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ITEM #: 4
DATE:
04-27-22
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
REQUEST:
A Special Use Permit to allow the Enlargement of a Nonconforming
Use in a Residential Zone at 3038 Redbud Circle and 3036 Valley View Road.
BACKGROUND AND PROJECT DESCRIPTION:
The applicant is Northern Natural Gas Company (NNG). NNG is a rregional
pipeline company that delivers natural gas to a local distribution company, which
then delivers the natural gas to their customers. NNG has an underground
pipeline and 50-foot easement (Utility Corridor) that transverses the City.
NNG’s regional pipeline is classified as a Utility Corridor use within the City’s
Zoning Ordinance. Utility Corridors (differentiated from basic utilities) are not a
permitted use within a Residential Zoning District, whereas it is an allowable use
within commercial/industrial zoning districts. Since the use already exists within
a residential zoning district, the use is nonconforming per the standards of the
Ames Zoning Ordinance. A special use permit is required to expand the
nonconforming use.
Due to population growth in Ames and the surrounding area, the applicant is
required by federal law, as a safety measure, to inject an odorant into the gas
stream by an odorizing unit. In its natural state, natural gas is odorless. The
odorizer unit will be located within a new accessory structure. The applicant has
selected this location as the most suitable for treating the line. NNG indicates
that they do not have any flexibility in the location of the odorizer unit as it must
be installed at the gas line take off. Currently, there are no above ground
structures in this location, only a minor appurtenance.
The specific location identified for the new facility includes portions of the
properties addressed as 3038 Redbud Circle and 3036 Valley View Road \[PID #
0528390210 and # 0528390000\] and owned by Ellen and Gunnar Wyatt and the
Northridge Parkway Homeowners Association. NNG has coordinated with the
property owners and has received their endorsement of the proposed odorizer
and accompanying site improvements. Although the site is addressed from
Redbud Circle, the project area will be accessed from GW Carver.
The properties are zoned “RL” Residential Low Density. RL does not allow for
Utility Corridors-this means the use is considered a non-conforming use. A
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Nonconforming Use is allowed to continue and be maintained as is, however,
the proposed new building will require a Special Use Permit with a minor site
development plan as a movement, alteration, or enlargement of the
nonconforming use per the Zoning Ordinance, Section 29.307(2).
Nonconforming uses may continue and are allowed to expand on a limited basis
when there is not an increase in intensity and the building enlargement complies
with zoning standards, including a limitation on a maximum expansion of 125%
of the existing floor area. A Special Use Permit is required to approve an
expansion to determine if the project is compatible with the surroundings.
Project Description
The project area will be approximately 4,219 sq. ft. Included within this area will
be a gravel area of approximately 1,750 sq. ft. surrounded by a 6’ high cedar
wood privacy fencing with steel posts, along with landscape screening, providing
a visual barrier to the site. The fencing is consistent with fencing found in
residential areas and thus blends in well with the surrounding property. It also
serves the safety of neighbors by keeping unauthorized persons out, so that the
equipment remains safe and secure.
The 1,750 sq. ft. gravel area will include an 8’ x 10’ building (housing the
odorizer unit) and a 120-gallon tank with a footprint of approximately 3.5-feet x
6.5-feet. The project area is located close to GW Carver Avenue (primarily in the
easternmost portion of the rear yard of 3038 Redbud Circle) with a portion of the
fenced area and easement extending into the HOA parcel. The tank will hold a
chemical known as 2-Propanethiol, 2-methyl-. It is considered a Class IB
flammable liquid according to the Safety Data Sheet provided by NNG. A
maximum of 120 gallons of can be stored within the tank and not be considered
a hazardous occupancy.
The building is subject to accessory building standards of the “RL” zone and the
base zone standards of “RL”. It is proposed to be located in the rear yard of
3038 Redbud Circle. Rear yard setbacks for accessory structures may reduced
to a minimum distance of three feet from all property lines. Since the HOA
property is located between 3038 Redbud and GW Carver Avenue, this results
in the building being sited 37.5 feet from the GW Carver Avenue right-of-way,
while at the same time, being a sufficient distance from the adjacent residence.
