HomeMy WebLinkAboutA001 - Council Action form dated January 23, 2007 f
ITEM #: 3&
DATE: 01/23/07
COUNCIL ACTION FORM
SUBJECT: AMENDMENT TO STORM WATER MANAGEMENT REQUIREMENTS
IN THE MUNICIPAL CODE, CHAPTER 23 SUBDIVISIONS
BACKGROUND:
Storm Water Management.
Municipal Code, Chapter 23 Subdivisions, Section 23.407(5) requires the following:
(5) Preserving Floodplain Areas: Any portion of any area to be subdivided that
lies within the floodway of any water body or watercourse shall be preserved
from any dumping of earth, waste, or other material and the subdivider shall
grant an easement to the City over any portion of any area included within
the floodway.
Chapter 9 of the Municipal Code provides development regulations for property within the
floodway, which makes the requirement above, Preserving Floodplain Areas, redundant.
The City has recently received a Preliminary Plat application, Iowa State Ready Mix
Subdivision, which includes a small portion of floodway associated with the Skunk River.
Through the Development Review Committee's (DRC) review of this property, compliance
with Section 23.407(5), Preserving Floodplain Areas, was required. Through that
application and review process, staff had an opportunity to research and evaluate the
importance of this requirement. Discussions with staff members and research into the
original approvals yielded no qualifying information related to the reasons why this section
was first adopted. Further, in discussing this requirement with staff, it is understood that
the City has no interest in retaining floodway easements.
At its regular meeting on December 19, 2006, the City Council directed the City Attorney to
prepare an ordinance to remove the Preserving Floodplain Areas requirement from
Chapter 23, Subdivisions. That draft ordinance has been prepared and is attached for your
review.
Recommendation of the Planning & Zoning Commission. With a vote of 7-0, the
Planning and Zoning Commission recommended approval of the proposed amendment to
the Zoning Ordinance related to removing the preserving floodplain areas at its meeting on
January 17, 2007. The Commission asked staff for some additional clarification regarding
the past enforcement of this requirement and whether this type of floodway protection is
provided in Chapter 9 of the Municipal Code. Staff explained that this standard has not
been strictly enforced in the past and that Chapter 9 does not require floodways to be
placed in easements, although it does provide for the needed protection for the floodplain
and specifically for the floodway.
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ALTERNATIVES:
1. The City Council can approve the zoning text amendment providing for the removal of
the Preserving Floodplain Areas requirement from Chapter 23, Subdivisions.
2. The City Council can make modifications to the proposed text amendment and call for
another public hearing.
3. The City Council can leave Section 23.407(5) of the Municipal Code as it currently
exists and not remove the Preserving Floodplain Areas requirement.
MANAGER'S RECOMMENDED ACTION:
Staff has researched and evaluated the importance of the Preserving Floodplain Areas
requirement within Chapter 23, Subdivisions. Discussions with staff members and research
into the original approvals yielded no qualifying information related to the reasons why this
section was first adopted. Further, in discussing this requirement with staff, it is understood
that the City has no interest in retaining floodway easements. Although, we are
recommending that this subsection be removed from the Subdivision Ordinance, the City of
Ames retains the Flood Plain Zoning Regulations, Municipal Code Chapter 9, which
provides protection for areas located within the floodway.
For these reasons, it is the recommendation of the City Manager that the City Council
approve Alternative #1.
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