HomeMy WebLinkAboutA3 ITEM #: 2
DATE: 04-28-2021
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
REQUEST: SPECIAL USE PERMIT TO ALLOW A YARD WASTE COLLECTION AND
TRANSFER FACILITY AT 220 & 400 FREEL DRIVE IN A GENERAL INDUSTRIAL (GI)
ZONE.
BACKGROUND:
On January 14, 2021, Chamness Technology, Inc. dba Green RU, LLC applied for a
Special Use Permit (SUP) to operate a yard waste collection and transfer site at 220 &
400 Freel Drive in the General Industrial (GI) zone. As a use in the GI zone, a yard waste
facility requires approval of a Special Use Permit by the Zoning Board of Adjustment
(ZBA). The applicant was previously approved on two separate occasions to operate the
same facility type on a limited-time basis that expired in December 2020. The applicant
notes that the facility would be used to meet their obligations under their recently
approved City contract from February 2021. Although there is no time limit proposed with
the request, they do reference performance consistent the City contract. The proposed
facility is not limited to use as a City facility.
The applicant has not submitted a Site Development Plan for the proposed use that
complies with the Zoning Ordinance requirements of Article XV for a Special Use Permit.
A formal Site Development Plan per the standards of the Zoning Ordinance is required to
be prepared by a licensed surveyor, civil engineer, or architect. The applicant submitted
with their application a hand annotated plan for the site based upon an outdated Site
Development Plan that was part of a prior Special Use Permit for the site in 2006.
However, the applicant appealed the application requirement for a Site Development Plan
to the ZBA. On April 14, 2021 the ZBA granted an appeal of the Planning Director's
decision that a Site Development Plan was required for the proposal due to zoning
standards that require paving of vehicle areas (driveway and parking) with a site plan as
part of a request for a Special Use Permit. The Board approved the appeal with a motion
that a temporary use for a yard waste facility was not subject to the application
requirement. It is important to note that the appeal was only for the application step of the
review and did not grant approval for use of the site, nor was it a variance to Zoning
Ordinance standards. Therefore, the Special Use Permit application is before the Zoning
Board of Adjustment for a decision to approve or deny, without the benefit of a formal site
plan that meets the minimum zoning code requirements.
The applicant describes the proposed use as follows:
Yard waste will be deposited at the east end of the site where Chamness employees will
reduce the bulk of yard waste and ship it to their composting facility near Eddyville, Iowa.
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A grinder/chipper will be brought on site when needed to reduce the bulk of the material
prior to loading. The yard waste disposal site hours of operation shall be from 12:00 pm
to 5:00 pm through October 14 on Mondays, Wednesdays, and Fridays and from 8:00 to
12:00 on all Saturdays. October 15 through December 15, the normal yard waste disposal
hours of operation shall be from 12:00 to 5:00 on Mondays, Wednesdays, and Fridays,
and from 8:00 am to 4:00 pm on all Saturdays through the first two Saturdays in
December. Once during spring and four times in the fall, there will be yard waste free
days when Story County residents can bring yard waste to the site. These events occur
on Saturdays. The exit driveway at 220 Freel Drive will be used only during the yard
waste free days not during the regular daily open hours.
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.
During the five free yard waste days, additional traffic can be expected, as has been the
case in past years. Previous yard waste free days have successfully utilized a traffic
management pattern that the applicant and the city traffic engineer put in place to reduce
congestion on Lincoln Way to the north and keep the queued traffic off arterial and
collector streets. On free days, signage will be posted to direct eastbound traffic on
Lincoln Way to South Dayton Avenue, thence south to SE 5t" 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 5t" 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 same traffic management pattern will continue to be utilized for
the future yard waste free days. See Attachments 2 and 3 for the traffic flow maps.
A flood plain development permit was issued for this site in 2017 based on the proposed
activities. There is no need for a new flood plain development permit since no changes
are being made to the site.
STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL: The applicant's complete
application and supporting information accompany this report. These materials discuss
characteristics of the proposed use and their impacts.
APPLICABLE LAW:
The Board must make the requisite findings for approval of the proposed Special Use
Permit that are defined below. Findings of Fact based upon the proposed description of
use and facts of the application are included in the attached Addendum.
A significant issue with the proposed Special Use Permit is the general development
standards that apply to all use of land as defined by Article III of the Zoning Ordinance.
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Sec. 29.303. GENERAL ZONING REGULATIONS.
(1)Land, Buildings and Structures Regulated. No land,building or structure shallbe used,
no building or structure shall be erected, and no existing building or structure shall be
moved, added to, or altered except in conformity with this Ordinance.
