HomeMy WebLinkAboutA4 Item #: 3
Date: 10/25/17
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: October 19, 2017
MEETING DATE: October 25, 2017
APPEAL FROM A DECISION OF THE PLANNING & HOUSING DIRECTOR ON
MINOR SITE DEVELOPMENT PLAN APPROVAL BY AN ABUTTING PROPERTY
OWNER:
The appellant asserts that the approval of the Minor Site Development Plan at 2105
East Lincoln Way contains a storm water detention feature will contain standing water in
close proximity to the property at 2017 East Lincoln Way causing insects to affect the
operations at 2017 E Lincoln Way.
PROPERTY OWNER(S): LDY, LLC, 105 South 16t" Street
APPELLANT: Wayne Larson, 2017 East Lincoln Way
LOCATION: 2105 East Lincoln Way (Attachment A)
ZONING: General Industrial (GI)
SUPPORTING INFORMATION: See the Appeal from a decision of the Planning
Director (Attachment B), applicable codes (Attachment C), Minor Site Development
Plan.
BACKGROUND:
The owner of 2105 East Lincoln Way, applied for a Minor Site Development Plan on
August 15, 2017. The subject property is located in the LDY Subdivision. The
subdivision consists of three lots (1-3) of which 2105 East Lincoln Way is the furthest
west lot, known legally as Lot 1. The plan was reviewed through the Development
Review Committee process. Approval for work to begin on portions of the site was given
on September 12, 2017 and a full Site Development Plan was issued on October 2,
2017. The approved Site Development Plan consists of the construction of a new
industrial building, parking and maneuvering area at 2105 East Lincoln Way as well as
maneuvering area on the abutting lot to the east near an existing industrial building.
Landscaping, water, sanitary sewer and storm water treatment are also required as part
of the Minor Site Development Plan.
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The storm water treatment measures for the site include grading and retention of storm
water for all three lots in the LDY subdivision including 2105 East Lincoln Way (Lot 1)
and two neighboring lots (Lots 2 & 3) to the immediate east in the LDY subdivision. The
topography of the site drops in elevation from north to south with the lowest point
located near Lincoln Way. (The approved Minor Site Development Plan is included in
the packet)
BASIS OF DEPARTMENT DECISION
The Minor Site Development Plan was reviewed for conformance to City ordinances. A
Minor Site Development Plan must fulfill all of the design considerations listed in the
Minor Site Development Plan criteria in Chapter 29.1502(3) (See Attachment B)
including requirements for general development standards and all requirements for the
General Industrial zone including setbacks, building scale and height, site coverage,
required parking and landscaping. The Minor Site Development Plan for 2105 East
Lincoln Way was found to meet all criteria.
As a result of the increased impervious area on the site, a storm water retention facility
is required to be constructed on the site to comply with storm water requirements found
in Chapter 5A & 5B of the Ames Municipal Code. Storm water features are reviewed
and approved by the Ames Public Works Department. These standards require a given
storm water release at pre-defined rates and treatment of water quality at pre-defined
standards. These standards apply to all development within the City. Storm water
features have been constructed in numerous areas throughout the City in all zones
including industrial, commercial and residential. Storm water detention and retention is
required both in subdivisions as regional collection design and on individual sites if no
regional collection is available or feasible. The design that the applicant chose for the
storm water feature at 2105 East Lincoln Way was reviewed by the Public Works
Department and found to meet the requirements of the storm water ordinance. The
proposed design for the site was found to comply with Site Development Plan criteria.
BASIS FOR APPEAL OF DECISION:
The appellant's ability to appeal a Minor Site Development Plan is given in Chapter
29.1403(8) (Attachment B) as an aggrieved person based upon the decision of the
Planning Director. In this case, the appellant believes that the presence of the pond
near the appellant's property will encourage the spread of insects which will thereby
interfere with the auto body repair process at the appellant's business located at 2017
East Lincoln Way, possibly ruining the finish of a newly painted vehicles and causing
irreparable harm to the business. Specifically, the criteria in Chapter 29.1502(3)(f)(x)
sets standards for ensuring that a development shall limit undesirable elements such as
nuisances and disturbances to acceptable levels as prescribed in other City and State
regulations. Although not specified by the appellant the criterion most closely relates to
the appellant's assertion in this case. The Zoning Board of Adjustment must
consider if staff errored in its approval of the Minor Site Development Plan in
relation to the criteria in Chapter 29.1502(3).
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STAFF COMMENTS
Staff disagrees with the contention of the applicant. The Minor Site Development plan
standards and storm water management criteria are adequate to meet current
standards found in Chapter 29.1502(3) for the proposed development at 2105 East
Lincoln Way. The appellants claim that the presence of insects would be increased and
could adversely affect business operations at the appellant's property are not founded
and extremely hard to predict. The ability to determine when and where insects will
occur in nature is outside of the purview of the zoning ordinance and storm water
management ordinance. Staff believes the Minor Site Development Plan was approved
correctly in that it is consistent with the standards and ordinances of the City.