The proposed building will be constructed of galvanized ribbed sheet metal with
a brown baked-on enamel finish. The building height will be approximately 8.3-
feet. It will barely be visible over the proposed 6-foot fencing. No external
lighting is proposed. There is no water or sewer associated with this project. A
building permit from the City will be required.
The site is subject to fencing, screening, and landscaping requirements of Article
IV of the Zoning Ordinance. Landscaping has been added to screen the facility
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from residential neighbors and soften its appearance from George Washington
Carver Avenue and the trail. The landscaping includes a combination of
evergreen trees and deciduous trees and shrubs. There are no prescribed
landscape standards for the proposed use, landscaping is related to the findings
of compatibility for approval of the special use permit.
Access to this facility will be by authorized personnel only who will conduct
weekly operations and maintenance work. The only delivery to this site will occur
once a year.
Therefore, the use will not attract traffic or cause traffic congestion in the area.
Access to the site is required to be paved and have a driveway approach
approved by the City as part of the project review. The site is accessed from GW
Carver Avenue. The access will include a paved 15-foot wide “auxiliary lane”
parallel to the street and extending about 73 feet within the right-of-way
shoulder. The taper of the “auxiliary lane” will begin at the end of the radius of
the intersection. A 15-foot-wide paved drive will extend into the property, from
the “auxiliary lane”. The “auxiliary lane” will be stripped. No parking will be
allowed on it. It will, however, allow a three-point turn so that vehicles will not
have to back out onto GW Carver and can merge safely into traffic. A driveway
access permit from the City will be required; a SUDAS waiver will not be
required.
Although the driveway will cross the existing HOA trail, the trail will be paved
with concrete as it crosses the driveway. This will help to alert trail users of the
driveway.
STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL:
The applicant has provided the attached application including statements as to
how the proposed enlargement of a nonconforming use meets the requirements
for a Special Use Permit.
APPLICABLE LAW:
The Zoning Board of Adjustment is charged with reviewing the application
and determining if the improvements to the site are allowed without
increasing the intensity of the nonconforming use of the gas pipeline and
the layout, design, and operations are compatible with the surroundings
per the standards of the Zoning Ordinance in Section 29.1503. Findings
related to the proposed Special Use Permit are included within the
addendum to the report.
Applicable sections of Chapter 29, Section 29.307 of the Municipal Code state
the following:
Section 29.307. NONCONFORMITIES.
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⦁
Nonconforming Uses.
Any use of any structure or lot that was conforming
or validly nonconforming and otherwise lawful at the enactment date of this
ordinance and is nonconforming under the provisions of this Ordinance or
that shall be made nonconforming by a subsequent amendment, may be
continued so long as it remains otherwise lawful, subject to the standards
and limitations of this Section.
⦁
Movement, Alteration and Enlargement.No increase of intensity of use is
permitted except in conjunction with the allowances of subsection b
and c. Increase of intensity means any of the following:
⦁
increase to the amount of floor area for a non-Household Living
use,
⦁
an increase in the horizontal or vertical dimensions of a non-
Household Living use (both indoor or outdoor),
⦁
a change in operation of a non-Household Living use that
requires corresponding improvements to the site,
⦁
an increase in the amount of building coverage for a
manufactured home, single or two-family dwelling as Household
Living,
⦁
an increase in the number of apartment dwelling units, SRO, and
other self-contained dwelling units as Household Living, and
⦁
an increase in the number of bedrooms for an apartment dwelling
unit, SRO, and other self-contained dwelling units as Household
Living.
⦁
The building area, floor area, or dimensions of a nonconforming use may
not be enlarged, expanded or extended to occupy parts of another
structure or portions of a lot that it did not occupy on the effective date
of this Ordinance, unless the enlargement, expansion or extension
complies with all requirements for the zone, does not create an
additional nonconformity, and is approved for a Special Use Permit by
the Zoning Board of Adjustment, pursuant to the procedures of Section
29.1503, excluding 29.1503(4)(b)(vii) of the Review Criteria General
Standards, and subject to subsection c.
⦁
Any building or structure containing a nonconforming use may be
enlarged up to 125% of the floor area existing on the effective date of
this ordinance, provided that the expanded building or structure
complies with all development standards of the zone in which it is
located. An increase in intensity of operations, dimensions, dwelling
units, or apartment bedrooms shall not be specially permitted. The
enlargement of a nonconforming use that has the effect of making a
structure nonconforming, shall not be specially permitted pursuant to
Section 29.1503, but rather shall be construed as a request for a
variance, subject to the procedures of Section 29.1504.
