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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 7-13-2016MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA JULY 13, 2016 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 6:00 p.m. on July 13, 2016, in the Council Chambers of City Hall with the following members present: Kyle Perkins, Matthew Koehler, Susan Bradbury and Amelia Schoeneman. Board Members Bradbury and Ebel were absent. Staff members Ray Anderson and Mark Lambert were also present. APPROVAL OF MINUTES: Moved by Perkins, seconded by Schoeneman, to approve the minutes of the meeting of June 22, 2016. Vote on Motion: 3-0. Motion declared carried unanimously. CASE NO. 16-06 SPECIAL USE PERMIT – Prairie Flower Children’s Center, 2807 Duff Avenue Public Hearing on an amendment to the Special Use Permit for Prairie Flower Children’s Center to allow changes in the operation of the children’s center for the property located at 2807 Duff Avenue* City Planner Ray Anderson explained that the Board approved a Special Use Permit (SUP) in August of 2011 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 several conditions. Conditions being that the applicant submit proof of certification with the State of Iowa as a registered day care provider, that the use be sponsored by, under the oversight of and consistent with the overall purposes and mission of Camp Fire USA, and finally, signage for the preschool is limited to signage which is identified and 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 the granting of the Preschool License by the State of Iowa and the granting of the Special Use Permit by the Board, the Ames Waldorf Association has operated the Prairie Flower Children’s Center at 2807 Duff Avenue during the school year beginning in 2011. At this time, the applicant is requesting that an amendment to the SUP be granted to allow the inclusion of 20 children attending the preschool 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, and a range of three to seven years of age for children attending the preschool. 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. Staffing at the facility consists of two adults, a lead, and an assistant teacher. The applicant stated that with twenty children, the plan would be to operate with no less than two adults, with strict adherence to the Department of Human Services (DHS) requirements for child supervision. Mr. Anderson noted that the preschool takes places Monday through Friday, during the school 2 year. However, there are also scheduled events, gatherings, and activities for families of the children that occur on the weekends and in the evenings at least once a month and more frequently than once a month between the first of August and the end of May. Mr. Anderson informed the Board that the preschool is considering future expansion of the preschool program following the 2016/17 school year to include a preschool program for twenty children in the morning and another twenty children in the afternoon. However, this proposal is not part of the SUP before the Board tonight and would require a separate amendment to the SUP. The site plan, project description, applicable law, and findings of fact and conclusions were reviewed in detail by Mr. Anderson. He explained that City staff has reviewed the request and recommends that the Board approve the request for a SUP. Carver Nebbe, 2807 Duff Avenue, was sworn in and testified under oath. Mr. Nebbe volunteers at Prairie Flower Children’s Center (PFCC). He noted that they last applied for their current SUP in August of 2011. He said that they do not have specific plans for changing the hours of operation in the morning; however, they are looking at options to make the daycare more accessible to parents as the current hours make it difficult to pick up and drop off their children. Mr. Nebbe clarified that PFCC is asking for a potential of expansion to fit the needs of the center as they continue to grow and change in the future; they want to be able to have options that fit their growth. He noted that although they are asking to expand from 17 to 20 students, they may not expand immediately; typically, they enroll fewer students than they are allotted. He stated that they would also add more staff if they do move to the full 20 student capacity; regardless, he promised they would stay within DHS guidelines. Mr. Nebbe said that he feels that Camp Canwita offers a truly unique location with great natural resources that allows children to get a lot of environmental terrain experience. He made note of the letter provided by the director of Campfire, placed around the dais, which discussed his enthusiastic support for PFCC. He said they like to get families involved and build a community and they do this with special events once, or even twice, a month during the school year. Mr. Nebbe concluded that PFCC does not have a specific plan for an expansion in the afternoons or for more programming, at this time. They are requesting the increase in the age range primarily because they’ve had a few requests from parents of older children who have asked if their children could participate. Including the extended age range in their request gives the lead teacher the opportunity to allow such participation if it is appropriate. Ms. Schoneman inquired if the preschool program would potentially start at 8 a.m. Mr. Nebbe concurred that that is a possibility. Ms. Schoneman questioned that if daycare starts at 8 a.m., would condition d, outlined in staff’s recommendation, allow for the daycare to start at 8 a.m. Mr. Anderson replied that staff is not opposed to that. Staff is only trying to tie down that it would be one group of students for the preschool in the morning and the same group of students attending the daycare in the afternoon. 