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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 10-27-2010M INUTES OF THE REGULAR M EETING OF THE ZONING BO ARD OF ADJUSTM ENT AM ES, IO W A OCTO BE R 27, 2010 The Am es Zoning Board of Adjustm ent (ZBA) m et, pursuant to law, in regular session at 7:00 p.m . on October 27, 2010, in the Council Chambers of City Hall with the following m em bers present: Bruce Calhoun, Elizabeth Erbes, Sandra M cJim sey, and T hom as Weber. Board M em ber T aylor was absent. Staff mem bers Charlie Kuester and Judy Parks were also present. APP RO V AL OF M INUTES: M oved by Calhoun, seconded by McJimsey, to approve the minutes of the meeting of September 8, 2010 as written. Vote on Motion: 4-0. Motion carried unanim ously. CASE NO . 10-16 SPECIAL USE PERM IT - JERRY CARNEY AND SONS, INC. P ublic Hearing on app li c ati on f or a Spec ial Use Permit to allow a salvage yard on the prope rty located at 340 South Dayton Avenue City Planner Charlie Kuester explained the request for a Special Use Permit at 340 S. Dayton Avenue. M r. Kuester showed a m ap of the location. T he proposed use would allow the property to be used as a stora ge ya rd for salvaged vehicles with associated crushing of cars. The zone is General Industrial (GI), and the use is allowed with an approved Special Use Perm it. Mr. Kuester described the property and the properties surrounding the subject location. He described the topography and the access point approxim ately 500 feet north of SE 5 Street, and described the new proposed access point that will beth gated at 320 feet north of SE 5 Street. Mr. K uester said the shop, business office, and som e inventoryth will remain at their current location. To accomm odate the salvage yard, the applicant plans to grade the site to control storm water runoff. M r. Kuester told the Board that the applicant is present, and represented by Chuck Winkleblack . Mr. Kuester said this area is zoned General Industrial (GI), which allow s m ost industrial uses with very little site plan review or perform a nc e standards. However, it does make an exception for salvage and wrecking yards which require a Special Use Permit issued by the Zoning Board of Adjustm ent (ZBA). He explained that a number of crite ria are established in Municipal Code Section 29.1503(4)(a) for a Spec ial Use Permit, and Section 29.1306(1)(2)(a)(b)(c) contains m o re spec ific requirem ents for a salvage yard. T he ZBA should consider if th e se requirem ents have been met, and then con sider to approve or de ny the Special Use Permit. In granting a Special Use Perm it, the ZBA is able to require additional conditions if it sees fit. M r. Kuester explained that staff has indicated support of a number of conditions for this site. He reviewed the requirements of Code Section 29.1503 and 29.1306. M r. K uester showed the Board where the site is located, as well as the surrounding uses, including the child care facility and two pre-existing, non-conform ing residenc es. He said staff feels that the notification efforts regarding this case are sufficient. He review ed staff’s recom mendation to grant the request for a Spec ial Use Permit for an auto salvage yard on the property with conditions that staff feels are appropriate. Mr. Weber asked if there is an area the salvage yard could locate without having approval by the ZBA. M r. Kuester said there is not, that it m ust be in a GI zone. M r. Ca lhoun aske d if a salvage yard is requ ired to ha ve a lic ense. M r. Ku ester said a business license is not required by the City for this use, but a license m ay be required by the State. M r. Calhoun asked about the visibility of the salvage yard. Mr. Kuester described the grade change of the site and what m ight be visible from Dayton Avenue. He said it is not required to make sure the salvage yard is no t visible, but th at the fence is to pro vide security and scre enin g and m ake it less attractive for access to people, especially young children. M s. McJimsey asked about Section 29.1306(2)(c) regarding unsightly detraction from the use and enjoym ent of adjacent properties. M r. Kuester said that from the daycare, the fence will be seen, but not what is on the other side of the fence. She asked about the vegetation, wondering how it could be m ore secure, and less attractive to young children . M r. K uester said that the security is not continuous around1 the site, and there would be gaps to enter the site. He said it is possible people could enter the site, but that staff is not concerned about young children in the area, since the daycare is secure. 