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HomeMy WebLinkAbout~Master - Special Use Permit, Section 29.1503 of the Ames Municipal Code to allow a yard waste collection & transfer facility at 220 & 400 Freel DriveCITY OF AMES, IOWA ZONING BOARD OF ADJUSTS U L i J U N 1 0 2021 CITY CLERK CITY OF AMES. IOWA IN THE MATTER OF THE APPLICATION OF CHAMNESS TECHNOLOGY, INC. CASE NO.21-05 DBA GREEN RU, LLC., FOR A SPECIAL USE PERMIT, SECTION 29.1503 OF THE PARCEL IDS: 09-12-201-045 AMES MUNICIPAL CODE, TO ALLOW A 09-12-251-160 YARD WASTE COLLECTION AND TRANSFER FACILITY AT 220 AND 400 DECISION & ORDER FREEL DRIVE FACTS On January 14, 2021, Chamness Technology, Inc., dba Green RU, LLC, applied for a Special Use Permit to operate a yard waste collection and transfer site at 220 & 400 Freel Drive in the General Industrial zone. On April 14, 2021, the Zoning Board of Adjustment reversed the Planning Director's decision that a Site Development Plan was required for as part of a request for a Special Use Permit for a temporary yard waste collection and transfer site Iocated at 220 & 400 Freel Drive. The Board's reversal of the Planning Director's decision applied only to the application step of the Special Use Permit review process and did not grant approval for use of the site as a yard waste collection and transfer facility, nor was it a variance to Zoning Ordinance standards. City Planner Ray Anderson presented the Special Use Permit application to the Board. He pointed out Sec. 29.303 of the Zoning Code states no land, building or structure shall be 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. Applicant first sought a Special Use Permit in April 2017 for one year. In September of that year, a one-year extension was granted by the Board allowing the Special Use Permit to expire in May of 2019. On February 13, 2019, Applicant was granted a two-year extension that allowed the use through December 31, 2020 with the condition that a new Special Use Permit be submitted if the site was sought for use again in 2021. The word "temporary" is not a defined term within the Zoning Ordinance. The applicant did not propose a specific end date for its "temporary" operation but 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 at this site can reasonably be viewed as "temporary". The prior approvals for this use were the longest granted approvals as a "temporary" use. For a Special Use Permit there are certain standards that need to be met. Of those standards there are seven general standards and staff found two of the seven standards were not met. The first standard was "General Standard ii; Be designed, constructed, operated, and maintained 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". 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. Staff concluded that without zoning. ordinance development standards compliance that applies to all uses of the 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. The second standard staff believes the applicant did not meet was "General Standard vii; Be consistent with the intent and purpose of the Zone in which it is proposed to locate such use". Staff concluded that The General Industrial zoning designation, which is the appropriate zoning for a land use designation of General Industrial requires a site plan review process. This has not occurred for this Special Use Permit application. Staff had determined that paving is required for the vehicle areas per the standards of the Zoning Ordinance. Doug MacCrea, 225 Little Wall Lake Road, Blairsburg, testified that Green RU's plan is harmonious with the area involved on Freel Drive. The Applicant stated that they did submit a site plan in accordance with the- application package provided by the City. It stated the .plan needed to show traffic routes and parking. Nothing was stated that it needed to be submitted formally by a computer -generated print-out. It was submitted in 2006 by a licensed surveyor, but nothing had been done to change the physical characteristics of the site nor is anything being planned to make changes. He stated temporary is not defined in the city code, so it becomes a challenge for all involved. Mr. MacCrea feels like the City is directing the landowner to improve or redevelop its site when the City has no intention of improving Freel Drive. City Planner Anderson countered that the site plan submitted was from 2006 and the applicant drew blue lines on it to show the traffic pattern and called that a Site Plan for this Special Use Permit. It didn't meet the requirements. A discussion was held by the Board regarding approval of a one-year- extension which would give the applicant time to move forward with a text amendment, find another location for their operation, or resolve the paving issue at the current site. DECISION The Board considered the facts as detailed above, the evidence and testimony presented at the meeting April 28a' meeting, and provided in the staff report_ and found that the Applicant met the conditions required to obtain 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 Applicant is GRANTED, pursuant to Section 29.1503 of the Ames Municipal Code, a Special Use Permit for a temporary one-year approval 3 of a yard waste collection and transfer facility at 400 and 220 Freel Drive with the following conditions: a) General operations on weekdays and weekends as described within the application and up to five Iarge event days. b) The approval of the use be allowed through May 1, 2022. All yard waste materials, 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, included but not Iimited 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. 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 28t' day of April 2021. r *Renee Secretary to the Board Amelia Schoeneman Chair