Loading...
HomeMy WebLinkAbout~Master - D&O Special Use Permit to allow enlargement of a nonconforming useCITY OF AMES, IOWA ZONING BOARD OF L IE MAY 1 3 2022 T CITY CLERK - CITY OF AMES, IOWA IN THE MATTER OF THE APPLICATION OF NORTHERN NATIONAL GAS CASE NO. 22-03 COMPANY FOR A SPECIAL USE PERMIT TO ALLOW THE ENGLARGMENT OF A PARCEL IDS: 05-28-390-210 05-28-390-000 NONCONFORMING USE, SECTIONS 29.307 AND 29.1503 OF THE AMES MUNICIPAL CODE, IN THE RESIDENTIAL LOW DECISION & ORDER DENSITY ZONING DISTRCT LOCATED AT 3038 REDBUD CIRCLE AND 3036 VALLEY VIEW ROAD FACTS This application came before the Board for Special Use Permit to allow the enlargement of a nonconforming use in a residential low density (RL) zoning district located at 3038 Redbud Circle and 3036 Valley View Road. The Applicant, Northern Natural Gas Company, (NNG), is a regional 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; however, Utility Corridors 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 areas, the Applicant is required by federal law, as a safety measure, to inject an odorant into the gas stream by an odorizing unit. The odorizer unit will be located within a new accessory structure. The Applicant has selected the most suitable location for the new facility which includes portions of the properties located at 3038 Redbud Circle and 3036 Valley View Road. The site is addressed from Redbud Circle, but the project will be accessed from George Washington Carver. The building is subject to accessory building standards of the RL Zone and the base zone standards of RL. The proposed building will be constructed of galvanized ribbed sheet metal with a brown baked -on enamel finish. The site is subject to fencing, screening and landscaping requirements of Article IV of the Zoning Ordinance. 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. 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. Board Member Schneider abstained from the discussion and vote on this case due to conflict of interest. City PIanner, Eloise Sahlstrom, presented the Staff Report to the Board and recommended that the Board approve the Special Use Permit Application to allow Enlargement of a Nonconforming Use in Residential Zone at 3038 Redbud Circle and 3036 Valley View Road, as it is consistent with the standards required for granting of a Special Use Permit. Lori Swanson, resident at 2901 Cypress Circle, stated that she felt obligated to attend as a homeowner of Northridge. Ms. Swanson's property backs up to the site and she stated she does not like that the odorizer building will be the welcome site into their Northridge neighborhood. She is hoping for reconsideration of this site. Jack Swanson, resident at 2901 Cypress Circle, stated that he felt the driveway proposed for the site is over a busy multi -use path. Mr. Swanson is concerned that if NNG trucks are blocking the path that it could be a safety issue given that many people utilize the path. Mr. Swanson pointed out that NNG already has an odorizing site on Stange Road, and it is not a pretty site. Mr. Swanson wished that the planning commission would have taken northern expansion into account and determined a different location for this odorizing building. Jennifer Sweeney, representing Northern Natural Gas, stated that her company has worked a long time with the Homeowners Association. The Homeowners Association requested the NNG's plan be harmonious to the neighborhood and the landscaping company they work with will make the site blend with the community. Ms. Sweeney also stated that the site must go at this location because it is the kickoff of the Gilbert branch line. Board Members asked questions of Ms. Sweeney regarding the blocking of the multi -use path, maintenance to the site and the location of the gate entering the facility. Ms. Sweeney stated that NNG worked with Ron Franzen and the Homeowners Association regarding the placement and look of the facility. Ms. Sweeney also stated that they will not block the multi -use path. Ms. Sweeney stated that NNG would need access to the facility once a week for operations and maintenance and once a year the tank would need to be filled with odorizer. Ms. Sweeney stated the site will be behind the Northridge sign and that the multi -use path would only be obstructed when NNG is entering or exiting the site. Ms. Sweeney also stated that the gate to the facility will be located parallel to George Washington Carver and the gate is on rollers; it does not swing open. 6 FINDINGS AND DECISION The Board considered the facts as detailed above and provided in the Staff Report and all evidence provided at the hearing. The Board adopted the findings in the Staff report and found that the relevant standards were met and established by the Applicant under Sections 29.307 and 29.1503 of the Ames City Municipal Code. ORDER WHEREFORE, IT IS ORDERED that the Special Use Permit be GRANTED to allow enlargement of a nonconforming commercial use in a Residential Low Density Zoning District, at 3038 Redbud Circle and 3036 Valley View Road. Any person desiring to appeal this decision to a court of record may do so within thirty (30) days after the filing of this decision. Done this 271h day of April 2022. r Renee Hall Recording Secretary 3 LTAmmar Chair