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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 8-10-2011MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA AUGUST 10, 2011 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m. on August 10, 2011, in the Council Chambers of City Hall with the following members present: Bruce Calhoun, Elizabeth Erbes, Sandra McJimsey, Gary Taylor, and Thomas Weber. Staff members Steve Osguthorpe and Judy Parks were also present. APPROVAL OF MINUTES: Moved by McJimsey, seconded by Erbes, to approve the minutes of the meeting of July 27, 2011, as written. Vote on Motion: 5-0. Motion carried unanimously. CASE NO. 11-19 - SPECIAL USE PERMIT - 2807 DUFF AVENUE Public Hearing on application for a Special Use Permit to allow a preschool on the property located at 2807 Duff Avenue Planning and Housing Director Steve Osguthorpe explained that Special Use Permits are issued for uses that are potentially allowed in certain areas, as long as any identified impacts can be mitigated. This application is to allow the operation of Prairie Flower Children’s Center in an area currently being used by Camp Canwita. The Camp Canwita property was donated to the City in 1949, along with the Inis Grove Park tract to the south. A deed restriction on the north parcel required the City to allow the pro perty to be used by an organization called Camp Fire Girls for Camp Fire purposes only. Since that time, Camp Fire Girls has redefined itself and is now called Camp Fire USA. Mr. Osguthorpe noted that Assistant City Attorney Judy Parks provided a legal opinion which indicated that the proposed use for a preschool is consistent with the mission of Camp Fire USA, as Camp Fire USA does offer child care services throughout Iowa and the United States. Although being operated or “subbed out” through another provider, under the oversight of Camp Fire USA, this use would be consistent with the deed restriction. The preschool would operate during weekdays of the school year between the hours of 9:00 a.m. and 12:15 p.m. for a maximum of 17 children between the ages of 3 and 5. Mr. Osguthorpe reviewed a list of criteria from the staff report that the ZBA must consider when reviewing a Special Use Permit. He noted that the City relies on the State’s daycare registration process to ensure that the preschool is a safe environment for the children. The City’s main focus is whether or not the use has any negative impacts on the surrounding neighborhood. Mr. Osguthorpe said that City staff reviewed the proposal based on the criteria and did not see any additional impacts from this use other than what the children in Camp Fire USA programs already impose on the area. The area is already used for children, who arrive at different times depending on what program is going on, and the expected traffic would be no different than various camp operations at the site. The proposed hours of operation are not at times when people may be going to or coming from work. The site is large with plenty of area for play well off of the street, and vegetation creates a buffer from surrounding areas. Staff did not identify anything that needed to be mitigated other than the approval being conditioned on three stipulations: 1. That the applicant submit to the City Clerk’s Office proof of certification with the State of Iowa as a registered day care (preschool) provider, prior to beginning operations at 2807 Duff Avenue. 2. That the use continues to be sponsored by, under the oversight of, and consistent with the overall purposes and mission of Camp Fire USA. 3. Signage for the preschool is limited to that signage which otherwise identifies and is 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. Mr. Osguthorpe explained that because the preschool would be operating on the property which is for use by Camp Fire USA, the signage should only be what is allowed in the deed for Camp Canwita. This is not a separate commercial operation apart from Camp Canwita. After the report was written, Mr. Osguthorpe learned that noted that the State gives a 120-day grace period after receipt of an application for a daycare/preschool facility. He recommended changing the wording of the first stipulation to require the applicant provide proof of final approval of the operation by the State. Board Member McJimsey inquired about the relationship between Camp Fire USA and Prairie Flower Children’s Center. She said that perhaps both organizations should obtain permits, particularly because Camp Fire USA owns the property and daycares are part of its operations. Assistant City Attorney Parks explained that Prairie Flower Children’s Center had obtained a permit for its previous location at a church. Even though another entity owned the premises, the operator was the one who made the application. Camp Fire USA is the lessor of the land rather than the direct operator. Ms. McJimsey asked if the State limits the number of children who can attend. Ms. Parks said that it does; it is based on parameters