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HomeMy WebLinkAboutA5 ITEM # 2 DATE: 07-10-13 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: July 1, 2013 APPLICANT: Ames Community Preschool Center PROPERTY OWNER: Ames Community Preschool Center ZONING: Urban Core Medium Density Residential (UCRM) ZONING OVERLAY DISTRICT: None REQUEST TO CONSIDER A SPECIAL USE PERMIT: To allow a day care center PROJECT DESCRIPTION: The applicant recently purchased the former Willson Beardshear School with the purpose of opening it as the site of the Ames Community Preschool Center (ACPC). The rezoning from Special Government/Airport to UCRM was approved by the City Council on June 25. ACPC proposes minimal physical changes to the exterior of the building. These improvements consist of new exterior doors. Other improvements to the site include playground equipment, sidewalks, fencing, and improved parking surface. APPLICABLE LAW: The laws applicable to this case file are as follows: Table 29.703(3) of the Ames Municipal Code allows Child Day Care Facilities in the UCRM with a Special Use Permit approved by the Zoning Board of Adjustment. Ames Municipal Code Section 29.1503(4) establishes the criteria for reviewing a Special Use Permit and describes the finding of fact that the Zoning Board of Adjustment must address before a Special Use Permit can be granted. Ames Municipal Code Section 29.1503(4)(a) and (b): (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 (LUPP). (ii) Be designed, constructed, operated and maintained so as to be harmonious and appropriate 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, and fire protection, drainage structures, refuse disposal, water and sewage facilities, and/or schools. (v) Not create excessive additional requirements at public cost for public facilities or services. (vi) Not involve uses, activities, processes, materials, and 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. (vii) Be consistent with the intent and purpose of the Zone in which it is proposed to locate such use. (b) Residential Zone Standards. The Zoning Board of Adjustment shall review each application for the purposes 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. FINDINGS OF FACT & CONCLUSIONS: Staff makes the following findings of facts: 2 General Standards a. The Land Use Policy Plan (LUPP) map designates this site as One & Two Family Medium-Density Residential. The UCRM zoning is consistent with that designation. b. The proposed day care facility is similar in use to that of the previous use as an elementary school. There will be minimal exterior changes to the site, such as landscaping, fencing, installation of doors, sidewalks, and improvements to the parking area. c. The use will be similar in intensity to that of the previous use. It is not anticipated that the day care facility will be hazardous or disturbing to the neighborhood. d. No public utility or infrastructure improvements will be needed. Services are readily provided by Ames Police and Fire Departments. e. No public improvements are needed for the reuse of this former school. f. No adverse impacts can be expected to emanate from this site as a preschool. g. This former elementary school will serve the families in the neighborhood and the community with a similar use. In this case, the day care facility operated by Ames Community Preschool Center is seeking to fulfill that service. Residential Zone Standards a. The applicant anticipates that traffic of the staff and parents will be similar to that of the previous use. The City traffic engineer reviewed the proposed use and believes that the traffic would have less of an impact than as an elementary school. b. The applicant states that a vendor will make weekly deliveries of food and other products. The truck size is a small semi-tractor/trailer. The City traffic engineer believes that traffic patterns will not be significantly different than the site's former use as a school. c. The applicant states that a food delivery truck will make a weekly stop. Currently, the truck delivers on Friday. The truck size is a small semi-tractor/trailer that exceeds the 26,000 lb. g.v.w. In order to allow this truck to be used at this site, staff has asked the City Council to consider a text amendment to exempt food delivery vehicles from this weight limit for Special Uses in residential zones. The food delivery truck (whether a small semi-tractor/trailer or otherwise) could cause congestion and traffic interruptions if allowed to make deliveries while parked on the street. Staff will recommend that the deliveries be made while the truck is parked off-street. d. Normal hours for ACPC will be from 7:00 AM to 6:00 PM, Monday through Friday. e. The conversion of the former school to a child day care will not reduce the available residential land in the community. f. No external changes to the building are anticipated beyond installing a few exterior doors to meet fire and safety codes. Non-structural improvements to the site include landscaping, play ground, fencing and the parking area. g. The building location will not change. The larger playground area will be divided 3 into smaller areas. Since the submittal of the site plan, the applicant states that they would like to pave a gravel area at the east end of the existing parking. The City usually requires a storm water drainage report prior to that paving. The Board could approve the modified site plan showing the proposed new paving with the condition that a storm water drainage report be submitted to and reviewed by staff. The applicant also proposes installing fences on the site to better manage the playground use and to provide improved security to the grounds. These fences can be installed with prior City staff review and approval. h. The structure and use meet all current zoning standards. ALTERNATIVES: 1 . The Zoning Board of Adjustment can approve the Special Use Permit to allow a child day care facility at 920 Carroll Avenue by adopting the staff's findings of facts but with the following conditions: a. A storm water report be submitted to the City and approved prior to the paving of the additional parking spaces. b. Food delivery trucks (of any size) use the off-street parking area for deliveries. 2. The Zoning Board of Adjustment can deny the Special Use Permit to allow a child day care facility at 920 Carroll Avenue if the Commission determines that the use does not comply with the criteria of Section 29.1503(4). 3. Action on this request can be postponed and referred back to City staff and/or the applicant for additional information. DEPARTMENT RECOMMENDATION: Based upon the Findings of Fact and Conclusions above, it is the recommendation of the Department of Planning and Housing that the Zoning Board of Adjustment approve Alternative #1 to allow a child day care facility at 920 Carroll Avenue with the conditions noted. Staff will present alternatives to the City Council on a proposed text amendment to exempt food delivery trucks from the 26,000 pound weight limit. If ultimately approved by the Council, their food vendor making deliveries to their current site would be allowed to use it to the proposed site. Otherwise, an alternative method of delivery will be needed. In either case, City staff is prepared to assist in assuring compliance with the policies of the City and the decisions of the Board and to assure the applicant is successful in their endeavors. S:\PLAN_SHR\Council Boards Commissions\ZBA\Special Use Perm its\920_CarroI1_Day_Care-07-10-13.docx 4 F Not 5a 3 a . Ld OUTIF }. ,fit •i�§�b { KF w i n Location Map m. 5 ............................ . PROPOSED SITE PLAN T-111, 7111ill -kip (! ro n _ _ f mi I I El I � I O 9 u b. . }c � rl �. ra a r3 RECEIVED . CITY O UA UlFtOTFPLNNIN&G&0tNU 8ltk# 01- FAGILI'£3E=5 NIANAf+L'MEhT 46 tmna pwk--.1 El 42o GAROLL AVENJE P8.(616}E9:'-OAAB 1�+tA M�Jimie+. o.