Chapter 29, Section 29.1503(1) & (4)(a),(b) and (e) of the Municipal Codestate
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the following:
Sec. 29.1503. SPECIAL USE PERMIT.
⦁
Purpose.
This Section is intended to provide a set of procedures and
standards for specified uses of land or structures that will allow practical
latitude for the investor or developer, but that will, at the same time,
maintain sound provisions for the protection of the health, safety,
convenience and general welfare. This Section permits detailed review of
certain types of land use activities that, because of their particular and
unique characteristics, require special consideration in relation to the
welfare of adjacent properties and to the community as a whole. Land
and structural uses possessing these characteristics may be authorized
within designated zones by the issuance of a Special Use Permit. This
Section also provides for the use of Single-Family Dwellings, Two-Family
Dwellings, and Single-Family Attached Dwellings by a Functional Family.
Review Criteria.
(4)Before a Special Use Permit application can be
approved, the Zoning Board of Adjustment shall establish that the
following general standards, as well as the specific standards outlined in
subsections (b), (c), and (d) below, 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.
⦁
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:
(i) Be harmonious with and in accordance with the general principles
and proposals of the Land Use Policy Plan \[Ames Plan 2040\]of
the City;
(ii) Be designed, constructed, operated, and maintained so as to be
harmonious in appearance with the existing or 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;
(iii) Not be hazardous or disturbing to existing or future uses in the
same general vicinity;
(iv) Be served adequately by essential public facilities and services
such as highways, streets, police, fire protection, drainage
structure, refuse disposal, water and sewage facilities, and/or
schools;
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(v) Not create excessive additional requirements at public cost for
public facilities and services;
(vi) Not involve uses, activities, processes, materials, 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; and
(vii) Be consistent with the intent and purpose of the Zone in which it
is proposed to locate such use.
⦁
Residential Zone Standards. The Zoning Board of Adjustment shall
review each application for the purpose of determining that each
proposed use in a residential zone meets the following
standards, as well as those set forth in Section 29.1503(4)(a)
above and, in addition, shall find adequate evidence that each
use in its proposed location will:
(i) Not create excessively higher levels of traffic than the
predominant pattern in the area and not create additional traffic
from the proposed use that would change the street classification
and such traffic shall not lower the level of service at area
intersections;
(ii) Not create a noticeably different travel pattern than the
predominant pattern in the area. Special attention must be shown
to deliveries or service trips in a residential zone that are different
than the normal to and from work travel pattern in the residential
area;
(iii) Not generate truck trips by trucks over 26,000 g.v.w. (gross
vehicle weight) to and from the site except for waste collection
vehicles and moving vans;
(iv) Not have noticeably different and disruptive hours of operation;
(v) Be sufficiently desirable for the entire community that the loss of
residential land is justifiable in relation to the benefit;
(vi) Be compatible in terms of structure placement, height, orientation
or scale with the predominate building pattern in the area;
(vii) Not ApplicableBe located on the lot with a greater setback or
with landscape buffering to minimize the impact of the use on
adjacent property; and
(viii)
Be consistent with all other applicable standards in the zone.
⦁
Conditions. The Board may impose such additional conditions as 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.
h) PUBLIC COMMENTS:
i)
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Notification was made to all owners of property within 200 feet. In addition, a
notice of public hearing was placed on the subject property along GW Carver
Street frontage.
h)
ALTERNATIVES:
⦁
The Zoning Board of Adjustment can approve this request for a Special
Use Permit to allow enlargement of a nonconforming commercial use in a
residential zone, at 3038 Redbud Circle and 3036 Valley View Road.
⦁
The Zoning Board of Adjustment can deny this request for a Special Use
Permit to allow enlargement of a nonconforming commercial use in a
residential zone, at 3038 Redbud Circle and 3036 Valley View Road, by
finding that the project does not meet the criteria of Section 29.1503(4).
⦁
The Zoning Board of Adjustment can refer this request back to the
applicant or to City staff for additional information.