such as square footage available at the facility. Board Member Erbes asked about infrastructure upgrades and the gravel drive and parking area. It was noted that Camp Fire USA maintains the infrastructure, including the drive. Mr. Osguthorpe added that parking areas are required to be paved, but existing nonconformities may remain as long as they are not enlarged or expanded. Board Member Taylor asked if there were specific restrictions or guidelines in the deed regarding signs. Mr. Osguthorpe said that there isn’t anything in the deed restriction itself, and any signage would need to comply with zoning and sign codes. It was noted that there have been banners displayed at the site for the daycare; if those were found to be in excess of what the Code allows, they would have to be removed. Mr. Taylor clarified that the signage condition means that the site will be treated as a single entity for purposes of the sign code. Darla Holliday, 1117 Clark Avenue, Ames, Iowa, stated that she is the applicant and a teacher at the preschool. Chair Calhoun asked about the day-to-day operations of the preschool, and Ms. Holliday introduced the lead teacher to address the question. Delphine Douglass, 2871 Torrey Pines Road, Ames, Iowa, stated that she is the Program Director of Prairie Flower Children’s Center. She said that Prairie Flower is a Waldorf preschool. Part of the Center’s mission is to get children out in nature so that they can learn to care for it. Ms. Douglass described a typical day at the preschool, which includes poetry reading, preparing organic snacks, story time, and indoor and outdoor playtime. She said that the new site is desirable because of the setting in the woods. The preschool was located at the Unitarian Universalist Fellowship, but the congregation has grown considerably and is reconfiguring its spaces. Ms. Douglass said that the partnership with Camp Fire USA makes sense because both organizations share a deep commitment to bringing children into nature and providing activities that bring more substance to children’s lives. Board Member Taylor asked about overlap of usage by the two organizations. Ms. Douglass said that there would not be preschool during the summer months when Camp Fire USA uses the site heavily. Camp Fire USA offers some programs during winter and spring breaks, holidays, and public school conference days; Prairie Flower would not have preschool during those times. It will have the same breaks as the public school system, and overlap will not occur. Ms. McJimsey asked about enrollment numbers. Ms. Douglass said that enrollment would likely be no more than 12 the first year, and perhaps 13 or 14 children in a couple of years. She noted that the Department of Human Services came to the site in April to measure the area, and it determined that the space would serve a maximum of 17 children. Upon being questioned by Ms. McJimsey, Ms. Douglass indicated that Prairie Flower Children’s Center is a not-for-profit organization. Director Osguthorpe noted that the record should reflect that a letter had been received from Kurt and Melba Olson of 2810 Duff Avenue expressing multiple concerns about the application. Robert Reid, Executive Director of Camp Fire USA for Central Iowa, 1011 NW 32nd Street, Ankeny, Iowa, said that Camp Canwita has an interesting history and has existed at this site since the 1920s. The purpose behind the donation of the property was to provide a green space to be used by people of Ames; it can never be sold for development. Since it is used mostly in the summer, the site sits idle for much of the year, and Mr. Reid said that he does not want the camp to fall victim to vandalism due to the lack of use. He explained that Prairie Flower Children’s Center approached Camp Fire about using the site, and it was a long process of deciding if it was a good fit and whether the missions and core values of the two entities matched. Mr. Reid said that he does not see an issue with space requirements, as Camp Fire will sometimes have 65 young people on the property. The property has been used since the ‘20’s for camping type programs, but day camps are the most common now. Chair Calhoun asked if improvements would be made to the site due to the increased use. Mr. Reid indicated that they plan to do some landscaping, cut back brush in the parking lot, and bring in larger gravel to stabilize the drive. He indicated that the horseshoe drive has been a problem because people park there after hours, and some have even brought trash to the camp’s dumpster. A lock has since been put on the dumpster. Ms. McJimsey asked if Camp Fire USA has a non-discrimination clause. Mr. Reid indicated that it does; additionally, because of low staff ratios, children with mild autism are also able to be part of the Camp Fire programs. Mr. Reid stated that signage has been discussed between the two organizations. He noted that a neighbor had expressed concern about the temporary signage currently on the site, and he said that it would be