HomeMy WebLinkAboutA5 ITEM #: 3
DATE: 01-11-12
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: January 3, 2012
MEETING DATE: January 11,2012
PROPERTY OWNER: Jerry Carney and Sons, Inc.
APPLICANT: Jerry Carney and Sons, Inc.
ZONING: General Industrial (GI)
REQUEST TO CONSIDER A SPECIAL USE PERMIT: The owner of 340 S. Dayton
Avenue requests approval of an amendment to the Special Use Permit for an auto salvage
yard on the property at 340 S Dayton Avenue. The amendment would modify the site plan
and conditions of approval which the Board approved on November 10, 2010.
PROJECT DESCRIPTION: The proposed site is approximately 14.9 acres, located on the
east side of South Dayton Avenue. The site currently is being used for the auto salvage
business that was approved in 2010. The owner has done some grading, installed internal
roads, put up a perimeter fence and gates, and brought in vehicles.
However, some improvements have been completed that are not consistent with the
approved site plan. In particular, the eight-foot fence has been extended around the entire
perimeter of the property and trees and undergrowth that were to remain have been
removed.
The approval of the Special Use Permit in 2010 included a number of explicit conditions.
These are:
1 . That the salvage yard be fenced with a solid, opaque in the locations shown on
the Site Plan, similar in design to the existing fence used to screen the existing
operation on Freel Drive. The current height limit of a fence in this location is six
feet. The City is presenting an amendment to the Zoning Code to the City
Council on November 9 that will allow an 8-foot fence in the locations shown on
the plan. The note as shown on the site plan will allow an 8-foot fence if the
amendment is approved; otherwise it will be a 6-foot fence. The fence will be
placed in such a way that plantings can be placed north of the north line of
fence from the east property line and extending 250 feet to the west, to provide
an additional buffer near the daycare center.
2. That car crushing be limited to no more than 14 days per year. The Site Plan
shall be updated to indicate the temporary location of the car crusher at the
north end of the site in either the first or second drive aisle from the entrance.
3. That the existing trees as shown on the site plan be retained and that any
removal will require an amendment to the Special Use Permit.
4. That salvage material be stacked no higher than the height of the fence.
5. That dust abatement measures be undertaken on the internal drives, when
needed.
6. That the fence, driveway, parking areas, and internal roadways be maintained.
This maintenance shall include replacement or repair of the fence within 14
days if it is damaged or after it comes down. The fence shall be replaced or
repaired whenever peeling or chipping occurs.
7. That no underground storage or burial of materials is permitted.
8. That, prior to bringing vehicles to the site for storage, their fluids be drained and
disposed of in accordance with state and federal law.
As the conditions explicitly state, the trees shown on the Site Plan are to be retained and
that any removal will require an amendment to the Special Use Permit. In order to install
the perimeter fence, trees and undergrowth that were located along the south and along
the northwest were removed. City staff met with the owner of the site on December 16,
2011 and, along with other comments concerning the site plan, insisted that no other work
be done on the property that is inconsistent with the approved site plan and Special Use
Permit.
In addition to the installation of the fence and the removal of trees, the owner seeks to
change the grading of the site. The approved site plan shows a two-tier site (owing to the
fact that the rear of the lot is about 40 feet higher than the front)with the rear one-fourth of
the lot about 25 feet higher than the front three-fourths. The proposed grading creates a 2
percent grade along the entire site with the rear slope rising about 20 feet at a 3-to-1 slope.
The owner also seeks to place the car crusher at the front of the property behind the fence
rather than 200 feet further east.
APPLICABLE LAW:
The laws applicable to this case file are found below.
Ames Municipal Code Table 29.501(4)-4 defines "Industrial Service" as follows:
"Uses that involve the repair or serving of industrial, business or consumer
machinery, equipment, products, or by-products, but not including consumer goods
services or retail outlets.
"Uses Included
"Auto and truck salvage and wrecking"
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Ames Municipal Code Section 29.1503(4)(a), establishes the following criteria for reviewing
a Special Use Permit:
(a) General Standards. The Zoning Board of Adjustment shall review each application for
the purpose of determining that each proposed use meets the following standards, and
in addition, shall find adequate evidence that each use in its proposed location will:
(i) Be harmonious with and in accordance with the general principles and proposals
of the Land Use Policy Plan (LUPP).
