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HomeMy WebLinkAboutA1 2255 LITTLE WALL LAKE ROAD•BLAIRSBURG,IA 50034.515-325-6I33.515-325-6134(F)•www. Efl'ECI OGY.c Bio Services To Grow One FEB 12 2021 CHAMNESS TECHNOLOGY, INC. CITY CLERK C1TY OF AMES,IOWA February 1 . City of Ames RECEIVE D Department of Planning&Housing FEB 10 515 Clark Avenue 2021 Ames, Iowa 50010 CITY OF AMES IA DEPT OF PLANNING AND HOUSING Re: Appeal of a Decision by a Zoning Official in regards to a Special Use Permit Application For 220/400 Freel Drive Ladies and Gentlemen— In accordance with Chapter 29 Section 1403(8) of the Municipal Code of the City of Ames, enclosed.are the application.materials to support our Appeal of a Decision by a Zoning Official in regards to our Special Use Permit Application for a Special Use Permit for 220/400 Freel Drive to operate a Yard Waste Collection and Transfer Site at 220/400 FreeI Drive in support of the residents of the City of Ames. We would respectfully request that this application be submitted for review/approval at the earliest possible convening of the Zoning Board of Adjustment and that we be provided with the date,time and criteria for attending that meeting to discuss not only the Appeal,but our Special Use Permit Application. . Please c6ntact me with any questions and concerns. I can reached by cell phone(preferred) at 515-450-0773 or by e-mail at dmaccrea@,chamnesstechnology.com and my personal e-mail address—dmaccreaRminail.com. It is recommended that should you reach out to me via e-mail that you do so using both e-mail addresses for a speedier response. Thank you for your assistance in this matter. I look forward to hearing from you as consideration of this Appeal and our Special Use Permit Application moves forward. and approval of this request moves forward. Regards, Doug MYCrea Project Manager �����G oOl 133�2oZ1 Effective Date: August 4, 2020 RECEIVED Appeal from a Decision FEB 10 2021 of the Zoning Enforcement Officer CITY OF AMES lA Application Form DER OF PLANNING AND HOUSING (This form must be completely filled out before the application will be accepted.) I. Property Address for this Appeal Application (if applicable): 400 & 220 Freel Drive 2. Legal Description (attach if lengthy): See attached sheet _ 3. 1 (We) the undersigned, do hereby respectfully appeal to the Ames Zoning Board of Adjustment alleging that an error has been made or appealing a decision of enforcing in connection with(Attach if sufficient space is not provided.) See attached sheet 4. Property Owner: Freel Family LP Business: Address: 6874 US Highway 69 Ames IA 50010 (Street) (City) (State) (Zip) Telephone: 515-233--3222 (Home) (Business) (Fax) 5. Applicant Chamness Technology, Inc. dba GREEN RU, LLC Business: GREEN RU, LEC Address: 2255 Littlw Wall Lake Road Blairsburg IA 50034 (Street) (City) (State) (Zip) Telephone: 515-325-6133 515-325-6134 (Home) (Business) (Fax) 6. Contact Person: Doug MacCrea Business: rhampess Technology, Inc. dba GREEN RU, LLC Address: 2255 Little Wall Lake Road Blairsburg, IA 50034 (Street) (City) (State) (Zip) Telephone: 515-325-6133 515-325-6134 (Home) (Business) E-mail address: dmaccrea@chamuesstechnology.com a IE 3 FEB 1:2 2021 'GIN CLERK CITY OF AMES, IOWA Appeal from a Decision of the Zoning Enforcement Officer Application Form Addendum — 2._ Legal Description: Lot 3 Pete Cooper Subdivision Ames & Lot 11 Woodland Acres Plat 2 Ames l (We) the undersigned, do hereby respectfully appeal to the Ames Zoning Board of Adjustment alleging that on error has been made or appealing a decision of enforcing in conjunction with: The Special Use Permit Application submitted on January 14,2021 for use of the above mentioned location as a Yard Waste Collection and Transfer Station for the residents of the City of Ames and Story County,specifically that the Planning Department has incorrectly made invalid assumptions and interpretations regarding City Zoning Ordinances in reviewing and processing this application. Effective Date:August 4,2020 The Zoning Board of Adjustment may grant an Appeal,provided the Board finds that there Is an error In any order,requirement, decision,or determfnatlon made by an administrative official In the enforcement of Chapter 414 of the Code of Iowa or of any ordinance adopted pursuant thereto. This Appeal will not be granted unless sufficient facts are presented in this application and at the Zoning Board of,Adjustment hearing to support a position finding by the Board. Concurrence-with.this Appeal by the Zoning Board of Adjustment In noway absolves the applicant from subsequently obtaining the necessary building,permits or!other permits from the City of Ames or from any other applicable agency. I(We)certify that I(we)am(are)familiar ivith all applicable ordinance-s and codes and I(we)have -submitted all the necessary infornmation to filly understand this appeal. Signed by: Date, -- - - Propert wner(s) Gary A. Freel Print Name E (Note: No other signature may be substituted for the Property Owner's Signature.) _ 1 I i i i 4 Effective Date: August 4, 2020 Appeal from a Decision of the Zoning-Enforcement officer Supporting Information _. . r (This form must be filled out