Loading...
HomeMy WebLinkAbout3 ITEM #: 5 DATE: 04-27-2022 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT REQUEST: SPECIAL USE PERMIT TO ALLOW A TEMPORARY YARD WASTE COLLECTION AND TRANSFER FACILITY AT 220 & 400 FREEL DRIVE IN A GENERAL INDUSTRIAL (GI) ZONE. BACKGROUND: Chamness Technology, Inc. dba Green RU, LLC has applied for a Special Use Permit (SUP) to operate a Temporary Yard Waste Processing Facility at 220 & 400 Freel Drive in the General Industrial (GI) zone. A Temporary Yard Waste facility may be permitted for one year with an option for a one-year extension by the ZBA. A Temporary Yard Waste Processing facility is a new special use recently added to the Zoning Ordinance. The Special Use standards of Article XIII of the Zoning Ordinance allows for the ZBA to make a determination during the review of the proposed plan as to what site improvements related for paving and landscaping are necessary to find the use compliant with the criteria of the Special Use Permit. The subject site was most recently granted approval of a one-year Special Use Permit by the ZBA that expires on May 1, 2022. The applicant was previously approved on two separate occasions to operate the same facility type. The site has been used for the same proposed use since May of 2017. The applicant proposes no permanent improvements for parking or landscaping as part of their request. A site plan delineating the use of the site is included as part of the application. The arrangement of uses follows the previously approved plans. Although uses within a GI zoning district are required to meet paved parking and maneuvering area and landscaping requirements, per the new Special Use standards for temporary yard waste facilities the ZBA may approve the proposed plan without requiring a site plan and site improvements. Project Description 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. 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 1 be from 12:00 pm to 5:00 pm through October 15th on Mondays, Wednesdays, and Fridays and from 8:00 to 12:00 on all Saturdays. October 16th through December 16th, 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 5 th 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 5 th 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 Findings of Fact based upon the Use Permit that are defined below. proposed description of use and facts of the application are included in the attached Addendum . Sec 29.1315. Temporary Yard Waste Processing 2 (1) It is recognized that yard waste processing sites to serve City diversion goals may require the establishment of temporary facilities for the collection and disposal of yard waste. These sites serve the residents of Story County and may be located within the corporate limits of Ames. (2) The Zoning Board of Adjustment can authorize a Special Use Permit for a temporary yard waste collection and disposal site when the use is allowed in the Base zoning district and only after a public hearing in accordance with the submittal and approval procedures set out in Section 29.1503. (3) Any Special Use Permit for a temporary yard waste collection and disposal site must terminate within one year of its approval. A single extension of up to one year may be granted by the Zoning Board of Adjustment provided the initial Special Use Permit has not expired. (4) Additional Requirements a. All temporary principal and accessory structures and storage of materials shall meet the setbacks of the zone in which it is located. b. The Zoning Board of Adjustment may modify site improvement requirements related to paving, landscaping, and buffering in recognition of the type of activity and limited use, provided that the criteria for a Special Use Permit under Ames Municipal Code section 29.1503 are met. c. If any site improvements are proposed, the Applicant must submit a minor site plan with their Special Use Permit Application. d. The Zoning Board of Adjustment may apply any other appropriate standard as a condition of approval 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. Special Use Permit Chapter 29, Section 29.1503(4)(a) and (e) of the Municipal Codestates 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. ⦁ General Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use 3 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." PUBLIC NOTIFICATION: Notification was made to all owners of property within 200 feet and published in the newspaper. ALTERNATIVES: ⦁ The Zoning Board of Adjustment can approve the Special Use Permit for a one-year approval of a temporary yard waste processing facility at 400 and 220 Freel Drive, based on the findings of fact and conclusions stated herein, with the following conditions: ⦁ General operations on weekdays and weekends as described within the application and up to five large event days. ⦁ Use of the site shall be consistent with submitted plan. This includes stabilization of the driveway entrance to the satisfaction of the Public Works Director. ⦁ The term of the use shall begin on May 1, 2022 and may continue for one year through May 1, 2023. 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. ⦁ Any extension of the use (up to 1 year) must be approved prior to May 1, 2023 by the ZBA. ⦁ 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: ⦁ That the proposed Special Use Permit is not consistent with adopted policies and regulations, or 4 ⦁ That the Special Use Permit will impose impacts that cannot be reasonably mitigated, or ⦁ That the proposed site plan does not meet the minimum standards of the zoning ordinance including zoning standards of paving parking and maneuvering areas and that the applicant must make improvements to the site with approval of a Minor Site Development Plan. ⦁ Action of this request can be postponed and referred to City staff and/or the applicant for additional information. PLANNING AND HOUSING DEPARTMENT RECOMMENDATION: With the recent change to allow for temporary yard waste facilities, which is different than the review by the ZBA in 2021 when there was no allowance for temporary facilities, the proposed use may be approved to operate without permanent improvements to the site as is required of other uses in the GI zoning district. The proposed site plan for use of the site and described hours of operation are consistent with prior approvals. Continued use of the site in the future would at some point no longer be considered temporary.Approval of this permit will result in approximately six years of use of the site for this purpose. Based upon review of the operations and the findings of fact for the special use permit included in the addendum, the Planning & Housing Department recommends Alternative #1. 5 ADDENDUM General Standards. (i)Be harmonious with and in accordance with the general principles and proposals of the Ames Plan 2040 of the City. Findings of Fact:The subject site has a General Industrial Land Use Designation along with all the surrounding properties. The area has an Employment Designation within Ames Plan 2040. This designation allows for a wide range of industrial uses that correspond to the GI zoning district applied to the site. Conclusions: The type of use (industrial) is consistent with the general land use designation of Employment. 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 6 specified date as future contracts could be approved, or the current contract extended. The applicant has not included a formal Site Development Plan for paving improvements on the driveway and parking for regular use of the site. The applicant contends the temporary nature of the use with the stabilized driveway and use of prior parking areas, including isolated concrete slabs meets the intent of City’s standards. 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: As proposed the Board would need to find the lack of a paved driveway and parking and associated front a yard landscaping would not cause the use to be designed or operated in a manner that is out of character for the area. The general area has many unimproved or nonconforming lot conditions. Although the City seeks to have these properties improved over time, the limited intensity of use and duration are the primary support factors for not making site improvements at this time. It be concludedthat the yard waste site will meet General Standard (ii) for a Special Use Permit as proposed by the applicant. (iii)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. It can be concluded that the proposed use of this Conclusions: 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. 7 8 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 and would be a responsibility of the operator consistent with terms of the City’s contract. 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 9 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. (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 In addition to base zoning standard, the City has established special use standards for Temporary Yard Waste Processing facilities in Article XIII. This process allows for the ZBA to take into consideration the limited duration of the use in evaluation of conformance of the request to City standards and Special Use Permit criteria. Conclusions: With limitations of one year of use as outlined in the Zoning Ordinance the operations can be found consistent with the intent of the zone. It can be concludedthat the yard waste site will meet General Standard (vii) for a Special Use Permit as proposed by the applicant. 10 11 Attachment A –Location Map 12 Attachment B –Daily Traffic Pattern 13 14 15 Attachment C –Yard Waste Free Day Traffic Pattern 16 17 18 Attachment D –Site Layout/Traffic Flow 19 20 21 Attachment E –Neighborhood Traffic Flow with Site Location 22 23 24