HomeMy WebLinkAbout2010-10-26 Recommendation-.
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October 26, 2010
James Amlong, Chairperson
Johnson County Board of Adjustment
913 S Dubuque Street
Iowa City, IA 52240
Re: S & G Materials Conditional Use Permit Application
Dear James and Members of the Board:
The City Council has received the request from S & G Materials for a temporary conditional use permit for a
concrete and asphalt recycling operation in unincorporated Johnson County south of Izaak Walton League
Road. The Johnson County Unified Development Ordinance requires City review for conditional use permits
for property within the fringe area. At its October 21 meeting the Iowa City Planning and Zoning Commission
recommended by a 5 -0 vote (Freerks absent, Busard recused) that the Iowa City City Council recommend
approval of the conditional use permit, provided that the expiration date of the Conditional Use Permit
corresponds with the end date of the current recycling operation and that the County requires the applicant to
make any improvements that are necessary to Izaak Walton League Road as determined by the County
Engineer.
The City Council concurs with the Planning and Zoning Commission's recommendation and recommends the
temporary conditional use permit request submitted by S & G Materials be approved, subject to the conditions
noted above. .
Sincerely,
Matthew Hayek
Mayor
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009
City of Iowa City
MEMORANDUM
Date: October 21, 2010
To: Planning & Zoning Commission
From: Christina Kuecker, Associate Planner
RE: CU10 -0001 S &G Materials Conditional Use Application - amendment
S & G Materials has applied to Johnson County for an amendment to a previously approved
conditional use permit to allow for asphalt, rock, and concrete recycling at their Izaak Walton
Road plat site. The previous conditional use permit allows for the mining of sand in this
location. The subject property is located south of Iowa City near Izaak Walton Road and
west of the Iowa River. The applicant's property is located in Fringe Area C of the Fringe
Area Policy Agreement but is outside of the Iowa City Growth Boundary. The Agreement
states, "[Developments] which are not within Iowa City's growth area [but within the Fringe
Area] which are zoned for non -farm development... may occur in conformance with Johnson
County's Unified Development Ordinance and City Rural Design Standards." The Johnson
County Zoning Ordinance permits cities to review conditional use permits for applications
within their extra - territorial jurisdiction. Conditional use permits require a 4/5- majority vote of
the Johnson County Board of Adjustment to approve a permit opposed by the City Council.
In 2000, the applicant applied for and was granted a conditional use permit for the sand
mining operations conditioned upon dust -free maintenance of Izaak Walton Road. In 2006,
a second conditional use permit was granted to expand the sand mining operations
conditioned on the applicant improving the entrance to Izaak Walton Road from Oak Crest
Hill Road and the applicant implementing a Wetland Mitigation Plan created by Red -Tail
Restoration.
The present conditional use permit application is to allow for asphalt and concrete recycling
and storage at the existing sand mining site. In March 2010, the County added asphalt and
concrete recycling as a temporary Conditional Use. The proposed amendment would allow
the continued rock recycling activities and allow the site to be brought into compliance with
the new County regulations.
Currently, the applicant (S & G) has accumulated piles of concrete (reportedly from the
demolition /construction at Wal -Mart on Hwy 1 and the VA Hospital project) on site that they
wish to crush, recycle, and sell as road sub -base materials. The applicant has been using
the northern most parcel (Parcel 1 — see attached) for current operations. The asphalt and
concrete are currently located on Parcel 1. The applicant intends to begin moving the
operation to the southern parcel (Parcel 2).
S & G was recently informed by County Planning and Zoning staff that they were in violation
of their existing conditional use permit that only allows for the mining and extraction of sand
and gravel on the premises — not asphalt and concrete recycling operations. If the asphalt
and concrete recycling operation continues without proper permitting, S & G risks having
their current conditional use permit ( #10259) revoked. They promptly filed an application to
amend their existing Conditional Use Permit to allow for a permanent asphalt and concrete
recycling operation in the A- Agricultural zoning district.
July 6, 2006
Page 2
According the Johnson County Unified Development Ordinance, Asphalt and Concrete
Recycling Plants are conditionally allowed for temporary operation only, in the A-
Agricultural zoning district. The asphalt and concrete recycling operations have been going
on since 2003. The applicant has indicated that in order to comply with the Johnson County
Unified Development Ordinance that they will determine an end date for the current
operations that will correspond to the expiration of the Conditional Use Permit. Then if S &G
Materials Company wanted to accept future large materials recycling projects, they would
need to re -apply for another temporary conditional use permit. This would give the City the
opportunity to make comments for each future application. An end date has yet to be
determined for the current operations.
The County Staff has noted several conditions for the approval of the Conditional Use
Permit, listed below. County Staff has also recommended attaching a firm timeline within
which all conditions must be met or the recycling operation ends. The County's conditions
are:
1. The applicant shall obtain written approval for the proposed entrance to the
public roadway from the County Engineer.