completely before your application will be accepted.) As provided .'by Section 414.12 .of the Iowa Code, Section 29.1403(7)(a) of the zoning -_ ---=- . --Ordinance grants,power-to the-Zoning Board of Adjustment to hear and decide appeals - where- if is_.alleged that, there is an error in any order, requirement, decision, or determination made -by..an 'administrative official in the enforcement of the Zoning Ordinance. In order,to facilitate review of this application for an appeal the appellant must provide sufficient_ facts to.support the appellant's position. (Note: Additional facts may be attached on a separate sheet if sufficient space is not provided.) See attached sheet 5 Appeal from a Decision of the Zoning Enforcement Officer Supporting Information Form Addendum Additional Facts: Both properties listed on the Special Use Permit application are zoned General Industrial. _--._Table 29.901(2) (Chapter_29_Article 9 of the Zoning Ordinances revised 01-01-2021)-General Industrial — -• -- =--Zone Uses—states that a Special Use Permit, authorized by the Zoning Board of Adjustment is required for the specific use of property within .Other uses in the General Industrial Zone specifically state that Minor Site Development Plans are required. Table 29.501(4)-5 (Chapter 29 Article 5-9 of the Zoning Ordinances revised 01-01-2021)) lists Waste Processing and Transfer and defines it as: "Uses that receive solid or liquid wastes from other uses for disposal storage or treatment on-site or for transfer to another location; use that collect sanitary wastes; uses that treat contaminated materials; uses that process materials for recycling; and uses that manufacture or produce goods or energy from the composting or organic material. Table 29.501(4)-5 (Chapter 29.Article 5-9 of the Zoning Ordinances revised 01-01-2021)) lists allowed Accessory Uses to include:Offices, recycling of materials, and repackaging and transshipment of by- products. This location was the recipient of.a Special Use Permit,approved by the Zoning Board of Adjustment in 2019 to operate a Yard Waste Collection and Transfer Site (Permit#SUP-72)that expired on December 31,2020. The Special Use Permit Application provided by the City Planning Department(via e-mail)on December 141 2020 lists the Application Process and fees required.The Application Packet Cover Letter states that once the application has been accepted as complete, it will be forwarded to the ZBA for review within 12--26 days.There is no mention of a review by a Development Review Committee or any information regarding this Committee or its involvement with the Special Use Permit(SUP)Application or SUP process. The Application also states,that if the Application is determined to be incomplete and additional information is required,the process will not start until the Application is considered complete. The Special Permit Application for use of the properties at 400&220 Free[ Drive as a Yard Waste Collection and Transfer Site,for a period of three years,was submitted to the City Planning Department on January 14,2021. The use of the 220 Free[ Drive Site would be utilized for outgoing traffic only,five times per year and not used on a daily basis. On January 18,2021 the City Planning Department sent a letter stating that the application was received and considered complete. This letter also noted that the Application would be reviewed by the Development Review Committee and if there were additional questions,a meeting with the applicant would be scheduled. No previous _mention of a Development Review Committee or its purpose is mentioned in the application process prior to this letter nor was a meeting scheduled with the Applicant.. A review of the Special Use Permit Application was conducted by the Development Review Committee on January 27.The applicant was not contacted by the Planning Department that there were additional questions or concerns until after the Review was conducted, thereby denying the Applicant the opportunity to address any of the concerns/issues raised by the Development Review Committee. Planning Department members of the Development Review Committee decided that a Minor Site Development Plan and a Flood Plain Development Plan needed to be prepared and submitted based upon_their.interpretation that the entryway and parking areas of the Yard Waste Site needed to be paved per Section 29.406(11)--Improvements to Off-Street Parking Areas.As a result of this determination,the Special Use Permit Application was to be held pending receipt and approval by the Planning Department of those two plans. The Site Plan provided in the Special Use Permit Application identified two locations for employee parking on site. Both locations(which are in close proximity of each other) are paved. One measures approximately 10 x 12 feet and the other approximately 15 x 20 feet. Either of these two areas is sufficient paved parking for the employee managing the yard Waste Site on a day-to-day basis (or even -------two employees-if necessary).The Applicant was not afforded the opportunity to inform the Development Review Committee of this. The Applicant was advised of the decision of the Development Review