3 John Hill, 2800 Duff Avenue, was sworn in and testified under oath. Mr. Hill wants to address factors mostly surrounding the difficulty in understanding the previous and present applications. He feels there are some areas that need more clarification and specificity for the group, as well as the neighborhood. Mr. Hill said that the application states that PFCC has complied by all the conditions outlined by the City of Ames; he believes that’s untrue. He feels this way because of the many extra hours that the facility is utilized for events that they have occurring once, or multiple times, a month. Mr. Hill is also concerned how the facility is being advertised; is it a day care, after care, or preschool. Residential zone standards say that the facility will not have disruptive hours of operation but he feels that an increase from three hours to nine hours is noticeably different. Mr. Hill stated that with the applicant asking for a 20% increase in the number of children, he is concerned how the sessions will be run and feels that there’s a lot that is unclear. He suggests the applicant submit a new application that clearly states their objectives and intentions. Mr. Hill concluded that safety is also a serious concern and that an increase in the number of children and staff increases the amount of traffic and potential for accidents. He urged the Board to look at the visibility of the entrance and exit of the property. He questioned who is paying for the utilities of the facility. Finally, Mr. Hill said that he is all for kids and raising kids but believes it needs to be done in a smart, safe matter. Mr. Nebbe responded that most of Mr. Hill’s concerns were already addressed in the current application. He noted that events typically start at 5 p.m. or 5:30 p.m. so that people can get home at reasonable hours. Although their annual fundraiser, known as the family dance party, lasts between 6 p.m. and 9 p.m., they obtained a noise permit for this event. Mr. Nebbe concurred that there’s no doubt that they are located at a busy intersection; however, he doesn’t feel it is any more dangerous than the 24th Street and Duff Avenue intersection. Mr. Nebbe stated that Campfire maintains the property, as well as the utilities, and feels the parking lot is in fair condition. He said that the increase in traffic will not be significant with only six extra trips; two trips per three extra students. Mr. Nebbe is not aware of any complaints that have been received from the neighbors. In conclusion, Mr. Nebbe believes they try very hard to be good neighbors and emphasized that the extracurricular events are not required by the students to attend. Ms. Schoneman questioned when more permits would need to be obtained for special events. Mr. Anderson noted that special event permits are obtained through the City Clerk’s office so they could always check with the Clerk’s office to see whether or not a permit is necessary. Ms. Schoneman inquired if they should add more restrictions discussing additional permits onto condition e. Mr. Koehler feels that the conditions in place by staff are already more restrictive than he would have been for this permit. Mr. Perkins feels the law already has requirements in place that dictate how the facility can be run so he does not feel anything additional is necessary. He asked if the applicant has any idea when the 8 a.m. to 5 p.m. schedule might go into effect. Mr. Perkins noted he doesn’t feel that that’s necessarily pertinent for the Board to know in order to make a decision and follow the 4 standards. Ms. Schoneman said she assumed that once the permit is approved it can go into effect immediately whenever they are ready to do so. Mr. Nebbe said they would like the permit to become active at the beginning of the school year; it would go into effect depending on when the lead teacher has the curriculum ready to move forward. Melba Olson, 2810 Duff Avenue, was sworn in and testified under oath. Ms. Olson informed the Board that she lives right across from PFCC. She also explained that she works out of her home and has observed the last 5 years of activities at PFCC since the first SUP was issued in 2011. Ms. Olson informed the Board of her concerns and reservations regarding the expansion of the SUP because she does not feel they have complied with the original permit. Ms. Olson does not feel the applicant follows the appropriate days or hours issued in the permit, that the traffic flow on Duff has been impacted and is very busy with little visibility at the entrance and exit of the parking lot, and that the care of the grounds and parking lot is minimal. She concluded that she feels that PFCC is causing a disruption to the neighborhood, as well as a change in the daily traffic flow. Ms. Olson said that she and her husband have a great fondness for children and families but they do not feel PFCC should be granted an expansion on their SUP because of the lack of compliance with the original permit. Mr. Koehler explained that they are allowed 