HomeMy WebLinkAboutA003 - Staff Report 2009 Burnett Avenue ITEM #: 2
DATE: 07-28-21
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
REQUEST: A Special Use Permit to allow a Daycare Center in the Residential Low-
Density (RL) Zoning District for the property located at 2009 Burnett Avenue.
BACKGROUND:
The owner of property at 2009 Burnett Avenue has applied for a Special Use Permit to
operate a daycare center in a house formerly used as a single-family home. The owner
has applied for a Special Use Permit in response to a zoning enforcement inquiry from
City staff as to whether the day care operator/owner lived at the home while operating
their daycare after a complaint was received from a nearby resident regarding the
operation of day care business at the site rather than as a special home occupation.
The property is located in the Residential-Low Density (RL) zone and contains a 2400
square foot house that the owner currently does not reside in. The house is a ranch style
design and was constructed in 1955. The home sits on an 8,906 square foot lot.
(Attachment A)
The applicant describes the daycare operations as being Monday through Friday from
8:OOam to 5:15pm. The day care has two employees which include the owner and her
husband. The daycare serves between 8 and 12 children during the school months
and 10-14 children during the summer. The applicant identifies 3 parking spaces are
provided for pickup and drop off of children during the day as well as employee parking.
The parking is not dimensioned by the applicant, but does show two spaces in the front
driveway and one on the street according to the diagram submitted. As a day care center
that is not a home occupation, on-street parking is not permitted in residential zones or
for Special Use Permits. (Attachment B) The daycare is Licensed by the state of Iowa as
Class C2 Daycare.
A Special Home Occupation Permit was issued for this site in 2004 to the previous owner
of the home and operator of the daycare as a Special Home Occupation. At that time the
permit authorized the use of no more than 25% of the homes floor area with allowances
for use of bathrooms and eating areas intermittently for specific purposes and to operate
with no more than 6 children being cared for at any one time. The area used now
encompasses 50% of the main floor of the house as well as the storage and laundry area
in the basement and use of the 2nd bathroom when needed according to the owner.
(Attachment C) State of Iowa requirements for childcare providers in Iowa place a
maximum on Class C2 providers at 16 children. (Note- The state of Iowa has restrictions
on ages and hours of supervision with this many children).
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The current owner inherited the daycare business from her mother who was the owner of
the home and of the daycare previously and who was issued the Special Home
Occupation permit in 2004.
The Special Use Permit findings outline the criteria for determining the compatibility of the
use with its surroundings and for conformity to zoning standards. These criteria differ from
the original Special Home Occupation approval that was based upon the principal use of
the property as a dwelling for the property owner and the daycare business as ancillary
to the use of the site. Findings for the criteria are provided in the addendum to the report.
Staff has determined that primary concerns are related to the level of traffic for the
additional student capacity. The proposed use can be seen to exceed the provided
required parking stalls which cause on street parking for the use thereby creating
congestion and a potential safety hazard on Burnett Avenue during heavy drop off
and pick up times as well as reducing available public parking for nearby residents
and presents a detriment to the surrounding area.
Parking Standards
Section 29.406 contains the City's parking standards based on use. There is no
stated explicit parking standard found in the parking table for daycare centers.
However, Section 29.406(2)(a) states that "the off-street parking space requirement
for a use not specifically mentioned herein is the same as required for a use of
similar nature." The most similar use that can be found in the parking table in
Section 29.406(2) is `Schools primarily serving children younger than age 16'. This
standard requires the greater of 2 spaces per classroom or 1 space per 4 seats in
the auditorium. In this case the classroom standard must be used given the nature
of the use and floor plan that was submitted which indicates the daycare operates
as a single classroom.
This standard would require this site to have a minimum of two off-street parking
spaces. There are two spaces identified in the front driveway which can be seen to
satisfy the on-site parking requirement based on the most similar standard used in
the parking table in Section 29.406(2).
However, concerns remain over the harmonious nature of the periods of increased
traffic during pick up and drop off times along Burnett Avenue in the neighborhood.
Staff has found in four of the standards dealing with traffic patterns and the
harmonious nature in the neighborhood that those particular standards are not met
in regards to the Special Use Permit criteria.
STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL: The applicant has
provided the attached application including statements as to how the proposed Daycare
Center meets the requirements for a Special Use Permit.
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APPLICABLE LAW:
The Board must make the requisite findings for approval of the proposed Special Use
Permit that are defined below. Findings of Fact based upon the proposed description of
use, site development plan, and facts of the application are included in the attached
Addendum.
Chapter 29, Section 29.1503(4)(a), (c), 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 (c) 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: (The standards are listed in this report below.)
(a) (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."
PUBLIC NOTIFICATION:
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.
