for a preschool would be in addition to the programs currently offered at the site by Camp Fire USA. The preschool would operate during weekdays of the school year between the hours of 9:00 a.m. and 12:15 p.m. for a maximum of seventeen children between the ages of three and five. The combination of the Camp Fire USA programs and the Prairie Flower Children's Center programs will result in youth programs offered at this site (Camp Canwita) throughout the year. The preschool center would not be merely leasing space, but rather, their agreement with Camp Fire USA is more comprehensive in that the program parameters for the preschool are also scrutinized to assure they are consistent with the Camp Fire mission. Although Camp Fire USA is partnering for delivery of these services, rather than being the direct provider, the preschool program proposed for Camp Canwita is very much like services that Camp Fire USA offers elsewhere in central Iowa both in type and mechanism of delivery. Although it is new for this particular Camp Fire location, it is not a unique service for Camp Fire USA generally. Assistant City Attorney, Judy Parks, has therefore determined that the preschool use as proposed complies with the restrictions of the deed that reserves the land for use of Camp Fire USA. (see attached legal opinion) APPLICABLE LAW: Chapter 29, Section 29.1503(4)(a), (b) and (e) of the Municipal Code states the following: (4) Review Criteria. Before a Special Use Permit application can be approved, the Zoning Board of Adjustment shall establish that the following general standards,as well as the specific standards outlined in subsection (b) below, where applicable, have been or shall be satisfied. The Board's action shall be based on stated findings of fact. The conditions imposed shall be construed as limitations on the power of the Board to act. A mere finding that a use conforms to those conditions or a recitation of those conditions, unaccompanied by specific findings of fact,shall not be considered findings of fact for the purpose of complying with this Ordinance. (a) General Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use meets the following standards, and in addition, shall find adequate evidence that each use in its proposed location will: (i) Be harmonious with and in accordance with the general principles and proposals of the Land Use Policy Plan of the City; (ii) Be designed, constructed, operated, and maintained so as to be harmonious in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed; (iii) Not be hazardous or disturbing to existing or future uses in the same general vicinity; (iv) Be served adequately by essential public facilities and services such as highways, streets, police, fire protection, drainage structure, refuse disposal, water and sewage facilities, and/or schools; (v) Not create excessive additional requirements at public cost for public facilities and services; (vi) Not involve uses, activities, processes, materials, equipment or conditions of operation that will be detrimental to any person, property or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors; and (vii) Be consistent with the intent and purpose of the Zone in which it is proposed to locate such use. 2 (b) Residential Zone Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use in a residential zone meets the following standards, as well as those set forth in Section 29.1503(4)(a) above and, in addition, shall find adequate evidence that each use in its proposed location will: (i) Not create excessively higher levels of traffic than the predominant pattern in the area and not create additional traffic from the proposed use that would change the street classification and such traffic shall not lower the level of service at area intersections; (ii) Not create a noticeably different travel pattern than the predominant pattern in the area. Special attention must be shown to deliveries or service trips in a residential zone that are different than the normal to and from work travel pattern in the residential area; (iii) Not generate truck trips by trucks over 26,000 g.v.w. (gross vehicle weight) to and from the site except for waste collection vehicles and moving vans; (iv) Not have noticeably different and disruptive hours of operation; (v) Be sufficiently desirable for the entire community that the loss of residential land is justifiable in relation to the benefit; (vi) Be compatible in terms of structure placement, height, orientation or scale with the predominate building pattern in the area; (vii) Be located on the lot with a greater setback or with landscape buffering to minimize the impact of the use on adjacent property; and (viii) Be consistent with all other applicable standards in the zone. (e) Conditions. The Board may impose such additional conditions it deems necessary for the general welfare, for the protection of individual property rights, and for ensuring that the intent and objectives of this Ordinance will be observed. FINDINGS OF FACT & CONCLUSIONS: Based upon the project description the following findings of fact and conclusions may be made: Findings: 1. A legal opinion form the City Attorney's office determined that the proposed preschool is a Camp Fire USA use for Camp Fire purposes. 2. The addition of a preschool/aftercare program at this existing facility, owned by the City of Ames, is not inconsistent with the general principles of the Land Use Policy Plan (LUPP). 3. The intent of the applicant is to leave the appearance of the existing building unchanged. The existing and intended character of the area would not be changed 3 if the preschool/aftercare program were to occupy this building. 