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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 8-09-2006MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA AUGUST 9, 2006 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m., on August 9, 2006, in the Council Chambers of City Hall with the following members present: Mary Ann Lundy, Lucy Martin, Bradley Miller and Charles Samuels. Denise Link was excused. Staff members Bob Kindred, Judy Parks, and Dominic Roberge were also present. APPROVAL OF THE MINUTES: Moved by Samuels, seconded by Martin, to approve the minutes of the July 12, 2006, Zoning Board of Adjustment Meeting. Vote on Motion: 4-0. Motion carried unanimously. CASE NO. 06-21 SPECIAL USE PERMIT – 1015 NORTH HYLAND AVENUE – UNITARIAN UNIVERSALIST FELLOWSHIP OF AMES, PROPERTY OWNER; DARLA HOLLIDAY, PRAIRIE FLOWER CHILDREN’S CENTER, APPLICANT Public Hearing on application for a Special Use Permit to allow the operation of a childcare facility at 1015 North Hyland Avenue Planner Roberge stated that the Prairie Flower Children’s Center was requesting permission to offer a preschool and aftercare program at the Unitarian Universalist Fellowship (UUF). He stated that the Center had formerly been located in this building, but had moved to a different location in 2001. Now the current location may become unavailable and the Prairie Flower Children’s Center would like to move back. Roberge stated that the Fellowship is located in an RL (residential low density) zone, so a Special Use Permit is required. He stated that staff had determined that the general standards for approval of the permit were met: the use would be in accordance with the general principles of the Land Use Policy Plan and harmonious with the character of the neighborhood; the facility is well-served by public infrastructure and services, so there would be no additional cost to the public; noise from the children at play would be the only change affecting the neighbors; and the center would provide a needed service in the area. Staff also determined that Residential Zone Standards for approval were met. The Prairie Flower Children’s Center would not require any alteration to the building or acquisition of land, and would not generate excessive additional traffic on Hyland. Neither would it generate truck traffic or deliveries or change the existing travel patterns. Roberge stated that the proposed hours of operation are from 9:15 a.m. to 12:15 p.m. for the preschool, and from 12:15 p.m. to 6:00 p.m. for aftercare, so they expect no problems in the parking lot. He added that the Prairie Flower Children’s Center provided the City with evidence of certification as a daycare from the State of Iowa. 2 Roberge stated that a letter had been received from a neighbor, Dudley Luckett, who expressed concerns about having the daycare in this location. He felt that a dangerous situation could be created by the disruption of traffic flow on Hyland by parents delivering and picking up children, and he worried that parents might park in his driveway while dropping off or picking up children. Because his driveway bisects two pieces of property owned by the UUF, he also fears that children might try to cross the driveway while moving from the play area to the parking lot, and delivery persons or guests at his house might encounter a child unexpectedly. Mr. Luckett also stated that an overgrown hedge near Hyland Avenue restricts visibility enough to create a hazard. Roberge showed some pictures of the property that he had taken on a recent visit, which illustrated these issues. He explained that the UUF building is situated on a lot south of Mr. Luckett’s property, while one of the parking lots is located to the north. There is evidence of a path between the rear of the UUF and the parking lot, and the wires of a fence that was installed sometime in the past are now cut, providing access through the vegetation to the driveway. Roberge advised the Board that the Planning and Zoning Commission recommended approval of the Special Use Permit, but stipulated that the applicant provide some sort of barrier between the playground and driveway to ensure the safety of the children. Board member Miller asked whether visibility laws pertained to private driveways, and if there were regulations regarding the fencing of playgrounds for daycares. Attorney Parks said that references to the visibility sight triangle in the Municipal Code pertain only to street intersections. She speculated that the Department of Human Services (DHS) might have some playground fence requirements, but said the City of Ames does not. Darla Holliday, 1117 Clark Avenue, a teacher at Prairie Flower Children’s Center, stated that they would work with the property owners about erecting a barrier and also about trimming the bushes at the end of the driveway in order to take care of the issues raised by Mr. Luckett. She said that children would enter the building by walking along the north side and using a back door near the play area. She said that DHS had seen the proposed location and she did not believe there was a fencing requirement, but was uncertain because the DHS official had spoken with Delphine Douglas, the head teacher, who is currently out of the country. Susan Jasper, 314 North Russell, stated that she is a member of the Unitarian Universalist Fellowship, and was present on behalf of Mary Richards, president of the UUF. Ms. Jasper’s children also formerly attended the Prairie Flower Children’s Center. She said the Fellowship is willing to do something about the fence. It is not likely that little children would get up in that area, but since the wire has been cut, they will make sure the situation is corrected. She said the Center would also collaborate with the UUF Grounds Committee to work on the landscaping. She said children do not walk very far along Hyland and, while they do cross the driveway, they are only three or four years old and are accompanied by a parent. She said the pre-school policy was to sign children in and out, so having them unattended near the street or driveway would not be an issue. 