2 M r. Weber asked about runoff requirem ents. M r. K uester said the site has a storm water m anagement plan, and it has been reviewed and fou nd adequ ate for the site. Chuck Winkleblack, 105 S. 16 Street, Am es, Iowa, said it is important to know that this is a permittedth use in the GI zone, and the only zone where a salvage yard is perm itted. He said most industrial uses are not glamo ro us. H e described adjacent properties and the businesses operated at those sites. Mr. Winkleblack said Hunziker and Associates owns the new mobile home park being constructed to the north, and said they do not feel that this project will be detrim ental to the area at all. M r. Winkleblack said he checked with all City departments regarding Jerry Carney and Sons, Inc., and found there to be no problem s, violations, or inquiries related to Jerry Carney and Sons, Inc. and their auto recycling b usin e ss. He spoke of the letter from Rich Johansen of B-Bop’s, which calls them an “excellent neighbor.” Mr. Winkleblack said that B-B op ’s know ingly built its busine ss next to a sa lvage yard. He also said that Mike Flumm erfelt, the owner of the mobile home park south of the applicant’s business on Duff Avenue, does not feel that a salvage yard next to his property decreases the value or the atm osphere, nor has he had any issues w ith a salvage yard in the vicinity of families with children, rodents, or anything else. M r. Winkleblack also referenced an em ail submitted to the ZBA from the City Assessor, Greg Lynch that states there is no evidence that a salvage yard has a negative impact on property values in an ind ustria l area. He said Jerry Carne y and Son s, Inc . is a registered recycler with the state of Iow a. A requirement of being registered is c on du c ting annual wa ter sam pling of storm wa ter runoff. With records going back to 1992, there are no violations. A similar permit will be applied for after the new site is operational. This site will also have to m eet the storm water guidelines for quantity and quality. M r. Winkleblack discussed what happe ns to a vehicle w hen it a rrives at the salvage yard. Fluids are drained, the battery is rem oved, and the vehicle is placed into the lot to be dism antled. Jerry Carney and Sons, Inc . is on e of tw o salvage yards in the state that is a gold sea l certified membe r of the Auto motive Recyclers Association . T o r e c eive that gold seal, they are inspected annually to be sure they are operating at the high est standard related to emptying fluids, retaining appropriate records related to storm water runoff, and custom er satisfaction. M r. Winkleblack said the salvage yard does not d e a l w ith fo od products, or anything that provides a good environm ent for rodents. At the location o n South Duff Avenue, they did not have a problem with rodents next to a co nvenience store and a restaurant. He said there w as a cat problem on one of their ne ighbor’s properties in the past, and at that time traps were set on the applicant’s property. M r. Winkleblack asked that the Board would consider changing the car crushing from a m aximum of 2 consecutive days twice in a calendar year to a m axim um of 14 days annually, since there are many factors contributing to when cars are crushed. He said the applicant far exceeds the minim um standard in their business, is a good corporate citizen, has been devastated by floods, and is working to m ake sure this isn’t a proble m in the futu re. T here was discussion about the trees to rem ain on the property. Erbes tires M s. M cJim sey asked about the trees o n the p roperty. Matt Carney, 2108 B uchanan, Ames, Iowa, said they sell at least 75% of the tires, and about 25% of th e tire s are handled by the scrap dealers, which leaves no tires on site. M s. McJim sey asked abou t the glass. M r. C arney said this is the strictest state in the U.S. for car crushing, and the crusher is built to contain the glass, as well as any fluid that m ay be in the vehicle. He said that about 90% of an autom obile is recyclable. M s. Erbes asked w here their cars are currently crushed. Mr. Carney said they are crushed at their current site. He also said that the crusher is a new m achine, which is 100% autom atic, and not a “m on ster” machin e. M r. Calhoun asked about the licensing. Mr. Carney said the state is working on regulations. He said they have had the gold seal since the 1990's, and they operate their business ethically and professionally. M r. Ca rney told the Board that he is aware of only one other salvage yard in Iow a with the sam e status. He reviewed some processes they take to protect the environment and provide a professional service to the comm unity. M s. McJimsey asked if all of the crushing will be at the new site, and what the noise is like. Mr. Carney said crushing will occur at