HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 03/20/20241
MINUTES OF THE REGULAR MEETING OF THE
AMES ZONING BOARD OF ADJUSTMENT
AMES, IOWA MARCH 20, 2024
The Ames Zoning Board of Adjustment met, pursuant to law, in Regular Session at 6:00 p.m. on
March 20, 2024, in the Council Chambers of City Hall. The following members were present:
Chad Schneider, Caleb Whitehouse, Leila Ammar, Leah Patton, Michael Zenor. Also, present
were Assistant City Attorney Jane Chang, and City Planners Ray Anderson and Amelia
Schoeneman
Approval of Minutes; February 14, 2024:
Moved by Whitehouse seconded by Zenor to approve the minutes of the February 14, 2024,
Zoning Board of Adjustment meeting.
Vote on Motion: 5-0. Motion declared carried unanimously.
CASE NO. 24-04
Public Hearing on a request for a Temporary Special Use Permit for Yard Waste and
Collection and Transfer Site at 220 and 400 Freel Dr. (Parcel numbers (220 Freel) 09-12-
201-045 (400 Freel) 09-12-251-160)
City Planner Ray Anderson stated that this is a Special Use Permit for a Yard Waste and Collection
Site. An extension was given a year ago from a SUP granted in 2022. The Code allows a
Temporary SUP for one year and they can be granted a one-year extension on that SUP. This is a
new Temporary Special Use Permit. It remains in the same location since 2017. The 220 Freel is
used as an exit if needed for traffic control. The approval in 2023 included some conditions. One
was that there could be no further extensions without filing for a new Temporary SUP with a time
frame of 5/1/2023 through 5/1/2024. This current application must be approved prior to the
expiration of that extension. There are no changes or site improvements it would continue to
operate as it has this past year. There have been no complaints received about the site. There will
be five free days, one spring day and four days in the fall. The time for Saturday free days has been
extended to 4:00 PM instead of until noon. The staff has reviewed the conditions and standards
and they have been met. This is in the General Industrial Zone and is a permitted use in the
Industrial Zone with the SUP. Staff recommends approval with the conditions of a one-year
Temporary SUP until 5/1/2025.
Questions for Staff:
Leila Ammar asked about the extension process. Mr. Anderson stated that this is a new Special
Use Permit. The extension was last year but they must reapply for the Temporary SUP. Ms. Ammar
asked if there was a more permanent permit. Mr. Anderson stated that the Code requires this
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process. Mr. Schneider asked about a previous discussion regarding pavement. Mr. Anderson said
that there is no requirement in the Code for paving.
Applicant Doug McCrea of 913 Tennyson and a part time employee that operates the site. There
were no questions for the applicant.
Caleb Whitehouse asked why this is temporary. Mr. Anderson said the only difference is the term
of the permit.
Public Comment: None
Discussion: None
Moved by Zenor to accept Alternative 1, seconded by Ammar.
The Zoning Board of Adjustment approves 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.
Roll Call: Schneider, aye; Whitehouse, aye; Ammar, aye ; Zenor, aye; Patton, aye
Vote on Motion: 5-0. Motion declared carried unanimously.
Mr. Schneider stated that this decision can be appealed through the District Court within 30
days after the filing of the Decision and Order.
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CASE NO. 24-05
Public Hearing on a request for a Special Use Permit to allow an expansion of parking and
vehicle storage area for a non-conforming vehicle service facility use. (Parcel numbers (102
Hyland) 09-04-353-120 (116 Hyland) 09-04-353-130)
City Planner Amelia Schoeneman stated this Special Use Permit is to expand a non-conforming
use. Campus Garage is a vehicle service facility. The original building was constructed in 1968
with the existing parking area. That vehicle service building is a non-conforming use which means
it isn’t permitted in that Zoning District. The property to the north was purchased by the owner of
vehicle service center ten years ago. Previously it was rental apartment dwelling. That dwelling
was torn down and has remained vacant. The expansion of the non-conforming use is to extend
the parking area to the parcel to the north. There was rock added to that parcel without zoning
review. This SUP will be the final step towards compliance for the rock on the parking area.
This SUP must have a Minor Site Development Plan which is what is before the Board this
evening. The Minor Site Development Plan requires landscaping, screening, dumpster enclosures
and parking. On the existing site it would be required that the applicant come into compliance as
practical for those standards. Staff recommends for the existing site a seven-foot landscaping
buffer along Hyland and Lincoln Way is permitted, usually this would require ten feet. The parcel
to the north would require full compliance with development standards as this is a new use. The
Board will need to approve an alternative landscaping plan to allow for the seven-foot landscaping
buffer along Hyland for this parcel. Alternative landscaping designs can be approved if the quality
of the design meets or exceeds the requirements. Staff has determined that this standard has been
met with the higher quality landscaping plan. The site was recently rezoned as part of the Master
Plan and was approved by City Council. This Master Plan shows where landscaping must occur.
