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HomeMy WebLinkAbout~Master - Speical Use Permit for Daycare Center in the RL Zoning District at 2009 Burnett AvenueCITY OF AMES, IOWA ZONING BOARD OF ADJUSTMENT SEP 9 2021 I CITY CL[RKI IN THE MATTER OF THE APPLICATION OF JESSICA LAWSON- CASE NO.21-09 CLIPPER OF EXPLORE'N MORE, FOR A SPECIAL USE PERMIT, SECTION PARCEL ID: 05-35-155-080 29.1503 OF THE AMES MUNICIPAL CODE, FOR A DAYCARE CENTER IN DECISION & ORDER THE RL ZONING DISTRICT AT 2009 BURNETT AVENUE FACTS Planner Justin Moore presented the application for a Special Use Permit to the Board. The owner of the 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 property is located in a 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. A Special Home Occupation Permit was issued for the site in 2004 to the now -deceased 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 current daycare operator no longer lives at the home and has significantly increased the number of children enrolled in the daycare. Planner Moore informed the Board that staff was not in support of the application due to concerns over parking and increased traffic in the residential neighborhood. As detailed in the staff report, Staff found that General Standards (ii) and (vi) and Residential Zone standards (i) and (ii) under Ames Municipal Code section 29.1503(4) were not met. Applicant Jessica Lawson -Clipper, executor the Estate of Denise Lawson and owner/operator of Explore `N More, provided testimony to the Board. The applicant described the daycare operations as being Monday through Friday from 8:00 a.m. to 5:15 p.m. The daycare has two employees which include herself and her husband. Up until May 2021, the daycare was licensed as a level B provider and had fewer children enrolled. In May 2021, the daycare obtained a C2 home Iicense from the state which allows up to 16 children. Currently, 16 children from 12 families are enrolled in the daycare. Typically, no more than 14 children are cared for at the facility each day. Drop-off generally occurs between 8:15 a.m. and 9:30 a.m. at the house. Pick-up generally occurs either at Meeker Elementary School or at the house. Ms. Lawson -Clipper informed the Board that she was willing to set up a schedule for drop- off and pick-up to alleviate concerns about parking. During the public comment portion of the hearing, the Board received comments in support of the daycare center from parents of several children who attend daycare at Explore `N More as well as residents of the neighborhood. Several commenters testified that the structure remains a single- family house and in character with the surrounding homes in the area. No member of the public provided testimony against the application either at the hearing or in writing to the Board. FINDINGS & DECISION The Board considered the facts as detailed above and provided in the staff report, and all testimony given at the hearing. The Board adopted the findings in the staff report for General Standards (i), (iii), (iv), (v) and (vii) and Residential Standards (iii), (iv), (v), (vi), (vii), and (viii). After amending the staff s findings for General Standards (ii) & (vi) and Residential Zone standards (i) & (ii), the Board found that all the relevant standards in Section 29.1503(4) were met and established by the Applicant. For General Standard (ii), the Board made the following findings based on testimony: (1) the structure on the property looks like a house, (2) the lack of a resident has not changed the character of the use of the property and (3) the use as a daycare directly supports the area's residential character. For General Standard (vi), the Board made the following findings: (1) given the area has a school, the traffic for the daycare is not excessive, (2) based on testimony, it appears that the peak for drop-off occurs around 8:00 a.m. and noon, but pick-up does not occur at the same time, and (3) it did not sound as though parents dropped -off at the same time and the provider was willing to offer a staggered schedule. For Residential Standard (i), the Board found that (1) the predominant traffic pattern in the area was set by Meeker Elementary School, (2) the daycare would not come close to the levels of traffic provided by the elementary school, and (3) there was no testimony indicating traffic being backed up at the intersection. For Residential Standard (ii), the Board found that (1) given pick-up and drop-off times for the daycare correspond with to -and -from work patterns in the area along with the elementary school's pick-up and drop-off times and (2) that there was no evidence of any deliveries, the traffic for the daycare meets the regular travel pattern for the area. The Board also found that the daycare met the requirement for two on -site parking spaces and did not find there to be any concerns regarding parking. ORDER WHEREFORE, IT IS ORDERED that the Applicant is GRANTED, pursuant to Section 29.1503 of the Ames Municipal Code, a Special Use Permit for a daycare center in the RL Zoning District at 2009 Burnett Ave. 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 28th day of July 2021. Pl,b� L. Amy o well Secre to the Board nmon. '. � Amelia Schoeneman Chair