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HomeMy WebLinkAbout2019-11-21 Info Packet Ci ty Council I nformati on P acket November 21, 2019 IP1.Council Tentative Meeting S chedule Miscellaneous IP2.Memo from A ssistant City E ngineer & City E ngineer: 2019 C apital I mprovement P roject - Status Update IP3.Mediacom L etter x2: Removal of C hannels IP4.Civil Service Examination: A nimal C enter Assistant I I IP5.Civil Service Examination: Maintenance Worker I - Streets Draft Minutes IP6.B oard of A djustment: November 13 IP7.Community Police Review B oard: November 12 IP8.P ublic Art A dvisory C ommittee: November 7 November 21, 2019 City of Iowa City Page 1 Item Number: 1. November 21, 2019 Council Ten tative Meetin g S ch ed u l e AT TAC HM E NT S: D escription C ouncil Tentative Meeting Schedule City Council Tentative Meeting Schedule Subject to change November 21, 2019 Date Time Meeting Location Tuesday, December 3, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, December 17, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Thursday, January 2, 2020 8:00 AM Special Formal (Organizational Meeting) Emma J. Harvat Hall Saturday, January 4, 2020 7:30 AM Breakfast on a Budget Reception Emma J. Harvat Hall 8:00 AM Budget Work Session Tuesday, January 7, 2020 3:00 PM Budget Work Session (CIP)Emma J. Harvat Hall 7:00 PM Formal Meeting Monday, January 13, 2020 4:00 PM Reception City of North Liberty 4:30 PM Joint Entities Meeting TBD Tuesday, January 21, 2020 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, February 4, 2020 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, February 11, 2020 7:00 PM Joint Meeting with UISG 125 N. Madison Street Black Box Theater-Room #360 Tuesday, February 18, 2020 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, March 3, 2020 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, March 24, 2020 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, April 7, 2020 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, April 21, 2020 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Item Number: 2. November 21, 2019 Memo from Assistant City Engin eer & City Engin eer: 2019 Capital Improvemen t Proj ect - Statu s Up d ate AT TAC HM E NT S: D escription Memo from E ngineering: 2019 Capital I mprovement Project - S tatus Update Item Number: 3. November 21, 2019 Mediacom Letter x2: Removal of Ch annel s AT TAC HM E NT S: D escription Mediacom L etter x2: R emoval of Channels Item Number: 4. November 21, 2019 Civil Service E xamination: An imal Center Assistan t II AT TAC HM E NT S: D escription C ivil S ervice E xamination: Animal Center A ssistant I I Item Number: 5. November 21, 2019 Civil Service E xamination: Main ten an ce Worker I - S treets AT TAC HM E NT S: D escription C ivil S ervice E xamination: Maintenance Worker I - Streets Item Number: 6. November 21, 2019 Board of Ad j u stment: November 13 AT TAC HM E NT S: D escription Board of Adjustment: November 13 MINUTES PRELIMINARY BOARD OF ADJUSTMENT NOVEMBER 13, 2019 — 5:15 PM EMMA J. HARVAT HAZELL, CITY HALL MEMBERS PRESENT: Gene Chrischilles, Ernie Cox, Zephan Hazels, Amy Pretorius MEMBERS ABSENT: Connie Goeb STAFF PRESENT: Susan Dulek, Jessica Life OTHERS PRESENT: Jesus Loda, Ken Valley CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Pretorius outlining the role and purpose of the Board and the procedures that would be followed the meeting. CONSIDER THE OCTOBER 9 2019 MINUTES: Chrischilles moved to approve the minutes of October 9, 2019. Cox seconded the motion. A vote was taken and the motion carried 4-0. Preforius noted there is a request to amend the agenda to hear the second item first because there is a Board member that needs to recuse himself from that item. Hazell moved to address EXC19-11 before EXC19-10, Cox seconded the motion. A vote was taken and the motion carried 4-0. SPECIAL EXCEPTION ITEM EXC19-11: An application submitted by Arts Iowa City for a special exception to allow for a specialized education center for classroom/workshop space for a community arts center in an Intensive Commercial (CI -1) zone located at 1423 Waterfront Dr. Life began the staff report an aerial view of the area, it is located south of Highway 6. The subject property is mostly surrounded by Community Commercial zoning. For some background Arts Iowa City is a nonprofit organization that's been operating since 1975. They promote and teach visual arts and craftsmanship around Iowa City. The subject property was built in 1996 as a warehouse, and it's about approximately 43,000 square feet. It was remodeled in the early Board of Adjustment November 13, 2019 Page 2of13 2000s to be a chocolate factory, which was bought out in 2012 and has been vacant since the factory moved. The applicant is proposing to remodel the property and make it into a community art center, which has a gallery, performance and studio space and classrooms and workshop space. All of those uses are allowed except for the specialized education in the intensive commercial zone which is the classroom space. The role of the Board of Adjustment is to approve, approve with conditions or deny the application based on the facts presented. In