RECOMMENDED ACTION:
Staff concludes that the request for a Special Use Permit request to allow
enlargement of a nonconforming commercial use in a Residential Zone, at 3038
Redbud Circle and 3036 Valley View Road, is consistent with the standards
required for granting of a Special Use Permit.
Therefore, based upon the Findings of Fact and Conclusions below, it is
the recommendation of the Department of Planning and Housing that the
Zoning Board of Adjustment act in accordance with Alternative #1.
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ADDENDUM
FINDINGS OF FACT & CONCLUSIONS:
Based upon the facts provided in the application, and the plans and photographs
included with the application, the following findings of fact and conclusions may
be made regarding the standards of approval.
General Standards.
(i)Be harmonious with and in accordance with the general principles
and proposals of Ames Plan 2040.
Findings of Fact:
NNG states that the installation of the odorizer facility and the odorization
of natural gas, will ensure the safe, efficient, and continuous energy
delivery to the City of Ames and its surrounding communities as they
continue to grow. Low Density Residential will continue as the
predominate use of the site. Ames Plan 2040 identifies the subject
property as “RN-2” Residential Neighborhood 2 -Established. “RN-2”
represents fully built-up neighborhoods which are typically single-family.
Conclusions: The property is continuing as a residential property with an
Therefore, it can be concluded
existing Utility Corridor (underground).
that the property 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:
The majority of the project area is in the far rear of the residential property
located at 3038 Redbud Circle. The area will be surrounded by a 6-foot-
tall cedar wood privacy fence on all sides, except at the driveway, which
will include a chain link roller gate. The proposed building is 8’x10’ and is
smaller than most accessory buildings placed in residential back yards. It
will be painted brown to blend in with the landscaping. There is no
exterior lighting. Landscaping will include a combination of evergreen
trees and deciduous trees and shrubs.
NNG states that the odorizer facility has been designed to be harmonious
in appearance with the character of the neighborhood while also being in
compliance with all federal and local regulations. NNG states that a
landscape, fencing and maintenance agreement is in place with the
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adjacent landowner neighbors that requires that the premises kept clean,
orderly and consistent with the surrounding neighborhood and in
compliance with local homeowner association covenants.
Conclusions: The project site has been designed to be tastefully
screened and harmonious with the residential character of the area. The
location of the structure in the rear yard of home site shields it from
general visibility on the single-family block. It will be visible from GW
Carver, but its appearance will be shielded with the fencing and
Given the proposed scale and appearance of the
landscaping.
building, screening and limited level of activity, the proposed
expansion can be found to be compatible with its surroundings and
it can be concluded that it meets General Standard (ii) for a Special
Use Permit.
(iii)Not be hazardous or disturbing to existing or future uses in the same
general vicinity.
Findings of Fact:
Natural gas is odorless. The act of odorizing it, is a safety feature so that
people are able to detect leaks, which would otherwise go undetected.A
120-gallon tank located within the fenced in project area, will hold the
chemical. The chemical utilized will be 2-Propanethiol, 2-methyl-. It is
considered a Class IB flammable liquid according to the Safety Data
Sheet provided by NNG. A maximum of 120 gallons of can be stored
within the tank and not be considered a hazardous occupancy.
NNG states that the facility has been specifically designed to not be
hazardous or disturbing to the neighborhood and that all National Fire
Protection Association requirements will be met. NNG further states that
the containment vessel includes secondary containment and the
pneumatic actuator incorporates a gas filtration system.
The impact of the project area to the neighborhood and adjacent property
owners has been minimized by limiting the tank and building size, while
still being able to accomplish the odorization of the Gilbert Branch line.
Additionally, a fenced gravel area of approximately 1,750 sq. ft. surrounds
the building and tank.
Access to the project site from GW Carver reduces the impact on the
neighborhood. The driveway will be limited to a 15-foot width as it leads
from the auxiliary lane (paved shoulder) to the project site.
The landscaping plan was prepared with careful consideration given to
adjacent landowner concerns and includes a combination of evergreen
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and deciduous plant material to decrease noise and provide visual
barriers.
Conclusions:The proposed site should not be disturbing or hazardous to
existing and future uses in the area based upon NNG’s careful
consideration of adjacent landowner concerns and compliance with local
and federal regulations for management of hazardous materials.
