HomeMy WebLinkAboutA5 ITEM #: 2
DATE: 05-10-17
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: May 5, 2017
CASE FILE NO.: SUP-000164
REQUEST: Special Use Permit to Allow a Temporary Concrete and Asphalt Batch
Plant at 1811 South Dayton Place
PROPERTY OWNER: Iowa Youth Athletic Foundation
APPLICANT: Manatts, Inc., represented by Tim Tometich
ZONING: "HOC" (Highway-Oriented Commercial)
BACKGROUND AND PROJECT DESCRIPTION:
Manatts, Inc. is requesting permission to locate a concrete/asphalt batch plant on the
property at 1811 S. Dayton Place, for the time period beginning May, 2017, and
concluding at the end of December, 2017. The site is the location of the former Cyclone
Truck Stop, and is presently vacant, with no buildings on the site. Portions of the
asphalt and concrete paving remain on the site, which includes approximately 5.21
acres, and is zoned as HOC (Highway-Oriented Commercial. The site is also within the
boundaries of the Floodway Fringe (see Attachment A, Location Map).
Manatts is interested in using the site for a concrete/asphalt batch plant to supply new
paving material for road construction projects near Ames. Locations on the site are
planned for material storage, batch plant equipment, portable restrooms, water storage,
fuel barrel, and dumpsters, as shown on the attached site plan (See attached Site Plan).
The City established a Special Use Permit process and siting standards for temporary
use of a Highway Oriented Commercial (HOC) zoning district property for asphalt or
concrete batch plants in 2011. The request to create such standards was made by
Manatt's Inc. in response to a project they had desired to operate at the former Cyclone
Truck Stop at 1811 South Dayton Place. The standards allow for the batch plant use for
no more than nine months total and must be located more than 500 feet from a property
with a residential use and 250 feet from a property with a commercial use. The
standards were designed to ensure there were undeveloped properties adjacent to any
batch plant site.
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APPLICABLE LAW:
Chapter 29, Section 29.1311, Temporary Concrete and Asphalt Batch Plants, of the
Municipal Code states the following:
(1) It is recognized that certain large private and public projects require the
establishment of temporary facilities for the preparation of Portland cement
concrete or asphaltic cement concrete. These facilities have been constructed
rarely within or near the City and it is anticipated that they will continue to be a
rare occurrence. However, it is necessary to accommodate them on a temporary
basis and in a manner that will reduce their expected impacts on surrounding
properties.
(2) The Zoning Board of Adjustment can authorize a Special Use Permit for a
temporary concrete or asphalt batch plant only after a public hearing in
accordance with the submittal and approval procedures set out in Section
29.1503.
(3) The Special Use Permit shall not be granted. (The standards are listed in this
report below.)
(4) Additional Requirements.
(a) All temporary principal and accessory structures and storage of materials
shall meet the setbacks of the zone in which it is located. The temporary
establishment of such a use is exempt from the General Development
Standards for Article 4 of the Zoning Ordinance. However, the Board may
apply such standards, or any other appropriate standard, as a condition of
approval as it seems necessary for the general welfare, for the protection of
individual property rights, and for ensuring the intent and objectives of this
Ordinance will be observed.
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 (c) 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
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following standards, and in addition, shall find adequate evidence that each use
in its proposed location will. (The standards are listed in this report below.)
(c) Commercial Zone Standards. The Zoning Board of Adjustment shall
review each application for the purpose of determining that each proposed use in
a commercial zone meets the following standards..."(The standards are listed in
this report below.)
(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
maintained.
STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL: The applicant has
provided the attached application including statements as to how the proposed structure
meets the requirements for a Special Use Permit.
FINDINGS OF FACT & CONCLUSIONS:
Based upon the submitted site and architectural plans and in addition to the facts
provided in the application, the following findings of fact and conclusions may be made
regarding the standards of approval.
Temporary Concrete and Asphalt Batch Plants Standards.
The Special Use Permits shall not be granted:
a. If the tract, parcel or lot on which the proposed use is located is less than
500 feet from a tract, parcel or lot containing a residential use.
Findings of Fact: The City established a Special Use Permit process and siting
standards for temporary use of a Highway Oriented Commercial (HOC) zoning
district property for asphalt or concrete batch plants in 2011. The request to
create such standards was made by Manatt's Inc. in response to a project they
had desired to operate at the former Cyclone Truck Stop at 1811 South Dayton
Place. The City determined that allowing for the uses on a temporary basis may
be appropriate to facilitate infrastructure projects and to limit potential impacts on
City streets from permanent locations on industrial streets.
