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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 2-13-20131 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA FEBRUARY 13, 2013 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 7:23 p.m. on February 13, 2013, in the Council Chambers of City Hall with the following members present: Shelby Ebel, Elizabeth Erbes, Sandra McJimsey, and Gary Taylor. Board Member Patrick Brooks was absent. Staff members Jeff Benson, Bob Kindred, and Judy Parks were also present. APPROVAL OF MINUTES: Moved by McJimsey, seconded by Taylor, to approve the minutes of the meeting of January 9, 2013, as written. Vote on Motion: 4-0. Motion declared carried unanimously. CASE NO. 12-29 SPECIAL USE PERMIT - AMES COMMUNITY SCHOOL DISTRICT, 820 MILLER AVENUE Continuance of Public Hearing on application for Special Use Permit for a site plan for a new elementary school at 820 Miller Avenue Chair Elizabeth Erbes announced that she was recusing herself from the case due to a conflict of interest. Ms. Erbes left the meeting at 7:26 p.m. City Planner Jeff Benson noted that, at the January 9 hearing, City staff received input from the applicant and the Board regarding this application. Staff has taken those comments and has provided additional findings and done further analysis of the findings that were made previously. These findings were reported to the Board as an Addendum to the January 9 staff report. Mr. Benson reviewed the General Standards in detail from the report. General Standard (v) states that the use must “not create excessive additional requirements at public cost for public facilities or services.” Mr. Benson noted that the issue identified at the previous meeting relating to this standard had to do with the paving of Miller Avenue and impacts the school will have on that pavement. There will be two changes in the types of vehicles that would be using the street; one is related to the construction period. There will be several months of heavy construction vehicles using the street frequently. After the school opens, four or five school buses will use it twice each day. City staff has reviewed the weight of the buses and frequency of use and has concluded that this traffic will not create a significant impact on the condition or useful life of the pavement. However, it is expected that the construction activities may have a topical/surface impact on the pavement. City staff will measure the impact by doing an analysis of the pavement now, and examine it once the work is complete. The School District would have to return Miller Avenue to its pre-construction condition before the school opens. With regard to General Standard (vi), Mr. Benson noted that there is potential for conflict between pedestrian movement on the crosswalk across Miller on the south side of Keats and the buses using the north drop-off drive. This was an issue that was identified at the previous meeting. Mr. Benson stated that there may be a need for adult oversight at the crosswalk and the two driveways on the school site. He said that the Ames Community School District has a strong commitment to safety. 2 Mr. Benson noted that Residential Zone Standard (i) states that the use must “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.” He noted that schools exist in five similar residential neighborhoods in Ames, and travel patterns related to schools are part of the normal and customary travel patterns in these residential areas. City staff looked up a traffic study that was done in 1996 when the subject area was platted, and a school was planned at that time. The traffic analysis determined that the school would generate approximately 2% of the total traffic in the fully developed neighborhood. Staff had recommended at the previous meeting that the School complete a traffic study. That is still a recommendation, but the study should be focused to better fit the criteria. The study would be used to determine if the proposed use will result in additional traffic that will change the street classification or lower the level of service below “C” at area intersections. According to Mr. Benson, the City’s Traffic Engineer believes that it is very unlikely that there would be a significant change as a result of the school traffic. With regard to costs associated with the results of the traffic study, Mr. Benson indicated that state law restricts school boards from spending money on capital expenditures. If determined necessary, the School District should pay all non-capital costs for traffic signs and traffic calming measures. According to Mr. Benson, another issue related to traffic is the CyRide turnaround at the intersection of Mortensen Road and Miller Avenue, one block south of the subject property. School District, City, and CyRide staff looked at four different options to help reduce the risk of accidents, and it was determined that moving the turnaround is the best option for safety and cost. Mr. Benson indicated that the cost to move the turnaround would be around $50,000 to $75,000, and the City could special assess the School District to pay for the cost. Mr. Benson noted that there was discussion at the previous meeting regarding a Safe Routes to School Plan. Staff clarified in the Addendum that the Plan will be developed between the School District and City staff, and no physical improvements will be required as a result of the Plan. Noting that the cost estimate for a new CyRide turnaround was between $50,000 and $75,000, Vice Chair Taylor asked why a specific dollar limitation was not given in the proposed conditions of the permit approval. He asked if it would be of benefit to set an upper limit on the amount that could be assessed to the District. Mr. Benson said that there is a certain procedure set in place for special assessments; an upper limit is set by the City Council based on an engineer’s estimate. Assistant