order to approve the special exception the Board must find that it meets all the approval criteria. Lile noted for the specific standards: that the use will be functionally compatible with surrounding uses such that the health and safety of clients and students are not compromised, the Board will consider factors such as the type of businesses that predominate in the immediate vicinity, whether there are any significant negative externalities created by these usage such as excessive noise, dust or vibrations from outdoor work areas that may pose a health or safety risk for clients and students of the proposed use, and where such negative externalities exist whether the building and site can be designed to mitigate these harmful effects. Lile stated the proposed classroom space will be located indoors and not impacted by other businesses in the area, which include grocery stores, a gas station, and retail and restaurant uses. The area businesses do not produce significant externalities such as excessive noise, dust or outdoor work. Next the general standards: that these specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The proposed disciplines to be taught are jewelry making, woodworking, ceramics and sculpture and the instructor teaching these would be determining the age restrictions for these classes based on age, experience and performance of the student. Students would be taught safety procedures and tested before being allowed to access the shops or equipment. One of the things that they would be taught was the tool safety checkout certification and the usage class. The applicant would add additional ventilation systems such as hood extractors, dust collectors and etc. based on the specific requirements for each discipline, and the applicant has been in contact with building inspection services to inquire about additional requirements. There would be specific youth and children classes based on age, ability and level with appropriate materials and tool training. The applicant proposes to use eco -friendly materials and procedures in order to lessen the environmental and personal health impacts. Second, that the specific proposed exception will not be injurious to the use and enjoyment of other properties in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. Again, all activities would it take place inside the building and on the property. The subject property is currently vacant so the applicant proposes building improvements, and filled storefronts typically increase property values in a neighborhood. That the establishment of the specific proposed exception will not impede the normal and orderly development and improve of the surrounding property for uses permitted in the district in which the property is located. Again, the applicant is proposing to reuse and redevelop an existing building and the classroom space inside would not impede the surrounding development or improvement of properties. Board of Adjustment November 13, 2019 Page 3 of 13 That adequate utilities access roads, drainage and unnecessary facilities have been or are being provided. The area is fully developed with access to all utilities and facilities That adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. Lile showed a photo noting the existing parking lot has two access points on the Waterfront Drive, one north of the building and one south. Additionally this area of Waterfront Drive is not heavily trafficked, therefore there is not a lot of traffic concerns in this area. That except for the specific regulations and standards applicable to the exception being considered the specific proposed exception and all other respects conforms to the applicable regulations or standards in the zone of which it is located. Lile stated the subject property conforms to all other standards and regulations for the CI -1 zone. That the proposed exception will be consistent with the Comprehensive Plan of the City. The City's Comprehensive Plan contains many goals that support arts and culture development including recognizing the economic development potential of arts and culture programming, seeking the participation of diverse populations when developing cultural programs and providing opportunities for arts and all neighborhoods and exploring the creation of a community arts center and supporting nonprofits that are involved in arts programming. Staff recommends the approval of EXC19-11, an application submitted by Arts Iowa City for a special exception to allow for a specialized education center for classroom/workshop space for a community arts center in an Intensive Commercial (CIA) zone located at 1423 Waterfront Dr Pretorius opened the public hearing. Jesus Loria (Neumann Monson) stated they are trying to raise awareness of this project and it here tonight to answer any questions the Board may have about the project. He also wanted to do a quick presentation. Loria stated everyone knows Iowa City has like a diverse group of artists. Organizations in the City are trying to find spaces to have a center in the community. Neumann Monson is helping Arts Iowa City with this project. They are holding events and trying to promote this project in