ALTERNATIVES:
1. The Zoning Board of Adjustment can deny this request for a Special Use Permit to
allow a daycare center at 2009 Burnett Avenue by finding that the project does not
meet the criteria of Section 29.1503(4) and is inconsistent with zoning standards
for traffic flow and harmonious with the neighborhood.
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2. The Zoning Board of Adjustment can approve this request for a Special Use Permit
to allow a daycare center at 2009 Burnett Avenue by finding that the project meets
all the standards of a Special Use Permit in Section 29.1503(4).
3. The Zoning Board of Adjustment can refer this request back to the applicant or to
City staff for additional information.
PLANNING AND HOUSING DEPARTMENT RECOMMENDED ACTION:
The daycare center as proposed at 2009 Burnett has been in existence since approval of
a Special Home Occupation issuance in 2004. Since that time the nature of the daycare
has changed which involve the owner moving out of the house while still providing
daycare services in the house and the number of children growing from less than 6 under
the previous Special Home Occupation to now between 8 and 14 kids. Special Use
Permits are required to be able to demonstrate that parking standards are met and are
compliant with zoning standards as well as being provided solely on the property of the
use. In this case this requires a minimum of 2 spaces per classroom based on the
most similar standard in Section 29.406(2)(a). The most similar standard for this is
the standard for schools serving children under 16. In this situation the peak pickup
and drop off times cause an increase in traffic that are not harmonious with the
surrounding neighborhood and therefore is not compatible with Special Use Permit
standards.
Therefore, based upon the Findings of Fact and Conclusions in the Addendum, it
is the recommendation of the Department of Planning and Housing that the Zoning
Board of Adjustment act in accordance with Alternative #1 which is to deny this
request for a Special Use Permit for a daycare center in a house at 2009 Burnett
Avenue.
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ADDENDUM
FINDINGS OF FACT & CONCLUSIONS:
Based upon the proposed description of use, site development plan, and facts of 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 proposed daycare center is located on land designated as
Low-Density Residential in the LUPP. The structure proposed for the daycare
center is a pre-existing single-family home with a single-family home appearance.
No changes are proposed on site to the home or physical property. The previous
owner of the home received approval of a Special Home Occupation permit in
2004 for operating a daycare at this location while residing in the home. The
Residential-Low Density (RL) zone permits daycares as Special Home
Occupations.
Conclusions: The Residential-Low Density (RL) zone permits daycare as home
businesses. This use can be expected in residential zones across the city. In
unique circumstances a day care center, which is not a home based business, may
also be approved through a special use permit. Due to the size of the day care
center and its use of a residential structure in a residential area it can be found to
compatible with the general principles of the Low Density designation and policies
of the LUPP.
It can be concluded that the use meets the 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 Daycare Center is proposed within a single-family home
structure that was a dwelling in the past. It was originally constructed as a single-
family home and is surrounded by other single-family homes. The daycare
operation is proposed to occur without the operator living in the home and the
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home otherwise being unoccupied. The daily operations of the daycare involve
anywhere from 8-14 children being looked after depending on the time of year
between the hours of 8:00am and 5:15pm. The operation of the daycare will be
inside the home and in the backyard. Some parking in conjunction with pick up and
drop off occurs on Burnett Avenue and in the driveway. No additional on-site
parking or buffering is proposed with the project for the daycare use.
Conclusions: The appearance of the site is that of a residential house which can
be expected in a residential area. The operation of the site as a stand-alone
daycare center with no one residing in the home is not permitted in the zoning
ordinance in a single-family residential area in base zone standards. The parking
for this site also can extend out onto Burnett at times which causes safety concerns
and reduces available on-street parking.
It can be concluded that the use does not meet 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 operator of the daycare proposes no chemical uses in order
to operate the business. No additional hazards or disturbances were proposed.
Conclusions: 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: No additional services are proposed or requested with this
proposal. The site is currently adequately served by police, fire protection, storm
water, water, sewer and is served by Burnett Avenue.
Conclusions: 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: No additional public services are anticipated for the proposed
daycare center.
Conclusions: 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.
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Findings of Fact: The owner does not claim any current conditions of operation or
any new proposed conditions that will create additional noise, traffic, smoke,
fumes, odors or glares or be detrimental to any person. The parking for this activity
occurs both in the driveway of the house in 2 spaces and at times on Burnett
Avenue.
Conclusions: Traffic at peak drop-off and pickup times may exceed what is typical
of a residential neighborhood. Traffic may accumulate during these times and park
on the side of Burnett Avenue or in the driveway of the house. Due to the activity
at this site this activity can be seen to be detrimental during these times as it
increases the safety risk on Burnett and eliminates public parking during these
times for other residents. No other intrusive elements such as smoke, fumes, glare,
odors or other noise are anticipated.