■ Additionally, the applicant may need to negotiate with the County
Engineer and the Board of Supervisors regarding upgrading the road
surface of Izaak Walton Rd. SE
2. The applicant shall obtain written approval from the Iowa Department of Natural
Resources for the discharge of any waste from the proposed facility.
■ The Iowa Department of Natural Resources must be made aware of
this application. Staff has concerns regarding any dust, debris, or
other particulate matter entering the Iowa River watershed.
3. The applicant shall obtain written consent for the proposed facility location from
the owners of all dwellings and commercial structures located within 500 feet of
the property boundary described in the application or receive consent by 415
majority vote of the Board of Adjustment to approve said permit.
■ Consent from property owners on the north side of Izaak Walton Rd.
SE should be sought out.
4. A permit for such a recycling plant shall be issued for a specific period of time
that coincides with the estimated completion date of the project.
■ The period of time for operation must be established at the time of
permit approval and related to a eminent or on -going project.
5. The recycling plant shall be removed and the recycling plant site shall be
restored to its original productive state within 180 days after the completion of the
identified highway or road project or projects.
■ The Johnson County Planning and Zoning Administrator shall make
the final judgment regarding any necessary remediation. The
applicant shall also agree to pay for any necessary professional
services regarding remediation of the site to its original state.
6. The applicant must have and receive an approved soil erosion control plan and
storm water management plan.
July 6, 2006
Page 3
■ The Johnson County Soil and Water Conservation District will
approve all soil erosion control plans and storm water management
plans.
7. Any conditions set forth by the City of Iowa City Council.
■ The Iowa City Council will meet on this application in November.
8. All elements of the Sensitive Areas Ordinance.
Staff agrees with the County staff in that a temporary concrete and asphalt recycling facility
tied to specific jobs would be compatible with the current uses at the site. Staff's main
concern is the impact on Izaak Walton Rd due to the possible increase in adjacent activity.
By having the recycling operation as a temporary use, it would allow the City to monitor the
condition of the road and ensure the use's impact on the road. Staff believes that Izaak
Walton Road should be assessed by the County Engineer and if it is determined that it
needs to be improved or upgraded, then this should be a condition of the approval.
Staff Recommendation
Staff recommends that the City Council forward a letter to the Johnson County Board of
Adjustment, recommending that a conditional use permit be approved, subject to:
1. An expiration date of the Conditional Use Permit that corresponds with the
end date of the current recycling operation
2. County requiring any improvements that are necessary as determined bythe
County Engineer are made to Izaak Walton League Road
Approved by:
Attachments
Location Map
4� A4-
Robert Miklo, Senior Planner,
Department of Planning and Community Development
Access — ■
Parcels 1 and 2
*No new structures proposed
with this amendment
Parcel 1: Existing Rock Recycling Site
Parcel Owner: Tom H and Karen H Williams, 3762 Osage Street SW, Iowa City, IA 52240
Parcel Leased to S &G Materials Company until June 30, 201 S.
Parcel 2: Existing Sand and Gravel Storage Site and Future Site for Rock Recycling Activities
Parcel Owner: S &G Materials Company, 4059 Izaak Walton Road SE, Iowa City, Iowa 52240
Figure 1: Location Map and Site Plan
Williams Farm - S & G Materials Company
Conditional Use Permit Amendment Application
Johnson County GIS
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October 26, 2010
James Amlong, Chairperson
Johnson County Board of Adjustment
913 S Dubuque Street
Iowa City, IA 52240
Re: S & G Materials Conditional Use Permit Application
Dear James and Members of the Board:
The City Council has received the request from S & G Materials for a temporary conditional use permit for a
concrete and asphalt recycling operation in unincorporated Johnson County south of Izaak Walton League
Road. The Johnson County Unified Development Ordinance requires City review for conditional use permits
for property within the fringe area. At its October 21 meeting the Iowa City Planning and Zoning Commission
recommended by a 5 -0 vote (Freerks absent, Busard recused) that the Iowa City City Council recommend
approval of the conditional use permit, provided that the expiration date of the Conditional Use Permit
corresponds with the end date of the current recycling operation and that the County requires the applicant to
make any improvements that are necessary to Izaak Walton League Road as determined by the County
Engineer.
The City Council concurs with the Planning and Zoning Commission's recommendation and recommends the
temporary conditional use permit request submitted by S & G Materials be approved, subject to the conditions
noted above. .
Sincerely,
Matthew Hayek
Mayor
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -5000 • FAX (319) 356 -5009
County Conditional Use Item
A letter to Johnson County Board of
Adjustment approving a temporary
conditional use permit for S & G Materials to
allow asphalt and concrete recycling and
storage at their existing sand mining site
located at 4059 Izaak Walton Road,
generally west of the Iowa River and east of
Oak Crest Hill Road