Uniquely, the site was previously approved for the same use with a limited term in the
context of it being "temporary." Temporary is not a defined term within Zoning
Ordinance. The applicant did not propose a specific end date for the use, instead
described it in relation to the City's contract. Even if the use operates for only the
initial three-year period of the City' contract, it results in a total of six years of
operation at this site. Staff has found no basis to determine that six years of use of a
site can reasonably be viewed as "temporary." There are no known examples of such a
situation in Ames. The prior approvals for this use are the longest granted approvals as
"temporary." The only other somewhat similar situations are the specific allowance for
one-year authorizations for certain cell tower installations and Asphalt Batch Plants to be
exempt from certain standards as determined by a Special Use Permit. As discussed
early on with the applicant, a legislative change by the City Council to address their
propose use similar to Batch Plants is the most appropriate way to address their site
improvement concerns.
Special Use Permit
Chapter 29, Section 29.1503(4)(a) 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,
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: (The standards are listed in the
addendum to the report.)
(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."
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PUBLIC NOTIFICATION:
Notification was made to all owners of property within 200 feet. A notice of public hearing
was placed on the property and published in the newspaper.
ALTERNATIVES:
1. The Zoning Board of Adjustment can approve the Special Use Permit for a
temporary one-year approval of a yard waste collection and transfer facility at 400
and 220 Freel Drive, based on the findings of fact and conclusions stated herein,
with the following conditions:
a. General operations on weekdays and weekends as described within the
application and up to five large event days.
b. That the approval of the use be allowed through May 1, 2022. All yard waste
material, equipment, and temporary structures shall be removed from the
site and the site restored to its current or better condition within 60 days of
the end of the permit.
c. If the site is sought for use again beyond the one-year allowance, the
applicant will need to seek a new Special Use Permit for the use and meet
all site development standards related to the use, including but not limited
to required paving of driveways, parking, and landscaping. All future
approvals will be subject to meeting current zoning requirements for use of
the site in any capacity, permanent or temporary.
2. The Zoning Board of Adjustment can approve the Special Use Permit for a yard
waste collection and transfer facility at 400 and 220 Freel Drive based on the
findings of fact and conclusions stated herein, with the following conditions:
a. General operations on weekdays and weekends as described within the
application and up to five large event days per calendar year.
b. That the site be improved in compliance with development standards of the
Zoning Ordinance, including but not limited to paving of the driveway
leading to the parking area and paving of the parking area. Approval of a
Minor Site Development Plan for these improvements shall be submitted
to the Planning and Housing Department prior to the installation of any
paving materials. Required site improvements shall be completed no later
than July 1, 2021, with an allowance for a staff approval of a 30-day
extension due to weather or other extenuating circumstances. Non-
compliance with this condition is grounds for revocation of the approval.
c. If the use of the site for yard waste collection as described in this permit
ceases for more than six months, all related materials, equipment, and
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temporary structures shall be removed from the site and the site restored to
its current or better condition within 60 days. The start of the 60-day period
is from date of notice by the City that the use has ceased.
d. If the use has ceased as described above, the applicant will need to seek a
new Special Use Permit. All future approvals will be subject to meeting
current zoning requirements for use of the site in any capacity, permanent
or temporary.
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 including zoning standards of paving parking and
maneuvering areas.
4. Action of this request can be postponed and referred to City staff and/or the
applicant for additional information.
PLANNING AND HOUSING DEPARTMENT RECOMMENDATION:
Staff finds that the yard waste collection and transfer site does not meet two of the seven
General Standards for a Special Use Permit, including General Standards (ii and vii).
Further explanation is found in the Addendum.
Since the Zoning Board of Adjustment granted an appeal of the Planning Director's
decision that vehicle areas require paving with a site plan as part of a request for a Special
Use Permit (SUP), a site plan that meets current zoning requirements was not included
with the application for a SUP. In addition, site improvements that include paving of a
driveway and parking lot are not part of this proposal. Staff cannot determine there are
any grounds for consideration of the extended use of this site as temporary and it cannot
be approved as proposed.