Committee by e-mail after normal working hours on January 27tn The Applicant e-mailed and conducted a telephone conversation with the Planning Department Staff the _morning of January 281n (after reviewing the e-mail with the Development Review Committee's decision) to discuss the Review Committee's findings. The response provided by the Planning Department Staff member during the phone calf indicated several reasons as to why the Planning Department Representatives on the Development Review Committee made their determination, among them,their interpretation that the site was to be "developed" for use as a Yard Waste Collection and Transfer Site (even though the Site Plan and supporting documentation submitted with the Special Use Permit Application clearly indicated that the Site would not be developed or modified in any manner),the age of the Site Plan drawing,that it was a copy of the drawing, and that because the request for the Permit followed a previously approved Special Use permit for the same purpose on the Site, it was "determined that the use was "permanent" in nature. During this phone call the Applicant stated that he wished to appeal the Development Review Committee's determination (specifically that of the Planning Staff) and asked how to initiate that process.The Planning department Staff member indicated that he would have to get back to me on the process. The Planning Department Staff provided written acknowledgement of the Applicant's desire to appeal on January 29, 2021 along with the necessary application forms to submit the appeal. In the Planning Department letter discussing the appeal process,the Planning Department reiterates the provisions of Article 29.406(11) and.also states that a Site Plan meeting the requirements of Section 29.1502(2) be submitted with the Special Use Application,that the copy of the Site Plan drawing included in the application is a copy of a Site Plan approved in 2006 for a different use and that that drawing does not meet the current minimum standards for paving. Section 29.406 addresses off-street parking requirements for residences and businesses,specifically those businesses where there are structures involved. Table 29.406(2) lists the minimum off street parking requirements by principal land use.While the use outlined in the Special Use Permit Application is not specifically listed, it does refer to requirements for _ "Industrial" Sites.This implies.that the parking requirements are based on the square footage of each building/structure located on the site. There are currently no buildings on this site, nor are there any planned or proposed for this Special Use Permit. If there are currently no buildings on the site, nor are there any being planned or proposed, the requirement for paved parking spaces(which the site does have), would appear to be invalid. Both properties listed on the'Special Use Permit Application are located on Freel Drive, a city maintained street,that is both paved and unpaved. The City Planning Staff also indicates that the entry way to the Site needs to be paved. Were the Site to be "developed" as that term is commonly defined, this would make sense in that you would not want dirt, etc.from the Site being tracked onto paved city streets. However,this location is an anomaly within the City in that it fronts one of, if not the only, unpaved street in the City. Common sense dictates that this is one instance where this requirement is not only excessive but would require regular repair and additional permits to maintain. The other entry ways to houses, businesses and undeveloped lots along the entire length of Freel Drive are not paved (the sole exception is at the NW corner of Freel Drive where a side entrance at Shaeffer Auto Body is paved to permit access to a building entrance that sits approximately three feet above ground level). The previously approved Special Use Permit required that the entry way be "paved" with gravel (which was done),which made sense given that that portion of Freel Drive was unpaved. Requiring that the entry way to this Site now be paved given its location and the fact that Freel Drive in this location is unpaved is unreasonable. The City Planning Department staff's assertion that the request for a Special Use Permit for a three year period, following the time period of the previously approved Special Use Permit, makes the request "permanent" in nature is subjective. Nowhere in Chapter 29 is listed a definition of what"permanent" is in relation to a specific use of location, nor does it place any limits on the length of time that a Special Use Permit may be requested for.The rationale for requiring a Minor Site Development Plan in support of this Special Use Permit Application based on that premise is unreasonable and unfounded. The Site Plan provided in support of this Special Use Application was in fact prepared by a licensed engineer in December 2005 and provided to the City Planning Department on December 29, 2005 (for what purposes and intent are unknown to the Applicant).The Site Plan submitted to the City in support of this Special Use Permit Application was the same Site Plan submitted to the Planning Department