Additionally the type of storm water facility in the approved project is similar to other
features that exist throughout the community with no known nuisance effects.
ALTERNATIVES:
1. The Zoning Board of Adjustment can find that the Planning & Housing Director
approved the Minor Site Development Plan for 2105 East Lincoln Way correctly
as per all requirements found in the Ames Municipal Code.
2. The Zoning Board of Adjustment can find that the Planning & Housing Director
approved the Minor Site Development Plan for 2105 East Lincoln Way incorrectly
as per all requirements found in the Ames Municipal Code and that the Minor Site
Development Plan must be remanded back to staff.
3. The Zoning Board of Adjustment can table this appeal and request additional
information from City staff or the applicant.
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Attachment A-Site Location-LDY Subdivision
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2105 East Lincoln Way
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Location Map
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Attachment B- Appeal Letter
Attachment B- Cont.
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Call 232.3000 N 2017 , Lincoln Way
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www.waynelarsoncollision.com Ames,Iowa -
• LLISIOI`1 SPECIALIS"I5 Fax 515 232 13 31 31 l5
Aare;/owa
Chair,Zoning Board of Adjustments
515 Clark Avenue
Ames,IA 50010 SEP 2 8 2017
Re: Retention Pond at 2105 East Lincoln Way CITY CLERK
CITY OF AMES.IOWA
To whom it may concern,
Pursuant to Ames Municipal Code Section 29.1403(8),I am writing to you regarding the
Retention Pond being constructed East of and immediately adjacent to my property located at
2017 East Lincoln Way. The first notice I had of the construction of this Pond was yesterday
afternoon when I noticed the excavation equipment.
While I understand the importance of controlling the run-off from what I understand will be a
large parking lot on the property to my East,I am greatly concerned by the probable and likely
adverse impact this pond will have on my business.
Wayne Larson Collision Specialists is a full-service Auto and Truck Body Repair and Painting
company that has been in business in Ames since 1975. In order provide my customers the
highest quality they have come to expect,it is essential that I maintain an environment free from
contaminants and pollutants. Mosquitos and gnats are especially challenging as they can ruin the
surface of a newly painted vehicle. To protect against this,I have taken measures over the years
to insure there is no standing water on my property or around my buildings. I installed
permeable pavement over much of my property and keep all waterways free and clear of
obstructions so water can flow away and into the storm sewer system. I
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This pond,which is scarcely 100 feet from my operations,will undoubtedly attract and serve as a
breeding ground for a large number of insects.The presence of so many insects will make it
extremely difficult to maintain a clean environment when painting and finishing vehicles. This
will result in unnecessary delays and expense in completing our work.
Until the property owners can provide evidence they will take all precautions necessary to insure
my business will not be irreparably harmed,I am asking that the City of Ames to stop any further
construction of this Retention Pond.
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I also ask that you or your staff provide me with a timely response of what steps the City will be
taking in this matter.
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Yours Sincerely
Wayne Larson
Wayne Larson Collisions Specialists
2017 East Lincoln Way
Ames,IA 50010-6547 j
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Attachment C-Applicable Code
APPLICABLE CODE: (Pertinent Sections Highlighted):
SECTION 29.1403(8)
(8)Appeals to the Board.
(a)General.Appeals to the Board may be taken by any person aggrieved by any decision of the Zoning
Enforcement Officer or by any officer,department,board,or bureau of the City affected by any decision of
the Zoning Enforcement Officer.Matters that may be appealed to the Board include decisions by the
Planning Director on Minor Site Plan Development Plan approval.
(b)Filing.A written notice of appeal must be filed with secretary to the Board within 30 days of a
decision,order,or requirement by an administrative official. The written notice of appeal must specify the
grounds thereof for the appeal.The secretary of the Board shall give notice of such appeal within 10 days
of the filing of the appeal to the Zoning Enforcement Officer and the Planning and Housing Director,who
shall forthwith transmit to the Board all papers and documents constituting the record upon which the
action appealed from was taken.
(c)Stay of Proceedings.The filing of an appeal stays all proceedings in furtherance of the action appealed
from,unless the Zoning Enforcement Officer certifies to the Board after notice of the appeal has been filed
with the Zoning Enforcement Officer that,by reason of facts stated in the appeal,a stay would,in the
Zoning Enforcement Officer's opinion,cause imminent peril to life or property.In such case the
proceedings shall not be stayed otherwise then by a restraining order that may be granted by a court of
competent jurisdiction on an application with notice to the Zoning Enforcement Officer and with due cause
shown.