Therefore, based upon the Findings of Fact and Conclusions in the Addendum, it
is the recommendation of the Department of Planning and Housing that the Zoning
Board of Adjustment approve Alternative #1 which is approval of a Special Use
Permit for a temporary yard waste collection and transfer facility at 400 and 220
Freel Drive, based on the findings of fact and conclusions stated herein, with the
following conditions:
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a. General operations on weekdays and weekends as described within
the application and up to five large event days.
b. That the approval of the use be allowed through May 1, 2022. All yard
waste material, equipment, and temporary structures shall be
removed from the site and the site restored to its current or better
condition within 60 days of the end of the permit.
c. If the site is sought for use again beyond the one-year allowance, the
applicant will need to seek a new Special Use Permit for the use and
meet all site development standards related to the use, including but
not limited to required paving of driveways, parking, and landscaping.
All future approvals will be subject to meeting current zoning
requirements for use of the site in any capacity, permanent or
temporary.
The applicant is free to pursue a Zoning Text Amendment with the City Council in the
meantime while operating under the 1-year approval to address their site improvement
concerns, for example in a manner similar to Asphalt Batch Plants.
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ADDENDUM
General Standards.
(i) Be harmonious with and in accordance with the general principles and
proposals of the Land Use Policy Plan of the City.
Findings of Fact: The subject site has a General Industrial Land Use Designation
along with all the surrounding properties.
The Land Use Policy Plan (LUPP) describes General Industrial as industrial uses
that involve individual siting in designated areas where overall use and appearance
requirements are less restrictive. The LUPP recommends that General Industrial
activities be limited in their scale and location with the intent of minimizing their
impact on the community's current land resources and infrastructure.
Conclusions: The type of use (industrial) is consistent with the General Industrial
land use designation on the Future Land Use Map of the LUPP.
It can be concluded that the proposed yard waste operation meets General
Standard (i) for a Special Use Permit.
(ii) Be designed, constructed, operated, and maintained so as to be harmonious
and appropriate in appearance with the existing and 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.
Findings of Fact: Yard waste is to be deposited at the east end of the site where
Chamness employees will reduce the bulk of yard waste and ship it to their
composting facility near Eddyville, Iowa. The site will not be used as bulk long-term
storage of yard waste and will have regular removal of the materials multiple times
in a year.
The minimum yard waste disposal site days and hours of operation are established
by a contract with the City, but the site is not limited to only this function.
A traffic management pattern has been established by the City in coordination with
the applicant for City of Ames yard waste free days. The site is limited to these
five extra operational days of higher levels of use. The traffic management pattern
for yard waste free days will vary from the daily traffic pattern to limit conflicts with
traffic on Lincoln Way.
All material and equipment are to be removed from the site and the site restored
to its current or better condition within 60 days of the expiration of the applicant's
contract with the City. However, that does not include a specified date as future
contracts could be approved, or the current contract extended.
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The applicant has not included a formal Site Plan needed for the installation of
required paving of driveways and parking areas. Article IV of the Zoning Ordinance
requires the paving of all vehicular areas used for parking and maneuvering with
a minimum paved surface of 5" of asphalt or concrete, or as otherwise authorized
by the Municipal Engineer. This standard applies citywide in all zoning districts,
including General Industrial. Staff has identified that a minimum amount of
driveway and parking pavement is needed for the regular use of the site as
described by the applicant. The drop off and storage areas on the site do not
require paving, although surface stabilization may be done as needed for
facilitating the large event days.
Conclusions: Without Zoning Ordinance development standards compliance that
apply to all uses of land, the use is not harmonious in its design and construction
with intended character of the area, because all new uses in this area are required
to comply with zoning standards. If the site included required improvements for its
ongoing use, the proposed yard waste disposal site is compatible with the other
types of industrial zone uses that currently exist on Freel Drive.
It cannot be concluded that the yard waste site will meet General Standard
(ii) for a Special Use Permit as proposed by the applicant.
Not be hazardous or disturbing to existing or future uses in the same general
vicinity.
Findings of Fact: The use of this property for a yard waste disposal operation
should not be hazardous or disturbing to existing and future uses, provided the
property is fenced; the site is maintained over time; and the yard waste material is
removed in a timely manner.
Conclusions: It can be concluded that the proposed use of this property
meets General Standard (iii) for a Special Use Permit.
(iv) Be served adequately by essential public facilities and services such as
highways, streets, police, fire protection, drainage structures, refuse
disposal, water, and sewage facilities, and/or schools.
Findings of Fact: The property is not served by public infrastructure that includes
a paved public street, water, and sanitary sewer services.
The proposed use has been reviewed by the City staff, including Public Works,
Planning, and Fire, and has found the use does not require the provision of public
facilities to meet a current City code requirement.
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Conclusions: The proposed yard waste site can adequately operate within the
limitations of the current public facilities that serve the site and will not create an
undue burden on these limited facilities.