in _. support of-the previously approved Special Use Permit(without comment)for operation of a Yard Waste Collection and Transfer Site, and the accuracy of the Site Plan has not changed since it was originally submitted to the City.There is nothing listed in Chapter 29 which puts a shelf life or time limitation on the date of preparation of a submitted drawing (presuming that as long as that drawing is accurate and correct on the date of submission of the planning request). Fianlly,yes, the Site Plan drawing was a copy.The City Planning Staff requires seven (7)copies of a - — - -- drawing be-submitted with the application. Nowhere does it state in the application process or in _Chapter 29 that an original drawing needs to be submitted in support of a Site Plan for a Special Use Permit. i Effective Date:August 4,2020 Permission to Place a "Zoning Action Pending"Sign on Private Property (This form must be filled out completely before your application will be accepted.). Section 29.1500(2)(d)(iii) of the Zoning Ordinance, requires that notice shall be posted by the City on the subjeciproperty. The owner of property at 400 5 220 Freel Drive hereby grants the City of Ames permission to place "Zoning Action Pending"signs on the property for the purpose of informing _ . interested persons of the request for action by the City of Ames. I understand that the signs will be placed on the property several days prior to action on the request by Zoning Board of Adjustment and may remain on the property until the request has been approved or denied by the City. �I 1 Signed by; l'i Date: Fropeqq Owner Gary A. Freel Print Name (Note: Rlo other signature may be substituted for the Property Owner's Signature) 6 Item #: 2 Date: 03/10/21 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: March 5, 2021 MEETING DATE: March 10, 2021 APPEAL FROM A DECISION OF THE PLANNING DIRECTOR THAT VEHICLE AREAS REQUIRE PAVING WITH A MINOR SITE DEVELOPMENT PLAN AS PART OF A REQUEST FOR A SPECIAL USE PERMIT: The appellant asserts that the decision of the Planning Director to require a Minor Site Development Plan for the paving of vehicle areas (driveway and parking) as part of a Special Use Permit for a yard waste collection and transfer site at 220 and 400 Freel Drive was an incorrect interpretation of the Zoning Ordinance. PROPERTY OWNERS : Freel Family LP APPELLANT: Chamness Technology, Inc. dba Green RU, LLC LOCATION: 220 and 400 Freel Drive ZONING: General Industrial (GI) SUPPORTING INFORMATION: See Attachment A — Supporting Information from the Appellant. BACKGROUND: The appellant applied for a Special Use Permit to operate a yard waste collection and transfer site at 220 and 400 Free] Drive in the General Industrial (GI) zone, this proposal is in association with the City's contract to operate a yard waste disposal facility and city- wide "Yard Waste Free Days." The yard waste facility requires approval of a Special Use Permit by the Zoning Board of Adjustment (ZBA). The appellant was previously approved on two separate occasions to operate the same facility on a limited basis that expired in December of 2020. No permanent improvements were required with the initial limited Special Use Permits. The applicant and City viewed these requests as temporary at that time. On January 14, 2021, Chamness Technology, Inc. dba Green RU, LLC applied for a Special Use Permit to allow a yard waste collection and transfer site at 220 and 400 Freel Drive. Although the site had previously been approved on a limited basis, the application was reviewed as a new use and for compliance with the Zoning Ordinance. The Staff 1 Development Review Committee (DRC) reviewed the layout drawing that was submitted with the application and determined that a formal Site Development Plan prepared by a licensed engineer would be required as part of the Special Use Permit application due to the ongoing proposed use of unpaved driveway and parking areas. The Zoning Ordinance requires as a General Development Standard of 29.406 that all parking and vehicle areas be paved. Staff applied this interpretation to the regular driveway access to the site and where regular employee parking would occur. Loading areas, such as the drop off areas for yard waste, are excluded. The paving surface is required to be five inches of concrete or asphalt unless an alternate paving surface is approved by the City Engineer. BASIS OF DEPARTMENT DECISION: A Site Plan meeting all the submittal requirements stated in Section 29.1502(2) is to accompany an application for a Special Use Permit. The requirement is stated in Section 29.1503(2) as follows: Section 29.1503. SPECIAL USE PERMIT. (2) Submission Requirements. An application for a Special Use Permit, filed in accordance with Section 29.1503,shall be accompanied by: (a) A statement of supporting evidence that the general and specific standards as delineated in this Article will be fulfilled. (b)_A Site Plan meeting all the submittal requirements stated in Section 29.1502 2 and' (c) Preliminary plans and specifications for all construction, as applicable. The "Site Plan" submitted with the application for a Special Use Permit is a marked-up copy of a Site Plan