The adopted standards allow for the batch plant use for no more than nine
months total and must be located more than 500 feet from a property with a
residential use and 250 feet from a property with a commercial use. The
standards were designed to ensure there were undeveloped properties adjacent
to any batch plant site. There is no specific separation distance from industrial or
other types of uses.
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Although the Special Use Permit process was established in 2011, no project has
requested approval since the adoption of the standards, until this year. Manatt's
recently applied for a Special Use Permit for 1811 South Dayton Place and staff
determined the site was not eligible for a temporary batch plant based upon the
siting setback criteria, as short term lodging (hotels) properties are within 500
feet of the 1811 South Dayton Place property.
In response, Manatt's has requested a text amendment to clarify that the
residential use distance does not apply to short term lodging. The proposed
changes specify that a residential use means either a Group Living or Household
Living use. The minimum 500-foot separation requirement would apply to these
types of residential uses. Short Term Lodging would be added to the 250-foot
separation standards along with commercial uses. Commercial uses include
Office, Retail Sales and Services, and Restaurant, Recreation, and
Entertainment uses. See Attachment C, Proposed Text Changes, for the existing
standards and proposed changes.
The Planning & Zoning Commission considered the request for the text
amendment, at their meeting on May 3, 2017, and recommended that the City
Council approve the proposed text amendment. The City Council will consider
the first reading on an ordinance to adopt the proposed text amendment at a
public hearing on May 9, 2017. At that meeting, the Council may also choose to
waive its rules and complete the second and third readings, of the ordinance on
May 9tn
Conclusions: Locally, there have been few instances of a project large enough
to require the establishment of a temporary concrete or asphalt batch plant. The
most recent instance was in 2011. However, when such a use is needed, it has
a large impact on the surroundings due to the high levels of truck traffic and the
industrial nature of the use. The current Special Use Permit process allows for
review and consideration of these impacts and includes minimum siting
standards of 250 feet for commercial properties and 500 feet for residential
properties.
Staff does not believe that the 500-foot setback was intended in 2011 to apply to
hotel properties, but by the use of the term "residential use" it does apply based
upon short term lodging listed as a residential use in Article 5, of the Zoning
Ordinance. Staff believes that the reduced minimum separation in regards to
short term lodging is appropriate as a base standard that can be further
evaluated as part of the Special Use Permit process.
Provided the City Council approves the ordinance to adopt the proposed
text changes, it can be concluded that the property meets Temporary Batch
Plant Standard (a) for a Special Use Permit, as of the publishing of the
ordinance in the Ames Tribune.
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b. If the tract, parcel or lot on which the proposed use is located is less than
250 feet from a tract, parcel or lot containing a commercial use.
Findings of Fact: The only business establishment within 250 feet of the site is
Ames Auto Motor, located at 1820 S. Dayton Place. This use is classified as
vehicle service and repair, in Article 5 of the zoning code, which is in the category
of "Miscellaneous Uses," not the "Trade Use Category," which includes a wide
range of commercial uses.
Conclusions: Since there is no "commercial use" within 250 feet of the site,
it can be concluded that the property meets Temporary Batch Plant
Standard (b) for a Special Use Permit.
C. For more than six although an approved use can receive a single extension
of up to an additional three months by the Board provided the initial
approval has not expired.
Findings of Fact: The applicant proposes to locate the temporary batch plant on
the site in May, 2017, following all required approvals by the City, and intends to
have the site cleared of all batch plant equipment, site features and activities by
December 31, 2017. This will constitute a time period of approximately 7-1/2
months. The applicant is requesting the single extension of the additional month,
and approximately two weeks, at this time, as part of the approval granted for the
Special Use Permit.
Conclusions: The applicant's requested time period for the temporary batch
plant is within the maximum of nine months for the proposed use to occupy a
site. It can be concluded that the property meets Temporary Batch Plant
Standard (c) for a Special Use Permit.
General Standards.
(i) Be harmonious with and in accordance with the general principles and
proposals of the Land Use Policy Plan of the City.
Findings of Fact: The subject property is designated as "Highway-Oriented
Commercial" on the Land Use Policy Plan (LUPP) Future Land Use Map. The
zoning, "HOC", is consistent with the land use designation. Properties to the
north and east of the site are located within the Ames corporate limits, and have
the same LUPP and zoning designations as the subject property. Existing
development complies with the Zoning and Future Land Use Maps. The area
includes a number of hotels and restaurants, as well as, retail and service
commercial uses. A temporary concrete and asphalt batch plant is subject to
approval of a Special Use Permit.
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Conclusions: It is recognized that certain large private and public projects
require the establishment of temporary facilities for the preparation of Portland
cement concrete or asphaltic cement concrete. These facilities have been
constructed rarely within or near the City and it is anticipated that they will
continue to be a rare occurrence. However, it is necessary to accommodate
them on a temporary basis and in a manner that will reduce their expected
impacts on surrounding properties. It can be concluded that the property
meets General Standard (1) for a Special Use Permit.