(ii) Be designed, constructed, operated and maintained so as to be harmonious and
appropriate in appearance with the existing and intended character of the
general vicinity and that such a use will not change the essential character of the
area in which it is proposed.
(iii) Not be hazardous or disturbing to existing or future uses in the same general
vicinity.
(iv) Be served adequately by essential public facilities and services such as
highways, streets, police, and fire protection, drainage structures, refuse
disposal, water and sewage facilities, and/or schools.
(v) Not create excessive additional requirements at public cost for public facilities or
services.
(vi) Not involve uses, activities, processes, materials, and equipment or conditions of
operation that will be detrimental to any person, property, or general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
(vii) Be consistent with the intent and purpose of the Zone in which it is proposed to
locate such use.
(e) Conditions. The Board may impose such additional conditions as it deems necessary
for the general welfare, for the protection of individual property rights, and for ensuring
that the intent and objectives of this Ordinance will be observed.
Ames Municipal Code Section 29.1306(1) and (2)(a)(b)(c):
(1) It is found that the keeping of salvaged parts and materials and the storage of motor
vehicles out of doors can detract from the beneficial use and enjoyment of
neighboring properties. A salvage yard is prohibited anywhere except in the GI
Zone. Such salvage yard shall be authorized only by a Special Use Permit issued
after a public hearing by the Zoning Board of Adjustment in accordance with the
procedures set out in Section 29.1503 and shall be subject to such protective
conditions that my be warranted by the nature of the salvage operation. A salvage
yard operation is also subject to all the submittal and approval requirements set out
in Section 29.901.
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(2) The Zoning Board of Adjustment shall not grant any Special Use Permit as
authorized and required in Subsection A above, unless it shall first find as a fact that
the keeping of motor vehicles that are stored or displayed under their present or
proposed conditions or circumstances will not:
(a) Provide an attractive and dangerous nuisance for young children;
(b) Be a harborage for rats and other forms of vermin; or,
(c) Be an unsightly detraction from the use and enjoyment of adjacent
properties.
In granting a Special Use Permit, the Zoning Board of Adjustment may impose such
time limits and other special protective conditions as it shall find useful and
reasonable to the concerns expressed in Subsections a, b and c above.
FINDINGS OF FACT AND ANALYSIS
The Board approved the Special Use Permit in 2010 after first making findings consistent
with the criteria of Ames Municipal Code Section 29.1503(4)(a). The findings and analysis
below address only those criteria which are affected by the proposed changes to the site
plan. The staff report dated October 22, 2010 is included as information for the Board.
FINDING 1: The approved 2010 site plan showed fencing along the east and west ends of
the property with the existing trees and undergrowth to remain. The Board's approval of the
site plan contained an explicit requirement "that the existing trees on the Site Plan be
retained and that any removal will require an amendment to the Special Use Permit."
ANALYSIS: The applicant, in 2010, indicated that the fence is a large expense and
that although they intended to fence the entire 14-acre site at some point, they
would fence in only those more strategically important areas initially. They would
rely on the topography and dense vegetation in the other areas to keep out
trespassers. The Board, in 2010, expressed concern about access to the site and,
without a fence around the entire property, relied on the trees and undergrowth to
reduce access.
The site is now fully fenced with the clearing of trees and undergrowth necessary to
accomplish the installation. This work was done in violation of Condition 3 of the
Board's approval. However, the fence will provide a more secure facility and better
restrict access. The fencing will further the criterion of Section 29.1306(2)(a) by
making the site a less attractive nuisance for young children.
FINDING 2: The proposed grading differs from the 2010 approved site plan. The approved
plan shows a two-tier site with the rear one-fourth of the site about 25 higher than the front
three-fourths. The proposed plan shows the entire site relatively flat (about a 2 percent
slope for drainage). The rear of the site has a 3:1 slope up to the fence at the property line.
This 3:1 slope will be stabilized with grass plantings.
ANALYSIS: The grading and erosion control plan has been reviewed by the Public
Works Department and is found to meet the City's standards. There may be a
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benefit of lowering the area of vehicle storage by making it less likely to be seen
from abutting properties or rights-of-way.