Therefore, it can be concluded that the 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 project site is located in a developed area. It is already served by all
essential public facilities and services. However, the facility will only
require electricity. It will not require water, storm sewer, sanitary sewer,
phone, garbage removal or mail delivery services. A new stormwater
culvert will be added at the stormwater ditch along GW Carver Avenue, at
the access driveway. Site grading will direct any runoff to the natural
drainage on the site.
Conclusions: The property is already served by essential public facilities
Therefore, it can be concluded that the property meets
and services.
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 applicant indicates the facility will be locked and gated to minimize
contact with anyone not representing or affiliated with NNG. In the
unlikely event of an emergency, emergency services will be required. An
E911 address has been acquired and a sign will be posted appropriately.
There will be no additional need for public facilities and services with this
project.
Conclusions: The use will not create any additional demand for additional
Therefore, it can be concluded that the property
public facilities.
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,
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property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare, or odors.
Findings of Fact:
The applicant indicates that the facility will have limited access to
company personnel and that it will be operated in strict compliance with
the U.S. Department of Transportation Pipeline and Hazardous Materials
Safety Administration requirements. Limited visits to the site are required
for monitoring and maintenance. All activity will be conducted and
monitored by NNG for the purpose of adding odorant to the Gilbert branch
line; therefore, this facility will not create excessive production of traffic,
noise, smoke, fumes, glare or odors.
Conclusions: Due to population growth in Ames and the surrounding area,
the applicant is required by federal law to add an odorizing unit. The
requirement is for the purpose of enhancing public safety. The odorizing
operation is highly regulated to prevent any public harm. NNG personnel
will check and maintain operations on a weekly basis.The driveway
design accommodates service trucks visiting the site but allows for trucks
to avoid backing onto GW Carver Avenue (a city collector street).
Therefore, it can be concluded that the property meets General
Standard (vi) for a Special Use Permit.
(vii)Be consistent with the intent and purpose of the Zone in which it is
proposed to locate such use.
Findings of Fact:
This area is zoned “RL” Residential -Low Density. The current use is
proposed to continue as a nonconforming use. As stated in Ames Plan
2040, Ames will accommodate much of its projected population growth in
areas contiguous to the existing built-up city. NNG states that they will be
working in tandem with the City of Ames to plan for and manage this
expected growth, in order to provide safe and reliable delivery of energy
services.
Conclusions: Since the proposed use is “nonconforming,” it is not
possible to meet the intent and purpose of the “RL” zone. However, the
continued operation of a nonconforming use is permissible. Limited
enlargement of a nonconforming use is allowed within the provisions of
the Zoning Ordinance. This applies to all zoning districts. Per the
standards of expanding a nonconforming use, it must not exceed 125% of
the existing floor area, it must comply with all requirements for the zone, it
must not create additional nonconformity, and it must be approved for a
Special Use Permit by the Zoning Board of Adjustment (see Section
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On this basis,it can be concluded that the
29.307(2)(a)(i)a). The
property meets the General Standard (vii) for a Special Use Permit.
Residential Zone Standards.
⦁
Not create excessively higher levels of traffic than the predominant
pattern in the area and not create additional traffic from the
proposed use that would change the street classification and such
traffic shall not lower the level of service at area intersections.
Findings of Fact:
Entrance to the facility will be limited to authorized NNG personnel. On
average, access will be once a week.
Conclusions: This limited access will not create higher levels of traffic and
will not change the street classification of George Washington Carver
Avenue or its level of service. The design of the driveway and the ability
to have an on-site turnaround was required by the City’s traffic engineer
It can be concluded
to ensure a safe and visible driveway approach.
that the development meets Residential Zone Standard (i) for a
Special Use Permit.
(ii)Not create a noticeably different travel pattern than the predominant
pattern in the area. Special attention must be shown to deliveries or
service trips in a residential zone that are different than the normal to
and from work travel pattern in the residential area.
Findings of Fact:
NNG states that access to the facility will be limited to authorized
personnel who will conduct weekly operations and maintenance work.
The only delivery to this site will occur once a year. As shown on the
plans, access to the project site will be from George Washington Carver
Avenue.
Conclusions: The existing travel patterns of the area will not be impacted
Therefore, itcan
and are supported by the current street infrastructure.
be concluded that the proposed use meets the Residential Zone
Standard (ii) for a Special Use Permit.
