HomeMy WebLinkAboutA002 - Staff Report dated January 11, 2023 ITEM #: 3
DATE: 01-11-2023
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
REQUEST: ONE-YEAR EXTENSION OF THE SPECIAL USE PERMIT TO ALLOW A
TEMPORARY YARD WASTE PROCESSING FACILITY AT 220 & 400 FREEL DRIVE
IN A GENERAL INDUSTRIAL (GI) ZONE.
BACKGROUND:
Chamness Technology, Inc. dba Green RU, LLC has requested a one-year extension
for the Special Use Permit (SUP) to operate a Temporary Yard Waste Processing Facility
at 220 & 400 Freel Drive in the General Industrial (GI) zone. The current SUP was
granted by the Zoning Board of Adjustment (ZBA) on April 27, 2022, with
conditions.
The Decision & Order for the Special Use Permit (Case No. 22-04, dated April 27,
2022) states the following:
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 400 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. (Please note that stabilization of the driveway entrance has
been completed 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 of 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.
A Temporary Yard Waste facility may be permitted for one year with an option for
a one-year extension by the ZBA [see Section 29.1315(3)1. "Temporary Yard Waste
Processing" is a special use added to the Zoning Ordinance on March 22, 2022.
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The applicant was previously approved on three 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 for an extension. A site plan delineating the use of the site is
included as an attachment to this report. 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 described the proposed use as follows, in the April 2022 application
for a SUP:
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 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, twenty-five feet by fifty feet, currently exists as
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 twenty 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 5th 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 5th 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.
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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.
LETTER REQUESTING A ONE-YEAR EXTENSION: The letter received from
Chamness Technology, Inc., requesting a one-year extension of the Special Use
Permit that allows a Temporary Yard Waste Facility, accompanies this report (see
Attachment F).
APPLICABLE LAW:
The Board made the requisite findings for approval of the Special Use Permit in
April 2022. Findings of Fact based upon the proposed description of use and facts of the
application are included in the attached Addendum.
Sec 29.1315. Temporary Yard Waste Processing
(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
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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 Code states 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.
(a) 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: (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 two hundred feet and published in
the newspaper.
ALTERNATIVES:
1. The Zoning Board of Adjustment can approve a one-year extension of the Special
Use Permit to allow 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:
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 the plan submitted as part of
the Special Use Permit approved on April 27, 2011.
c. The term of the use shall begin on May 1, 2023, and may continue for
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one year through May 1, 2024. 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. No further extensions of the approved Special Use Permit shall be
granted by the Zoning Board of Adjustment. A new application for a
Special Use Permit shall be required for use of the site as a yard waste
facility after May 1, 2024.
2. The Zoning Board of Adjustment may deny a one-year extension of the Special
Use Permit for a yard waste facility at 220 & 400 Freel Drive, if the Board finds
and concludes that:
a. The one-year extension of the Special Use Permit is not consistent with
adopted policies and regulations, or
b. The one-year extension of the Special Use Permit will impose impacts
that cannot be reasonably mitigated, or
c. The 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.
3. Action of this request can be postponed and referred to City staff and/or the
applicant for additional information.
PLANNING AND HOUSING DEPARTMENT RECOMMENDATION:
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 seven years
of use of the site for this purpose. The requested extension of the Special Use Permit
to allow a temporary yard waste facility is the last extension that can be granted.
Continued use of the site as a yard waste facility will require approval of a new
Special Use Permit by the Zoning Board of Adjustment.
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.
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ADDENDUM
General Standards. (Please note that review by the Planning and Housing
Department indicates that the "Findings of Fact" and the "Conclusions" have not
changed since approval of the SUP in April 2022.)
(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 material 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 specified date as future
contracts could be approved, or the current contract extended.
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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 concluded that the yard waste site will meet General Standard (ii) for a
Special Use Permit as proposed by the applicant.
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.
Conclusions: It can be concluded that the proposed use of this 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.
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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 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
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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 concluded that the yard waste site will meet General Standard (vii)
for a Special Use Permit as proposed by the applicant.
S:\Planning\Council Boards Comm issions\ZBA\Special Use Permits\220 and 400_Freel Drive_SUP Extension_Temp Yd
Waster Processing Facility_01-1 1-23.docx
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Attachment A — Location Map
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Attachment B - Daily Traffic Pattern
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400 Freel Dr.Yard Waste Site
----——————
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SITE PLAN
STUME30 $ A55061ATE5 400 FREEL DRIVE T :t.'.�Ye.
LAND SURVEYING, INC. AMES, IOWA
S.".STREET.W'02 TES.0—50010 SURVEY PREPARED FOR: CLINTON REED
PHONE 515-233_,6bq FAX 515-233-4405
JOB#15571 DATE: 12/29/05 PAGE: i Df I
REGENFEU V APMEV
DEC 2 9 2005 RECEIVED - R*
CIV OF AMES,IOWA JAN 14 2021
DEPT,OF PLANNING&HOUSING CITY OF AMES IA
DEPT,OF PLANNING AND HOUSING
Attachment C — Yard Waste Free Day Traffic Pattern
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SITE PLAN
5TUME30 S A55OGIATE5 400 FREEL DRIVE
LAND SURVEYING, IN6. AMES, IOWA
510 s.11U,STREET,SUITE 102 AME5,Own�1 SURVEY PREPARED FOR: CLINTON REED ;6-MIAN_—F FAX 515-255-4403
JOB 015672 DATE-' 12/29/D5 PAGE I of I
DEC 2 9 2005 ;4-
CITY OF AMES.IOWA
DEPT.OF PLANNING&HOUSING
12
Attachment D — Site Layout/Traffic Flow
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Attachment E — Neighborhood Traffic Flow with Site Location
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Attachment F — Letter Requesting One-Year Extension of SUP
2255 LITTLE WALL LAKE ROAD•BLAIRSBURG,IA 50034.515-325-6133.515-325-6134(F)•WWW.CHAMNFSSTECHNOLOGY.COM
Bio Services To Grow On.
CHAMNESS TECHNOLOGY, INC..
December 1,2022
Zoning Board of Adjustment
City of Ames
515 Clark Avenue
Ames, Iowa 50010
Re: Special Use Permit Extension Request—Special Use Permit 22-04
Members of the Board -
This letter is to request that a one-year extension be granted to the approved Special Use Permit 22-04,
per Section 29.1315(3)of the City of Ames Zoning Code.
Special Use Permit 22-04 was approved by the Zoning Board of Adjustment on April 27, 2022 permitting
Chamness Technology,doing business as Green RU,to operate a Yard Waste Collection Site for the City
of Ames.
City of Ames Zoning Code Section 29.13 15(3)states, in part, that:
"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".
Special Use Permit 22-04 is set to expire on May 1,2023.
Therefore, it is requested that a one-year extension to the approved Special Use Permit be granted.
Chamness Technology will have a representative in attendance at the Zoning Board of Adjustment
Meeting to answer any questions regarding this extension request when this request is scheduled to be
reviewed by the Board.
Should there be any questions, concerns or additional information be required regarding this extension
request, I can be reached by e-mail at dmaccrea@chamnesstechnology.com or by telephone at 515-450-
0773.
Respectfully submitted,
Doug MacCrea
Compliance Manager
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