the community. They have been talking with the City, they have been trying to bring people from different sectors. They are trying to take advantage in this place, the zone where is because with all the development that is happening in this area it is a great opportunity for Iowa City to have a better connection in the south side to the rest of the City. Taking advantage of the transportation, roads, the bicycle trails. They feel there is a decisive effort about arts in Iowa City and there is room and a need for that. There is an importance of art and they are thinking the way in the City is growing there are opportunities in this location. They also think it is vital that they offer the type of services like the educational services in this in this component. There will be other types of programming activities in the building as well, but education is probably a core of, of the project. They have done a study on the potentials and opportunities at this site and also some programmatic interviews and exercises with people in the community. It is a two-story building, they are proposing to have the main floor be the educational components and the second floor be the function of a rental studios. The idea is to provide reduced rent prices so artists in the community can afford this. By having this in Iowa City, a lot of the people in in the community won't have to relocate or find another reason to stay and practice the arts in our community. The building is a very simple structure, a box, they are Board of Adjustment November 13, 2019 Page 4 of 13 proposing to make improvements such as providing windows in the studios. But they also want to integrate the community to participate in designing and being part of the aesthetic image of the project. Chrischilles asked what Loria's involvement was with the project. Loria noted he is the Vice President of the board and he is concerned about the cultural life of the City. He has been living in Iowa City for 16 years and as an architect, he feels this a perfect way where he can make a contribution. Hazell asked what was in the space right now because when he drove by earlier a massive semi pulled out from the back. Loria stated it is currently empty space. They are hosting tours for people who are interested in their group. Pretorius closed the public hearing. Chrischilles noted it sounds like a good use of the building. Hazell agreed and noted there's plenty of parking with easy access and overall adding some positive elements to that area and no way detracting from what's already happening. Chrischilles moved to approve EXC19-11, an application submitted by Arts Iowa City for a special exception to allow for a specialized education center for classroom/workshop space for a community arts center in an Intensive Commercial (CI -1) zone located at 1423 Waterfront Dr. Hazell seconded the motion Chrischilles stated that regarding agenda item EXC19-11 he concurs with the findings set forth in the staff report of November 13, 2019, and conclude the general and specific criteria are satisfied so unless amended or opposed by another Board member he recommends that the Board adopt the findings in the staff report as our findings with acceptance of this proposal. Hazell seconded the findings of fact. A vote was taken and the motion carried 4-0. Pretorius stated the motion declared approved, any person who wishes to appeal this decision to a court of record may do so within 30 days after this decision is filed with the City Clerk's Office. SPECIAL EXCEPTION ITEM EXC19-10• An application submitted by Lucas Off Campus for a special exception to allow for a before and after school daycare in the Low -Density Single Family Residential (RS -5) zone located at 3001 Muscatine Ave. Board of Adjustment November 13, 2019 Page 5 of 13 Cox noted he needed to recuse himself as he has a child that attends this program. After consultation with the city attorney, it was decided he would recuse himself to avoid a conflict of interest in this application. Lile began the staff report showing a zoning map and noted it is surrounded by single family residential with two schools across the street on Muscatine Avenue. For some background Lucas Off Campus is an Iowa City nonprofit childcare provider that provides before and after school care for children ages kindergarten through sixth grade. They moved from the Lucas Elementary to the current location at 3001 Muscatine Avenue, which is the location of the River Community Church just recently. They currently have approximately 50 children enrolled in their childcare program and they're applying for a special exception to operate a daycare facility in a residential zone. Lile noted again the role of the Board is to approve, approved with conditions or deny the application based on the facts presented. With regards to the specific standards for daycare uses. For the required indoor activity areas, child daycare centers must contain at least 35 square feet of usable interior floor space per child. When collected in a facility that has this other uses or services the proposed daycare use must have its own separate identifiable space for program activities during