It can be concluded that the use does not meet 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 Residential-Low Density Zone does permit daycare centers
as Special Home Occupations operated as part of a residence where the owner
resides. Day care centers are not home occupations and are a business that
require a special use permit to determine compatibility with the surroundings. The
RL zoning district purpose is to provide for residential uses and to prohibit uses
detrimental to residential uses. Nonresidential uses are limited to those that can
be compatible with the surroundings and have a relationship to residential living.
Conclusions: The presence of a daycare use is permissible in residential zones
and a daycare use can be viewed as related to residential living as a neighborhood
service, although there is not limitation on where students originate from for the
day care . 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 daycare center has peak drop off and pick up times during
daytime hours as the operations are from 8:OOam to 5:15pm according to the
operator. During these times traffic will be heavier than usual. Parking is shown to
occur in the driveway and on Burnett Avenue. The proposed daycare has
inadequate parking based upon the number of children attending each day.
Currently the parking is provided in the driveway or upon Burnett Avenue.
Conclusions: The street parking and potential for congestion do not conform to
standards for Special Use Permits to not create excessively higher levels of traffic
than the predominant pattern in the area and the standards in the zoning
ordinance. Additionally, the presence of additional on street parking and
congestion reduces available public parking and creates potential safety hazards.
The house is within 200 feet of the intersection of Burnett and 20t" Street thereby
causing the potential for increased traffic and on street parking close to the
intersection. Therefore, it can be concluded that the use does not meet
Residential Standard (i) for a Special Use Permit.
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: According to the owner the drop off times and pick up times follow
a morning and late afternoon traffic pattern. The drop off times are typically from
8:15am-9:15am in the morning and pickup times are 4:30pm to 5:15pm in the
afternoon. There are approximately 7 to 8 vehicles that visit the site for pickup and
drop off for no more than 10 minutes at a time. The parking occurs in the driveway
and on the street. The owner claims 3 parking spaces one of which occurs on
Burnett Avenue. The zoning ordinance requires all required parking spaces to be
provided on site. The parking standards applied to this use require 2 on-site
parking spaces.
Conclusions: The owner claims 3 parking spaces are provided for pickup and drop
off times. This involves parking in the driveway and on the street during these
times. Staff believes the potential for parking on the street during peak times
creates safety hazards. Any parking on the street is not permitted as Special Use
Permits must demonstrate that the parking be contained on site in order to avoid
safety risks of additional traffic on abutting streets and reducing open public
parking on abutting streets.
Therefore, it can be concluded that the use does not meet the Residential
Standard (ii) for a Special Use Permit.
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 operations related to the daycare center will not include truck
traffic by vehicles that exceed 26,000 g.v.w. excluding waste collection vehicles,
food delivery trucks and moving vans.
Conclusions: Therefore, it can be concluded that the use meets Residential
Standard (iii) for a Special Use Permit.
(iv) Not have noticeably different and disruptive hours of operation.
Findings of Fact: The applicant states the hours of operation are between 8:00am
and 5:15pm Monday through Friday. Staff has found no further evidence that hours
of operation or service times will otherwise change.
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Conclusions: These hours coincide with typical morning and evening peak use for
commuting in and out of neighborhoods. Staff believes that the hours of operation
are typical of a standard business during a weekday and should not be considered
disruptive. Therefore, it can be concluded that the use meets Residential
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: Use of the site has been for residential purposes. There is a loss
of residential land to the community, since the property has otherwise historically
been used for residential purposes and is zoned as such. The owner states that
childcare is an extreme need to the community and as such justifies the loss of a
single residential property.
Conclusions: Staff understands that there is a need for childcare within the
community as well as single-family residential homes. The applicant has not
provided specific data on the need of childcare facilities in the community and as
such its hard for staff to make a determination with limited information. Therefore,
it can be concluded that the use meets Residential 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 site was constructed to be a single-family home. The
appearance, height, scale and placement maintain that appearance.
Conclusions: Therefore, it can be concluded that the use meets Residential
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 house does not have any special landscaping and does not
have additional setback after review of the conditions on site. The house was
constructed as a single-family home originally. No changes are proposed to the
physical site.
Conclusions: While greater setbacks or additional landscaping are not proposed
the house was constructed a single-family home and complied with the standards
for single-family home construction. Given that no changes are proposed the
appearance of the home will remain the same as expected in a single-family
residential area. Therefore, it can be concluded that the use meets Residential
Standard (vii) for a Special Use Permit.
(viii) Be consistent with all other applicable standards in the zone.
Findings of Fact: The site meets all other applicable standards in the zone.
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Conclusions: Therefore, it can be concluded that the use meets Residential
Standard (viii) for a Special Use Permit with conditions.
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Attachment A- Location Map
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