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HomeMy WebLinkAboutA6 ITEM #: 2 DATE: 07/13/16 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO ZONING BOARD OF ADJUSTMENT DATE PREPARED: July 8, 2016 CASE FILE NO.: ZBA-16-06 MEETING DATE: Zoning Board of Adjustment — July 13, 2016 REQUEST FOR APPROVAL OF AN AMENDMENT TO THE SPECIAL USE PERMIT: To allow changes in the operation of the Prairie Flower Children's Center at 2807 Duff Avenue (see Attachment A - Location Map). PROPERTY OWNER: City of Ames 515 Clark Avenue Ames, Iowa 50014 APPLICANT: Ames Waldorf Association for Prairie Flower Children's Center P.O. Box 387 Ames, Iowa 50010 LOCATION: 2807 Duff Avenue ZONING: "S-GA" (Government/Airport) BACKGROUND AND PROJECT DESCRIPTION: On August 10, 2011, the Zoning Board of Adjustment granted approval of a Special Use Permit (SUP) to allow the operation of a preschool at 2807 Duff Avenue for not more than seventeen children between the ages of three and five years, during weekdays of the school year, between the hours of 9:00 a.m. and 12:15 p.m., with the following conditions (see Attachment B — Decision & Order): 1. The applicant submit to the City Clerk's Office proof of certification with the State of Iowa as a registered day care (preschool) provider, prior to beginning operations at 2807 Duff Avenue (see AttachmentD—State of Iowa Certificate of License for Prairie Flower Children's Center, dated September 29, 2011); 2. That the use continues to be sponsored by, under the oversight of and consistent with the overall purposes and mission of Camp Fire USA (now known as Camp Fire Heart of Iowa); and, 3. Signage for the preschool 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. Since granting of the Preschool License by the State of Iowa, and granting of the Special Use Permit (SUP) by the Zoning Board of Adjustment, the Ames Waldorf Association has operated the Prairie Flower Children's Center (preschool) at 2807 Duff Avenue during the school year, beginning in 2011. At this time, they are requesting that an amendment to the SUP be granted to allow the following (see Attachment C—Applicant's Narrative): • The inclusion of 20 children attending the preschool at any one time. This is an increase of three children, from the original approval for seventeen, and exceeds the maximum number of children allowed by the State of Iowa Preschool License, granted on September 29, 2011, which allows for the care of a maximum of seventeen children on the premises at any one time; • Permission to operate the preschool, during the school year, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. This is an expansion of the hours of operation for the preschool from the original approval, which is 9.00 a.m. to 12:15 p.m., to conduct preschool in the morning, and day care for the preschool children in the afternoon; and, • A range of three to seven years of age for children attending the preschool. This is an expansion of the age range from the original approval for three to five year-olds. The proposal is to offer preschool programming in the morning, and extended day care in the afternoon hours for only those children that attend the preschool in the morning. The ages of children attending the preschool will primarily be three, four, and five year-olds. The rare exception could include a small number of six, and seven-year olds. Staffing of Prairie Flower Children's Center(PFCC) currently consists of two adults, a lead, and an assistant teacher, who oversee all PFCC activities. The applicant states that with twenty children, the plan would be to operate with no less than two adults, with strict adherence to Department of Human Services (DHS) requirements for child supervision. DHS requires a ratio of no less than one adult to eight 3 year-olds, one adult to twelve 4 year-olds, or one adult to fifteen 5, 6 and 7 year-olds. Preschool is limited to Monday through Friday, during each school year. There are scheduled events and activities for families of the preschool children that occur at the preschool site during the school year. These family gathering are scheduled in the evenings, and on weekends, at least once each month, and more frequently during some months between the first of the August and the end of May. The activities and events include family potlucks, festivals for Halloween, Winter Break, May Day, and at least one fund raising event each school year. The preschool is considering future expansion of the preschool program, in future years, following the 2016/17 school year, to include a preschool program for twenty children in the 2 morning, and another twenty children in the afternoon. However, this proposal is not part of this SUP and would required a separate amendment to the SUP. Intensification of use for additional programming may require site improvements for paved driveway approaches and parking lot improvements. The Ames Waldorf Association (AWA) has operated the Prairie Flower Children's Center at 2807 Duff Avenue during the school year, since 2011. AWA is a nonprofit 501(c)(3) organization. The property, at 2807 Duff Avenue, is owned by the City of Ames and is used by Camp Fire Heart of Iowa, as Camp Canwita (see Attachment E— Camp Canwita Photo), 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. There