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HomeMy WebLinkAbout1415_Summit_Avenue Staff Repor 07-13-22 ITEM #: 2 DATE: 07-13-22 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 through conversion of a single-family home located at 1415 Summit Avenue within the Residential Low-Density (RL) Zoning District. BACKGROUND: The owner of property at 1415 Summit 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 their current daycare operation needing to find a new location after previously being located at Camp Canwita on Duff Avenue since 2011 . The proposed use is a daycare center by definition based upon the overall size and that no one lives at the site. The property has Residential-Low Density (RL) zoning and contains a 1,991 square foot house, including the basement. The home sits on an 6,487 square foot lot. (Attachment A). The house is currently vacant. The house is a bungalow style of one and half story homes. Prairie Flower Daycare plans to make interior improvements to the home to comply with state and local codes as well as construct an ADA compatible access ramp in the front yard. To meet minimum parking requirement, the proposal includes demolish a detached garage to create two new parking spaces to the rear of the property. The driveway and parking will also be paved to provide compliant parking. Prairie Flower Daycare intends to construct a fence enclosing the rear yard of the property. If the Board chooses to approve the request, staff has recommended conditions for any approval with deadlines for required improvements to be in place by November 1, 2022. Proposed Use The applicant describes the daycare operations as being Monday through Friday from 7:30am to 5:30pm. Occasional small meetings and parent gatherings may occur on evenings and weekends. The daycare has two employees who will be on site at the same time. The daycare serves up to a maximum of 20 children at a given time. The proposed number of employees matches staff's understanding of state licensing requirements for the proposed use. The proposed use will be licensed by the state of Iowa as a licensed Daycare Center. The programs offered by Prairie Flower Daycare include a preschool program which range in ages from 3-5 years old and an after-school program with children ranging in ages from 5-18 years old. The programs will be operated consistent with state requirements, but the total number of students on site at one time for the programs will not exceed 20. The primary area to be used for programming includes the entire main floor of the house which covers 866 square feet. There is also an unfinished basement and converted attic (Attachment C). The applicant will seek building permits upon approval of the Special Use Permit to convert the residential space to an occupancy to support a daycare facility. The proposed use includes providing two require parking spaces in the rear yard. The zoning ordinance does not allow for tandem parking to meet required parking requirements of a nonresidential use. Applying a school standard to the use, two required spaces are required. The driveway leading to the parking may be used for a drop off location, however the applicant identifies in their application materials that pickup and drop-off of children during the day will include use of on-street parking spaces along the west side of Summit adjacent to the site. (Attachment B). The owner describes 3 transition periods between groups of children throughout the day that are staggered during pickup and drop off times into 3 segments. The applicant describes that there will be 10 minute periods during these times with 4-5 vehicles each time parked for a maximum of 5 minutes each. A chart has been provided on page 7 of the application describing this staggered schedule. 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. The applicant contends that the use is compatible with the area and meets all findings, despite the planned use of Summit Avenue for drop off and pick up. APPLICABLE LAW: The Special Use Permit findings outline the criteria for determining the compatibility of the use with its surroundings and for conformity to zoning standards 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. Staff has determined that the primary concerns related to the proposed daycare are related to the level of traffic with its proposed capacity. The proposed use can be seen to exceed the available on-site parking and loading areas thereby relying upon street parking along Summit Avenue. Heavy use of on-street parking during peak demand could cause congestion and a potential safety hazard as well as reducing available public parking for nearby residents and presents a detriment to the surrounding area. Section 29.406 contains the City's parking standards based upon 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 fora 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 rear yard which can be seen to satisfy the minimum 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 Summit Avenue in the neighborhood. Staff's conclusions are outlined in the findings within the Addendum, but staff was unable to make all required findings for approval of the request. 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.) (c) 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 AND RESPONSE: With the application, the project proponent submitted an adjoining property owner statement of support signed by four neighboring property owners to this site. They also submitted one letter of support from a neighbor of their former site. Notification of the public hearing 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. Staff has received no comment from the public since the notification. ALTERNATIVES: 1. The Zoning Board of Adjustment can deny this request for a Special Use Permit to allow a daycare center at 1415 Summit Avenue by finding that the project does not meet the criteria of Section 29.1503(4) and is inconsistent with zoning standards for operating in harmony with the neighborhood. 