20 kids maximum, all day, even if they expand their care into the afternoon. He said that their motion would likely include conditions that address the issues she brought up. Ms. Olson asked the Board whether or not they feel the definition the applicant is demonstrating is accurate and wondered what would happen if they decide they want to make a change within the year. Mr. Koehler noted that the applicant is eligible for the Special Use Permit. He said PFCC is like a camp or a park, people are allowed to be there Ms. Olson expressed her concern, once again, for the special events; she’s concerned when they will occur and at what time of day they will take place. Mr. Koehler responded that he feels their motion will likely address the issues that she has concerns about. Mr. Nebbe noted that they did have an issue getting the mowing done a couple years ago but that was resolved and they haven’t had issues since then. He informed the Board that their snow day policy is consistent with the Ames School District policy; they also hire out snow removal services. Finally, he said that they do advise overflow parking to go to Inis Grove and park there rather than on the streets. Ms. Schoneman questioned if the lot would be required to be paved if it was expanded in order to meet the terms of the nonconforming surface. Mr. Anderson said if they were to re-do the entire lot, it would need to be paved; however, if they expanded the lot, only the expanded part would need to be paved. He noted that the land is owned by the City of Ames but the structure itself is not owned by the City. Moved by Koehler, seconded by Perkins, to approve an amendment to the Special Use Permit for Prairie Flower Children’s Center to allow changes in the operation of the children’s center for 5 the property located at 2807 Duff Avenue with 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 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 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 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 Roll Call Vote: 3-0. Motion declared carried unanimously. CASE NO. 16-08 SPECIAL USE PERMIT – Assault Care Center Extending Shelter & Support (ACCESS), 803-805 Dickinson Avenue Public Hearing on a Special Use Permit to allow a social service provider on the property located at 803-805 Dickinson Avenue* City Planner Ray Anderson explained that the Assault Care Center Extending Shelter & Support (ACCESS) service provider is proposing 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 the Municipal Code as those who are primarily engaged in providing on-site counseling, meals or shelter beds for free or at significantly below market rates. The code specifies that uses that provide food on-site as an accessory use are not included as a social service provider if the service is provided fewer than three days a week. Mr. Anderson informed the Board that the average length of stay for social service providers must be sixty days or less for inhabitants. The shelter use is proposed as a maximum of three unrelated adults or “heads of households” if a 6 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 approximately ten 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. Mr. Anderson informed the Board that the property includes 12,236 square feet and is occupied by a split foyer duplex with two attached 2-car garages. Each of the two dwelling units includes an upper level and a lower level with 900 square feet on each level for a total of 1,800 square feet of gross floor area in each unit. As a rental property, it is restricted to a maximum occupancy of one family or three unrelated adults, as defined with the City’s Zoning Ordinance. There are four off-street parking spaces for each dwelling unit; one garage and dwelling unit is accessed from Dickinson Avenue and the other from Twain Street. Mr. Anderson noted that 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. The site plan, project description, applicable law, and findings of fact and conclusions were reviewed in detail by Mr. Anderson. He explained that City staff has reviewed the request and recommends that the Board approve the request for a Special Use Permit. Angie Schreck, director of ACCESS, was sworn in and testified under oath. Ms. Schreck noted that ACCESS has had a shelter in Ames since 1981 and that they will remain in the campustown area until the end of July. She explained to the Board that their goal is to blend in to the neighborhood and keep a low profile. Ms. Schreck said they work to abide with the wishes of the neighbors to keep everyone happy and victims safe. Mr. Koehler noted that ACCESS is a business and inquired if people would be allowed to smoke outside the residence. Ms. Schreck said that no smoking would be allowed at all indoors and those smoking outside would have to maintain a reasonable distance from the entryways. Moved by Perkins, seconded by Schoneman, to approve ORDER NO. 16-08, thereby approving a Special Use Permit to allow use of the property at 803-805 Dickinson Avenue by 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. Roll Call Vote: 3-0. Motion declared carried unanimously. COMMENTS: There were no comments by the Board. ADJOURNMENT: Moved by Perkins, seconded by Koehler, to adjourn the meeting at 7:35 p.m. _____________________________ _________________________________ Erin Cain, Recording Secretary Matthew Koehler, Vice Chair