HomeMy WebLinkAboutA8 ITEM #: 3
DATE: 04-26-17
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: April 21, 2017
CASE FILE NO.: SUP-000147
REQUEST: Special Use Permit to allow a yard waste collection and transfer facility at
400 Freel Drive
PROPERTY OWNER: Freel Family, LP
APPLICANT: Chamness Technology, Inc., represented by Doug MacCrea
ZONING: "GI" (General Industrial)
BACKGROUND AND PROJECT DESCRIPTION:
Chamness Technology, Inc. has contracted with the City of Ames to collect and dispose
of yard waste. For the past few years, they operated the business outside of the City at
26107 5301h Avenue (Black's Farm). Chamness now seeks to establish the yard waste
operation for one year at a new location, 400 Freel Drive, as they seek a permanent
location. The site is zoned General Industrial and has no buildings or other notable
improvement on the site. The site is also within the Floodway Fringe. A location map is
found in Attachment 1.
The yard waste collection site will be open on Monday, Wednesday, and Friday
afternoons and Saturday mornings through late fall. Customers can bring their yard
waste and, for a fee, leave it at the facility where Chamness employees will reduce the
bulk and ship it to their composting facility near Eddyville, Iowa. During those days, no
more than a handful of customers are expected to show up during the course of the
morning or afternoon. Community wide free yard waste collection days will also be
hosted at the proposed site. Once in spring (set for May 13) and four times in the fall,
there will be free yard waste days when Ames residents can drop off accumulated yard
waste. These events occur on Saturdays.
Yard waste will be collected and stored at the east end of the property. When a
sufficient amount has been collected, the material will be ground up (if needed) and
loaded onto trucks, covered, and transported to Eddyville. A grinder/chipper will be
brought on site when needed to reduce the bulk of the material prior to loading.
Access to the drop off area will be from Freel Drive, looping around the eastern portion
of the lot (see site plan). The physical improvements needed to conduct this are
minimal. The applicant requests that as a temporary use that the drive aisle will not be
1
paved and remain as grassed area. A stabilized construction entrance of rock, 25 feet
by 50 feet, will be placed at the entrance of the site. The applicant has verbally agreed
to install the rock although the site plan has not been updated to reflect that. Staff will
recommend a condition of approval that the rock entrance be installed prior to the first
free yard waste day on May 13. There is an existing fence at the front property line and
a gate will be installed to prevent after-hours dumping.
There will be a single employee during regular collection days. Free yard waste days
will have 15 to 20 more employees and volunteers on site.
There will be no public utilities for the site. A temporary porta-potty will be set up for
employee use.
During the five free yard waste days, additional traffic can be expected. The applicant
and the city traffic engineer propose a traffic management pattern that will reduce
congestion on Lincoln Way to the north and keep the queued traffic off of arterial and
collector streets. On those free days, signage will be posted to direct eastbound traffic
on Lincoln Way to South Dayton Avenue, thence south to SE 5th Street where access to
Freel Drive and the site can be made. Northbound traffic on South Dayton Avenue will
be directed to the site at SE 5th Street. Traffic exiting the site will be directed north to
Lincoln Way. This circulation pattern allows over one-half mile of queuing from South
Dayton Avenue to the site. The city traffic engineer has reviewed the traffic
management plan and has accepted it. The city reserves the right to, after the first free
yard waste day in May, to amend the plan. See the traffic flow map on Attachment 2.
APPLICABLE LAW:
In addition, Chapter 29, Section 29.1503(4)(a), (c) and (e) of the Municipal Code states
the following-
(4) Review Criteria. Before a Special Use Permit application can be approved, the Zoning
Board of Adjustment shall establish that the following general standards, as well as the
specific standards outlined in subsection (b) below, where applicable, have been or shall
be satisfied. The Board's action shall be based on stated findings of fact. The conditions
imposed shall be construed as limitations on the power of the Board to act. A mere
finding that a use conforms to those conditions or a recitation of those conditions,
unaccompanied by specific findings of fact, shall not be considered findings of fact for
the purpose of complying with this Ordinance.
(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 of the City;
(ii) Be designed, constructed, operated, and maintained so as to be
harmonious in appearance with the existing or intended character of the
general vicinity and that such a use will not change the essential character
2
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, fire protection, drainage structure, refuse
disposal, water and sewage facilities, and/or schools;
(v) Not create excessive additional requirements at public cost for public
facilities and services;
(vi) Not involve uses, activities, processes, materials, 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; and
(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 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.
Any development in the City is also subject to the Development Standards of Article 4 of
Chapter 29 of the Municipal Code.
