HomeMy WebLinkAboutA3 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 Free] Drive
was an incorrect interpretation of the Zoning Ordinance.
PROPERTY OWNER(S : Free] 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
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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 i
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
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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
' Location and dimensions of parking areas individual parkingspaces and drive
g�..
aisle drivewa s :curb cuts easements and ri is-oEKa
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:
Section 29.406 OFF-STREET PARKING.
(1) Applicability.
The off-street parking,requirements set forth in this Section apply to all off-street parking uses;
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. _ _ _ _ _ _ _ _
O__Materials. All vehicle areas includin_ the front�ard�arkin areas described in Section,
29.406 7 must be aved with Portland Cement Concrete As �haltic Cement Concrete or ari
equivalent as determined by thefity 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 cut off 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
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"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 correctl
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.
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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 Free[ Drive, as they sought a permanent
location. Prior to locating in Ames, they had operated outside the city at 26107 530'"
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 Freel 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.
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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 the2oning 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 ft 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.
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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 a-mail after
normal working;hours on January 271n
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.
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RECEIPT • ,
CITY OF
�. Am e sM
515 Clark Avenue,P.O. Box 811,Ames,IA 50010 1 www.City0fAmes.org
BILLING CONTACT
DOUG MACCREA
CHAMNESS TECHNOLOGY INC ' ;Ames,
2255 Little Wall Lake Rd
Blairsburg, la 50034
Reference Number Fee Name Transaction Type Payment Method Amount Paid
APPEAL-001133-2021 1 Appeal of ZEO Decision Fee Payment Check#3621 $75.00
SUB TOTAL $75.00
TOTAL $75.00
February 10,2021 4:29 pm Page 1 of 1