for a Special Use Permit approved in 2006 for a car crushing salvage yard. This was the same layout used for the prior approval when no paving was required with the Special Use Permit. The submitted 2006 Plan does not show a parking area that meets current minimum standards for paving, dimensions, and landscaping, nor does the Site Pan include a paved driveway between the parking area and the access to the site from Freel Drive. Regardless, the 2006 Site Plan for the salvage use has expired and does not meet the requirements of being prepared by a licensed engineer for the proposed use; and therefore, it did not meet the application requirements to proceed with the Special Use Permit. Submission requirements for a Site Plan includes the location and dimensions of parking areas, individual parking spaces and drive aisles, driveways, curb cuts, easements, and rights-of-way. The requirement is stated in Section 29.1502(2)(d)(i)(g) as follows: Section 29.1502. SITE DEVELOPMENT PLAN REVIEW. (2) General Requirements for Site Plan Review. (d) Submission Requirements. (i) Site Plan. It is the intent of the City to ensure that site plans be prepared with a high degree of accuracy and ensure proper coordination of the site plan development and review responsibilities,which serve to facilitate compliance of the city. To accomplish 2 this intent,the applicant shall provide copies of the site plan,drawn to scale on a sheet not to exceed 24"x 36", prepared by a Civil Engineer, a Land Surveyor, a Landscape Architect,or an Architect. The site plan must be certified as"substantially correct"by a Professional Engineer, Land Surveyor, Landscape Architect, or Architect, licensed by the State of Iowa,showing the following information as of the date of application g. Location and dimensions of parking.areas individual parking spates andrive aisle driveways,curb cuts easements and ri hts-of-wg Site improvements for paved vehicle areas is required per Section 29.406(11) of the Municipal Code, which describes "Improvements of Off-Street Parking Areas" as follows: S Section 29.406 OFF-STREET PARKING. (I) Applicability. T he off-street°parking requirements set forth in this Section appIy to all off-street parkinguses! whether required by this Ordinance or.in excess of the requirements of this Ordinance! whether accessory to the principal use of a site, or operated as a commercial enterprise. (11)Improvements of Off-Street Parking Areas. (a) Surface Material Standards. (i)—Materials. All vehicle areas includin the front_ard arkin areas described in Section_ 29.406(7).must be paved with Portland Cement Concrete Asphaltic Cement Concrete or an eguivafentas determined 6ythe Ci Engineer: (ii) Material Thickness. All vehicle areas,including front yard parking areas described in Section 29.406(7),must be paved with an approved material no less than five inches thick. Greater thickness may be required by subsurface conditions or the type of vehicles using the parking area. In all off-street parking areas where access will be provided for heavy trucks and transit vehicles,the pavement thickness shall be adequate to accommodate such vehicles,as determined by the City Engineer. When it is anticipated that transit service will be extended to sites not presently served,pavement thickness shall be adequate to accommodate transit vehicles,as determined by the City Engineer. (b) Striping. All parking areas must be striped in accordance with the dimension standards described in Figure 29.406(9)to clearly delineate parking spaces and drive aisles for use by customer,employee, business,and other vehicles,except parking areas designed for outdoor display of vehicles for sale or lease. (c) Lighting. Illumination for parking and loading areas must be designed to be fully cutoff from adjacent properties. Staff notes that one of the underlying issues at dispute is the issue of "temporary." The City Zoning Ordinance does not define temporary even though the prior Special Use Permits were of a limited duration and scope and 'the Zoning Board of Adjustment considered the request as such. This was an exception granted previously due to circumstances of the time in the middle of City contract for waste disposal and is not the rule of the Zoning Ordinance standards. The Planning Director determined that without a defined term for temporary there is no basis to consider three prior years of the use and proposed continued use of the site as temporary. Staff informed the appellant of an alternative to appealing this determination that they could alternatively pursue a zoning text amendment with City Council to address the specific issue of 3 "temporary special uses." The appellant chose to file this appeal rather than pursue a text amendment. BASIS FOR APPEAL OF DECISION: The appellant's ability to appeal a decision of the Zoning Enforcement Officer, or a decision of the Planning Director on Minor Site Development Plan approval is given in Chapter 29.1403(8)(a) as an aggrieved party. In this case, the appellant believes that the Planning Department has incorrectly made invalid assumptions and interpretations regarding City Zoning Ordinances in reviewing and processing the application