operational hours. Lile showed the site plan submitted by the applicant that shows the childcare areas inside. The required square footage for 50 children is 1750 square feet and the site plan submitted and shows two childcare areas, the first primary one is located next to the entrance and it is 1771 square feet, the secondary area is 2124 square feet for a total of just under 4000 square feet inside. They also have access to a gymnasium to the south of the building that has another almost 4000 square feet. For the required outdoor areas and child daycare uses must provide a fenced outdoor play area of not less than 100 square feet per child based on the maximum number of children that will be using the outdoor play area at any given time. The outdoor player must meet the following standards. 1. That playground equipment is not permitted within the front and side setbacks 2. The outdoor play area must be well drained, free from hazards, readily accessible to the daycare center. In residential zones outdoor play areas must be completely enclosed by a fence at least four feet in height. In commercial and industrial zones the outdoor play area must be completely enclosed by a fence built to the S4 standard and screened along the parameter to the S3 standard. The City may waive the screening requirement if it is determined that the land uses surrounding the daycare will not pose a nuisance or safety hazard to the children. Lile noted the applicant has proposed breaking the children into groups by age and having no more than 25 children outside at one time. This will make the required fenced area 2500 square feet. The applicant is also proposed installing a four -foot chain link fence around the play area. Per DHS standards the applicant must provide one supervisor for every 15 children ages five to 10. The applicant would be required to provide at least two supervisors for the anticipated 25 children that will be using this play area at one time. The applicant has shown an outdoor play area on the northwest corner of the site in the submitted site plan. Lile stated this area is not ideal due to the proximity to both Muscatine Avenue and Dover Street. Staff has recommended the applicant explore alternative areas for the required outdoor space, but Board of Adjustment November 13, 2019 Page 6 of 13 the applicant does not own the building in any changes the existing site would have to be approved by the property owner. In order to improve the safety of the proposed outdoor play area staff has proposed the following conditions: 1. That the applicant must provide a striped pedestrian crossing area from the building to the fenced outdoor play area 2. That the fenced area must be located 30 feet from both Muscatine Avenue and Dover Street in order to provide a buffer between the street and play area and to shift the play area away from the intersection. 3. That the fence area must only serve children kindergarten and up. Lile noted there is also a preschool located in this building and staff does not feel that this area be appropriate for them as they have another fenced area already. 4. That the applicant must close the exit onto Muscatine Avenue nearest the play area when it is in use and not allow traffic to enter or exit that location between the building and the fenced play area. Lile stated an additional condition that staff is proposing is that the circulation route shown on the submitted site plan be modified to show that parents exit on to Dover Street instead of driving between the building and the play area. Regarding vehicular circulation, the use must provide a drop off and pick up area and a location that is convenient to or has good pedestrian access to the entrance of the facility. This drop off and pick up area must contain sufficient stacking spaces and parking spaces to ensure that traffic does not stack into adjacent streets or other public right-of-ways. to promote safe vehicular circulation one-way drives are encouraged. Lile noted the site pian shows a parking area outside of the main daycare entrance that's connected to the entrance by a sidewalk and the 27 parking spaces shown is more than the required 22 spaces. The entrance is located away from the public right-of-way so onsite traffic will not impede traffic onto adjacent streets particularly Muscatine. Again, staff is proposing the condition that the circulation plan be modified to show parents exiting onto Dover instead of around on to Muscatine. For pedestrian circulation, a sidewalk must be constructed connecting the main entrance of the center to the adjacent public right-of-way. Pedestrian access must be clearly separated or distinguished from the vehicular circulation areas to minimize the extent to which users of the facility are required to walk across drives or aisles to gain access to the daycare center. Lile stated since the staff report was published staff and the applicant have discussed two possibilities to meet this requirement. Lile presented both options and then the applicant will provide more information about which they would prefer and why. The first option is to extend the sidewalk from the crosswalk on Muscatine Avenue directly to the main entrance of the church. Lile noted there are some top topography issues here that the applicant can go into further. The second option was presented by the applicant, where Lucas Off Campus would extend a sidewalk that connects to the private sidewalk owned by the Village Green HOA to the east of the church. Staff has a few safety concerns mainly that the children would have to cross the drive shown in the circulation plan, therefore staff is proposing other conditions for the sidewalk plan. 1. That the applicant must provide a striped pedestrian area that connects the entrance of the daycare to the sidewalk extension. 