HomeMy WebLinkAboutA004 - Staff Report dated December 12, 2012 t
ITEM #: 2
DATE: 12-12-12
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: December 7, 2012
APPLICANT: Denali Recycling, Tim Bouska
PROPERTY OWNER: Christina White-Rozendaal
ZONING: General Industrial (GI)
ZONING OVERLAY DISTRICT: None
REQUEST TO CONSIDER A SPECIAL USE PERMIT: To allow a recycling operation at
1910 East Lincoln Way.
PROJECT DESCRIPTION: The applicant wishes to conduct a recycling operation, of"post
consumer recyclable materials," baling them and storing them at this location.
However, the review of this request revealed some inconsistencies in City ordinances
concerning garbage, rubbish, and recycling. It does not appear that the removal of certain
items, such as plastics and metals, can be removed from the waste stream under the
current Chapter 10: Garbage and Refuse as well as with the intergovernmental agreement
that governs the operation of the Resource Recovery Plant. However, it was determined
that clean cardboard can be seen more as a commodity rather than waste and, therefore,
could be permitted through Chapter 29: Zoning.
The applicant was notified of this and has agreed to limit his request to cardboard only at
this time.
APPLICABLE LAW:
The laws applicable to this case file are as follows:
Table 29.501(4)-4 of the Ames Municipal Code includes Recycling operations as a sub-
category of Waste Processing and Transfer within the Industrial Use Categories.
Table 29.901(2) of the Ames Municipal Code lists uses that are allowed with the GI
General Industrial zoning district and under whose authority approval can be granted.
Waste Processing and Transfer is permitted but requires a Special Use Permit from the
Zoning Board of Adjustment.
Ames Municipal Code Section 29.1503(4), establishes the criteria for reviewing a Special
Use Permit and describes the finding of fact that the Zoning Board of Adjustment must
address before a Special Use Permit can be granted.
Ames Municipal Code Section 29.1503(4)(a):
1 . 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 or 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.
FINDINGS OF FACT & CONCLUSIONS:
Staff makes the following findings of facts:
General Standards
FINDING 1. The Land Use Policy Plan (LUPP) map designates this site as General
Industrial. This is an area of the city characterized by industrial uses that involve individual
siting in designated areas where overall use and appearance requirements are less
restrictive.
FINDING 2. The applicant describes the use as recycling operation of post consumer
waste, e.g., cardboard. Operations will be conducted within the building.
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FINDING 3. The use will be similar in intensity to those generally found in industrial
neighborhoods.
FINDING 4. No public utility or infrastructure improvements will be needed.
FINDING 5. The proposed use of the site will generate traffic, noise, or fumes in the area
consistent with an industrial area.
FINDING 6. The proposed use of the site is allowed within the General Industrial zone with
a Special Use Permit as noted in the Use Tables of the Ames Municipal Code.
ALTERNATIVES:
1 . The Zoning Board of Adjustment can approve the Special Use Permit to allow
cardboard recycling at 1910 East Lincoln Way by adopting the staff's findings of
facts but with the following conditions:
a. All cardboard shall be stored inside.
b. All truckloads shall be covered to avoid loss of cardboard.
c. Denali Recycling provide a quarterly report on the amount of cardboard that
he removes from the waste stream to the Resource Recovery Plant.
2. The Zoning Board of Adjustment can deny the Special Use Permit to allow a
cardboard recycling at 1910 East Lincoln Way if the Commission determines that
the use does not comply with the criteria of Section 29.1503(4).
3. 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 to allow cardboard recycling at 1910 East Lincoln Way.
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