HomeMy WebLinkAbout~Master - Appeal from Decision of the Planning Director that Vehicle Areas Require Paving with a Minor Site Plan as part of a request for a SUP at 220/400 FreelCITY OF AMES, IOWA
ZONING BOARD OF ADJUS
11 P, C
JUN 1 0 2021
CITY CLERK
CITY OF AMES. 10%VA
IN THE MATTER OF THE APPEAL OF
DOUG MACCREA ON BEHALF OF
CASE NO.21-02
CHAMNESS TECHNOLOGY, INC., DBA
GREEN RU, LLC, FROM THE DECISION
PARCEL ID: 09-12-201-045
OF THE PLANNING DIRECTOR THAT
09-12-251-160
VEHICLE AREAS REQUIRE PAVING
WITH A MINOR SITE DEVELOPMENT
PLAN AS PART OF A REQUEST FOR A
DECISION & ORDER
SPECIAL USE PERMIT FOR THE
PROPERTY LOCATED AT 220 AND 400
FREEL DRIVE
FACTS
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. This
proposal is in association with the City's contract with Green RU for the operation of a yard
waste disposal facility and city-wide "Yard Waste Free Days". Although the site had been
approved on a limited basis two previous times, the application was reviewed as a new use and
for compliance with the Zoning Ordinance.
City Planner Ray Anderson presented the application to the Board on March 10, 2021 and again
on April 14, 2021. When the Special Use Permit was granted in 2017, it was anticipated that the
site would only be needed for one year until a more permanent location was found. The yard
waste site was in operation from April 2017 until the most recent Special Use Permit expired at
the end of 2020.
The Development Review Committee reviewed the submitted layout drawing and determined
that a formal Site Development Plan prepared by a Iicensed 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.
Appellant Doug MacCrea, 913 Tennyson Avenue, testified to the Board on both March loth and
April 14th. Mr. MacCrea stated that the Special Use Permit application was prepared in
accordance with Sections 29.1503 and 29.1502(2) of the Ames Municipal Code and the Special
Use Permit application package provided by the City. Mr. MacCrea feels that nowhere in those
sections or documents does it require a minor Site Development Plan. Mr. MacCrea also took
issue with the fact that the Planning Department has decided this request is permanent in nature;
however, there is nothing in City Code that defines the terms "temporary" or "permanent". Mr.
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MacCrea is requesting a three-year Special Use Permit. Planner Anderson stated that
"temporary" is not defined, but at some point the use is no longer temporary if it keeps getting
extended. Board Member Schneider commented that if the appellant cannot find a different
location, the Freel Drive location may be the permanent place going forward.
DECISION
The Board considered the facts as detailed above, the evidence and testimony presented at the
two meetings, and provided in the staff report and found 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 for a temporary yard waste collection and transfer site
located at 220 & 400 Freel Drive.
WHEREFORE, IT IS ORDERED 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 for a temporary yard waste collection and transfer site located at 220 & 400
Freel Drive, Ames, Iowa.
Any person desiring to appeal this decision to a court of record may do so within 30 days after
the filing of this decision.
Done this 14`h day of April 2021.
Rene all
Secretary to the Board
"OL
melia Schoeneman
Chair