2. That the applicant must put cones or another barrier out across the entrance drive to block cars entering the parking area during the use of the walkway in order to provide the required separation from vehicle circulation. 3. That there must be a written agreement between Lucas Off Campus and the Village Green HOA for the use of their sidewalk. Board of Adjustment November 13, 2019 Page 7 of 13 4. That the applicant must escort the children to and from school using this sidewalk connection. Lile added it is also a requirement of DHS that the children are escorted to and from school. Regarding site development standards, if the proposed use is located in a residential zone or in the Central Planning District it must comply with the multifamily site development standards set forth in 14-213-6 of this title. Daycare facilities that are an accessory use are exempt from this specific provision. Lile stated this building is preexisting of this site development standard and non -conforming building, but the applicant is not proposing any changes to the building itself but asking this as an additional use. Therefore staff feels that this is not a necessary requirement for this particular building. Lile next discussed the general standards. That this specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. With the conditions proposed staff believes that this site is a safe and suitable area for a childcare facility. The site is also equipped to handle large volumes of people and has a sufficient occupancy limit. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. This proposed center is located in an existing building and will not operate on neighboring sites aside for the sidewalk that they would get an agreement with the HOA. The addition of a chain link play fence and the area will not substantially change the site or affect the surrounding property. Additionally, there are other childcare programs and schools nearby including in the existing preschool at this site. The addition of other children will not diminish the use or enjoyment of surrounding property. That the establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which the property is located. The surrounding residential neighborhood is fully developed and the proposed facility will operate on site and will not impede the development or improvement of the surrounding properties. That adequate utilities, access roads, drainage and necessary facilities have been or are being provided. The subject property already has access to all the necessary utilities and facilities. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. The subject property currently has three access points, two off of Muscatine and one off of Dover Street. Staff has proposed the condition to change the proposed circulation pattern to minimize traffic leaving off the site onto Muscatine by routing them on to Dover Street and avoiding going in between the playground area in the building. That except for the specific regulations and standards applicable to the exception being considered the specific proposed exception in all other respects conforms to the regulations or Board of Adjustment November 13, 2019 Page 8 of 13 standards of the zone and which is to be located. The proposed exception will not substantially change the site layout and the building meets all the setback and height requirements of the RS -5 zone That the proposed exception will be consistent with the Comprehensive Plan of the City. Iowa City's Comprehensive Plan supports development that provides opportunities for people of all stages of life, including children, young adults, families and seniors. Iowa City also lacks childcare facilities to support these families and the addition of another childcare facility near two elementary schools would help support the children and families of this neighborhood. Staff recommends the approval of EXC19-10, an application submitted for a special exception to allow for a before and after school daycare in the Low -Density Single Family Residential (RS - 5) zone located at 3001 Muscatine Avenue with the following conditions: 1. That the applicant must provide a striped pedestrian crossing area from the building to the fenced outdoor play area. 2. That the fenced area must be located 30 feet from both Muscatine Avenue and Dover street in order to provide a buffer between the street and play area and to shift the play area away from the intersection. 