both loc a tions, and that the crusher has a four-cylinder John Deere deisel m otor, a little louder than a m ow er without a m uffler. H e said the lid crushing th e car is not really noisy, but it’s the engine that wou ld be heard. M r. C arne y said the crusher would be lo cated in the no rthw est corner, which is very well covered. He said the crusher w ould not be seen from D ayton Avenue, and said the noise from the concrete crushing on Dayton Avenue far exceeds the no ise the car crusher m ake s. M r. Calhoun suggested a barrier may be used to redirect som e of the noise. M r. Carney said they are not against som ething like that, but that there have been no com pla ints in the past. Larry Curtis, 323 6 Street, Am es, representing Bill Gilbert and Susan Fessler, owners of the Play andth Learn C hildren’s Center (301 Alexander Avenue, Suite A, Am es, Iowa) since 2003, said th e daycare serves about 80 children between the ages of 1 and 5. Mr. Curtis said they really enjoy their current location, and provide child care to a variety of comm unity members. He praised the Carney fam ily for their business which serves the com munity, and said that the flooding is very unfortunate. He said a salvage yard in t he G I z on e i s a pro per use, but there are two special sections that pertain to salvage yards. Mr. Curtis reviewed the criteria of Sec ti on 2 9.1503(4)(a), and questioned the noise, which is included in criteria (vi) of that section. He said if the wind was out of the west, and crushing happens 14 days annu ally, that the activities of childre n ages o ne to five wou ld be disrupte d. Mr. Cu rtis also expressed concern that th e sta ff and children will be looking down into a salvage yard as they play outside. On the topography m ap, Mr. C urtis pointed out the low points in the m iddle of the property, and the higher points on the northeast side of the property near the daycare center. He expressed concern that 8 feet of fence will not protect or shield the sight of the salvage yard from the staff and children of the daycare center. Mr. Curtis said that does not comply with the General Standard (ii) in Section 29.1503(4)(a). M r. Curtis said the requirem ents in Section 29.1306 pertaining to salvage yards are even m ore dem anding. He said special attention should be given to these three criteria. He expressed concern with all three subsections, saying that he believes the salvage yard may provide an attractive and dangerous nuisance for young children, be an harborage for rats and other forms of verm in, and be an unsightly detraction from the use and e njo ym ent of adjacent properties. Mr. Calhoun asked for clarification regarding rem arks on the fence and topography. M r. Kuester clarified that the fence will be along the edges. Mr. Calhoun said that if the fence is 8 feet tall at the high point near the daycare, he asked how the salvage yard at the lower points in the middle would be seen. Discussion continued on the topography and the fence location. Mr. Curtis said he did not believe the visibility of a fence or a salvage yard to be an appropriate view from a daycare cente r. M r. Curtis expresse d concern regarding the requirem ent of employees of facilities within 500 feet of a daycare center in terms of crim inal records. He also expressed concern of storm water runoff in that area, and questioned whether this use of the property would preclude SE 5 Street from being connectedth in the future. Mr. Curtis referenced other properties in the area, and said he h oped the area could be ind ustria l, and som ething the whole comm un ity can be proud of. Richard Johnson, 3315 Ridgetop Road, Am es, Iowa, representing Ford Street Development, said that they have developed Phase 1 and 2 of the Am es C omm unity Development Park to the east of the subject area. Mr. Johnson said his group also owns the property im mediately east of the subject property, 2711 SE 5 Street, which is 4 acres in size, has a building with 66,000 square feet of area, and is assessed atth $2.3 million. Mr. Johnson explained that the building operates as a food-grade warehouse, and is about 10 years old. He is concerned with the perception and the reality of having a salvage yard next to a food- grade warehouse and said they must convince their custom ers that this isn’t a problem. M r. J ohnson said he wonders if this would have a negative effect on the value of the property if and when it is sold. He also exp ressed concern about the storm water m ana gem ent, and ho w the water drains at the northeast corner of the site. Mr. Johnson said tha t th e re quirem ent for a Special Use Perm it raises a flag of caution, and said that appearance is im portant. He said there is a shortage