HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 1-11-2012MINUTES OF THE REGULAR MEETING OF
THE ZONING BOARD OF ADJUSTMENT
AMES, IOWA JANUARY 11, 2012
The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:02 p.m.
on January 11, 2012, in the Council Chambers of City Hall with the following members present:
Bruce Calhoun, Elizabeth Erbes, Sandra McJimsey, and Gary Taylor. Board Member Thomas Weber
was absent. Staff members Charlie Kuester and Judy Parks were also present.
APPROVAL OF MINUTES: Moved by McJimsey, seconded by Taylor, to approve the minutes
of the meeting of December 14, 2011, as written.
Vote on Motion: 4-0. Motion carried unanimously.
CASE NO. 12-01
SPECIAL USE PERMIT - JERRY CARNEY AND SONS, INC., 340 SOUTH DAYTON
AVENUE
Public Hearing on application for an amendment to the approved Special Use Permit for the
existing salvage yard on the property located at 340 South Dayton Avenue
City Planner Charlie Kuester explained that, in 2010, the Board approved a Special Use Permit that
allowed an auto salvage yard to operate at the subject site. The 15-acre site has since been occupied
by Carney’s salvage yard. The Carneys have made improvements to the site, most of which are
consistent with the approved site plan; however, some are not. The application before the Board is
to allow these changes to continue, as well as to approve some changes the applicants anticipate will
need to be made.
Mr. Kuester noted that the approval of the Special Use Permit in 2010 contained the following
conditions:
A.That the salvage yard be fenced with a solid, opaque fence in the locations shown on the Site
Plan, similar in design to the existing fence used to screen the existing operation on Freel
Drive. The current height limit of a fence in this location is 6 feet. The City is presenting an
amendment to the Zoning Code to the City Council on November 9 that will allow an 8-foot
fence in the locations shown on the plan. The note as shown on the site plan will allow an
8-foot fence if the amendment is approved; otherwise it will be a 6-foot fence. The fence
will be placed in such a way that plantings be placed north of the fence from the east property
line 250 feet toward the west to provide an additional buffer near the daycare center.
B.That car-crushing be limited to no more than 14 days per year. The Site Plan shall be updated
to indicate the temporary location of the car crusher at the north end of the site in either the
first or second drive aisle from the entrance.
C.That the existing trees (as shown on the site plan) be retained and that any removal will
require an amendment to the Special Use Permit.
D.That salvage material be stacked no higher than the height of the fence.
E.That dust abatement measures be undertaken on the internal drives, when needed.
F.That the fence, driveway, parking areas, and internal roadways be maintained. This
maintenance shall include replacement or repair of the fence within 14 days if it is damaged
or after it comes down. The fence shall be replaced or repaired whenever peeling or chipping
occurs.
G.That no underground storage or burial of materials is permitted.
H.That, prior to bringing vehicles to the site for storage, their fluids be drained and disposed
of in accordance with state and federal law.
A copy of the approved site plan was shown, and Mr. Kuester noted where changes have been made.
Several trees were removed from the south end of the site in order to accommodate an 8-foot fence
around the entire perimeter. In addition to the installation of the fence and the removal of the trees,
the owner seeks to change the grading of the site. The approved site plan shows a two-tier site with
the rear one-fourth of the lot about 25 feet higher than the front three-fourths. The proposed grading
creates a 2 percent grade along the entire site with the rear slope rising about 20 feet at a 3-to-1 slope.
The owners would also like to place the car crusher at the front of the property behind the fence,
rather than 200 feet farther east as indicated on the previously approved site plan.
Mr. Kuester reviewed the potential impacts of the three major changes (the fence/removal of trees,
grading change, and location of the car crusher). He explained that the owners had originally
intended to only fence the site in certain areas and rely on topography and dense vegetation in other
areas to keep trespassers out. The site is now fully fenced, with the clearing of trees and undergrowth
necessary to accomplish the installation. Although this work was done in violation of one of the
Board’s conditions, staff feels that the fence will provide a more secure facility and better restrict
access. The fencing will also further the criterion of Section 29.1306(2)(a) by making the site a less
attractive nuisance for young children.
In regards to the proposed grading change, Mr. Kuester stated that the site will be graded lower than
originally planned. There may be a benefit of lowering the area of vehicle storage by making it less
likely to be seen from abutting properties. The Public Works Department reviewed the grading and
erosion control plan and found it to meet the City’s standards.
The proposed plan places the car crusher immediately behind the fence and adjacent to the front gate,
midway between the north and south property lines. Staff finds this location to be better than the
originally approved location.
Mr. Kuester noted that the 2010 site plan showed 15 eastern white pine trees at the northeast corner
of the site, outside of the fence. An inspection made by staff revealed that several of these trees have
died, and these trees will need to be replaced. This is one of the conditions attached to staff’s
recommendation of approval.
Board Member McJimsey asked what the current status of the grading is. Mr. Kuester said that it is
incomplete; the owners have not graded beyond what the original plan was. Chair Calhoun asked if
soil borings were conducted to see if there is any sand or sediment that may inhibit storm water
drainage. Mr. Kuester said he was unaware of any borings.
