HomeMy WebLinkAboutA003 - Council Action Form dated March 13, 2024 (2) ITEM #: 2
DATE: 03-13-2024
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 SITE 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 Collection and Transfer Site at 220 & 400
Freel Drive in the General Industrial (GI) zone. The request is to grant a new Special Use
Permit, for the intended use, for one year.
The one-year extension (granted in 2023) of the previous SUP (granted in 2022), expires
on May 1, 2024.
The Decision & Order for the Special Use Permit (Case No. 23-02, dated January 11,
2023) states the following:
WHEREFORE, IT IS ORDERED that the Special Use Permit be GRANTED to allow for a one-
year extension of the Special Use Permit to allow a temporary yard waste processing facility at
2220 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 the plan submitted as part of the Special Use Permit
approved on April 27, 2022.
C. The term of the use shall begin on May 1, 2023, and may continue for 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.
The applicant was previously approved on two separate occasions to operate the same
type of use (a yard waste collection and transfer site). The site has continually been used
for this purpose since May of 2017.
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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 [See Section 29.1316(3) of the Municipal Code].
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 Special Use standards in Section 29.1315(4) for
Temporary Yard Waste Processing, the ZBA 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 Section 29.1503 are
met.
The applicant describes the proposed use as follows:
• The site will be operated as a seasonal yard waste collection and transfer location
operated by Chamness Technology (dba Green RU) under contract with the City
of Ames. Only yard waste, brush, and tree debris will be collected at the site.
• Collection and temporary holding of yard waste and brush/tree debris will be
conducted on the eastern section of the property. A gate is installed to
control/prevent after hours or unauthorized dumping.
• Yard waste and ground wood material will be transferred from the site on an as
needed basis for composting at a location outside Story County.
• All materials will be removed from the site within 60 days of the end of the permit
and agreement with the City.
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 a composting facility. 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 13th on Mondays, Wednesdays, and Fridays and from 8:00 to 12:00 on all
Saturdays. October 14th through December 14th, 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
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was installed in May of 2017. There is an existing fence at the front property line and a
gate that has been installed. 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.
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 Use
Permit that are defined below. Findings of Fact based upon the proposed description
of use and facts of the application are included in the attached Addendum.
Sec 29.1316. 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.
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(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.
Chapter 29, Section 29.1503(4)(a) and (e) of the Municipal Code states the following:
Sec. 29.1503. SPECIAL USE PERMIT.
(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 200 feet and published in the
newspaper.
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ALTERNATIVES:
1. The Zoning Board of Adjustment can approve the Special Use Permit for a one-
year approval of a temporary yard waste and transfer site at 220 and 400 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 application.
c. The term of the use shall begin on May 1, 2024, and may continue for one
year through May 1, 2025. 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. 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.
2. 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:
a. That the proposed Special Use Permit is not consistent with adopted
policies and regulations, or
b. That the Special Use Permit will impose impacts that cannot be reasonably
mitigated, or
c. 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.
3. Action of this request can be postponed and referred to City staff and/or the
applicant for additional information.
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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 eight 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.
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ADDENDUM
Sec. 29.1503. SPECIAL USE PERMIT.
Chapter 29, Section 29.1503(4)(a) and (e) of the Municipal Code:
(a) 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 a
composting facility. 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
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contract with the City. However, that does not include a 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 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.
(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 overtime-, 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.
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
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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
Special Use Permit.
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(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.
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Attachment A — Location Map
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11
Attachment B - Daily Traffic Pattern
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400 Freel Dr.Yard Waste Site
----——————
L- -------------------------- ... ——————————----
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isKt �
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
12
Attachment C — Yard Waste Free Day Traffic Pattern
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7
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SITE PLAN
5TUME30 S A55OGIATE5 400 FREEL DRIVE 01..1
LAND SURVEYING, IN6. AMES, IOWA
510 s.11U,STREET,SUITE 102 AME5,Own S to SURVEY PREPARED FOR: CLINTON REED
PHONE 515-233-36B9 FAX 515-255-4403
JOB 015672 DATE-' 12/29/D5 PAGE, I of I
RECEIVED
DEC 2 9 2005 ;4-
CITY OF AMES.IOWA
DEPT.OF PLANNING&HOUSING
13
Attachment D — Site Layout/Traffic Flow
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14
Attachment E — Neighborhood Traffic Flow with Site Location
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