FINDING 3: The proposed location of the car crusher differs from the approved 2010 site
plan. The proposed plan places it immediately behind the fence and adjacent to the front
gate. This places it about midway between the north and south property lines. The
approved location placed it about 200 feet east of the front gate.
CONCLUSION: The approved location of the car crusher is equidistant from the
residences to the north and south of this subject property. A condition of approval
states that"The Site Plan shall be updated to indicate the temporary location of the
car crusher at the north end of the site in either the first or second drive aisle from
the entrance." Staff believes that, although this language is used in staff's original
report and recommendations, and in the Board's approval, it should have stated that
the car crusher was to be on the north side of the center drive aisle in either the first
or second drive aisle from the entrance. This language would place the car crusher
equidistant from the north and south property lines.
Evidence entered into the record in 2010 indicated that the car crusher does not
emit any more sound (measured in decibels)than an end loader or heavy truck. The
proposed location places it equidistant from the north and south property lines and
as far from the day care at the northeast corner as possible.
OTHER COMMENTS: The 2010 site plan showed 15 Eastern white pine trees at the
northeast corner of the site, outside of the fence. An inspection made by staff revealed that
several of these trees have died. The owner needs to replace these trees and maintain
them to ensure their survival.
Most of the conditions of approval that were placed on the site in 2010 are recommended
to be placed on the approval of this request for amendment. Since the fence and trees are
now shown on the site plan and installed (or, in the case of some trees, to be replaced)
Condition 1 is no longer necessary. However, staff will recommend a new condition related
to replacement of the dead trees and the need to maintain them for the duration of the use.
ALTERNATIVES:
1 . The Zoning Board of Adjustment can approve this request for an amendment to the
Special Use Permit for an auto salvage yard on the property at 340 South Dayton
Avenue, with the following conditions:
a. That car crushing be limited to no more than 14 days per year.
b. That salvage material be stacked no higher than the height of the fence.
C. That dust abatement measures be undertaken on the internal drives, when
needed.
d. That the fence, driveway, parking areas, and internal roadways be
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maintained. This maintenance shall include replacement or repair of the
fence within 14 days if it is damaged or after it comes down. The fence shall
be replaced or repaired whenever peeling or chipping occurs.
e. That no underground storage or burial of materials is permitted.
f. That, prior to bringing vehicles to the site for storage, their fluids be drained
and disposed of in accordance with state and federal law.
g. That the dead trees planted on the north side of the fence at the east end of
the property be replaced by May 1, 2012 and all tree these trees are to be
maintained for as long as the use is established at this site.
2. The Zoning Board of Adjustment can deny this request for a Special Use Permit for
an auto salvage yard on the property at 340 S. Dayton Avenue.
This alternative requires the owner to remove the fence and replace the trees and
undergrowth that was previously at that location. Furthermore, the owner must
maintain the grading scheme that was approved in the 2010 Special Use Permit.
The site must, in all respects, reflect the Board's conditions of approval and
approved site plan of 2010.
3. The Zoning Board of Adjustment can deny this request and revoke the Special Use
Permit for the auto salvage yard on the property at 340 S. Dayton Avenue. All
evidence of an auto salvage yard would need to be removed.
The Board can invoke this alternative if it finds that the removal of the trees in
violation of the conditions of approval is egregious enough to call for this action.
Staff has spoken to the owner since the December 16, 2011 meeting and believes
that the removal of the trees was a careless action and not a deliberately defiant
act. The owner is now aware of the importance of the Board's conditions of approval
and of complying with the approved site plan.
4. Action on this request can be postponed and referred back to City staff and/or the
applicant for additional information.
DEPARTMENT RECOMMENDATION:
Based upon the Findings of Fact and Conclusions above, it is the recommendation of the
Department of Planning and Housing that the Zoning Board of Adjustment approve
Alternative#1. This is a recommendation that the Zoning Board of Adjustment approve the
Special Use Permit for an auto salvage yard on the property at 340 S. Dayton Avenue to
allow the construction grading, installation of a fence and other improvements as shown on
the site plan dated November 30, 2011 with the above stated conditions.
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