Upon being questioned by Board Member Taylor, Mr. Kuester indicated that he spoke to the
neighboring property owners after notice of the hearing was sent out. The property owner to the
south had no comments after the project was described. The daycare owner informed Mr. Kuester
of the dead pine trees in the northeast corner. The residential owner to the north felt that the permit
should not have been approved in the first place, but that part is a “done deal.”
Chair Calhoun inquired about buffering requirements between this use and a residential property.
Mr. Kuester indicated that there is no buffering requirement in the zoning code from one General
Industrial property to another; however, a buffering requirement could be added as a condition to an
approval.
Ms. McJimsey asked what the procedure should have been before the owner made changes to the
site. Mr. Kuester stated that an application for a change to the Special Use Permit should have been
submitted prior to doing anything different from the approved site plan. Ms. McJimsey noted that
they would have been able to discuss the location of the fence in that scenario. The Board could have
required the owners to put a jog in the fence and leave the trees to provide a buffer. Assistant City
Attorney Judy Parks said that it is still within the Board’s purview to require that if it so chooses.
Chuck Winkleblack, 105 South 16 Street, Ames, Iowa, stated that the applicants got ahead ofth
themselves with the fencing, but the other two changes have not yet been made. At the time of the
initial application, the owners were dealing with two flooded properties. The plan all along was to
fence the entire site, but they were unsure if it would work at the beginning due to the financial
burden of the floods. Mr. Winkleblack acknowledged that even though it was the long-term plan to
fence the whole site, the owners should have asked before it was done. He indicated that the fence
was placed where it was in order to avoid moving it if Southeast 5 Street is ever extended. Mostth
of the trees that were cut out were 6 inches in diameter or smaller, and a lot of it was dead or had
fallen over.
Upon being questioned by Ms. McJimsey, Mr. Winkleblack indicated that the installation of the
fence began in May or June of 2011. Ms. McJimsey read a portion of the minutes from the October
27, 2010 meeting, in which Mr. Matt Carney stated that they would “consider” fencing the entire
site. She did not get the feeling that the long-term plan was to fence the entire site, and she expressed
disappointment that the Board did not have a chance to discuss it before it happened. Mr.
Winkleblack said that during the initial discussions with City staff, it was always the goal to have
the site completely fenced in. He said that Carney’s is a family-owned business that has operated for
years with Special Use Permits without any violations. They are accustomed to doing things the right
way, but this was a misstep. The intentions behind putting up the fence were good.
Ms. McJimsey asked if the applicants had any pictures to show what underbrush is left. Mr.
Winkleblack did not have pictures, but he indicated that there was a significant amount of growth
left up against the fence.
Scott Williams, Alfred Benesch & Co., 223 South Walnut Avenue, Ames, Iowa, stated that he is the
engineer for the project. Chair Calhoun expressed his concern regarding the grading changes on the
site. There could be rock or sand deposits which may provide a chance for groundwater pollution
through the porous soil. Mr. Williams said that they did not do any soil borings, but historically this
site and others in the area were used as “borrow sites” for roadway projects. Years ago, much of the
west end of the site was at a higher elevation; it is likely that the materials on the east end will be the
same as what is on the west. It is very typical of the surrounding area.
Matt Carney, 2108 Buchanan Drive, Ames, Iowa, apologized for putting up the fence before proper
approval was given. Mr. Calhoun asked for a description of how the car crusher is operated. Mr.
Carney explained that a semi comes in and loads 12 to 14 cars. The crusher will be fed from the east
to the west. Mr. Calhoun noted that the proposed location is close to the road, and inquired about the
danger of car parts flying or popping out of the crusher. Mr. Carney said that the crusher is enclosed,
so there would be no danger of that occurring.
Mr. Carney said that he does not wish to use the flooding as an excuse, but it did complicate the
process. He stated that fewer than 10 trees were removed, most about 4 inches in diameter. The
residential property owner requested that several of the trees be removed. He said that the area where
the trees were removed was “not a golf course,” but rather mostly overgrown, dead material.
With regard to Mr. Calhoun’s concern about the soil quality, Mr. Carney indicated that the bottom
section of the site is all blue clay. He indicated that water will not pass through it, and once the
grading is done it will drain very well. Mr. Calhoun stated that he is still concerned about the
drainage. He asked if the soil would be inspected by the City. Mr. Kuester said that the City will
inspect the grading and ensure that the storm water management plan is being followed. Mr. Carney
noted that they are required to submit storm water reports annually for all of their salvage yards.
Tom Carney, 2200 Quail Ridge Road, Ames, Iowa, said that storm water samples are taken from the
retention ponds annually, and the samples are sent to a lab for testing. The results are sent to the
Department of Natural Resources and kept on file. He added that this project was pushed ahead
because they were experiencing good weather and wanted to get the project behind them. He thanked
the Board for approving the first plan, and he said that they will do a better job of following the
proper procedures moving forward.