3 Dudley Luckett, 1023 N. Hyland, stated that he has had a long-standing concern about people crossing his driveway en route between the parking lot and the Fellowship building. It is much easier and shorter to cross his property than to go out to the street, and he feels it is only prudent to limit every possible accident. He admitted that the likelihood of having an incident is low, but said if anything were to happen, it could be catastrophic. He does not want to be in any way responsible for the death or injury of a child. Mr. Luckett pointed out that the area looks overgrown in the photos; however, in the other three seasons of the year, when leaves have fallen, it is relatively open and all sorts of people (meter readers, paper carriers, children) cut across his driveway. He asked that the children be confined in the play area in order to eliminate the problem. He requested that the Board stipulate this be done before the children are allowed to play there. Mr. Luckett also asked that the hedge at the east edge of the property be cut back so that visibility from the driveway would be improved. He said he has trained himself to stop and look, but he fears that people unfamiliar with the hazard may cross the sidewalk without looking. He feels it should be the Unitarian’s responsibility to make these corrections and they should trim the bushes. Aside from these safety concerns, Mr. Luckett said that he is not opposed to having children on the site or near his home. Board Member Samuels asked if anyone had expressed opposition to cutting back the bushes. Mr. Luckett said they had not and that he cuts the vines himself, but the larger shrubs require a chain saw. Roberge said that members of the UUF did express willingness to work with Mr. Luckett to find a solution to the hedge problem. Mr. Luckett said that he is also willing to cooperate, but does not intend to compromise his position on the need to ensure safety. Ms. Jasper returned to the podium and added that the Prairie Flower Children’s Center is a not-for-profit operation, as is the Unitarian Universalist Fellowship, and keeping child care affordable is one of the reasons they are interested in this location. The natural beauty and flowers is another. Ms. Jasper said she wondered if there could be a sign along the sidewalk to indicate the driveway crossing, and suggested that a note could also be sent to parents in their informational packets with a warning to be aware of the driveway. She also pointed out that children would not be going up and down the street all day long. Ms. Jasper admitted that the fence on the south side of Mr. Luckett’s driveway had deteriorated over the years, but suggested that snow fencing might be adequate and thought they could probably get some up before preschool starts. Mr. Luckett said that the snow fence that is there now was put up at his insistence, as part of an easement agreement for electrical conduit that the Fellowship installed beneath his driveway. He added that signs tend to be ignored after a month and these children are probably too young to read them, anyway. Board Member Miller asked if parking in his driveway was a problem. Mr. Luckett said that it has not been a large problem, but has happened on occasion – more frequently when the parking lot was first put in. He is concerned that with everyday usage, however, it could become a bigger 4 problem. Mr. Luckett said his preference would be to have the daycare families use the south parking lot, rather than the north one, so no one would have to cross his driveway. Benette Sherman, 2108 Friley Road, stated that she works at the Unitarian Universalist Fellowship. She said the children play in the back, but they are told not to go beyond the mulch because of the poison ivy there. She said she had walked back near the fence that afternoon and found that there were four strands of wire along most of the fence, except near the path. She felt that the existing posts could be used and strung with additional wires spaced closely together. She suggested that the path might be a deer path. She said she would be surprised that any members would use that as an entrance; that door is always locked and using the path would not make access to the building any easier. Moved by Miller, seconded by Samuels, to ADOPT ORDER 06-21 granting a Special Use Permit to allow the operation of a preschool and aftercare program at 1015 North Hyland Avenue with the following stipulations: 1. that the applicant provide and maintain some kind of safety fence (e.g. snow fence) north of the playground to effectively prevent crossing of the private driveway; and; 2. that the applicant improve visibility in the area around the entrance to the private driveway by trimming and maintaining the shrubbery to the satisfaction of the property owner at 1023 North Hyland. Roll Call Vote: 4-0. Motion carried unanimously. COMMENTS: Bob Kindred noted that the schedule of interviews for candidates for the position of Planning Director had been sent out and he invited the Board members to attend the public sessions. Board Member Martin thanked Planner Roberge for providing the photos; they proved very helpful to the Board in understanding tonight’s issues. ADJOURNMENT: The meeting was adjourned at 8:10 p.m. Karen C. Thompson, Recording Secretary Mary Ann Lundy, Chair The next meeting of the Zoning Board of Adjustment will be a Regular Meeting at 7:00 p.m. on Wednesday, August 23, 2006, in the Council Chambers of the Ames City Hall at 515 Clark Avenue.