is a one-story commercial building for use by the proposed preschool that contains 1,768 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, which is a non-conforming gravel surface, is accessed directly from Duff Avenue, north of Inis Grove Park (see Attachment F - Parking Lot Photo) APPLICABLE LAW: Chapter 29, Section 29.1503(4)(a) 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 3 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. (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 information 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: The property is designated as "Parks and Open Space" on the Future Land Use Map of the Land Use Policy Plan (LUPP). The property is zoned as "S-GA" (Government/Airport District). Goal No. 4 of the LUPP states that, "It is the goal of Ames to create a greater sense of place and connectivity, physically and psychologically, in building a neighborhood and overall community identity and spirit. It is the further goal of the community to assure a more healthy, safe and attractive environment." Objective 4C. states that, "Ames seeks to psychologically connect the various living/activityareas through closer proximity of residential areas and supporting g p Y commercial uses, common design elements, and inclusion of community amenities such as parks and schools. The connections should promote community identity." Conclusions: The Inis Grove Park land, and open space connections along the Skunk River, running through this site, provides the opportunity for the children enrolled in the preschool to utilize the parks and open space, and connect physically and psychologically with the environment. It can be concluded that the property meets General Standard (i) for a Special Use Permit. 4 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 site is zoned as "S-GA" (Government/Airport District), and is part of the public park system for the community. Zoning standards do not specifically apply to properties located in the S-GA zone; however, the use and development of land in the S-GA zone is to be compatible with the general character of the area in which it is located. Properties in the general vicinity of the site are zoned as "RL" (Residential Low Density). A child day care facility is an institutional use that the zoning regulations recognize as compatible with low density residential uses when designed to meet the requirements for a Special Use Permit. No changes are proposed to the existing and intended character of the general vicinity, including the existing buildings and site features, as the result of the modifications proposed to the approved Special Use Permit. Conclusions: Without proposed changes to the existing site or existing buildings, the preschool maintains the existing residential scale and appearance, which is compatible with its surroundings. It can be concluded that the property meets General Standard (ii) for a Special Use Permit. Not be hazardous or disturbing to existing or future uses in the same general vicinity. Findings of Fact: The primary existing and future planned use of land in the general vicinity is for single family detached homes. Existing use of the subject property for a preschool during the months of the school year, and a camp for children during the summer months, would not change with approval of the proposed modification. The hours of operation, the number of children attending the preschool, times of the day when vehicles would enter and exit the site, and the number of trips into and out of the site would change with approval of the modification to the SUP. The hours of operation for the preschool would extend from a 9:00 a.m. morning start time to one hour earlier at 8:00 a.m., and dismiss preschool at 5.00, each day, instead of 12:15 p.m. The number of children enrolled would increase by three, from seventeen to twenty, and the number of trips into and out of the site would potentially increase by eight, with three additional vehicles bringing children to and from the site, adding six additional trips each day, and potentially adding a third staff member for two additional trips. Conclusions: The addition of three more preschool students, and the extended hours of operation should not be disturbing or hazardous to existing and future uses in the area. The increase of eight more trips by vehicles accessing the site, can also be easily accommodated by Duff Avenue, which is a minor arterial street at this 5 location. It can be concluded that the property 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: With the preschool operation, all essential public services are already provided for the site. The changes proposed to operation of the preschool, will not require any additional public service, beyond what is already provided. Conclusions: This property is already served by essential public facilities and services. It can be concluded that the property 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: No changes are proposed for the site or the existing buildings on the property. Conclusions: The proposed modification to the approved SUP will not create additional requirements at a public cost for public facilities. It can be concluded that the property 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: As an institutional use, the preschool will not produce smoke, fumes, glare or odors. Additional traffic generated by increase in the number of preschool students from seventeen to twenty, would consist of an estimated eight additional trips by vehicles entering and exiting the site each day by persons transporting the additional three children, including the possible addition of one more preschool staff member on site. Conclusions: Additional traffic generated by the slight increase in the number of children attending the preschool can be easily accommodated by Duff Avenue, which is the mean of access to the site. It can be concluded that the property meets General Standard (vi) for a Special Use Permit. 