HomeMy WebLinkAboutA5 ITEM #: 3
DATE: 07-13-16
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: July 8, 2016
CASE FILE NO.: ZBA 16-08
REQUEST FOR APPROVAL OF A SPECIAL USE PERMIT :To allow a social service
provider to locate on the property located at 803-805 Dickinson Avenue.
PROPERTY OWNER: Colin and Kimberly Hurd
3101 Diamond Street
Ames, Iowa 50010
APPLICANT: Assault Care Center Extending Shelter & Support (ACCESS)
LOCATION: 803-805 Dickinson Avenue
ZONING: "RM" (Residential Medium Density)
BACKGROUND AND PROJECT DESCRIPTION:
The Assault Care Center Extending Shelter and Support (ACCESS) proposes to
purchase the property located at 803-805 Dickinson Avenue as an emergency shelter
location for victims of crime. The property is zoned as "RM" (Residential Medium
Density), which allows "social service providers" with the approval of a Special Use
Permit by the Zoning Board of Adjustment.
Social Service Providers are defined in Table 29.501(4)-5 of the Municipal Code:
"Social Service Provider uses (SSPs) are primarily engaged in providing on-site
counseling, meals or shelter beds for free or at significantly below market rates. Uses
that provide foot on-site as an Accessory Use are not included if the service is provided
fewer than 3 days a week. For example, a church that provides a free or low-cost meal
once a week would not be classified as an SSP use." One of the uses listed under
Social Service Provider is "Shelter, temporary or permanent." On average, to
qualify as a social service provider, the average length of stay must be sixty days, or
less. When inhabitants of a home are in place for more than sixty days, such a use is
classified as "group living", which has different zoning standards.
The shelter use is proposed as a maximum of three unrelated adults or "heads of
households" if a child was part of the service with an adult. If they are individual adults
there will be one per bedroom. The combination of both units' services would allow for
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approximately 10 beds for use by occupants when considering the potential mix of
individuals and households. There will also be a staff member present on-site 24 hours
a day.
The property is a corner lot southwest of the intersection of Dickinson Avenue and
Twain Street (see Attachment A — Location Map). The property includes 12,236 square
feet, and is occupied by a split foyer duplex, constructed in 1997, with two attached 2-
car garages. Each of the two dwelling units includes an upper level and a lower level,
with approximately 900 square feet on each level, for a total of approximately 1,800 total
square feet of gross floor area in each unit. Each unit has a living room, dining room,
kitchen, bedroom and a bathroom with tub and/or shower on the upper level, and a
family room, two bedrooms, one bathroom with tub and/or shower, and one half-bath,
on the lower level.
Each dwelling unit is currently used as a rental, and has a Rental Housing Letter of
Compliance for four years, expiring in December, 2018. As a rental property it is
restricted to a maximum occupancy of one family or three unrelated adults, as defined
within the City's Zoning Ordinance. There are four off-street parking spaces for each
dwelling unit. Two garage spaces, and two spaces on the double-wide driveway in front
of the garage. One garage and dwelling unit is accessed from Dickinson Avenue, and
the other from Twain Street.
The applicant proposes no site changes with the Special Use Permit application and no
additional parking is required for the property since the minimum parking requirement is
two spaces per unit, and each unit has four spaces on the property.
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:
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(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.
(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
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(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.
STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL: The applicant has
provided the attached application including statements as to how the social service
provider Assault Care Center Extending Shelter & Support meets the requirements for a
Special Use Permit.
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 within the Low-Density classification
of the Land Use Policy Plan. The property is zoned as "RM" (Residential
Medium Density). ACCESS is proposing to convert the existing two-family
residential structure to an institutional use for a social service provider.
Conclusions: There is a need for social service facilities with the growing
population of the community. The City supports providing a wide range of
housing opportunities to meet the diverse needs of the community. There are no
other institutional uses in close proximity to the site. Conversion of an existing
two-family residential structure to an institutional use is generally consistent with
a medium density zoning designation, which permits social service providers as a
Special Use. The proposed use will not materially change the physical look of
the property, and this is consistent with the intent of a low-density land use
designation, and the RM zoning. It can be concluded that the property meets
General Standard (i) for a Special Use Permit.
(ii) 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: A social service provider is an institutional use that the LUPP
and zoning code recognize as compatible with lower density residential uses
when designed to meet these requirements for a Special Use Permit. The
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applicant requesting the Special Use Permit has stated that the ACCESS
organization intends to utilize the two-family dwelling (duplex) without alterations.
The applicant has noted that the need for on-street parking will be limited, since
adequate parking is provided on the site. There will be no signage on the site to
indicate any use different from the surrounding residences. The intent of
ACCESS is to blend in with the neighborhood.
Conclusions: Without proposed changes to the existing site or existing two-family
structure, the proposed institutional use will maintain the existing residential scale
and appearance, which is compatible with its surroundings. The described limit of
1 adult per bedroom (or head of household per bedroom) plus the staff on site
would have similar parking needs as a household living use. 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 uses in the general vicinity are two-family dwellings
(duplexes) to the north and northeast, apartment buildings to the east and south,
and townhomes (2-unit structures) to the west and northwest. The social service
facility will continue to function much the same as the surrounding two-unit, and
multiple-family structures. Each unit has a separate entrance, and the garage for
one unit is accessed from Dickinson Avenue, while the other garage will be
accessed from Twain Street.