SECTION 29.1502(3)
(3)Procedures for Approval of a Minor Site Development Plan.
For all uses listed in Article 6 through Article 10 that require a minor site plan approval by staff,the Planning
Director or designee shall review applications for development and issue a Certificate of Compliance certifying that
the Minor Site Development Plan conforms with this Ordinance.Upon receipt of such a Certificate,the Zoning
Enforcement Office shall issue a Building/Zoning Permit.
(a)Applications for a Certificate of Compliance shall be submitted to the Planning Director;
(b)The Planning Director shall prescribe the forms on which applications are made.
Applications shall include the name and address of the applicant,the name and address of the owner of each lot
involved,and the relationship of the applicant and property owner in connection with the application.If the
applicant or property owner listed on an application for a Certificate of Compliance is an entity other than a natural
person,the application shall also include detailed information regarding the principals of the entity.The Planning
Director shall prescribe any other material that may reasonably be required to determine compliance with this
Ordinance,with sufficient copies for necessary referrals and records.
(c)No application shall be accepted by the Planning Director unless it complies with the submittal requirement as
set forth in Section 29.1502(2).Applications that are not complete shall be returned to the applicant,with a notation
of the deficiencies in the application.
(d)Where an Engineering Construction Permit,Building/Zoning Permit,or Sign Permit is required,applications for
such permits may be made concurrently with the application for a Certificate of Compliance.
(e)Upon receipt of a complete application,the Planning Director shall forward copies to the
Development Review Committee for a determination of compliance with applicable provisions of this chapter.
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(f)Design Standards.When acting upon an application for minor site plan approval,the Planning Director shall rely
upon generally accepted site planning criteria and design standards.These criteria and standards are necessary for
fulfill the intent of the Zoning Ordinance,the Land Use Policy Plan,and are the minimum necessary to safeguard
the public health, safety,aesthetics,and general welfare.These criteria and standards include:
(i)The design of the proposed development shall make adequate provisions for surface and subsurface
drainage to limit the rate of increased runoff of surface water to adjacent and downstream property;
(ii)The design of the proposed development shall make adequate provision for connection to water,
sanitary sewer,electrical and other utility lines within the capacity limits of those utility lines;
(iii)The design of the proposed development shall make adequate provision for fire protection through
building placement,acceptable location of flammable materials,and other measures to ensure fire safety;
(iv)The design of the proposed development shall not increase the danger of erosion,flooding,landslide,
or other endangerment to adjoining and surrounding property;
(v)Natural topographic and landscape features of the site shall be incorporated into the development
design;
(vi)The design of interior vehicle and pedestrian circulation shall provide for convenient flow of vehicles
and movement of pedestrians and shall prevent hazards to adjacent streets or property;
(vii)The design of outdoor parking areas, storage yards,trash and dumpster areas,and other exterior
features shall be adequately landscaped or screened to minimize potential nuisance and impairment to the
use of adjoining property;
(viii)The proposed development shall limit entrances and exits upon adjacent streets in order to prevent
congestion on adjacent and surrounding streets and in order to provide for safe and orderly vehicle
movement;
(ix)Exterior lighting shall relate to the scale and location of the development in order to maintain adequate
security,while preventing a nuisance or hardship to adjacent property or streets;
(x)The proposed development shall ensure that dust and other forms of air pollution,noise disturbances,
odor,glare,and other nuisances will be limited to acceptable levels as prescribed in other applicable State
and City regulations;and
(xi)Site coverage,building scale,setbacks,and open spaces shall be in proportion with the development
property and with existing and planned development and structures,in adjacent and surrounding property.
(g)Planning Director Decision.Final action by the Planning Director or designee on an application shall be based
solely on findings as to compliance with all applicable provisions of this Ordinance and shall be one of the
following:
(i) Approval;
(ii)Approval subject to conditions;or
(iii)Denial.
The Planning Director may impose such reasonable conditions on an approval as are necessary to ensure compliance
with applicable regulations.
Final action by the Planning Director shall be taken within 30 days of the filing of an application or within such
further time consented to by written notice from the applicant.
(h)Applicant's Appeal of Conditions.An applicant may appeal any conditional approval to City Council upon
written notice to the Planning Director.
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(i)Other Approvals.In conjunction with Minor Site Development Plan approvals,the applicant shall obtain and
submit all other approvals,in writing,required by any other local,state or federal agency.
Such prior approvals include:
(i)Variance from Zoning Board of Adjustment;
(ii)Curb cut;
(iii)Flood Plain Development Permit;
(iv)Historic Preservation Commission Approval;
(v)Iowa Department of Transportation Permit(s);and
(vi)Sediment&Erosion Control Plan Approvals.
All such approvals shall be duly noted on a copy of the site plan and/or building plan,as applicable.Any such plan
shall include the date of approval and signature of the approval official,as applicable.
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