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.
Findings of Fact: The concrete and asphalt batch plant is a temporary (a
maximum nine month approval). At the time the batch plant is removed from the
site, the applicant states that the existing gravel and pavement on the site will be
removed to make the site more visually appealing.
Conclusions: Since the condition of the site, once the batch plant is removed,
will be a significant improvement over the existing condition, with removal of all
existing gravel and pavement, it can be concluded that the property meets
General Standard (ii) for a Special Use Permit.
Not be hazardous or disturbing to existing or future uses in the same
general vicinity.
Findings of Fact: There is a mix of uses in the general vicinity, including
commercial retail/service, short-term lodging, vehicle service andrepair, and a
sand and gravel operation outside city limits. Traffic from the site will be directed
to the interchange of S. Dayton Avenue and U.S. Highway 30, where the truck
traffic from this site will access U.S. Highway 30 and 1-35 for their paving
projects. Dayton Avenue may also be used as a route through the eastern
portion of the community to reach the third road paving project between Ames
and Gilbert. The site itself is separated from the commercial retail/service and
short-term lodging uses by the U.S. Highway 30 right-of-way.
Conclusions: Use of the site as the location for a temporary batch plant, should
not be disturbing or hazardous to existing and future uses in the area as it is an
allowed miscellaneous use and deemed compatible with the surrounding existing
uses, on a short term basis. It can be concluded that the proposed temporary
development meets General Standard (iii) for a Special Use Permit.
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(iv) Be served adequately by essential public facilities and services such as
highways, streets, police, fire protection, drainage structures, refuse
disposal, water and sewage facilities, and/or schools.
Findings of Fact: No additional public services will be required for the temporary
batch plant structure. There is no change to the emergency access to the site. It
can be served by existing infrastructure.
Conclusions: This property is already served by essential public facilities and
services. Therefore, it can be concluded that the property meets General
Standard (iv) for a Special Use Permit.
(v) Not create excessive additional requirements at public cost for public
facilities or services.
Findings of Fact: No changes are proposed for the site, that rely upon public
services.
Conclusions: The new use will not create additional requirements at a public cost
for public facilities. Therefore, it can be concluded that the property meets
General Standard (v) for a Special Use Permit.
(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.
Findings of Fact: The standards for temporary batch plants, in Section 29.1311 of
the Municipal Code, were designed to reduce the expected impacts on
surrounding properties, by establishing minimum distances from residential and
commercial uses, and by limiting use of the site as a batch plant to a maximum of
nine months. Traffic and noise will increase for the duration of the batch plant
operation.
Conclusions: Although the proposed use will create additional traffic and noise,
during operation of the batch plant, the impacts will be limited with the criteria in
place for minimum distances from other uses, and limits placed on duration of the
use of the site for a batch plant. Therefore, it can be concluded that the
property meets General Standard (vi) for a Special Use Permit.
(vii) Be consistent with the intent and purpose of the Zone in which it is
proposed to locate such use.
Findings of Fact: The proposed use of the site as the location for a temporary
batch plant is permitted within the HOC (Highway Oriented Commercial) zoning
district, provided a Special Use Permit is granted by the Zoning Board of
Adjustment. All temporary principle and accessory structures and storage of
materials shall meet the setbacks of the zone in which it is located. The
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proposed batch plant meets the minimum setbacks required in the HOC zone.
The temporary establishment of such a use is exempt from the General
Development Standards of Article 4, Chapter 29 of the Municipal Code.
However, the Board may apply such standards, or any other appropriate
standard, as a condition of approval as it seems necessary for the general
welfare, for the protection of individual property rights, and for ensuring that the
intent and objectives of the Ordinance will be observed.
Conclusions: The proposed use is consistent with the intent and purpose of the
HOC zone, and the applicant's proposal meets the minimum criteria for
separation from residential and commercial uses, within a certain distance,
provided the City Council approves the zoning text amendments to classify short
term lodging as a commercial use, and not a residential use for the purpose of
determining the minimum distance separating the batch plant from the hotels on
the north side of Highway 30. On this basis, it can be concluded that the
property meets the General Standard (vii) for a Special Use Permit.
Commercial Zone Standards.
(i) Be compatible with the potential commercial development and use of
property planned to occur in the area.
Findings of Fact: The proposed batch plant is a short term (nine months) use that
will be completely removed from the site, within the nine month time period. In
addition, the applicant will remove all existing gravel and pavement on the site.