Conclusions: The social service facility, at this location, should not be disturbing
or hazardous to existing and future uses in the area as social service providers
are an allowed institutional use that would operate similar to an allowed
residential use that already exist in the district. 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 existing two-family use, all essential public services
are already provided for the site. The social service provider will not require any
additional public services, not already required for the existing two-family
residential use.
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.
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(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 building on
the property.
Conclusions: The new use 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 social service facility will not produce
glare or odors. Traffic generated from the new social service provider will not go
beyond what is already experienced by the neighborhood with the existing two-
family and multi-family residential uses.
Conclusions: The proposed social service provider will not create any additional
traffic, noise, smoke, fumes, glare, or odors from the site. No increase in traffic is
anticipated for the site which would exceed what is the case for a typical two-
family and multi-family uses in the vicinity. The site has adequate parking with
garage and driveway parking on site to meet the typical needs. It can be
concluded that the property 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: The social service provider proposed for the site is allowed
within the RM zoning district, with approval of a Special Use Permit as noted in
the Residential Medium Density (RM) Zone Uses found in Table 29.702(2) of the
Ames Municipal Code. RM zoning allows a wide range of housing use types.
Conclusions: The City Council has determined that the social service provider
use is consistent with the intent and purpose of the RM zoning district, subject to
approval of a Special Use Permit that evaluates site specific issues. The
proposed use provides a needed housing option for temporary housing in the
community in a residential area that does not isolate individuals from the
community. The use does not have operational issues that would disrupt the
traditional residential uses in the area. It can be concluded that the property
meets General Standard (vii) for a Special Use Permit.
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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 applicant has noted that the majority of those who will
occupy the two dwelling units will utilize public transportation. No more than two
staff members of ACCESS will be on site at any one time. All other staff for
ACCESS will be located in office locations elsewhere in the community.
Conclusions: Traffic volumes from this facility will not exceed the capacity of the
adjacent streets. The street network will be able to maintain the current street
classification and level of service once the social service provider occupies this
site. It can be concluded that the development 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: Deliveries for the social service provider (ACCESS) will be
directed to other office locations in the community. Arrivals and departures to the
site will be dispersed throughout a day and not have a peak period that is
noticeable from neighborhood traffic patterns.
Conclusions: The proposed use will not create a noticeably different travel
pattern than the predominant pattern in the area. It can be concluded that the
development meets Residential Zone Standard (ii) for a Special Use Permit.
(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, food delivery
vehicles, and moving vans.
Findings of Fact: The only trucks normally expected at the site are refuse
collection vehicles.
Conclusions: It can be concluded that the development meets Residential
Zone Standard (iii) for a Special Use Permit.
(iv) Not have noticeably different and disruptive hours of operation.
Findings of Fact: As stated by the applicant, the social service program at this
location will strive to operate as close to a "normal" household as possible.
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Although staff will be present 24 hours a day, the residents will be expected to be
in the building, prior to midnight, and to observe quiet hours after 10:00 p.m.
Conclusions: It can be concluded that the development 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 existing site is used as a residential rental property. The
social service facility proposed will function much the same as the existing rental
facility, and will continue to provide housing for residents of the community. The
new use will not reduce the number of housing units in the community. The
proposed social service provider is an institutional use and provides services for
residents of the community.
Conclusions: It can be concluded that the development 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: There is no proposed change in the site or building for the
special use permit. The site will remain as existing within the pattern of the
neighborhood.
Conclusions: No change in the existing building or site will occur with the
approval of the proposed special use permit. It can be concluded that the
development 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: The proposed use will not change the existing layout of the site
or buildings. The existing buildings are in line with the setbacks and character of
the surrounding neighborhood. No distinguish impacts of the use have been
identified requiring buffering.
Conclusions: It can be concluded that the development meets Residential
Zone Standard (vii) for a Special Use Permit.
(viii) Be consistent with all other applicable standards in the zone.
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Findings of Fact: Social Service Providers are a permitted use with approval of a
Special Use Permit in the RM zone and the proposed use does not alter the
existing site plan for the properties.
Conclusions: The standards of the RM zoning district and other city standards
have been met. It can be concluded that the development meets Residential
Zone Standard (viii) for a Special Use Permit.
PUBLIC COMMENTS:
Notification was made to all owners of property within 200 feet. In addition, a notice
of public hearing was placed on the church property.
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ALTERNATIVES:
1. The Zoning Board of Adjustment can approve this request for a Special Use
Permit to allow use of the property at 803-805 Dickinson Avenue by the Assault
Care Center Extending Shelter & Support(ACCESS), a social service provider
with the use limitation as described of no more than 10 total beds and occupancy
limits of one unrelated adult per bedroom or combination of heads of households
with children.
2. The Zoning Board of Adjustment can approve this request for a Special Use
Permit to allow use of the property at 803-805 Dickinson Avenue by the Assault
Care Center Extending Shelter & Support(ACCESS), a social service provider,
with different conditions.
Adjustment can den this request for a Special Use Permit
3. The Zoning Board of Ad'ust y q p
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to allow use of the property at 803-805 Dickinson Avenue by the Assault Care
Center Extending Shelter & Support(ACCESS), a social service provider, 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 proposed Special Use Permit request to allow use of the
property at 803-805 Dickinson Avenue by the Assault Care Center Extending Shelter &
Support(ACCESS), a social service provider, is consistent with the general and specific
residential standards required for granting a Special Use Permit. Therefore, 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 act
in accordance with Alternative #1.
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ATTACHMENT A: LOCATION MAP
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ATTACHMENT B: PHOTOS OF THE SITE
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