2. The Zoning Board of Adjustment can approve this request for a Special Use Permit to allow a daycare center for up to 20 children and use as described within the application for 1415 Summit Avenue by finding that the project meets all the standards of a Special Use Permit in Section 29.1503(4) based upon evidence within the record and with the following conditions: A. Two compliant paved parking stalls and associated paved driveway be constructed no later November 1, 2022. B. Applicant seeks and obtains building permits for the conversion of the building to a daycare, including providing for an ADA access ramp, prior to occupancy of the building for a daycare center. 3. The Zoning Board of Adjustment can modify conditions for approval described with Alternative #2. 4. The Zoning Board of Adjustment may refer this request back to the applicant or to City staff for additional information. PLANNING AND HOUSING DEPARTMENT RECOMMENDED ACTION: Special Use Permits are required to be able to demonstrate that the proposed use is harmonious with its surroundings and can still meet the design requirements of the Zoning Ordinance. In this case this requires a minimum of two parking 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 can cause an increase in traffic that are not harmonious with the surrounding neighborhood as a low density residential neighborhood due the accumulation of traffic during pickup and drop-off times 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 deny the request in accordance with Alternative #1. 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 RN-2 Residential in the Ames Plan 2040 Comprehensive Plan. The RN-2 designation anticipates fully built neighborhoods from the mid-late 20t" century with majority single-family homes and scattered two-family structures. The structure proposed for the daycare center is a pre-existing single-family home with a single- family home appearance. Prairie Flower Daycare plans to add an access ramp in the front yard for ADA purposes and construct a fence around the rear yard. Two new parking spaces are also planned immediately behind the house to comply with parking standards for a daycare center. 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 daycare center, which is not a home based business, may also be approved through a special use permit. Due to the size of the daycare 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 zoning and the policies or allowing for ancillary use compatible with the surroundings described for the RN-2 designation of the Comprehensive Plan. It can be concluded that the use meets the General Standard (i) for a Special Use Permit. 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 will have a morning and afternoon program and is proposed to occur without the operator living in the home and the home otherwise being unoccupied. The daily operations of the daycare involve up to 20 children at a time depending on the time of year between the hours of 7:30am and 5:30pm. The owner states that small gatherings of parents may occur occasionally on evenings or weekends. 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 Summit Avenue and in the driveway. A fence enclosing the main backyard area is proposed to provide opaque buffering between neighboring properties. The building interior will be modified to meet building code for use as a daycare. The exterior of the structure will be modified by demolishing an existing detached garage at the rear of the site and the construction of an ADA accessible ramp at the front of the home. None of the changes would make the use of the property as a residential dwelling infeasible in the future. Conclusions: The appearance of the site is that of a residential house which can be expected in a residential area. Given that the appearance of the house will not change and the hours of operation will be predominately during the daytime hours the daycare activities during the day in the home are not seen conflicting with the harmoniousness of the surrounding area. The specific issues for traffic are addressed by additional criteria below. It can be concluded that the use 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 operator of the daycare proposes no chemical uses or other hazards materials in order to operate the business. Although the site will rely upon street parking for pick up and drop off, the general use of the street is not a traffic hazard based upon the City's Traffic Engineer's opinion about site visibility related to accessing the site. 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 Summit 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. 