6 (vii) Be consistent with the intent and purpose of the Zone in which it is proposed to locate such use. Findings of Fact: S-GA zoned land is for government owned land and related operations and due to the unique conditions of the deed of the land to the City can be uses for Campfire USA affiliated uses as well. The site is zoned as "S-GA (Government/Airport), and uses are to be compatible with the general character of the area in which the S-GA district is situated. Properties in the general vicinity of the preschool site are zoned as "RL" (Residential Low Density). A preschool is an institutional use, allowed within the "RL" zoning district, with approval of a Special Use Permit by the Zoning Board of Adjustment. Conclusions: The S-GA zoning reflect the ownership pattern more than the intended use type for the site. The City allows for recreational uses on the site and for the preschool to operate within the existing facilities. Since the preschool is a use permitted through the granting of a Special Use Permit in the RL zone, the use has also been permitted on this site in the same manner since the likely non- government zoning would be RL. Using the site for recreational purposes in combination with the preschool can be found to be consistent with the purpose of the zoning and the limits of use on this property. It can be concluded that the property meets General Standard (vii) for a Special Use Permit. PUBLIC COMMENTS: Mailed notification was made to all owners of property within 200 feet of the subject property. In addition, a sign was placed in the front yard of the property as notice of the public hearing. No written comments have been received. There were two phone inquiries concerning the proposed changes and the condition of the site. An email has been received by the Planning and Housing Department, in which Bob Reid, Director of Camp Canwita, states his support of the modifications to the Special Use Permit for Prairie Flower Children's Center(see Attachment E - Email Supporting Modifications to the SUP). ALTERNATIVES: 1. The Zoning Board of Adjustment can approve the request for Amendments to the Special Use Permit for Prairie Flower Children's Center, located at 2807 Duff Avenue, subject to the following conditions: A. That the hours of operation of Prairie Flower Children's Center be limited to 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusively during the school year; B. That the number of children attending preschool at the Prairie Flower Children's Center be limited to twenty children, at any one time; 7 C. The age range of children attending preschool at Prairie Flower Children's Center be limited to the ages of three to seven; D. A preschool program in the morning, with daycare for only those morning preschool children in the afternoon. Additional students beyond the morning preschool program or for after school care are not permitted. E. Incidental and accessory events or gatherings with limited occurrences in the evenings or weekends are permitted. F. A transition of the preschool program, in future years, to offer a morning preschool in the morning, and a separate preschool for other students in the afternoon, will require approval of another Amendment to this Amended Special Use Permit by the Zoning Board of Adjustment; G. After school daycare, for students who are not attending the morning preschool program, is not permitted by this Special Use Permit; and, H. That the use continues to be sponsored by, under the oversight of, and consistent with the overall purposes and mission of Camp Fire Heart of Iowa. I. The applicant submit to the City Clerk's Office proof of certification with the State of Iowa as a registered day care (preschool) provider for twenty children at any one time on the premises at 2807 Duff Avenue, prior to expanding the preschool operation from seventeen to twenty children, and maintain its state certification. 2. The Zoning Board of Adjustment can deny the request for Amendments to the Special Use Permit for Prairie Flower Children's Center, located 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 proposed amendments. 3. The Zoning Board of Adjustment can refer this request back to the applicant and/or City staff for additional information. RECOMMENDED ACTION: It is the recommendation of the Department of Planning and Housing that the Zoning Board of Adjustment approve Alternative #1, with the conditions listed above, to allow for the change in hours and the increase in students from 17 to 20 students. The recommended approval does not permit the operation of two sessions of preschool (morning and afternoon) or a public daycare or after school program. 