HomeMy WebLinkAboutA8 ITEM #:
DATE: 01-13-16
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: January 8, 2016
CASE FILE NO.: ZBA-15-25
REQUEST: A Special Use Permit to allow a child care facility in a home at 2003
Hunziker Drive
PROPERTY Jeffery and Joni King
OWNER:
LOCATION: 2003 Hunziker Drive
ZONING: Low-Density Residential (RL)
BACKGROUND AND PROJECT DESCRIPTION:
Joni King has been operating a day care out of her home at 2003 Hunziker Drive (see Location
Map in Attachment A) for several years. She was recently made aware of the need to obtain
approval from the City for her day care. Ms. King's operation is licensed by the Iowa Department
of Human Services as a C1 category, which allows up to 8 children of any age. Ms. King cares
for 8 children at her home. She employs no other people on a regular basis, although her
husband and daughter sometimes assist.
Table 29.701(2) describes the permitted uses in the RL zoning district and the methods needed
for approval. Child Day Care Facilities are allowed and need either a Special Use Permit or a
Special Home Occupation permit, depending on the number of children. Ms. King's operation is
larger than allowed as a Special Home Occupation, which limits the number of children to 6
preschool and 5 school age children. Since she serves 8 children, in compliance with her state
registration, she would need to obtain a Special Use Permit as a child day care facility. Her
current enrollment is 7 pre-school and 1 school age (kindergarten and above).
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;
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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:
(The standards are listed in this report below.)
(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..."(The standards are listed in this report below.)
(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."
STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL: The applicant has provided the
attached application including statements as to how the proposed child care facility meets the
requirements for a Special Use Permit.
FINDINGS OF FACT & CONCLUSIONS:
Based upon the submitted site plan and in addition to the facts provided in the application, the
following findings of fact and conclusions may be made regarding the standards of approval.
General Standards.
(i) Be harmonious with and in accordance with the general principles and proposals
of the Land Use Policy Plan of the City.
Findings of Fact: Goals 4 of the Land Use Policy Plan (LUPP) encourages "...more
integrated and compact living/activity areas...wherein daily living requirements and
amenities are provided...." Goal 9 advocates "...economic activities that are compatible
and sustainable with its environment."
Conclusions: A child care facility in a residential neighborhood allows nearby residents to
have a close and convenient service, necessary for working parents. The demand for
child care services has been well-established by the frequent request for Special Home
Occupations from Ames homeowners. It can be concluded that the use meets General
Standard (i) for a Special Use Permit.
(i i) Be designed, constructed, operated and maintained so as to be harmonious and
appropriate in appearance with the existing and 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.
Findings of Fact: The child care center operates out of an existing single-family home. No
external changes are needed to allow the continued use. There is a play area to the rear,
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consisting of play equipment, teeter-totter, riding toys, and a grass play area. It is fenced
and also bordered by a tall hedge.
Conclusions: The back yard contains a number of items for children's play—probably
more than would be found in a home without a day care facility. However, there is no
evidence that it is inappropriate or changes the essential character of the neighborhood.
Therefore, it can be concluded that the use meets General Standard (ii) for a
Special Use Permit.
(iii) Not be hazardous or disturbing to existing or future uses in the same general
vicinity.
Findings of Fact: The neighborhood is predominantly single-family homes. Fellows
Elementary School is one block to the west. The city has no history of child care activities
being hazardous or uses in this area that would be hazardous to the child care facility.
Conclusions: The use of the home as a child care center as described would not be
disturbing or hazardous to existing and future uses in the area. It can be concluded that
the use meets General Standard (iii) for a Special Use Permit.
(iv) Be served adequately by essential public facilities and services such as highways,
streets, police, fire protection, drainage structures, refuse disposal, water and
sewage facilities, and/or schools.
Findings of Fact: The site is directly served by a collector street (20th Street). All City
services are available to the site.
Conclusions: This property is adequately served by essential public facilities and services.
It can be concluded that the use meets General Standard (iv) for a Special Use
Permit.
(v) Not create excessive additional requirements at public cost for public facilities or
services.
Findings of Fact: The child care facility will not require additional infrastructure in the
future. Neither is additional fire or police resources anticipated to serve this use.
Conclusions: This use will not create additional requirements at public cost. It can be
concluded that the use meets General Standard (v) for a Special Use Permit.
(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.
Findings of Fact: Child care facilities traditionally are not accompanied by excessive
smoke, fumes, glare, or odors. A facility with 8 children should add no more than 16
vehicular trips to 20th Street, which had an average daily traffic count of 2,270 in 2011 .
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Conclusions: The child care facility will not add a significant amount of traffic to the street
network. Eight children outside for an extended play time may produce additional noise
but is not anticipated to be disruptive or detrimental. It can be concluded that the use
meets General Standard (vi) for a Special Use Permit.
(vii) Be consistent with the intent and purpose of the Zone in which it is proposed to
locate such use.
Findings of Fact: A child care facility is allowed by Special Use Permit in the RL zoning
district provided there are no impacts that cannot be readily ameliorated. RL zoning
allows for those uses that support a residential environment. A child care facility is one of
those.