3. That the fenced area must only serve children kindergarten and up. 4. That the applicant must close the exit on the Muscatine Avenue near the play area when it is in use in order to reduce vehicle traffic. 5. That the circulation plan must be modified to show parents exiting the site on to Dover Street, instead of driving between the building and the play area. 6. That the applicant must escort children to and from school at the ratio determined by DHS. Lile noted additionally, if the Board chooses to allow the sidewalk connection presented by the applicant onto the Village Green HOA sidewalk, staff recommends the following additional conditions: 1. That the applicant must provide a striped pedestrian area that connects the entrance of the daycare to the sidewalk extension. 2. That the applicant must put cones or another barrier out across the entrance drive to block cars entering the parking area during use of the walkway in order to provide the required separation from vehicle circulation areas. 3. That there must be a written agreement between Lucas Off Campus and the Village Green HOA for the use of their sidewalk. Hazell asked how far away Lucas Elementary is from the subject location. Lile noted it is just to the north across Muscatine Ave on Southlawn Drive. Chrischilles asked if some of the children walk there every day and some of the children are driven there every day to the before and after school program. Lile assumes most of the children are driven to the before school program and dropped off by their parents. For the after- school program the applicant is required by DHS to pick the children up from school and escort them across the street to the daycare. Board of Adjustment November 13, 2019 Page 9 of 13 Hazell asked where's the other play area that was mentioned. Life said it is shown on the lower right-hand corner of the site plan, it's a play area with some slides and stuff but it's been created for the preschool children, not really a suitable play area for older kids. Chrischilles asked if the applicant is already occupying this space, and how long they have been there. Life said the applicant can speak to that. Hazell asked if the original staff recommendation for the sidewalk going into the front of the church would then be the primary entrance for the daycare. Lile said for the pedestrian circulation requirement there must be a sidewalk constructed connecting the main entrance of the center to the adjacent public right -of -away. Currently, the entrance they are using is the one next to the parental drop off and pick up point, but they also have access to the main area connecting to the main door. So if this condition is the one that is required, they would have to make that their main entrance. Lile noted the side entrance is currently the primary entrance that they use, but if the sidewalk was constructed from the main entrance of the building, then that would have to be their primary entrance. Chrischilles asked if it is allowable to use the side entrance as designated as the primary if they do the shared sidewalk on this on the side. Life confirmed that was correct. Hazell thinks the concern is how parents will come pick children up if that's going to be used to exit, if cones are put up to block that how is the traffic flow going to happen through that area. He noted that at his son's after school some of the kids do walk themselves home so he's assuming that the sidewalk will also be used at the same time when parents may be driving in to pick up. He feels there is a potential issue with that kind of cross traffic if the daycare is going to be blocking it off from use. Lile said staff is envisioning that they would block off that area when they were walking the kids to school and then walking them back to the center after school. Chrischilles asked if the screening requirement would be waived and does that need to be specified in the recommendations. Life stated the screening requirement is for daycares located in the commercial and industrial zones, the ones located in residential zones are required fencing. Pretorius opened the public hearing. Ken Valley (909 Maplewood Lane) is the board president of Lucas Off Campus. With regards to the outdoor play space, initially they had talked with the Village Green homeowner's association who has a very large open area right next door to the church, however, after speaking with them because of the fence scenarios required they were not willing to put a fenced -in area on their open space. That is why they ended up going with the area that is on the north west corner of the churches lot. The church has agreed to the area on their property being fenced in. Valley noted there wasn't really any other space that fits the criteria. Another suggestion was just to the to the left of the church which is right next to the parking lot. However, upon further Board of Adjustment November 13, 2019 Page 10 of 13 inspection of that area it is a very steep sloped area and they weren't sure it could be a fenced in or that it would be big enough. Valley stated regarding the two options for the sidewalk extensions their main concern with the first one is they are afraid drainage would be impeded. Additionally along Muscatine there are actually walkways further down