It can be concluded that the proposed use of this property meets General
Standard (iv) for a Special Use Permit.
(v) Not create excessive additional requirements at public cost for public
facilities or services.
Findings of Fact: The proposed yard waste business will not create excessive
additional requirements for public facilities or services. Expenses could include
the cost of dust control, or possibly hard surfacing, for Freel Drive. Public
improvements such as street paving, or even dust control, is traditionally assessed
to adjacent property owners if it is needed or required.
Conclusions: The City has no plans to pave Freel Drive in the near future.
However, dust control will likely be needed.
Therefore, it can be concluded that the development meets General Standard
(v) for a Special Use Permit.
(vi) Not involve uses, activities, processes, materials, and 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.
Findings of Fact: There will be no smoke, fumes, glare or odor and minimal noise
because of this business. There will be additional traffic to and from the site,
particularly during the yard waste free days. The adjacent streets are intended to
handle the traffic of industrial land use; however, at this location Freel Drive is a
gravel roadway. This could be problematic during the time of the "free days" in the
spring and fall if the weather is wet, or if the road is dry and needs dust control.
The applicant will regularly remove the yard waste materials form the site so as to
not create detrimental conditions. In the event the operations do not conform to the
standards of this criteria and other City ordinances related to nuisance type issues,
the permit can be revoked.
Conclusions: The limited times of increased traffic on Saturdays will be managed
with a traffic plan. The description of the use for the site limits potential for other
detrimental conditions. The addition of this use will not introduce any known
nuisance factors into the area.
It can be concluded that the development meets General Standard (vi) for a
Special Use Permit.
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(vii) Be consistent with the intent and purpose of the Zone in which it is proposed
to locate such use.
Findings of Fact: The property is zoned as "GI" (General Industrial). All properties
surrounding the site are zoned GI. 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 Zoning Ordinance states that Industrial Base zoning districts are to include
predominantly industrial uses and are to be protected from intrusion by dwellings
and other inharmonious uses. Additionally, uses are intended to promote the
economic viability of the City's industrial areas and to provide standards to assure
safe, functional, efficient, and environmentally sound industrial areas and
operations.
As stated in Section 29.901 "GI" (General Industrial) of the Municipal Code, "This
Zone is intended to provide a limited development review procedure, involving only
developer- and staff-coordinated efforts to satisfy the planning and permitting
requirements. This District applies to those areas where there is a need to provide
a desirable industrial environment and to promote economic viability of a type
generally not appropriate for or compatible with retail sales areas. A site plan
review process is required to assure such development and intensity of use
in a way that assures safe, functional, efficient, and environmentally sound
operations.
Conclusions: The General Industrial zoning designation, which is the appropriate
zoning for a land use designation of General Industrial requires a site plan review
process, which has not occurred for this SUP application. Staff has determined
that paving is required for the vehicle areas per the standards of the Zoning
Ordinance.
It cannot be concluded that the yard waste site will meet General Standard
(vii) for a Special Use Permit as proposed by the applicant.
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Attachment A — Location Map
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Attachment B - Daily Traffic Pattern
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----——————
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SITE PLAN
STUME30 $ A55061ATE5 400 FREEL DRIVE T :t.'.�Ye.
LAND SURVEYING, INC. AMES, IOWA
S.".STREET.W'02 TES.0—50010 SURVEY PREPARED FOR: CLINTON REED
PHONE 515-233_,6bq FAX 515-233-4405
JOB#15571 DATE: 12/29/05 PAGE: i Df I
REGENFEU V APMEV
DEC 2 9 2005 RECEIVED - R*
CIV OF AMES,IOWA JAN 14 2021
DEPT,OF PLANNING&HOUSING CITY OF AMES IA
DEPT,OF PLANNING AND HOUSING
12
Attachment C — Yard Waste Free Day Traffic Pattern
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SITE PLAN
5TUME30 S A55OGIATE5 400 FREEL DRIVE 01..1
LAND SURVEYING, IN6. AMES, IOWA
510 s.11U,STREET,SUITE 102 AME5,Own S to SURVEY PREPARED FOR: CLINTON REED
PHONE 515-233-36B9 FAX 515-255-4403
JOB 015672 DATE-' 12/29/D5 PAGE, I of I
RECEIVED
DEC 2 9 2005 ;4-
CITY OF AMES.IOWA
DEPT.OF PLANNING&HOUSING
13
Attachment D — Site Layout/Traffic Flow
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Attachment E — Neighborhood Traffic Flow with Site Location
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