of industrial land, and said that SE 5 being extended is important. Mr. Johnson said he appreciates Jerry Carney and Sons, Inc.th very m uch, saying that it is obvious that they run a good operation, but he has a few concerns. He said it is harmful if tena nts are lost, even if it is just because of pe rception . Kent Cooper, 909 Brookridge Avenue, Am es, Iow a, sa id he has owned property near the corner of Dayton Avenue and Lincoln Way since 1969. He said every once in awhile, this happens and someone gets upset because they think they are getting an acreage in this area. He described concrete crushing that goes on in the area, and said there are 25 to 30 semi trailers parked in the area that Mr. Johnson discussed. M r. Cooper reviewed m ore operations in the area including Bell Salvage and a yard wa ste site on Freel Drive. He said the GI zone is zoned fo r th is t yp e of b usiness, and the noise that these businesses create. Mr. Cooper said the area is not zoned for homesteads and daycare centers, and wondered if the daycare is there because of a Special Use Perm it. He said the noise from the trucks and dump trucks on Dayton Avenue is substantial. Mr. Cooper reviewed the uses of more properties in the GI zone. He insisted that the proposed salvage yard is not out of context w ith what is going on in the area currently. He also said that the pond is visible from the daycare, but it is not possible to see down into the subject property. Larkin Moore, 230 South Dayton Avenue, Ames, Iowa , sa id he lives north of the property, near the corner where the car crusher would be. Mr. Moore said there is not a way that this pro pe rty can be shielded from his house. He said most of the businesses on Dayton Avenue have Morton Buildings or reasonable face s. Mr. M oore said his way of life would be affected. Mr. Calhoun asked M r. Larkin if he could see M r. Cooper’s property from his property. M r. M oore said he can. M r. Calhoun asked if he ever has problem s on his property specifically attributed to the old salvage yard o r other possible environments created by the nearby businesses. Mr. Moore said there are m any anim als in the area, such as woo dchucks, co yote s, and skunks, and he belie ves they m ay co m e from the old salva ge site . M r. Cooper point e d ou t a w ooded track north of Lincoln Way that m oves south, as well as the pond north of the subject site that provides a natural pathway for anim als to travel. William Gilbert, 301 Alexander Avenue, Ames, Iowa, said he is the owner of the retention pond. He said he has ow ned the land for nine years, and the pond currently has cat tails around it. M r. Gilbert said he is receiving m ixed m e ssages from the City. He said he wonders why the City paved four lanes of Lincoln Way, and paved D ayton Avenue if developm ent is no t desired. He said he does not feel a salvage yard is developm ent. M r. Gilbert said his wife ow ns the daycare, and asked the Board mem bers if they would choose a daycare next to a salvage yard as a place for their children. Mr. Gilbert said he has nothing against the Carney business, but said the City m ust m ake a decision on its desire for the area. M r. Calhoun asked what the property was when M r. Gilbert bought it, and if he knew a salvage yard was possible in the area with a special exception. M r. G ilbert said he was not aware of that possibility, and that he thought the area was a good place for a daycare center. Mr. Calhoun asked wh a t M r. G il bert hope d the subject property wou ld becom e in the fu ture. Mr. Gilbert said at the tim e he bought his property, he didn’t care, b ut no w he is concerned about the value of his property, and the parents of potential children that would atte nd the daycare. M r. Kuester said that a Special Use Permit was approved by ZBA with many conditions for the Freel Drive location of Jerry Carney and Sons, Inc. He said since that was approved in 2007, no com plaints have been received. Regarding the extension of SE 5 Street, Mr. K uester said the applicant was toldth that it was desired to extend that at som e time, and that vehicle storage, structures, or fence would not be in the w ay of the extension. He also said that storm water runoff will not increase. Mr. Kuester said this location is ne ar m any open yard uses, and there is a need for this type of industrial use . Tom Carney, 2100 Quail Ridge Road, Ames, Iowa, spoke regarding the car crusher. He said the m achine goes up and down, the equipm ent is not intrusive, and the noise is not worse than a street sweeper. He said their company provide s a valuable service to Ames. He referenced B-Bop’s and Borders, who built after Jerry Carne y and Son s, Inc. was establishe d. Mr. Ca rne y