for a Special Use Permit to allow a yard waste collection and transfer site at 400 and 220 Freel Drive. The appellant describes multiple issues in his appeal, but the primary contention is understood to be that he believes that the Site Plan approved for another use on this site in 2006 suffices to meet the requirement for submittal of a Site Plan, even though it is outdated and does not meet application standards. The appellant also asserts that two paved areas, not shown on the 2006 Site Plan, measuring approximately 10' by 12' and 15' by 20' are sufficient to meet the requirements for a paved parking area for the yard waste operation on this site and therefore no Site Plan is required. No justification has been provided by the appellant as to why a paved driveway leading to a paved parking area is an incorrect interpretation of the City Zoning Ordinances. The appellant's full appeal is included as part of the record for this item. The Zoning Board of Adjustment is authorized to consider an appeal of an administrative decision per 414.12 of the Code of Iowa to determine if there was an error. The Board must determine there was an error in the interpretation to grant the appeal from a decision of the Planning Director that vehicle areas require paving with a Minor Site Development Plan as part of a request for a Special Use Permit. At issue is not the appropriateness or adequacy of the standards, only if staff made an incorrect interpretation. ALTERNATIVES: 1. The Zoning Board of Adjustment can find that the Planning Director correctly determined as per all requirements found in the Ames Municipal Code that vehicle areas require paving with a Minor Site Development Plan as part of a request for a Special Use Permit. 2. The Zoning Board of Adjustment can find that the Zoning Enforcement Officer incorrectly determined that vehicle areas require paving with a Minor Site Development Plan as part of a request for a Special Use Permit. 3. The Zoning Board of Adjustment can table this appeal and request additional information from City staff or the appellant. 4 STAFF COMMENTS: In 2017, the appellant, Chamness Technology, Inc. first contracted with the City of Ames to collect and dispose of yard waste. They were seeking to establish a yard waste operation for one year at a new location, 400 Freel Drive, as they sought a permanent location. Prior to locating in Ames, they had operated outside the city at 26107 5301n Avenue (Black's Farm) south of Ames in Story County. No site improvements other than the addition of rock to stabilize the driveway entrance from Free] Drive were imposed since it was to be a temporary location for the yard waste operation. The yard waste site has now been in operation for nearly three years before the prior permit recently expired. The appellant submitted a new application in January 2021 in anticipation of being awarded a new City contract for yard waste disposal services. During the review and after notice to the applicant about the deficiencies in the application the appellant was awarded a new City contract for the services. However, the award of the contract does not exempt the applicant from meeting City approval requirements for this site or any other site that may meet their needs. Based upon the past and proposed ongoing use of the site with regular activities, staff determined its proposed use needed to meet general development standards for paved vehicle areas, which because the area of paving would exceed 150 sq. ft. necessitated a Site Development Plan prepared by a licensed engineer to accompany the Special Use Permit. Staff found no basis to exempt the applicant from this application requirement or development standard and allow for the Special Use Permit application to proceed to the Zoning Board of Adjustment. Additionally, the "Site Plan" that was submitted is not up to date, reflective of the proposed use, and prepared by a licensed engineer, surveyor, or architect. Therefore, it is the recommendation of the Planning & Housing Director that the Zoning Board of Adjustment approve Alternative#1,which is to find that the.Zoning Enforcement Officer correctly determined as per all requirements found in the Ames Municipal Code that vehicle areas require paving with a Minor Site Development Plan as part of a request for a Special Use Permit. 5 Attachment A -- Supporting Information from the Appellant Appeal from a Decision of the Zoning Enforcement Officer Supporting information Form Addendum Additional Facts: Both properties listed on the Special Use Permit application are zoned General Industrial. Table 29.901(2) (Chapter 29.Article 9 of the Zoning Ordinances revised 01-01-2021)-General Industrial Zone Uses—states that a Special Use Permit,authorized by the Zoning Board of Adjustment is required for the specific use of property within . Other uses in the General Industrial Zone specifically state that Minor Site Development Plans are required. Table 29.501(4)-S (Chapter 29 Article 5-9 of the Zoning Ordinances revised 01-01-2021))lists Waste Processing and Transfer and defines It as:"Uses that receive solid or liquid wastes from other uses for disposal storage or treatment on-site or