removed, as it is not the organization’s desire to offend the neighbors. He indicated that there would be some identification of the preschool so that new members know where to go. Myrna Whigham, 2813 Duff Avenue, Ames, Iowa, stated that she and her husband have concerns about the application. There are ambiguities in the request, and she is not certain what approval is actually being sought. The operation is referred to as a “preschool”, “aftercare program” and “daycare” in the staff report. She is concerned about the loose language and thinks that it needs to be tightened up. She noted that the association with the Waldorf group was not mentioned in the proposal for the Special Use Permit. Ms. Whigham said that Waldorf has apparently formed a partnership with Camp Fire USA; she is curious about what the partnership consists of and whether or not the City has seen the partnership document. She wonders what will happen if other groups approach Camp Fire USA and want to use the site. Ms. Whigham is also concerned that the recruitment process for the preschool has started before approval has gone through. She said that there are signs up already for the preschool center, and the new location sign is hanging by one end. Chair Calhoun noted that Mr. Reid had already committed to addressing that problem. He said that the Board relies on the City Attorney’s analysis that the relationships are in order; if Ms. Whigham thinks that certain restrictions should be considered to mitigate her concerns, the Board is happy to listen. Ms. Whigham said that her primary concern is safety. The site includes frontage on the Skunk River, and the street traffic on Duff Avenue is very heavy. Speeding is also a concern in this area. Ms. Whigham indicated that the children are not kept off of private property, and she and her husband have put up steel posts and rope to keep children from entering their property. Paths have still been worn on their side of the barrier. She indicated that things are thrown on their driveway daily, including pinecones most recently. She is concerned that preschool children will be less able to understand borders of where property lines are. Another safety concern is a recurring problem of raccoons living under the building, a problem that Ms. Whigham indicated has been acknowledged by Camp Fire USA. She believes that fencing is an absolute necessity, and it should be aesthetically appropriate. She indicated that there is a bright orange school bus parked on site, and she does not know if it will be there year-round. Noise is also an issue during overnight camping and tent camping. She asked if the new permit would include permission for tent camping and overnight camping year-round or if it would still be confined to summer. Property values are also a concern. Ms. Whigham said that she and the other neighbors are concerned about communication and courtesy. They have been very tolerant of the noise and overnight tent camping, but tolerance is much easier when she knows that it will only last three months. There have been times when adults are staying overnight or perhaps temporarily living in the building. Ms. Whigham emphasized that communication to neighbors would be helpful. She added that many neighbors were on vacation when the notification letter came, and another neighbor had asked her to relay that he was also worried about the loose language. Mr. Calhoun said that the Board is discussing the application of the preschool, the hours of which are specified as weekdays between the hours of 9:00 a.m. and 12:15 p.m. Director Osguthorpe said that there are different terms used in the report; however, it is clear that there are specified ages and times and days of operation. James Werbel, 2871 Torrey Pines, Road, Ames, Iowa, asked about the process if the preschool chooses to extend its hours in the future. Ms. Parks indicated that a new application would have to be made and it would come back to the Board for approval. Melissa Niesen, 4907 Hemingway Drive, Ames, Iowa, stated that she is in support of the application because she believes that the organizational missions overlap, the schedules match up well, and the site fits for Prairie Flower Children’s Center because of its history of closeness with nature. She thinks that the neighbors will be pleased by the care of the property. She also believes that vandalism is less likely if the site is used year-round. Ms. Niesen indicated that she was on a task force for the fellowship that previously housed the Center, and she assisted in writing the lease agreements. She said that the relationship with Prairie Flower was very good, and the staff and children were always considerate. Melissa Murray, 2016 Friley Road, Ames, Iowa, state that she has 3 children, all of whom attended Prairie Flower Children’s Center. She said that they take excellent care of property and nature and always leave a place better than they found it. The teachers are vigilant with the children, and the children are very well