said their business needs a place to operate; a dry place to operate. He said it is their livelihood , and they are proud of their business. Mr. Calhoun asked if the property south of the subje c t prop erty was ever considered. Mr. Carney said he had a conversation with the owner about 20 years ago, and he wasn’t interested in selling at that point. Mr. Ca rney said after learning it had be en a City dum p, the y were no longer interested. M r. Winkleblack said the residential properties are the non-conform ing uses. He said the owners can elect to stay there, but the intended uses are industrial in nature. Mr. Winkleblack said the view of the property from the daycare will not be m uch, since the fence will be a t th e h ighest point, and the topography of the property goes down from there. He said that plantings and shrubberies along the fence would soften the view from the daycare, and that is possible. He said a distinction must be m ade betw een Jerry Carney and Sons, Inc. and the salvage yard that operated in the area som e tim e ago. Mr. Winkleblack said he is confident that if any issues arise with neighbors, that the applicant would work diligently to solve them . He also said the storm water analysis has been done by licensed engineers, and approved by City engineers. He asked the B oa rd to look again at the surrounding neighborhood, and urged the Board’s support of this application. M r. Matt Carne y sh ow ed where the east fence would end, near a very large tree. He said that they considered placing a fence around that northwest corner, but there are several trees and brush in that area. He said that his family is not trying to put a burden on anyone, and that they will consider placing m ore fence. M r. Carney said his fam ily is not trying to cause difficulty for people, but they do need dry land for their busine ss. M r. Calhoun asked about the site plan approval. Mr. Kuester said the site plan has been approved by the Developm ent Review Com m ittee, and now the use is the question. M s. McJim sey asked for the permitted uses to be read to the Board . Ms. Parks read the perm itted uses3 in the GI zone . 4 The Board viewed and discussed the land use designations of the surrounding properties and the zoning categories. Ms. McJim sey said that after driving through the area, she didn’t realize how far the GI zone exte nd ed, as som e of it seems more like a com mercial office area. M s. Erbes asked for clarification o n A lt ernative No. 1, condition C. Mr. Kue ster showed the B oard where the trees are to remain, and said the trees to be rem oved along the no rth side are for the storm water drainage sw ale that tra vels do wnw ard. M s. M cJim sey clarified th at the trees along the no rthw est and the south would rem ain, and that the trees remaining on the south would be re m oved if the street was extended. Mr. Kuester said that was correct. M oved by Weber, seconded by Erbes , to adopt OR DE R NO . 10-16, granting the request for a Special Use Perm it for an auto salvage yard on the property at 340 South Dayton Avenue, with the following con ditions: A.T hat the salvage yard be fenced w ith a solid, opaque fence in the locations sho w n o n th e Site Plan, similar in design to the existing fence used to screen the existing operation on Freel Drive. The current height lim it of a fence in this location is 6 feet. The City is presenting an am endment to the Zoning C od e to the C ity 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. B.That car-crushing be lim ited to no more than 14 days per year. The Site Plan shall be updated to indicate the tem porary location of the car crusher at the north end of the site in either the first or second drive aisle from the entrance. C.T hat the existing trees (as show n on the site plan) be retained and that any rem oval will require an am endm ent to the Special Use Perm it. D.That salvage material be stacked no higher than the height of the fence. E.That dust abatement m easures be undertaken on the internal drives, when needed. F.That the fence, driveway, parking areas, and internal roadways be m aintained. This m aintenance 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 whe never peeling or chipp ing occurs. G.That no underground storage or burial of m aterials is permitted. H.T hat, prior to bringing vehicles to the site for storage, their fluids be drained and disposed of in accordance with state and federal law. M s. McJim sey asked who determ ines “when needed” on condition E. Mr. Kuester said that a complaint from a neigh bo r o r from an inspection by staff, or from a com plaint from som eone driving by. Mr. Winkleblack clarified that the roads would be made of asphault millings rather than