HomeMy WebLinkAboutA6 ITEM #: 4
DATE: 09-27-17
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: September 22, 2017
CASE FILE NO.: SUP-273
REQUEST: Amendment to the Special Use Permit to allow one year extension for a
yard waste collection and transfer facility at 220 and 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. In previous years, they operated the business outside of the City at
26107 530t" Avenue (Black's Farm). In April of this year, Chamness received a Special
Use Permit from the Board to operate out of 400 Freel Drive. The Board approved a
condition that the permit would expire on May 1, 2018 by which time all material and
equipment must be removed from the site. The condition also stated that if the site is
sought for use again in 2018, the applicant will need to seek a new Special Use Permit.
The site is zoned General Industrial and has no buildings or other notable
improvements on the site. The site is also within the Floodway Fringe. A location map is
found in Attachment 1. The original approved plan included an internal circulation plan
to direct vehicles into the site from Freel Drive, circulate through the site in a
counterclockwise manner to unload, then exit the site at the same location on Freel
Drive. That circulation plan is found in Attachment 2. Traffic for yard free waste days is
directed to approach the Freel Drive site from SE. 5t" Street then exit north to Lincoln
Way (See Attachment 3).
The applicant now wishes to extend the approval to May 1 , 2019 to allow them an
additional year of use. Chamness's current contract with the City extends until
December 31 , 2018. The applicant also seeks to modify the circulation pattern to exit
the site at a different location on Freel Drive. The proposed new exit is through 220
Freel Drive to the northwest of the drop off site. The same general circulation pattern
will be follow for approaching the site from the south and exiting to the north.
The yard waste collection site is open on Monday, Wednesday, and Friday afternoons
and Saturday mornings through late fall. Customers can bring their yard waste and, for
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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 show up during the course of the morning or afternoon.
Community-wide free yard waste collection days are also hosted at the proposed site.
Once in the spring and four times in the fall, there are free yard waste days when Ames
residents can drop off accumulated yard waste. These events occur on Saturdays.
Upcoming dates are October 21, November 4 and 18, and December 2.
Yard waste is collected and stored at the east end of the property. When a sufficient
amount has been collected, the material is ground up (if needed) and loaded onto
trucks, covered, and transported to Eddyville. A grinder/chipper is brought on site when
needed to reduce the bulk of the material prior to loading.
Access to the drop off area is from Freel Drive, looping around the eastern portion of the
lot (see site plan). The physical improvements needed to conduct this are minimal. A
stabilized construction entrance of rock, 25 feet by 50 feet, was placed at the entrance
of the site prior to its use this spring. Staff is recommending that a similar stabilized
construction entrance be installed at the new exit on Freel Drive. Staff will recommend a
condition of approval that the rock entrance be installed prior to the first free yard waste
day on October 21. A Flood Plain Development Permit will be needed for this rock
placement.
There is a single employee during regular collection days. Free yard waste days will
have 15 to 20 more employees and volunteers on site.
There are no public utilities for the site. A temporary porta-potty was set up for
employee use.
During the five free yard waste days, additional traffic is expected. The applicant and
the city traffic engineer prepared a traffic management pattern that seemed appropriate
at the free yard waste day last May. It reduced congestion on Lincoln Way to the north
and kept the queued traffic off of arterial and collector streets. As in May, on free days,
signage will be posted to direct eastbound traffic on Lincoln Way to South Dayton
Avenue, thence south to SE 5t" 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 5t"
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 reserves the right to, after the next free yard waste day in October, to amend the
plan (fall yard waste days generally see higher levels of traffic than the spring days).
See the traffic flow map on Attachment 3.
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
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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
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 zoning
action notice 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.
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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
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. As this use occurs only because of the contract
with the City of Ames, staff is recommending that the duration of the Special Use Permit
terminate with the expiration of the contract on December 31, 2018. The contract can be
renewed with the consent of both parties and, if so, Chamness would need to seek
another Special Use Permit amendment for one additional year prior to operation in
2019.
ALTERNATIVES:
1. The Zoning Board of Adjustment can approve the Special Use Permit for a yard
waste collection and transfer facility at 220 and 400 Freel Drive, based on the
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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 exit to the site prior to the first free yard waste day on
October 21. A flood plain development permit is required for this.
b. That the approval of the use be allowed through December 31 , 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 2019, the applicant will need to seek a
new Special Use Permit.
2. The Zoning Board of Adjustment can approve the Special Use Permit for a yard
waste collection and transfer facility at 220 and 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 220 and 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 220 and 400 Freel Drive with the conditions noted.
SAPLAN_SHMCouncil Boards Commissions\ZBA\Special Use Permits\220-400_Freel-Yard_Waste_SUP-09-27-17.docx
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Attachment 1: Site
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Attachment 2: Previously Approved Internal Plan
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SITE PLAN
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LAND SURVEYING, INC. 400 FREEL DRIVE
AMES, IOWA
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DEC 2 9 2005
CITY OF AMES.IOWA
DEPT.OF PLANNING&Housimo
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Attachment 3: Site Location and Traffic Flow
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