mannered; they are asked to respect other people. She said that 3- to 5-year-old kids do not do overnight camping, so she would not be concerned about that. Mr. Reid clarified that none of the proceedings regarding Prairie Flower Children’s Center would restrict the usage of Camp Fire USA on its own property. He said that it is important to note that the camp was at this location when it was out in the middle of a field far away from Ames; the community has grown around it. From that perspective, he finds it ironic that a neighbor would be upset that a youth camp exists right next to his or her property. Mr. Reid said that Camp Canwita does its best to be as good of a neighbor as possible, but the reality is that kids make noise. He acknowledged that there has been a raccoon problem, largely because the property is unused for long periods of time, but also because the property is in a greenway and animals exist there. He reiterated that as long as Camp Fire USA is following City ordinances, it has the right to use the camp in appropriate ways. Ms. McJimsey referenced a complaint in the letter about an overflowing dumpster on the property. Mr. Reid said that this was the first time that the issue has come to his attention. He saw the photo in the letter, and he is not happy with it. He is not sure why it was overflowing, but he will address it with his staff. It was noted that the preschool will create little to no trash and should not have an affect on the amount of trash in the dumpster. Director Osguthorpe said that he appreciated the testimony regarding the use of different terms in the staff report. He asked the Board to strike the terms “aftercare”, “daycare”, or any other term used in the report and replace them with the word “preschool”. Mr. Calhoun asked if the application had been reviewed by any other boards or departments with respect to intensity of use and traffic. He is most concerned about a new participant coming to the site and being unsure where to turn on Duff Avenue, particularly because speeding is a problem in the area. Mr. Osguthorpe explained that a Development Review Committee within the City reviews applications, and any concerns, including traffic impacts, are discussed. He said that it is extremely rare when a project is of a magnitude that raises the concern enough to do an additional traffic study. He said that the traffic capacity of the subject area is far greater than what is currently in use Moved by Taylor, seconded by McJimsey, to adopt ORDER NO. 11-19, thereby approving the request for a Special Use Permit to allow Prairie Flower Children’s Center preschool to locate at 2807 Duff Avenue, in a manner described in the application, which includes hours of operation of Monday through Friday, 9:00 a.m. to 12:15 p.m. during the school year, subject to the following stipulations: 1. That the applicant submit to the City Clerk’s Office proof of appropriate certification with the State of Iowa as a registered preschool provider, in a timeline consistent with State requirements 2. That the use continues to be sponsored by, under the oversight of, and consistent with the overall purposes and mission of Camp Fire USA. 3. Signage for the preschool is limited to that signage which otherwise identifies and is allowable to Camp Canwita, which means that the preschool and the Camp Canwita will be treated as a single entity for purposes of the sign code per adopted City sign regulations. Chair Calhoun said that this is not an expansion of space use. He is a little concerned about the added intensity of the use, and he hopes that the applicant will provide information to the parents so they have an understanding of where they’re going to deliver the children and how to circulate once they get there. Based on the testimony, he thinks that the site is underutilized and that this use would provide much better utilization. The testimony is that Prairie Flower Children’s Center pays attention to and cares for its surroundings, so he believes that they can look forward to a better-maintained site. He thinks that it will be a positive influence on the neighborhood. Board Member Erbes agreed; she was thankful for the testimony and also believes that this will benefit the site. Moved by Taylor, seconded by McJimsey, to amend the motion to include a condition that the preschool shall be for 17 children or a number approved by the State of Iowa, whichever is less. Assistant City Attorney Parks said that the State could change its parameters and limit the site to 15 children, in which case 15 would be the maximum allowed. However, if the building was to be expanded and the State would allow 20 children, 17 would still be the maximum. Vote on Motion as amended: 5-0. Motion declared approved unanimously. The meeting recessed at 8:32 p.m. and reconvened at 8:38 p.m. CASE NO. 11-10 - SPECIAL HOME OCCUPATION PERMIT - 327 HARTFORD DRIVE Continuance of a Public Hearing on application for a Special Home Occupation Permit to allow a medical office equipment home