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 and at times on Summit Avenue. Summit Avenue is classified as a local street by the City. In this area Summit is a secondary route for access to Ames High School when people try to bypass Ridgewood. Primarily traffic for the school travels on Ridgewood, one block to the east. Summit curves to the south and intersects with Crescent Street. Crescent directly connects to 13t" Street. Crescent also connects to Ridgewood. Conclusions: Traffic at peak drop-off and pickup times may exceed what is typical of a residential neighborhood. A normal special home occupation daycare would be limited to approximately 5 vehicle trips for drop off and 5 for pick up, a total of ten trips in a day. The applicant's proposal would have approximately 4-5 vehicles per drop off time and pick up time. Total trips in a day based upon these estimates could be 60 trips. Traffic may accumulate during these times and park on the side of Summit 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 congestion on Summit and eliminates public parking during these times for other residents. Additionally, small parent gatherings may occur on evenings or weekends occasionally. Staff has no additional details on these gatherings. No other elements such as smoke, fumes, glare, odors or 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. Daycare 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 a limitation on where students originate from for the daycare . 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 7:30am to 5:30pm according to the operator. During these times traffic will be heavier than usual. Based upon the applicant's proposal, staff projected a total of 60 trips related to parent drop off and pick up for the two programs combined. Parking is shown to occur in the driveway and will likely occur on Summit Avenue for the drop off and pick up times. The proposed daycare does not have adequate on-site loading area based upon the number of children attending each day. Currently the parking is provided in the driveway or upon Summit Avenue. Dropoff and pickup times for the morning and afternoon programs are staggered into three drop-off and pickup blocks for each of the three transition times of day. These blocks of time are approximately 10 minutes in length with 4-5 cars being present per block of time. The applicant states that each vehicle will be parked for a maximum of 5 minutes. (See the applicants drop-off and pickup Chart referenced at the bottom of page 7 of the application.) 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. The blocks of time identified by the applicant for each of the three transitionary periods during the day indicate that during a given 20 minutes period as many as 12-15 vehicles could be present at the site. Additionally, the presence of additional on street parking and congestion reduces available public parking and creates potential safety hazards. 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 an early morning and a mid-afternoon as well as late afternoon traffic pattern. The pickup and drop off times are staggered into early morning, late morning, mid- afternoon and late afternoon periods according to the applicants chart on page 7 of the application. The applicant indicates that in a given 10 minute period approximately 4-5 vehicles will be on site for no more than 5 minutes at a time. The applicant notes that staff arrival and changeout times will also be staggered. The owner will provide 2 parking required spaces in the rear of the site based on zoning standards with a single space for pickup and drop-off in the driveway and additional area on Summit Avenue. Occasionally small meetings or parent gatherings may occur on evenings and weekends. Summit is uniquely affected by the travel patterns of the Ames High School that is located nearby. School hours were recently modified by the School District for start times of the standard school day at 8:30 a.m. and dismiss at 3:35 p.m. These times can modified by the School Board at anytime. Conclusions: The owners description of the site indicates that a single driveway space and area along Summit Avenue are provided for pickup and drop off times. This could involve at least 3-4 vehicles parking on Summit in a 10 minutes period. The potential for occasional small gatherings for parents during evening and weekend hours may cause brief periods of additional unexpected traffic or congestion. Staff believes the potential for parking on the street during peak times creates congestion on the street that is undesirable for many residential neighborhoods. 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 7:30am and 5:30pm Monday through Friday. Staff has found no further evidence that hours of operation or service times will otherwise change. 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. Furthermore the house is not being modified to the extent that it cannot be a dwelling in the future. 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 to the size of the house are proposed to the physical site. Conclusions: While greater setbacks or additional landscaping are not proposed the house was constructed as a single-family home and complied with the standards for single-family home construction. Improvements to the site are similar to those that any single-family dwelling may have and the general 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. Conclusions: Therefore, it can be concluded that the use meets Residential Standard (viii) for a Special Use Permit with conditions. Attachment A- Location Map 1415 Stumuit Avenue Location V ID .01 74 'a,. Z �-e 1415 Summit Avenue Location Attachment B- Site Plan sidewalk Property line 122 2' \ --- ------ —————————— �co \fence ^' \ ORparking 30' 23' 19, G fence fence_ EXISTING \\ N 4 / \ P p rty line Property line 39 24 \ Afencern \ fence Property line Attachment C- Floor Plan Floorplan: 1415 Summit Avenue,Ames Iowa 50010 Source: Beacon Schneider 24.6 1-1/2 s Fr B �n 3$ (735 1 s Fr 14 3 C �1 1} 14.5 VVD 4x6 24sf The ground floor has an eat-in kitchen,two bedrooms, a main/living room,and a full bath. Prairie Flower programming will take place on this level. Not shown in this floorplan are an unfinished basement with egress window and full bath, and a converted attic.