8 Attachment A - Location Map r "a � 6 `�•�"` �.:� ��"� � '�Z�rb��`�a�� '. �i �� a'.�, ���r x ua��d� y w"��q� ��"�;�sy ��'�p� � ''a 'Rdtr mow, fte IYEFF OA s 1 �� � w '�� g. .T o'a ��' �`$,`S �� •N` AY e" � �� Y�",4 f° f 1 �1���"��;� $ x as ate ' tt�xc fi � �kraK f Subject Property , w w s a � r . s ys r ss � wltt € z [ x o t - zsTH sT rH s 4 � y s:.+ w ST H ST r ,25 T.-H? T 'w W v.a � ''� .y� a yW, _ ter sty aeTTST zersT 2aTHST a zaTWsT zaTksi 2+4FH 5T W t w it 1 0 R {`� -rk § gas cad y J vyl - - Location Map 2807 Duff Avenue 0 155 310 620 930 Feet 9 Attachment B — Decision & Order (Pg. 1 of 2) 0 L CITY OF AMES IOWA D ZONING BOARD OF ADJUSTMENT NOV 10 2011 CITY CLERK CITY OF AMES,IOWA IN THE MATTER OF THE APPLICATION: OF PRAIRIE FLOWER CHILDREN'S CASE NO. 11-19 CENTER FOR SPECIAL USE PERMIT, GEOCODE NO. 05-26-375-020 SECTION 29.1503,AMES MUNICIPAL CODE,OPERATE A PRESCHOOL CENTER ON THE PROPERTY DECISION&ORDER LOCATED AT 2807 DUFF AVENUE FACTS Prairie Flower Children's Center is a Waldorf Preschool program that has operated for a number of years in this community. It most recently had been located in a church on Hyland Avenue, but remodeling inside that location has created the need for the program to search for a new site. The driving philosophy of their programming is to provide young children abundant exploratory time in nature for healthy childhood development as well as to develop a lifelong appreciation for the outdoor environment. Their previous site was located on a large wooded lot which gave ample opportunity for the children to experience natural surroundings.In looking for a new site,the Center was hoping to find a location with similar features, and approached Camp Fire USA about the possibility of sharing space with them at their site in Ames. Camp Fire operates its local programs on a 13.4 acre site on North Duff Avenue called Camp Canwita.This camp is immediately north of the City of Ames'Inis Grove Park.The land on which the camp operates is also owned by the City of Ames, and through a deed restriction created by the original owner of the land at the time he donated it to the City, this part of the properly is reserved exclusively for use by Camp Fire. In considering whether to work with the preschool, Camp Fire acknowledged that it operates similar programs in other locations,but did not have such aprogram in Ames.The two entities core program features of the provision of services for youth, especially in nature led to the decision of the two agencies to partner. The preschool is required to have a Special Use permit for the proposed new location of its operation,and is before the Board with that request.The preschool will be for children ages 3 to 5 and enrollment will be for up 17 children. This small group of children will only be present for a part of each weekday,so they should be much less intrusive on the neighbors than the summer camp activities are.Both Camp Fire and Prairie Flower believe that having people present on the site throughout the year will allow better monitoring of the grounds and allow them to more timely address concerns that have arisen in the past which are of a temporary nature,like trash pick up and snow removal. The site will not require any additional city services or infrastructure to operate. Camp Fire has invested significant funds to update and maintain this facility and wants to be a good neighbor, so is also willing to work with the neighbors, this preschool and the City to maintain that relationship. Page 1 of 2 10 Attachment B — Decision & Order (Pg. 2 of 2) DECISION The Board considers the standards applicable to Special Use permits for operation of preschool and daycares.The testimony and exhibits establish that the use of this land for a preschool is harmonious with the Land Use plan's designated use of this area.The public facilities and services for this area are adequate to serve a preschool, and the proposed use will not change the existing or intended character of the area.This proposed use will not be so intense as to create disturbing conditions, like excessively higher volumes of traffic, noise,or disruptive hours of operation.The Board agrees with and adopts the findings of the staff and determines that it can grant this permit,with conditions to address and minimize any potential impacts. ORDER WHEREFORE, IT IS ORDERED that the applicant is granted a Special Use Permit, Section 29.1503, Ames Municipal Code, to allow operation of a preschool for not more than 17 children between the ages ofthree and five years during weekdays of the school year between the hours of9:00 a.m. and 12:15 p.m.,with the following conditions: 1.That the applicant submit to the City Clerk's office proof of certification with the State of Iowa as a registered day care(preschool)provider,prior to beginning operations at 2807 Duff Avenue; 2. That the use continues to be sponsored by,under the oversight of and consistent with the overall purposes and mission of Camp Fire USA; and 3. Signage for the preschool 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, all for the property located at 2807 Duff Avenue. Any