4. The use of the structure at 2807 Duff Avenue for a preschool program should not be hazardous or disturbing to existing and future uses in this area. Both the Camp Fire USA organization and the proposed preschool program would provide services to the community. Camp Fire USA conducts its programs during the summer months and the preschool will operate during the school year.The preschool will not conflict with the existing Camp Fire USA use of the site. 5. This property is adequately served by essential public facilities and services. All utility services and other municipal services are existing and available, with sufficient capacity to serve the facility. 6. The preschool use will not create additional requirements at a public cost for public facilities. 7. There will not be an excessive production of traffic, noise, smoke, fumes, glare, or odors by the proposed use of the property and activities that will be conducted. There are no uses, activities, processes, materials, equipment, or conditions of operation that will create any impact to people or property. 8. The proposed preschool, with a maximum of 17 children will not create an excessively higher level of traffic or affect the predominant pattern of traffic in the area. 9. The drop-off and pick-up times for the preschool/aftercare program will be similar to the normal to work and lunch time travel patterns already existing in this area. 10. The proposed preschool/aftercare program will not generate truck trips by vehicles exceeding 26,000 gross vehicle weight. 11. The preschool program will not require the acquisition or development of any land. The site is already being used as a location for community-wide youth programs, and the preschool program is merely an extension of the Camp Fire USA programs. 12. No new or additional structures will be constructed as a result of this preschool facility. The site already contains mature landscaping. 13. The expectation for property within the"S-GA"(Government/Airport)zoning district is that the use and development of such property be compatible with the general character of the area in which the zoning district is located. 4 Conclusions: The applicant has proposed a use that is consistent with the existing use of the property by Camp Fire USA. The youth programs of the preschool will supplement those of the Camp Canwita operation, without increasing the impact of the existing operation on the surrounding area and without altering the structures that presently exist on the site. The use of the property as a preschool will expand upon the community-based services that are presently offered at the site. Inasmuch as the preschool is in this case considered an extension of Camp Fire Use, it should have no more operational or visual impact on the surrounding properties, provided that it includes no more signage than is allowable to identify the property and operations of Camp Canwita. Accordingly, signage for the use should be limited to, and incorporated into,that signage which is otherwise identifies and is allowable to Camp Canwita. ALTERNATIVES: 1. The Zoning Board of Adjustment can approve the request for a Special Use Permit to allow Prairie Flower Children's Center preschool to locate at 2807 Duff Avenue, subject to the following stipulations: A. That the applicant submit to the City Clerks Office proof of certification with the State of Iowa as a registered day care (preschool) provider, prior to beginning operations at 2807 Duff Avenue. B. That the use continues to be sponsored by, under the oversight of, and consistent with the overall purposes and mission of Camp Fire USA. C. Signage for the pre-school is limited to that signage which otherwise identifies and is allowable to Camp Canwita, consistent with the conditions of the deed restriction that conveyed the property of Camp Canwita to the City, as determined by the City attorney, and per adopted City sign regulations. 2. The Zoning Board of Adjustment can deny the request for a Special Use Permit to allow Prairie Flower Children's Center preschool to locate at 2807 Duff Avenue, if it finds that the General Standards and/or the Residential Zone Standards for a Special Use Permit are not met by the applicant's proposal. 3. The Zoning Board otAdjastment can refer this request back to the applicant and/or City staff for ade tiohat information. RECOMMENDED ACTION: It is the recommendation of the Department of Planning and Housing that the Zoning Board of Adjustment approve Alternative #1. This is a recommendation that the Zoning Board of Adjustment approve this request for a Special Use Permit to allow Prairie Flower Children's Center preschool to locate at 2807 Duff Avenue, subject to the following stipulations: 5 A. That the applicant submit to the City Clerks Office proof of certification with the State of Iowa as a registered day care (preschool) provider, prior to beginning operations at 2807 Duff Avenue. B. That the use continues to be sponsored by, under the oversight of, and consistent with the overall purposes and mission of Camp Fire USA. C. Signage for the pre-school is limited to that signage which otherwise identifies and is allowable to Camp Canwita, consistent with the conditions of the deed restriction that conveyed the property of Camp Canwita to the City, as determined by the City attorney, and per adopted City sign regulations. S:\Council Boards Commissions\ZBA\Special Use Permits\2807 Duff Ave-Prairie Flower Children's Center-08-10-11.doc 6 Location Map Q C: a YJ T p ci -- 2 Ui RI- •4 , r - O ¢ J w U > p Q O Y O s= Q Y 2 �S TH ST a z ¢ _ k h3TH� G# S • , .:. , d. ��ST he-ST e..Y _ E r T w LLI w xs W + _ k^; zpR 21 ST S7 m � # f EZ Prairie Flower Children's Center ' 807 Duff Avenue N p J I 280 660 1.120 1 680 2 240 Feet 7 Aerial Maps e` � r^ s4 � A 4 � Y, ss 4. . 4r 8 } a. * 4t yj� r' 1�Q1 rrs t. r.. f -:M �,!� � tea • � f _ c