PUBLIC COMMENTS:
Notification was made to all owners of property within 200 feet. In addition, a notice of
public hearing was placed on the property. As of this writing, no comments have been
received.
FINDINGS OF FACT & CONCLUSIONS:
Based upon the project description, the submitted site plan, and applicant's responses,
the following findings of fact and conclusions may be made.
Findings:
• The location of yard waste collection and transfer sites is not specifically
addressed in the Land Use Policy Plan. However, the site is zoned General
Industrial, which is consistent with the LUPP designation. The zoning allows a
variety of industrial and outdoor uses, including the proposed waste and transfer
use with the issuance of a special use permit. The area contains, among other
uses, an auto salvage yard, a former yard waste collection site, an appliance
recycling facility, a contractor's yard, and an outdoor landscaping business
• The storage of materials will be located 360 feet east of Freel Drive on the
eastern portion of the property. The outdoor storage of materials is not unique to
just this use in this neighborhood as there is another approved yard waste
storage facility and auto salvage yards in the immediate vicinity. This site was
3
previously approved for a car crushing and salvage facility, which is now an
expired permit.
• Other uses in the neighborhood would not be impacted during regular hours of
operation. During the Saturday free yard waste days, though, extra traffic is
expected and the applicant will be expected to control that traffic.
• The operation of the site will not require additional public services during normal
operations. Preparation for free yard waste days will not result in city resources
although the contract between the City and Chamness will require the City to
provide traffic control signage.
• The site would not be a source of noise, smoke, fumes, or odor as the materials
will be removed from site regularly to avoid being a harborage for vermin. The
wood grinder that will be brought in will be diesel powered so there may be
intermittent noise and fumes from its operation. The grinder will be on site only
prior to loading trucks for transport to Eddyville.
Conclusion:
City staff has reviewed the information submitted by the applicant. Staff concludes that
the criteria of Section 29.1503 are met. Because this use has not been common in
Ames and that anecdotal evidence based on their previous location seems to indicate
that there may be traffic issues on free yard waste days, staff is recommending a
condition that the Special Use Permit be approved for only one season. The applicant
has indicated that this is acceptable as they are seeking another site outside the city
limits. If they are unsuccessful in that endeavor and need to continue at this site, the
applicant would need to apply for a new Special Use Permit.
ALTERNATIVES:
1. The Zoning Board of Adjustment can approve the Special Use Permit for a yard
waste collection and transfer facility at 400 Freel Drive, based on the findings of
fact and conclusions stated herein, as detailed on the submitted site plan and
application materials with the following conditions:
a. That a rock stabilized construction entrance 25 feet wide by 50 feet long
be placed at the entrance to the site prior the first free yard waste day on
May 13.
b. That the approval of the use be allowed through May 1, 2018 by which
time all material and equipment shall be removed from the site and the
site restored to its current or better condition.
If the site is sought for use again in 2018, the applicant will need to seek a
new Special Use Permit.
c. A flood plain development permit must be approved prior to initiating use
of the site.
4
2. The Zoning Board of Adjustment can approve the Special Use Permit for a yard
waste collection and transfer facility at 400 Freel Drive, based on the findings of
fact and conclusions stated herein, as detailed on the submitted site plan and
application materials with other or additional conditions needed to mitigate
reasonable expected impacts.
3. The Zoning Board of Adjustment may deny the Special Use Permit for a yard
waste collection and transfer facility at 400 Freel Drive, if the Board finds and
concludes:
a. That the proposed Special Use Permit is not consistent with adopted
policies and regulations, or
b. That the Special Use Permit will impose impacts that cannot be
reasonably mitigated, or,
c. That the proposed site plan does not meet the minimum standards of the
zoning ordinance.
RECOMMENDED ACTION:
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 act in
accordance with Alternative #1, approving the yard waste collection and transfer facility
at 400 Freel Drive with the conditions noted.
S\PLAN_SHMCouncil Boards Commissions2BA\Special Use Perm its\400 Freel-Yard Waste SUP-04-26-17.docx
5
Attachment 1: Site
t Q� � r
'TT
'+� O `n,
� ' . It A
.s +.
! f Ow
-
CM
Cr
;S �
•� �" l
_ t
O 2 .
�1r
w
of
t"
; Ir
FL&I
�t Y .
Ames
N
6
Attachment 2: Site Location and Traffic Flow
K
4OZ:
'~ E LIN OC�LN W� m
I � ;
A.
,.7 key p Z
,� I ti� •�p•���,�.,�? 4y,� "�K:M Ott?- r
r;.
-
���� � Ames
N
7