person desiring to appeal this decision to a court of record may do so within 30 days after the filing of this decision. Done this 1 Oth day of August,2011. r -� mily Bu n alhoun Secretary o the Board Chair Page 2 of 2 11 Attachment C —Applicant's Narrative (Pg. 1 of 2) WE'VE JUN 2 0 2w n�a CITY OFAMES JbWA Request: Modification of the Special Use Permit Allowing Prairie Flo& OFPLANNING&HOUSING Children's Center to Operate at 2807 Duff Avenue This is a request for a modification to a special use permit that was granted to the Ames Waldorf Association (AWA) to operate Prairie Flower Children's Center (PFCC) at Camp Canwita, 2807 Duff Avenue on August 10, 2011. We are seeking to modify our special use permit to allow the inclusion of up to 20 children at a time as well as permission to operate between the hours of 8:00 AM and 5:00 PM, Monday through Friday. The children would range between the ages of three to seven. This would allow us to operate both morning and afternoon preschool activities, to expand the number of children and families we can serve and to better sustain our activities over the long term. AWA is a nonprofit 501(c)(3) organization. At the time of the initial special use permit, it was determined that PFCC could operate a preschool for up to 17 children between the ages of three and five years of age during weekdays during the school year between the hours of 9:00 AM and 12:15 PM. This use was conditional on the continued sponsorship and oversight of Camp Fire, with whom we continue to work very closely. During this time, PFCC has complied with all conditions set forth by the City of Ames and Camp Fire and has been a responsible, constructive, and valuable member of the neighborhood and community at large. PFCC is a Waldorf inspired preschool program that has operated in the Ames community for more than 20 years.It has been located at multiple sites throughout the City of Ames, but since 2011 it has operated at 2807 Duff Avenue, the site of Camp Canwita, a city owned parcel that was donated to the City of Ames for the exclusive use of Camp Fire. Camp Fire continues to use Camp Canwita during the summers for youth programming. By agreement with Camp Fire back in 2011, the Ames Waldorf Association applied for and was granted a special use permit to operate the Prairie Flower Children's Center preschool on the site during the autumn, winter, and spring months when Camp Fire was not using the land. When Camp Fire was approached, they felt that a partnership with the Ames Waldorf Association was a perfect fit. They already had similar programs to PFCC in other communities. Additionally, with both groups working to provide high quality services for youth to learn in and about the natural environment, it was a natural partnership. Since that time, we have worked together to bring children and families into both of our programs and the year round presence of activity at Camp Canwita has led to better building and access maintenance as well as more timely attention to concerns such as trash and snow removal, lawn care and so on. This has all occurred without disruption to the 12 Attachment C —Applicant's Narrative (Pg. 2 of 2) neighborhood. In the process, scores of children have learned, played, developed and experienced nature throughout the seasons in the woods along the Skunk River in North Ames. This past year saw the retirement of Prairie Flower Children's Center's lead teacher, Delphine Douglass, who has led PFCC's activities for children and the community over the past 16 years. A new lead teacher has been brought on, but in order to improve our organizational impact and stability, we feel it is necessary to expand our services. It is this need that has led us to request this modification to our special use permit. As you can see from our application packet, we foresee no problems or conflicts to develop with this change in use, no need for further structural development, and no additional city services or infrastructure needed with this request. Furthermore, this expanded activity and use has been approved and enthusiastically endorsed by Camp Fire. Two adults, a lead and an assistant teacher currently oversee all PFCC activities. With 20 children, we would plan to operate with no less than two adults, with strict adherence to DHS requirements for child supervision. DHS requires a ratio of no less than one adult to eight 3 year-olds, one adult to twelve 4 year-olds, or one adult to fifteen 5, 6 and 7 year-olds. 13 Attachment D — State of Iowa Certificate of License A M Mi N N I SIM CERTIFICATE OF LICENSE A PRESCHOOL LICENSE is hereby granted to PRAIRIE FLOWER CMLDREN'S CENTER to care for a ma-ximum,number of 17 children at any one time in the premises located at tr ram'qah 2807 DUFFAMES,IA 50014 for the period beginning 09/01/2011 ending 06101/2013 as provided by Chapter 237A of the Code of 9,s,. Iowa.This facility does comply with the standards established by the Department of Human Services. Issued by the authority of the Department of Human Services this 29th day of September 12011 4185000010 LIS Licensing Number CL Division Administrator-Adult,Children and Family Services 14 Attachment E — Camp Canwita Photo z taN won ., CAMP 1: 3_ ., 15 Attachment F — Parking Lot Photos t" b d^ „ 16