(iii)Not generate truck trips by trucks over 26,000 g.v.w. (gross vehicle
weight) to and from the site except for waste collection vehicles,
food delivery vehicles, and moving vans.
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Findings of Fact:
No trucks over 26,000 g.v.w. (gross vehicle weight) are anticipated at the
site. The applicant has stated that trucks accessing the site will be single-
axle and less than 26,000 g.v.w. and that there will be no waste collection
nor moving vans at this facility. Typical operations will not require more
than one vehicle parked at the facility at a time.
Since vehicles serving the site fall within the maximum
Conclusions:
allowed weight, it can be concluded that the development meets
Residential Zone Standard (iii) for a Special Use Permit.
(iv)Not have noticeably different and disruptive hours of operation.
Findings of Fact:
The applicant indicates that typical hours of operation for site visits at this
facility will be 8 am to 5 pm, Monday through Friday. These hours of
operation are not expected to be a disruption to the neighborhood.
Conclusions: The hours of operation will not cause any disruption to the
Therefore, itcan be concluded that the proposed use
neighborhood.
meets the Residential Zone Standard (iv) for a Special Use Permit.
(v)Be sufficiently desirable for the entire community that the loss of
residential land is justifiable in relation to the benefit.
Findings of Fact:
The area of residential land being utilized for this facility is at the rear of a
developed lot with a single-family residence. The area of the easement is
4,143 square feet or .0951 acres. There will be no loss to the number of
single-family homes. NNG states that they do not consider this a "land
loss" but rather “an investment in the City of Ames to keep the delivery of
important energy services safe, continual and reliable.”
Since there will be no loss of residential land, it can be
Conclusions:
concluded that the development meets Residential Zone Standard (v)
for a Special Use Permit.
(vi)Be compatible in terms of structure placement, height, orientation, or
scale with the predominate building pattern in the area.
Findings of Fact:
NNG states that they have been “partnering with federal and local
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regulatory authorities and local landowner neighbors to ensure that the
structure placement, height, and scale will be within regulatory guidelines,
compatible with the building pattern in the neighborhood and compliant
with local building covenants.”
The proposed 80 sq. ft. building will be smaller than most utility sheds
found on residential properties. The project site and building was
purposefully limited in size, as to not be disruptive to the adjacent
landowners and greater neighborhood.
The two features of the project site that are the most obtrusive to the
residential character of the neighborhood.are the 1,750 gravel area
surrounding the building and tank and the paved “auxiliary lane”
extending about 73 feet within the right-of-way shoulder along GW
Carver. The gravel area will be screened with fencing and landscaping,
so will not be particularly discernable. The “auxiliary lane” was an
alternative way to have trucks be able to turn around safely without
having an excessively wide driveway.
Conclusions: The project site and building was purposefully limited in
size, as to not be disruptive to the adjacent landowners and greater
Therefore, it can be concluded that the development
neighborhood.
meets Residential Zone Standard (vi) for a Special Use Permit.
(vii)Exempt
(viii)Be consistent with all other applicable standards in the zone.
h)
i) Findings of Fact:
j)
NNG states that they continuously strive to meet and exceed expectations
regarding regulatory compliance, business performance and operational
excellence. In this spirit, NNG will adhere to the current Northridge
Homeowners Association Building Covenant, city, county, state, National
Fire Protection Association and federal Pipeline and Hazardous Materials
Safety Administration standards.
h)
As a nonconforming use, the pipeline will continue to function as it has in
the past. The capacity of the pipeline remains the same, with the only
change being the addition of odorant as a safety measure and as required
under federal law. The minimum project area and equipment required to
add the odorant is the only proposed change. The proposed site meets all
zoning requirements and does not increase the nonconformity.
Conclusions: To maximize the consistency of nonconforming uses with
permitted uses, it is important to comply with as many of the development
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standards of the “RL” zoning district, as possible. The applicant has
worked with staff to minimize nonconformities and to comply with the
Therefore, it can be concluded that the
development standards.
development meets Residential Zone Standard (viii) for a Special
Use Permit.
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Attachment A: Location Map
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Attachment B: Zoning Map
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Attachment C: Site Plan & Elevations
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