Moved by Taylor, seconded by Erbes, to adopt ORDER NO. 12-01, thereby granting the request for
an amendment to the Special Use Permit for an auto salvage yard on the property at 340 South
Dayton Avenue, with the following conditions:
A. That the location of the car crusher when on site be consistent with site plan filed with the
City on November 30, 2011
B. That car crushing be limited to no more than 14 days per year.
C. That salvage material be stacked no higher than the height of the fence.
D. That dust abatement measures be undertaken on the internal drives, when needed.
E. That the existing 8' fence, driveway, parking areas, and internal roadways be maintained.
This maintenance shall include replacement or repair of the fence within 14 days if it is
damaged or if it comes down. The fence shall be replaced or repaired whenever peeling or
chipping occurs.
F. That no underground storage or burial of materials is permitted.
G. That, prior to bringing vehicles to the site for storage, their fluids be drained and disposed
of in accordance with state and federal law.
H. That the dead trees planted by the applicant on the north side of the fence at the east end
of the property be replaced by May 1, 2012 and all these trees are to be maintained for as
long as the use is established at this site.
Board Member Erbes referenced Ms. McJimsey’s comment that the Board has the ability to require
more trees. Ms. McJimsey said that even though the residential properties are nonconforming, they
still have rights to an attractive surrounding. She noted that the compatibility of this use was an issue
the Board debated for a long time. If pictures had been presented, she might be more convinced that
it didn’t make any difference what was removed. She suggested tabling the item to give the
applicants and staff a chance to come up with a solution to provide buffering between the salvage
yard and the residential property. It was also suggested that the Board could require the applicant to
move the fence and/or plant additional trees on either side of the fence. Mr. Taylor noted that if the
fence were moved, the grading plan would likely need to change, which would also affect the
driveway alleyway. Different options were discussed at length.
Ms. Erbes asked what would happen to the adjacent residence if the City extends Southeast 5 Street.th
Mr. Kuester stated that the City would need to acquire the property.
Mr. Calhoun asked if any other body reviews the plans with regard to the soil or trees. Mr. Kuester
explained that the City has a Development Review Committee (DRC) that reviews developments
on a regular basis. The DRC is comprised of Public Works Engineering and Traffic, Water and
Pollution Control, and various other departments. After the trees were removed, an application was
submitted for the DRC to review. Mr. Kuester indicated that no comments were made with regard
to the residential use being affected by the cutting down of the trees. It was felt that the fence would
be much more secure than relying on undergrowth to keep people out of the site. Mr. Taylor said that
he recalled discussion in 2010 that the trees provided a better visual buffer, but a fence provided a
more secure site. He thinks the Board was more focused on the trees because of the absence of a
fence in that location. Ms. McJimsey agrees that the security was a consideration; however, the
visual buffer was a large factor for the neighbors. Mr. Winkleblack pointed out that the neighbor
specifically requested that a number of trees be removed when the fence was put up.
The Board discussed several options for providing a buffer between the residential property and the
salvage yard. Ms. Erbes suggested that planting trees on the inside of the fence would provide a
visual buffer up higher and soften the look of the fence.
Moved by Erbes, seconded by McJimsey, to amend condition H to state “That the dead trees planted
by the applicant on the north side of the fence at the east end of the property be replaced by May 1,
2012, that additional new trees be planted on the north side of the west end of the south fence and
climbing vines or something similar be planted to green the fence. All of these trees and plantings
shall be maintained as long as the use is established at this site.”
The Board discussed different types of trees that could be planted. Mr. Taylor is concerned that this
may put the applicants in a box or require changes to the grading plan. Discussion ensued regarding
the specific impacts the additional trees may have on the site plan.
Mr. Winkleblack stated that the idea of planting trees on the inside of the fence is not ideal. He
speculated that by the time the new canopy was developed and flourishing, the residential property
may not exist anymore due to the extension of Southeast 5 Street. It could take years before theth
trees could provide any buffering or softening. He asked if the Board might table the item, and
offered to speak with the neighboring property owners to see what their concerns are and find out
what might make them happy. Ms. McJimsey asked Mr. Kuester to sit in on the conversation with
the neighbors. She would like the Board’s point of view represented; the other property owners may
think that since the fence is up, it’s a “done deal.” She would also like a clear understanding of what
happens to the fence and the Special Use Permit if Southeast 5 is extended past the property. Mr.th
Kuester stated that the subject property would not be impacted by the Southeast 5 extension.th
Chair Calhoun said that in zoning considerations, the Board doesn’t necessarily consider how the
neighbors feel, it considers land uses and how they conform with the zoning ordinance. It is not what
the neighbors want or don’t want; it is about compatibility.
Moved by Taylor, second Erbes, to postpone the hearing to the next regularly scheduled meeting.
Vote on Motion: 4-0. Motion carried unanimously.
COMMENTS: There were no comments by the Board.
ADJOURNMENT: The meeting adjourned at 8:30 p.m.
___________________________________________________________
Emily Burton, Recording Secretary Bruce Calhoun, Chair