City Attorney Judy Parks concurred; the special assessment process is spelled out clearly in the Municipal Code and is beyond the Zoning Board’s purview. Mr. Taylor inquired about the area that would be included in the proposed traffic study. Mr. Benson stated that the City’s Traffic Engineer has worked with the applicant’s engineer to determine the geographic area of the study, which includes South Dakota Avenue, Mortensen Road, Miller Avenue, Clemens Boulevard, and Wilder Avenue and the intersections of those streets. Board Member Ebel stated that she has concerns about why it is the School District’s responsibility to pay for a new turnaround for the CyRide buses. She posed several suggestions for rerouting the buses. She would like to see something more long-term rather than a temporary solution. Assistant City Manager Bob Kindred noted that in order for the application to be approved, it must meet the standard that it will not create excessive additional requirements at public cost for public facilities or services; $50,000 to $75,000 is a significant cost. Were it not for construction of this school, the current CyRide turnaround would be able to continue functioning safely. 3 Dr. Tim Taylor, Superintendent, Ames Community School District, was sworn in and testified under oath. He thanked City staff for the time and effort they have put into this project, and said that both parties have a much better understanding of things since the previous meeting. Dr. Taylor said that the biggest issue is probably the turnaround; many options were reviewed and discussed before determining that it should be moved. The School District recognizes the City’s special assessment process in this situation. Dr. Taylor emphasized the importance of safety in the School District. He reiterated that there will be adult supervision in the morning and evening to monitor bus and parent traffic and help kids come and go safely. Upon being questioned by Ms. Ebel about signage in the drop-off area, Dr. Taylor said that there will be an informational meeting before school starts to get parents acquainted with how things will flow. Ms. Ebel expressed concern that there is no signage indicating which lane is for dropping off and which is a through lane until the point where cars will be stopping. Dr. Taylor noted that there will be adults outside helping. Furthermore, after the first two or three weeks of school, parents become very familiar with the process and it becomes quite smooth. Moved by McJimsey, seconded by Ebel, to adopt ORDER NO. 12-29, thereby approving the Special Use Permit for an elementary school in a residential zone at 820 Miller Avenue in accordance with the Site Plan (prepared by RDG Planning and Design and dated December 21, 2012) with the adoption of the findings of fact and conclusions stated in the staff report and Addendum to the staff report, subject to the following conditions: a.A new turnaround for CyRide buses will be constructed separated from the Miller Avenue intersection, the cost for which the City of Ames will special assess the Ames Community School District. b.To ensure greater safety when school is in use, the Ames Community School District will request that the Ames City Council change the on-street parking regulations on Miller Avenue, which may include prohibiting parking on Miller Avenue when the school is in use. c.The public sidewalk on the east side of Miller Avenue will be widened to six feet from the north property line of the subject property to the intersection with Clemens Street, at the sole expense of the Ames Community School District. d.The Ames Community School District will provide a traffic impact study to determine if the proposed use will result in additional traffic that will change the street classification or lower the level of service below “C” at area intersections. If the study determines that the proposed use will result in additional traffic that will change the street classification or lower the level of service below “C” at area intersections, the study will provide options and recommendations to mitigate impacts of increased traffic. City staff will verify that the data in the report support the recommendations. The Ames Community School District will pay all costs (within the restrictions on funding sources in the Code of Iowa), such as for traffic signs and traffic calming measures, within the area west of South Dakota Avenue and south of College Creek. The study will be completed by May 1, 2013. e.The Ames Community School District will participate with City staff in a Safe Route to Schools Plan to identify operations, management and public information activities to help establish safer and more efficient pedestrian and bicycle access to and from the school site that also minimize impacts on the use and enjoyment of private properties in the neighborhood. This Plan will be completed by April 30, 2014. The Ames Community School District and City of Ames commits to working together before and after the school opens to carry out the Plan. f.The Ames Community School District will return the Miller Avenue pavement to its pre- construction condition before the school opens. 4 g.When the school expands, the Ames Community School District will install the additional off-street parking indicated on the approved plan. h.Ames Community Schools will provide a minimum of three adults to monitor pedestrian and vehicular traffic crossing the street, entering and leaving the site, and picking up and dropping off of students at various locations on site and Miller Avenue, including the crosswalk at Keats, as appropriate to maintain safety. Vote on Motion: 3-0. Motion declared carried unanimously. COMMENTS: There were no comments by the Board. ADJOURNMENT: The meeting adjourned at 8:24 p.m. _____________________________________________________________________ Emily Burton, Recording Secretary Gary Taylor, Vice Chair