for transfer to another location; use that collect sanitary wastes; uses that treat contaminated materials; uses that process materials for recycling;and uses that manufacture or produce goods or energy from the composting or organic material. Table 29.501(4)-5(Chapter 29 Article 5-9 of the Zoning Ordinances revised 01-01-2021)) lists allowed Accessory Uses to include: Offices, recycling of materials, and repackaging and transshipment of by- products. This location was the recipient of a Special Use Permit,approved by the Zoning Board of Adjustment in 2019 to operate a Yard Waste Collection and Transfer Site (Permit#SUP-72)that expired on December 31, 2020. The Special Use Permit Application provided by the City Planning Department(via a-mail)on December 14, 2020 lists the Application Process and fees required.The Application Packet Cover Letter states that once the application has been accepted as complete,it will be forwarded to the ZBA for review within 12—26 days.There is no mention of a review by a Development Review Committee or any information regarding this Committee or its Involvement with the Special Use Permit(SUP)Application or SUP process. The Application also states,that If the Application is determined to be incomplete and additional information is required,the process will not start until the Application is considered complete. The Special Permit Application for use of the properties at 400&220 Freel Drive as a Yard Waste Collection and Transfer Site, for a period of three years,was submitted to the City Planning Department on January 14, 2021. 6 The use of the 220 Freel Drive Site would be utilized for outgoing traffic only,five times per year and not used on a daily basis. On January 18,2021 the City Planning Department sent a letter stating that the application was received and considered complete. This letter also noted that the Application would be reviewed by the Development Review Committee and if there were additional questions,a meeting with the applicant would be scheduled. No previous mention of a Development Review Committee or its purpose is mentioned in the application process prior to this letter nor was a meeting scheduled with the Applicant.. A review of the Special Use Permit Application was conducted by the Development Review Committee on January 27.The applicant was not contacted by the Planning Department that there were additional questions or concerns until after the Review was conducted, thereby denying the Applicant the opportunity to address any of the concerns/issues raised by the Development Review Committee. Planning Department members of the Development Review Committee decided that a Minor Site Development Plan and a Flood Plain Development Plan needed to be prepared and submitted based upon-their interpretation that the entryway and parking areas of the Yard Waste Site needed to be paved per Section 29.406(11)—Improvements to Off-Street Parking Areas.As a result of this determination,the Special Use Permit Application was to be held pending receipt and approval by the Planning Department of those two plans. The Site Plan provided in the Special Use Permit Application identified two locations for employee parking on site.Both locations(which are in close proximity of each other) are paved. One measures approximately 10 x 12 feet and the other approximately 15 x 20 feet. Either of these two areas Is sufficient paved parking for the employee managing the yard Waste Site on a day-to-day basis(or even two employees-if necessary).The Applicant was not afforded the opportunity to inform the Development Review Committee of this. The-Applicant was advised of the decision of the Development Review Committee by e-mail after normal working hours on January 27tt` The Applicant e-mailed and conducted a telephone conversation with the Planning Department Staff the morning of January 28 h(after reviewing the e-mail with the Development Review Committee's decision) to discuss the Review Committee's findings. The response provided by the Planning Department Staff member during the phone call indicated several reasons as to why the Planning Department Representatives on the Development Review Committee made their determination, among them,their interpretation that the site was to be "developed"for use as a Yard Waste Collection and Transfer Site(even though the Site Plan and supporting documentation submitted with the Special Use Permit Application clearly indicated that the Site would not be developed or modified in any manner),the age of the Site Plan drawing,that it was a copy of the drawing,and that because the request for the Permit followed a previously approved Special Use permit for the same purpose on the Site, it was"determined that the use was"permanent"In nature. 7 RECEIPT,(REC-20211-016394) CITY OF A m e s- 515 Clark Avenue,P.O.Box 811,Ames, IA 50010 l www.CilyOfAmes,arg BILLING CONTACT DOUG MACCREA CHAMNESS TECHNOLOGY INC e��,Ames 2255 Little Wall Lake Rd Blairsburg, la 50034 Reference Number Fee Name Transaction Type Payment Method Amount Paid APPEAL-001133-2021 Appeal of ZEO Decision Fee Payment Check#3621 $75.00 SUB TOTAL $75.00 TOTAL $75.00 February 10,2021 4:29 pm Pag©1 of 1