HomeMy WebLinkAboutA1 , r
2255 Lrrtu.WALL LAKF ROAD'DLAIRSDURc,IA 50034.515-325-6133.515-325-6134(r)•►►w�v.ENlifl::Bio Services To Grow On,CHAMNESS TECHNOLOGY, INC. February 1 ` ,
City of Ames RECEIVED
ED
Department of Planning&Housing
5I5 Clark Avenue FEB 1 U 2p21
Ames, Iowa 50010 CITY OF AMES IA
DEPi OF PLANNING AND HOUSING
Re: Appeal.of a Decision by a Zoning Official in regards to a Special Use Permit Application
For 220/400 Free] 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 Freel 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 mecting to discuss not only the Appeal, but our Special
Use Permit Application. .
Please contact me with any questions and concerns. I can reached by cell phone(preferred) at
515-450-0773 or by e-mail at.dmaccrea@vchamnesstechnolo;y.corn and my personal e-mail
address—dmaccrea(mDurnail.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 MacCrea
Project Manager
f��t���L-col 133..Zo
Effective Date: August 4, 2020
Appeal from a Decision RECEIVED
>+Ee 10 2021
of the Zoning Enforcement Officer CITY OF AMES IA
Application Form DEFT OF PLANNING AND HOUSING
(This form must be completely filled out before the application will be accepted.)
1. Property Address for this Appeal Application (if applicable):
400 & 220 Freel Drive
2. Legal Description (attach if lengthy): See attached sheet
3. I(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, LLC
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:_ Chamress Technology. Inc. dha 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@chamnesstechnology.com
3 FEB 12 2021
•r.{ry r`.f FRK
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
3. i (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
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/s an error In any order,requirement,declslon, or deterrninatlon 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 no way 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!(we)am (are)familiar ivith all applicable ordinances and codes wrd l-(we)have
submitted all the necessary information to frilly understand tfrls appeal.
h
Signed by: Date: & '4��
Propert Owners) I
Gary A. Freel
Print Name
(Note: No other signature may be substituted for the Property Owner's Signature.)
i
i
I
1
1
4
Effective Date: August 4, 2020
Appeal from a Decision
of the Zoning Enforcement Officer
Supporting Information
(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=Zohing Board of Adjustment to hear and decide appeals
where it 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
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 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 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 27t'
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.
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 staffs 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 ofthe 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.
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 subject property.
The owner of property at 400 & 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.
1 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.
Signed by: Z,;? Date: /Q /
Prope Owner ;
Gary A. Freel
Print Name
(Note: No other signature may be substituted for the Property Owner's Signature.)
{
1 .
6