Conclusions: The City Council, through the zoning ordinance, has determined that this
use is consistent with the intent and purpose of the Low Density Residential zoning
district upon specific review. A child care facility can be found to be compatible in how it
operates with the surrounding residential uses. It can be concluded that the use meets
General Standard (vii) for a Special Use Permit.
Residential Zone Standards.
(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.
Findings of Fact: The house at 2003 Hunziker Drive is a single-family, owner-occupied
home. It would generate traffic similar to that of other homes in the neighborhood. The
addition of eight children for the day care would result in an additional 16 vehicular trips
per day.
Conclusions: This increase is relatively minor and would be insignificant, especially with
staggered drop-off and pick-up times. The street network will be able to maintain the
current street classification and level of service with this additional traffic generator. It can
be concluded that the use meets Residential Zone Standard (i) for a Special Use
Permit.
(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.
Findings of Fact: Except for the drop-off and pick-up of the children, there will be no
additional deliveries or trip generation due to the use.
Conclusions: The proposed use will not create a noticeably different travel pattern off-site
than the predominant pattern in the area. It can be concluded that the use meets
Residential Zone Standard (ii) for a Special Use Permit.
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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, food delivery vehicles, and
moving vans.
Findings of Fact: No truck deliveries will occur.
Conclusions: It can be concluded that the use meets Residential Zone Standard (iii)
for a Special Use Permit.
(iv) Not have noticeably different and disruptive hours of operation.
Findings of Fact: The applicant notes the hours of operation are limited from 7:30 am to
5:15 pm to accommodate working parents..
Conclusions: These daytime hours should not be disruptive to the neighborhood. It can
be concluded that the use meets Residential Zone Standard (iv) for a Special Use
Permit.
(v) Be sufficiently desirable for the entire community that the loss of residential land is
justifiable in relation to the benefit.
Findings of Fact: The use of 2003 Hunziker Drive will remain a single-family home. The
child care facility will be accessory to that use. Therefore it will result in no loss of
residential land.
Conclusions: There will be no loss of residential land with the approval of this use. It can
be concluded that the use meets Residential Zone Standard (v) for a Special Use
Permit.
(vi) Be compatible in terms of structure placement, height, orientation, or scale with the
predominate building pattern in the area.
Findings of Fact: The single-family home is not significantly different from other homes in
the neighborhood. It is a single-story home with a single detached garage. The
neighborhood is predominately single story homes, with a mix of attached and detached
garages for one or two vehicles.
Conclusions: The placement, height, scale, and massing of the home is no different from
others in the neighborhood. It can be concluded that the use meets Residential Zone
Standard (vi) for a Special Use Permit.
(vii) Be located on the lot with a greater setback or with landscape buffering to minimize
the impact of the use on adjacent property.
Findings of Fact: It appears that the home met all the zoning standards when it was built
in 1960. The rear yard is fenced and has significant landscape provided by a tall hedge.
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Conclusions: The existing yard is well screened visually. Noise, however, may have an
impact although staff has received no complaints of such. It can be concluded that the
use meets Residential Zone Standard (vii) for a Special Use Permit.
(viii) Be consistent with all other applicable standards in the zone.
Findings of Fact: There is no evidence that the existing house complies with all the Low-
Density Residential zoning standards, except for the operation of the child care facility
without proper approvals.
Conclusions: It can be concluded that the use meets Residential Zone Standard (viii)
for a Special Use Permit.
PUBLIC COMMENTS:
Notification was made to all owners of property within 200 feet. A notice of public hearing was
placed on the property and published in the newspaper. Neighbors Joyce and Richard Heggen
wrote to support the request.
ALTERNATIVES:
1. The Zoning Board of Adjustment can approve this request for a Special Use Permit to
allow the residence at 2003 Hunziker Drive to include, as an accessory use, a child day
care facility by adopting the findings and conclusions noted above, and with the
following conditions:
a. That the day care facility be limited to no more than 8 children of any combination
of full-time, part-time, or school-age (the standard allowed as a C1 home
registered by the Department of Human Services).
2. The Zoning Board of Adjustment can approve this request for a Special Use Permit to
allow the residence at 2003 Hunziker Drive to include, as an accessory use, a child day
care facility by adopting the findings and conclusions noted above, and with other
conditions in addition to or in lieu of those noted above.
3. The Zoning Board of Adjustment can deny this request for a Special Use Permit to allow
the residence at 2003 Hunziker Drive to include, as an accessory use, a child day care
facility by finding that the project does not meet the criteria of Section 29.1503(4).
4. The Zoning Board of Adjustment can refer this request back to the applicant or to City
staff for additional information.
RECOMMENDED ACTION:
Staff concludes that the child care facility as an accessory use to the single-family home at 2003
Hunziker Drive is consistent with the general and specific residential standards required for
granting a Special Use Permit. The proposed condition limiting enrollment to no more than 8
children without further review by the City is to ensure compatibility with the residential
neighborhood. Therefore, based upon the Findings of Fact and Conclusions above, it is
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a
the recommendation of the Department of Planning and Housing that the Zoning Board of
Adjustment act in accordance with Alternative #1.
SAPLAN SHMCouncil Boards Commissions\ZBA\Special Use Permits\2003_Hunziker_Day_Care-01-13-16.docx
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Attachment A: Location Map
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