the street that would be very similar to this and they are either stepped or sloped to a point where it makes it very difficult for handicapped accessibility. However, on the Village Green sidewalk it is completely sloped and a straight shot straight up towards Muscatine, the big sidewalk that's along Muscatine Avenue. Valley commented on the question about kids walking home. Their policy is once they are at Lucas Off Campus they are not allowed to leave by themselves. They do have one student who actually does walk home, but they have someone escort him across Muscatine so he can get home. The rest are all picked up by parents after work. Chrischilles stated regarding the timeline, before school he is assuming that almost all the kids are dropped off by vehicle. Valley said either by vehicle or walked by their parents. Valley said then they are there less than an hour and then escorted by staff to school along Muscatine where there's a crosswalk that is stationed with a crossing guard before school and after school. There is a crossing guard that helps stop traffic to allow the children along with the escort get across to school. And then after school, the children meet and go in groups of 15, which is the DHS standard ratio of one supervisor, plus one, per 15 children, it is a considered a field trip scenario, so they pick them up, escort 15 children across the street to the center, and then based on staffing that day, they either have two staff that are still back there to pick up the next 15 or one of those staff goes back to school to help escort. Chrischilles asked if they walk year-round, never driven by vehicle. Valley confirmed they walk all year. Chrischilles noted then it becomes an issue of is the sidewalk on the east side safe. When it is the end of the day and some of the kids are picked up by vehicle by their parents at that point would there be any children outside the building. Valley confirmed they would not be outside the building, the play area would be closed. Chrischilles stated then once the children are in the facility, either before or after school, the entrance could be shut off and closed. Valley confirmed yes. He added the space that are available inside of the church pretty much triples any other childcare facility that he is aware of. Not a lot have a full-size gymnasium that they have access to. Even the daycare that still remains at Lucas Elementary is two rooms, not three, so the room that is available here is far surpasses anything. The outdoor space is more for a nice fall day or a nice spring day, or they've talked about having a summer program where there will be times during the day that they would go out and be in the play area. Valley noted for example, today is a Wednesday, students would have gotten out of school at 2:55. All the children have been escorted over to the program by 3:15. They would go from 3:15 to 4:00 in the play space and that would pretty much be about it. The vehicular traffic is later, the program is open until 6:OOpm. Board of Adjustment November 13, 2019 Page 11 of 13 Chrischilles asked if they are also operating a summer program. Valley replied they've talked about, they have in the past but this is their first year outside of Lucas Elementary so they do not know if they're going to or not Pretorius closed the public hearing Chrischilles thinks it's okay to have the sidewalk on the on the side of the building they just need to clarify what the after-school program needs to do in terms of safety of the children in terms of shutting off entrances at certain times. All the other conditions apply, the circulation plan must be modified to have people exit onto Dover Street, they must close the exit on Muscatine when the play area is in use. Chrischilles wondered if it would it be easier just to say they can't exit on Muscatine Avenue period, that they have to exit onto Dover, and then that would make number four a moot point. Hazell clarified Chrischilles is suggesting it would be closed off the entire time the program is in session. Cox feels it's probably simpler for them when they're ready to go take the kids out to put the cones up and close it and then when they when they all go back inside open it. Chrischilles asked if the recommendation is to suggest cars exit onto Dover Street or is it requiring that they exit onto Dover Street. He feels if the Muscatine Avenue exit is open people will use it. Chrischilles suggest recommending that they have to exit onto Dover Street and just to be extra safe when the play area is in use they also have to close the Muscatine Avenue exit or they could just close it when they get there while the program is in session and keep it closed. Hazel[ asked about the mornings, they are just for there for about 40 minutes. Chrischilles doesn't think it is necessary as he doesn't think the kids will be outside playing at that time. Pretorius noted she doesn't feel as strongly about it. But if it ends up being what's motioned she will support. Chrischilles stated then do they want to still have Muscatine Avenue as an exit some of the time. Pretorius questions to close it off kind of quasi permanently, is it really going to be