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Home My WebLink AboutA004 - Staff Report dated February 7, 2019 ITEM #: 4 DATE: 02-13-19 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: February 7, 2019 CASE FILE NO.: SUP-000572 REQUEST. Special Use Permit to allow a yard waste collection and transfer facility at 220 & 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 two years at 220 & 400 Freel Drive. Chamness now seeks to extend the yard waste operation for an additional two years at the same location. 220 & 400 Freel Drive. 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 8am-4pm 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 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 paved and remain as grassed area. A stabilized construction entrance of rock, 25 feet by 50 feet, currently exists as was installed in May of 2017. There is an existing fence at the front property line and a gate that has been installed to prevent after-hours dumping. There will be a single employee during regular collection days. Free yard waste days will have up 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 511 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 5'1 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. A flood plain development permit has been approved for use of this site based on the proposed activities. 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 of the area in which it is proposed: iii Not be hazardous or disturbing to existing or future uses in the same ( ) 9 9 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 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. This use has been in operation for three years serving the needs of the City for yard waste management. The traffic patterns and management of potential nuisance issues have been adequately addressed previously and support allowing for a two-year extension. 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 the approval of the use be allowed through December 31 , 2020 by which time all material and equipment shall be removed from the site and the site restored to its current or better condition. b. If the site is sought for use again in 2021, 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 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 & 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 & 400 Freel Drive with the conditions noted. Attachment 1- Site Location I I Exit _w Drop Off and Storage Area Entrance -- - F M t� 200 40C A m e s N Feet Attachment 2: Previously Approved Internal Plan ............... N'Agg'!- M -V iI- 4 L 11;11 11ii IT: I LJ AT v.,"Pal f 12 1'I 114 '! ! ;- il.h I '. T R J, m r A - - -_----____ �- - -------------- 5TUME30 4 A55061^TE5 SITE PLAN13� FAM LAND SURVEYING, 1W DEC 2 P* CITY OF A1111,IMA DEPT OF PLANNING&HOUSING .............. NoR g-50N. K gr4 I H! 5"i !1 -93910 pa a r o'l, m m —n r M m M > > C." -n -n > cn cf) -—------------------- m --------- ----k. -------------- -- --- -- -------------- ------ 5TUME30 4 ASSOCIATE5 SITE PLAN 400 FnEEL onlVE r.I=., f— LAND SURVEYING, ING. nMES. 164 102 0 ED DEC 2 9 2005 CITY OF AMES.IOWA DEPT.OF PLANNING&HOUSING -—fl W03 -veld IeUJOIUI P0AojddV Ajsn0lAGJd :Z luGw43eUV Attachment 3: Neighborhood Traffic Flow with Site Location ��;.4,�� '. fit.;=s• :3J' �. 4 gla`1 1 1 Ci w I� i ELIPdCO�W�� r •,� �m- q u� a r > 1 r' _r._--- �� '�, t •°�� a VJ -�'a � J i t I I I� 0 200 400 \ Ames Feet N