business on the property located at 327 Hartford Drive Chair Calhoun explained that the Board heard this case at its June 8 meeting, and the vote on the approval was split 2-2. Mr. Taylor, who was absent at the previous hearing, stated that he had an opportunity to view a DVD of the meeting and has heard all testimony and reviewed all materials associated with the case. Assistant City Attorney Parks advised that it would be appropriate for Mr. Taylor to ask any questions that he may have, and then any new evidence or testimony not already given at the last meeting may be presented. Mr. Taylor referenced Code Section 29.1304(3)(e), which states that the activity shall not generate significantly greater traffic volumes, and not more than 10 vehicular visits per day should be allowed. He asked if the 10 visits refers to the commercial traffic generated by the home occupation or if normal residential traffic is also counted. Mr. Osguthorpe said that the 10 vehicle visits would refer to the commercial activity generated by the home occupation. Mr. Taylor asked the applicant how many regular sized FedEx vehicles come to the home in one day. Joel Folkerts, 2601 Yorkshire Street, Ames, Iowa, said that in a worst case scenario, assuming that the company would need something delivered to the site, it would be one ground truck and one air truck in the morning, followed by pickups by ground and air trucks in the afternoon for a total of four visits. Mr. Taylor asked how many straight truck visits the business has. Mr. Folkerts said that they see one about every week and a half to two weeks. He indicated that it has picked up in frequency since the last meeting, not because of an increase in business, but because of a change in the way the manufacturers ship to the business. He does not anticipate the number of straight truck trips increasing any higher. Mr. Taylor noted that there was a lot of discussion at the previous meeting about delivery by a semi. Mr. Folkerts acknowledged that there has been one delivery by a semi, but they have recognized that is a nuisance and they are prohibiting any company from bringing a semi into the neighborhood. Moved by Taylor, seconded by Weber, to adopt ORDER NO. 11-14, thereby approving the request for a Special Home Occupation Permit to allow a medical office equipment home business known as ERI, with the operation as described in the applicant’s permit application, and one non-family member employee at 327 Hartford Drive, subject to the following conditions: 4. One non-family member, Joel Folkerts, is allowed as an employee of the business to be employed at the site 5. Leave two off-site parking spaces open at all times, allowing for brief, occasional use by delivery vehicles 6. Hours of operation limited to 7:30 am. to 5:30 p.m., Monday through Friday, with no delivery vehicle visits to the house allowed outside those hours of operation 7. Delivery vehicle visits to the site are limited to the following: a. No more than 20 deliveries per week b. No more than one straight truck vehicle visit per week c. No semi truck deliveries allowed 8. This home occupation permit will expire in one year, and the applicant will be required to apply for a new permit to continue operations after one year. For the month prior to filing the new application, the applicant shall maintain a log of the number of delivery vehicle trips to the house, the type of truck and the time of visit, and submit that log to Planning and Housing as part of the record for the new permit application. The applicant must also at that time submit a drawing with measurements and photos documenting the total floor area of the residence used for the application. Board Member Erbes referenced the traffic study that was submitted by the applicant at the previous meeting. She said that the study should have compared the business’ truck traffic to other home occupations in other neighborhoods rather than normal residential traffic in the neighborhood. Mr. Taylor explained the rationale behind his motion. In his mind, this business does not generate “significantly greater” traffic volumes, which is the language in the Code. The Board has approved other home occupations in the past such as professional offices, beauty shops, and day cares. Mr. Taylor surmised that those generate more trips than this business; it’s just the difference between trucks and cars. He has suggested the ceilings on delivery vehicle trips so that it can be a measurement when the applicant comes back in a year. He wants to see businesses succeed, but succeed to the point where they need to seek commercial space. Mr. Taylor thinks that this business is at the edge of needing commercial space. Vote on Motion: 3-2. Voting Aye: Taylor, Calhoun, Weber. Voting Nay: Erbes, McJimsey. Motion declared approved. COMMENTS: There were no comments by the Board. ADJOURNMENT: The meeting adjourned at 8:58 p.m. ______________________________ _____________________________ Emily Burton, Recording Secretary Bruce Calhoun, Chair