used that much anyways. The bright orange cones are going to be a deter when the kids are in the playground area. She feels as long as they're diligent with the diverting the traffic when it's necessary when the children are out there. Hazell feels the staff recommendations do address those basic requirements and doesn't feel they need to necessarily reword it. Chrischilles commented on the fence area, noting it should be required to be installed before the play area can be used. Board of Adjustment November 13, 2019 Page 12 of 13 Pretorius noted that regarding the sidewalk it sounds like they're using the side entry as their main entry already. Plus noted they are talking about a not-for-profit, putting in another sidewalk is costly. Dulek proposed the Board discuss a condition regarding escorting children that walk home. The applicant mentioned that there was one child that gets escorted now, but what about next year. what if there are two children, does the Board want to have some type of condition noting if children do leave on foot, there be some type of escort required. Hazell stated they could stipulate all children must be escorted up to Muscatine or really just escorted across that cross way is tine. It could be added as recommendation four and stated as all children must be escorted off property by staff or guardians. Chrischilles asked if they will just leave it the way it is and the stipulation would be that they only put cones up when kids are in the play area and then otherwise recommended that they leave on Dover Street but not required. Pretorius and Hazell agreed. Chrischilles stated that regarding agenda item EXC19-10 he concurs with the findings set forth in the staff report of November 13, 2019, and conclude the general and specific criteria are satisfied. So unless amended or opposed by another Board member he recommends that the Board adopt the findings in the staff report as our findings with acceptance of this proposal. He finds that with regards to having the sidewalk and the east side access to the building from the sidewalk safety has been satisfied by the addition of a pedestrian walkway and by shutting off the entrance to the parking lot when the children are arriving as pedestrians. Hazell seconded the findings of fact. Chrischilles moved approval of EXC19-10, an application submitted for a special exception to allow for a before and after school daycare in the Low -Density Single Family Residential (RS -5) zone located at 3001 Muscatine Avenue with the following conditions: 1. That the applicant must provide a striped pedestrian crossing area from the building to the fenced outdoor play area. 2. That the fenced area must be located 30 feet from both Muscatine Avenue and Dover street in order to provide a buffer between the street and play area and to shift the play area away from the intersection, and the play area cannot be occupied or used until the fence is in place. 3. That the fenced area must only serve children kindergarten and up. 4. That the applicant must close the exit on the Muscatine Avenue near the play area when it is in use in order to reduce vehicle traffic. S. That the circulation plan must be modified to show parents exiting the site on to Dover Street, instead of driving between the building and the play area. 6. That the applicant must escort children to and from school at the ratio determined by DHS. 7. That the applicant must provide a striped pedestrian area that connects the entrance of the daycare to the sidewalk extension. B. That the applicant must put cones or another barrier out across the entrance drive to block cars entering the parking area during use of the walkway in order to provide the Board of Adjustment November 13, 2419 Page 13 of 13 required separation from vehicle circulation areas. 9. That there must be a written agreement between Lucas Off Campus and the Village Green HOA for the use of their sidewalk. 10. All children must be escorted by staff or guardians off the property when they leave the program. Hazell seconded the motion. A vote was taken and the motion carried 3-0. Pretorius stated the motion declared approved, any person who wishes to appeal this decision to a court of record may do so within 30 days after this decision is filed with the City Clerk's Office. ADJOURNMENT: Chrischilles moved to adjourn this meeting, Hazell seconded, a vote was taken and all approved. BOARD OF ADJUSMENT ATTENDANCE RECORD YEAR 2018-2019 NAME TERM EXP. 2114 519 6113 8/8 12112 2113 3/13 4/10 518 7110 1019 11113 COX, ERNIE 12/31/2020 -- - -- - -- -- O/E X X O/E X X GOEB, CONNIE 12/31/2019 O/E X X X X O/E X X X x X O/E HAZELL, ZEPHAN 12/31/2021 -- -- -- - - X X X X X O/E X PRETORIUS, AMY 12/31/2023 -- - -- - - X X X X X X X CHRISCHILLES, GENE 12/31/2022 -- - -- -- -- - - -- - - X X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting -- = Not a Member Item Number: 7. November 21, 2019 Community P ol ice Review Board : November 12 AT TAC HM E NT S: D escription C ommunity P olice Review B oard: November 12 Item Number: 8. November 21, 2019 Public Art Ad visory Committee: Novemb er 7 AT TAC HM E NT S: D escription Public A rt A dvisory C ommittee: November 7