HomeMy WebLinkAbout~Master - D&O Special Use Permit to allow a temporary yard waste facility,CITY OF AMES, IOWA
ZONING BOARD OF ADJUS
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MAY 13.202z
CITY CLERK
CITY OF AMES, IOWA
IN THE MATTER OF THE APPLICATION
OF CHAMNESS TECHOLOGY, INC., dlb/a CASE NO. 22-04
GREEN RU, LLC, FOR A SPECIAL USE
PERMIT TO ALLOW A TEMPORARY PARCEL IDS: 09-12-201-045
09-12-251-160
YARD WASTE FACILITY, AMES
MUNICIPAL CODE SECTIONS 29.1315 DECISION & ORDER
AND 29.1503, IN THE GENERAL
INDUSTRIAL ZONING DISTRICT AT 220
& 400 FREEL DRIVE
FACTS
This application came before the Board for a Special Home Occupation Permit 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 (1) year with an option
for a one (1) year extension by the Board.
The subject site was previously granted approval of a one (1) year Special Use Permit by the
Board that expires on May 1, 2022. The Applicant was previously approved on two (2) separate
occasions to operate the same facility type. The site has been used for the same purpose since
May of 2017.
The arrangement of uses follows the previously approved plan. Although uses within a GI
zoning district are required to meet paved parking and maneuvering area and Iandscaping
requirements, per the new Special Use standards for temporary yard waste facilities the Board
may approve the proposed plan without requiring a site plan and site improvements.
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.
The Applicant requested to continue use of the rock driveway and informal parking areas along
the South property line to meet parking needs without adding additional paving to the site.
Director of Planning & Housing Kelly Diekmann presented the Staff Report to the Board and
indicated that the special allowance meets all normal use special requirements and recommends a
one-year approval, and the Applicant can ask for extension.
Doug MacCrea representing Green RU, was in attendance to answer any questions of the public
and the board.
Dan Kepley, representing 3D LLC, 2550 Stagecoach Road, Ames, Iowa, owns the property
South of the Green RU driveway, approximately three (3) acres since the 1970's. Mr. Kepley
stated that he is concerned the area will start to look like the site across the street with twenty
feet of yard waste piled high. Mr. Kepley had the three (3) lots rented up until this past January
and he is now trying to sell them. Mr. Kepley stated that nobody wants to purchase land next to
a dump site and his property value has plummeted.
The Board discussed the enforcement of stock piling waste at the site and removal of materials.
Mr. MacCrea stated that they have removed some of the material but have been asked by the
DNR to maintain the stockpile due to the bird flu and said that they plan to start cleanup in mid -
May to comply with the DNR and to be a good neighbor and abide by regulations. Mr. MacCrea
stated that his agreement with the landowner is to clean up the site back to its original state when
Green RU is finished occupying.
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 29.1315
and 29.1503 of the Ames City Municipal Code.
WHEREFORE, IT IS ORDERED that the Special Use Permit be GRANTED to allow for a
one-year approval of a temporary yard waste processing facility at 220 and 440 Freel Drive, with
the following conditions:
a. General operations on weekdays and weekends as described within the application and up
to five large event days.
b. 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.
c. 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.
d. Any extension of the use (up to 1 year) must be approved prior to May 1, 2023 by the
ZBA.
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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 27�h day of April 2022.
Renee Hall
Recording Secretary
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Le' a mar
Chair