gravel, which wou ld not create dust as gravel does. Ms. McJimsey also asked about the regulation of background checks of the salvage yard employees regarding the proxim ity of the daycare. Ms. Parks said it is the obligation of the offender to stay aw ay from the premises. Any employer near the area would need to advise their em ployees of wha t the use is of that property, but it is the obligation of the offender. M r. Calhoun said the investors in the area and the existing uses could exist there for quite awhile, and exp ressed concern that they be protected. He said he feels that there are reasons that there is a requirement of a Sp e c ial Use Perm it for this use, and thinks that requirement is there to protect the people. Mr. Calhoun said he has not heard enough to convince him that the current investm ents would be protected w ith the addition of a salvage yard. M r. Weber said he is sympathetic, but the area is zoned GI. Mr. Calhoun again stated that the special exception needed is there for a reason. Mr. Weber said he does not think Jerry Carney and Sons, Inc. operating a salvage yard on that property is going to have a negative im pa ct o n any of the existing businesses. He said that the salvage yard will not be a visual distraction to those at the daycare center with the fence along the property. Mr. Weber also said he was not concerned that the car crusher will m ake any m ore noise than som e of the trucks in the area or the concrete crushing. Mr. Calhoun said that an 8 foot fence is the only thing between the salvage yard and the warehouse. He said what is developed out there is distinctly different. H e said if someone were to com e into the wareho use or the daycare cente r, they may just turn around again. M s. Erbes said the Board’s role is to look at staff’s work, and determ ine if City staff has done their job. She said the daycare chose to be located at that location, and a salvage yard is allow ed in the are a. M oved by Erbes, seconded by Weber to am end the original m otion to allow for the fence to be placed in such a way on the north side of the property that plantings can be placed north of the fence from the east prope rty line 250 feet tow ard the west to pro vide an addition al buffer near the daycare center. Vote on Motion: 4-0. Motion carried unanim ously. M oved by Weber, seconded by Erbes, to adopt ORDER NO. 10-16, granting the request for a Special Use Perm it for an auto salvage yard on the property at 340 South Dayton Avenue, with the foll owing con ditions: 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. T he City is presenting an am endment to the Zoning Code to th e C ity C ouncil 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 lim ited to no m ore than 14 days per year. The Site Plan shall be updated to indicate the tem porary location of the car crusher at the no rth end of the site in either the first or second drive aisle from the entrance. C.T hat the existing trees (as shown on the site plan) be retained and that any rem oval will require an am endm ent to the Special Use Perm it. D.That salvage material be stacked no higher than the height of the fence. E.That dust abatement m easures be undertaken on the internal drives, when needed. F.That the fence, driveway, parking areas, and internal roadways be m aintained. This m aintenance 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 whe never peeling or chipp ing occurs. G.That no underground storage or burial of m aterials is permitted. H.T hat, prior to bringing vehicles to the site for storage, their fluids be drained and disposed of in accordance with state and federal law. R o ll C a ll V o te : 2 -2 . V o tin g A ye : W e b e r, E r b e s. V o t i n g N a y: C a l h o u n , M c J i m sey. M otion de nie d. M s. Parks explained that there nee d to be three con current Board Mem bers to decide the vote. She said this item will be brought back to the Board at the next m eeting. COM M ENTS: There were no comm ents by the Board. ADJOURNM ENT: The meeting adjourned at 10:12 p.m. ___________________________________________________________ Erin Th om pson, Recording Secretary T hom as Webe r, Ch air Corrected 11/10/2010 at the daycare and mobile home park.1 Ms. McJimsey asked if there is an effort underway to update the Land Use Policy Plan (LUPP). Mr.2 Kuester said staff has been directed to update certain numbers, including the population. He said there has been no direction from the City Council to update the map, although there is an effort underway to determine a community vision, which may affect the LUPP. and asked for clarification regarding whether a Special Use Permit was required for the daycare.3 , which included childcare and daycare centers.4