Conclusions: The proposed use of the site as the location for a batch plant is
temporary (nine months maximum). Given that the applicant has agreed to
remove all existing gravel and pavement on the site at the time that the batch
plant is also removed from the site, will enhance the appeal of the site for future
commercial development, and will not negatively impact the future potential use
of the site for commercial development. It can be concluded that the
development meets Commercial Zone Standard (i) for a Special Use Permit.
(ii) Represent the sufficiently desirable need for the entire community that the
loss of commercial land is justifiable in relation to the benefit.
Findings of Fact: There will be no loss of commercial land with this proposal. Use
of the site as the temporary location for a batch plant is recognized as a
requirement for certain large private and public projects within and near the
community on a periodic basis.
Conclusions: Since no commercial land will be lost, it can be concluded that
the proposed use meets the Commercial Zone Standard (ii) for a Special
Use Permit.
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(Ili) Be consistent with all other applicable standards in the zone.
Findings of Fact: A temporary batch plant is exempt from the General
Development Standards of Article 4, Chapter 29 of the Municipal Code. The
batch plant is required to meet the minimum required setbacks within the HOC
zone. However, the Zoning Board of Adjustment may apply such standards, or
any other appropriate standard, as a condition of approval of the Special Use
Permit.
Conclusions: The proposed batch plant meets the minimum required setbacks in
the HOC zone. There are no other development standards that staff
recommends the Board include as a condition of approval of the SUP.
Therefore, it can be concluded that the development meets Commercial
Zone Standard (Ili) for a Special Use Permit.
PUBLIC COMMENTS:
Notification was made to all owners of property within 200 feet. A notice of public
hearing was placed on the property and published in the newspaper.
ALTERNATIVES:
1. The Zoning Board of Adjustment can approve the Special Use Permit for a
temporary concrete and asphalt batch plant at 1811 S. Dayton Place, 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 the text amendments proposed to Section 29.1311 of the Municipal
Code, be approved by the City Council, and the ordinance adopting the
text amendments be published in the Ames Tribune.
b. That the temporary batch plant be cleared from the site, including all plant
equipment, supplies, temporary site features, and all other items related to
the batch plant, no later than December 31, 2017.
c. That all gravel and paving on the site be removed from the site no later
than December 31, 2017.
2. The Zoning Board of Adjustment can approve the Special Use Permit for a
temporary concrete and asphalt batch plant at 1811 S. Dayton Place, 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.
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3. The Zoning Board of Adjustment may deny the Special Use Permit for a
temporary concrete and asphalt batch plant at 1811 S. Dayton Place, if the Board
finds and concludes:
a. That the proposed Special Use Permit is not consistent with adopted
policies and regulations, and/or
b. That the Special Use Permit will impose impacts that cannot be
reasonably mitigated, and/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 temporary concrete and asphalt batch
plant at 1811 S. Dayton Place, with the conditions noted.
SAPLAN_SHR\Council Boards CommissionsVBA\Special Use Permits\1811_S Dayton Place-Temp Batch Plant_SUP-05-10-17.doc
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Attachment A: Location Map
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Highway-Oriented Gommercial Zme'HOC"(sec29.804)
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1811 S. Dayton Place .
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Attachment C: Proposed Text Changes
(Additions are underlined. Deletions are shown as strike-through)
Sec 29.1311. Temporary Concrete and Asphalt Batch Plants.
(1) It is recognized that certain large private and public. projects require the
establishment of temporary facilities for the preparation of Portland cement
concrete or asphaltic cement concrete. These facilities have been constructed
rarely within or near the City and it is anticipated that they will continue.to be a
rare occurrence. However, it is occasionally necessary to accommodate them
on a temporary basis and in a manner that will reduce their expected impacts on
surrounding properties.
(2) The Zoning Board of Adjustment can authorize a Special Use Permit for a
temporary concrete or asphalt batch plant only after a . public hearing in
accordance_ with the submittal and approval procedures set out in Section-
29.1503.
(3) The Special Use Permit shall not be granted:
a. . if the tract, parcel or lot on which the proposed use is.located is: less than 500. .
feet from a tract, parcel or lot containing a residential use of household or
group living.
b. If-the tract, parcel or lot on which the proposed use is located is. less than 250
feet from a tract, parcel or lot containing a:commercial use or short term
lodging..
c. For more than six months, although except that an approved use can receive
a single extension of up to an additional three months-by the Board provided
the initial approval has not expired.
(4) Additional Requirements_
a. - All temporary principle and accessory structures -and storage of materials
shall meet the setbacks of the zone in which it is located.
b. The temporary establishment of such a use is exempt. from the General
Development Standards of Article 4 of the Zoning. However, the Board may
apply such standards, or any other appropriate standard, as a condition of
approval as it sdeems 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.
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