Both the Minor Site Development Plan and the Special Use Permit must be in compliance with the
Master Plan. Staff found that this standard was also met.
Staff found due to the high screen buffer the alternative landscaping plan may be approved and all
Commercial Zone and General Zone standards for this SUP were met. This site will be enhanced
with additional landscaping, the paved parking, and the improved access configuration. It won’t
impact the neighborhood nor would be an issue for potential of the site to be redeveloped and Staff
found all the standards have been met. There was an additional memo received regarding a
modification to the conditions. Condition C in Alternative 1 was to have the site rezoned and that
has occurred. So that condition was removed. Staff has worked with the applicant regarding a
timeline for the site improvements to be completed. The applicant has indicated that they will start
and complete all the improvements on the north site by the original dates; start July 2024 and
complete by November 2024. The applicant requested an extension to the timeline for the
improvements to the site to the south. The request was for an extended time for the landscaping
and reconfiguring the access. Since this was not a code compliance issue staff agreed to
recommend an extended timeline to July 1, 2025, for those improvements.
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Questions for Staff:
Mr. Whitehouse asked if the site was in compliance with the zoning change. Ms. Schoeneman
stated that this is still non-conforming use even with the rezoning. This was a Residential Zone
and within residential zones there are stricter requirements for parking lots. This has been rezoned
to a Neighborhood Commercial Zone which gives them more parking area. The new zone also
brings this area into conformance with the Comprehensive Plan. There will be opportunities along
this corridor for infill and redevelopment. The Neighborhood Commercial Zone is more in line
with the future land use plan than the previous Residential Zone. Mr. Whitehouse continued that
the garage is still a non-conforming use. Ms Schoeneman confirmed which is why the Special Use
Permit is needed to expand the non-conforming use.
Mr. Schneider confirmed that the north lot will be paved. Ms. Schoeneman acknowledged yes.
Applicant:
Eric Cowles of Bolton-Menck at 1519 Baltimore Dr. sworn in. Thanked staff for their work on
this project.
Public Hearing: None
Discussion: None
Moved by Ammar to accept Alternative 1, seconded by Zenor.
Approve the request for a Special Use Permit to allow the expansion of a parking and
vehicle storage area at 116 Hyland for a nonconforming vehicle service facility, Campus
Garage, at 102 Hyland, in the NC (Neighborhood Commercial) Zoning District with the
alternative landscape plan by determining that the Findings of Fact and Conclusions in the
Addendum, meet the criteria of Section 29.1503(5) and with the following stipulations and
conditions:
a) A 7-foot front yard landscaping buffer at 116 Hyland is permitted per the alternative
landscaping plan.
b) The proposed shrubs in the high screen buffer must be high shrubs (over 6 feet in
height at maturity). A living ground cover is also required in the high screen buffer.
The front yard trees and shrubs must be diversity standards (no more than 50% of
one species). The landscape plan quantities shall be updated to match the provided
landscaping.
c) The improvements for the new parking area and abutting landscape planters at 116
Hyland shall commence by July 1, 2024, and the improvements shall be completed
by November 1, 2024. The improvements including to close and modify the
accesses and install landscaping at the existing parking area at 102 Hyland shall be
completed by July 1, 2025.
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The Planning and Housing Director may authorize performance extensions for
good faith performance that is hindered by unforeseen delays.
Absent extensions by the Planning and Housing Director, if work has not been
initiated for grading of the site for new paving or creation of the new landscape
planters at 116 Hyland by July 1, 2024, the approval shall be considered void if an
extension has not been requested by the property owner to the Board. Failure to
complete all improvements by the aforementioned deadlines (November 1, 2024,
for 116 Hyland and July 1, 2025, for 102 Hyland), will be considered
noncompliance unless otherwise approved for an extension.
Roll Call: Schneider, aye; Whitehouse, nay; Ammar, aye; Zenor, aye; Patton, aye
Vote on Motion: 4-1. Motion declared carried.
Mr. Schneider stated that this decision can be appealed through the District Court within 30
days after the filing of the Decision and Order.
ADJOURNMENT: Moved by Ammar seconded by Whitehouse to adjourn the meeting at 6:24
PM.
Vote on Motion: 5-0. Motion declared carried unanimously.
_____________________________ _____________________________
Natalie Rekemeyer, Recording Secretary Chad Schneider, Chair