HomeMy WebLinkAboutA003 - Council Action Form dated April 12, 2016 ITEM # 43
DATE: 04-12-16
COUNCIL ACTION FORM
REQUEST: REZONE PROPERTIES WITH A FEMA-DESIGNATED FLOODWAY TO
INCLUDE THE ENVIRONMENTALLY SENSITIVE AREA OVERLAY (O-E)
BACKGROUND INFORMATION:
The City's Zoning Ordinance (Chapter 29) includes specific base zoning districts that
articulates allowed uses and development standards that govern most aspects of the use
of a property. In addition to base zones, the City in some instances applies Overlay Zones
to address issues that are broader than one zoning district or affect a subset of properties
within a base zoning district.
In an effort to manage natural resource protection and development activities within
floodways and riparian areas within the flood plain, the City now seeks to apply an
"Environmentally Sensitive Area Overlay" (Section 29.1103) to properties
throughout the city that have a Floodway designation by the Federal Emergency
Management Agency (FEMA). The Overlay does not change the base zoning for allowed
principal use, but changes the permitting process for activities within the Overlay. It also
does not change the location or designation of the Floodway.
The purpose of the Environmentally Sensitive Overlay (O-E) Zone is quoted below. The full
text is found in Attachment A.
The Environmentally Sensitive Overlay (O-E) Zone is intended to supplement the
City's flood plain regulations and to protect designated natural resource areas by
using the natural resources inventory to identify and preserve natural resources
and by establishing parks and open space areas. Greenways are included in this
district for stream corridors, linear parks, and open spaces adjacent to
environmentally sensitive areas to create a continuous system throughout the
City.
The ordinance allows such overlays to be mapped based on a scientific study that
concludes the area is "especially sensitive to adverse public impact from development due
to unique environmental concerns." The ordinance notes that flood plains, designated
natural resource areas, parks and open spaces, greenways, and lands above aquifers are
eligible based on existing scientific evidence, such as a FEMA Flood Insurance Study, the
Norris Study of 1994, etc. A map of the FEMA-designated Floodway, Floodway Fringe and
General Flood Plain can be found in Attachment B. Other areas may be so designated by
the City Council based on other scientific studies done by the City or by other parties. The
proposed rezoning will be the first application of the O-E to specific properties
within the City.
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Staff believes the overlay should apply to all FEMA floodways within the City with
two exceptions. Staff recommends that the O-E rezoning not apply to areas mapped as
the General Flood Plain. These are very limited areas of the City and are designated as
such by FEMA because a detailed study delineating base flood elevations and defining the
Floodway has not been done. The General Flood Plain is treated as if it were the Floodway
for development purposes until a detailed study is completed. A map showing the three
areas in Ames having a General Flood Plain is found in Attachment C. The regional
commercial site on East 13th Street is already governed by a major site development plan
requiring City Council approval and would not benefit from addition of the Overlay. The
Rose Prairie development area will be governed by a preliminary plat that will be coming
forward soon and is in an area that will be defined as a conservation area within the
subdivision. The third area is within the boundaries of the Ames Municipal Airport. No
development activity is expected in the General Flood Plain at the airport, and if it were to
occur it would be subject to City Council approval of the project.
The second exception is to exclude a small number of properties of a mapped Floodway in
south Ames (Attachment D). This is an area bounded by South Duff Avenue, Crystal
Street, Opal Drive, and Jewel Drive in which the drainage way was placed in a culvert
several decades prior and development has already occurred above it. FEMA maps have
not been updated and still designate it as Floodway, but staff believes there is no
environmentally sensitive area to be concerned with that should be subject to the O-E
Overlay. The designation of the Floodway would not change at this time and it would still
be subject to the administrative review requirements and standards of Chapter 9.
Currently, the City restricts the types of uses allowed in the Floodway and Floodway Fringe
through standards in Chapter 9 of the Ames Municipal Code. Chapter 9 includes
restrictions on types of uses as well as performance standards for uses that are allowed.
There is a fundamental difference in Chapter 9 between Floodways and Floodway Fringe
areas. The approach for Floodways is to restrict activities that impact flood events while in
the Floodway Fringe, the intent is to ensure actives are protected during a 100-year flood
event.
The minimum standard for an activity that would be permitted in a Floodway is to ensure
there is "no rise" in the 100-year flood level. Improvement activities within the Floodway
generally necessitate approval of a Conditional Use Permit by the Zoning Board of
Adjustment based upon criteria found in Chapter 9. Within the Floodway Fringe, the City
requires protection of property and improvements through either flood proofing or a
standard of elevating improvements to three feet above the base flood elevation. There are
additional requirements for receiving a flood plain permit, but that is the most important.
The O-E does not contain specific regulatory standards, such as use limitations or
design standards. Rather, it changes the process for approval and requires the
applicant to prepare an Environmental Assessment Report on how the development
will "address, obviate, or mitigate" the environmental issues which led to the
designation.
If the O-E rezoning is approved, it is proposed to only affect activities within the
overlay area and not to the whole of the property. This means that with the O-E applied
to properties within a Floodway, development in the Floodway Fringe can occur as it does
today. It will continue to follow the same process and standards and be unaffected by the
overlay. However, any activity within the O-E (i.e., the Floodway) will have a different
approval process that will require City Council approval of a Major Site Development
Plan following a recommendation by the Planning and Zoning Commission. If a
project is proposed within both the Floodway and the Fringe, the whole plan will be
subject to the Major Site Development Plan process.
Staff notes that there are companion text amendments on this same agenda that are
proposed to Chapter 9 (Flood Plain Zoning Regulations) and Section 29.1103 (O-E) to
implement the O-E as intended for the floodway. The language of these text amendments
more fully explains the types of activities regulated by the O-E and Chapter 9 and the
process for their review.
Staff identified all properties for which at least part of the property was covered by the
Floodway designation by FEMA. There are in excess of 400 properties with either a
floodway or general flood plain designation. Staff has notified 300 property owners of the
proposed rezoning action—some property owners control multiple properties. Further
analysis of the proposal is found in the Addendum. A map of the FEMA-designated
Floodway and Floodway Fringe is found in Attachment B.
Planning and Zoning Commission Recommendation: At a public hearing on January
20, 2016, the Planning and Zoning Commission voted 3 to 2 with one abstention to
recommend that the City Council add the O-E overlay district to Floodway areas of the
City. Scott Renaud of FOX Engineering spoke against the proposal, stating that the
provisions of other City ordinances, such as the Flood Plain regulations and the City's
storm water ordinances, already accomplish the desires of the City and it was an
unnecessary layer of regulatory process. Staff notes that although the Commission
voted to approve the rezoning, it later recommended not adopting the
accompanying text amendments, and by those recommendations indicated that the
rezoning should not occur as they are necessary to administer the O-E effectively.
ALTERNATIVES-
1. The City Council can approve the first reading of an ordinance to place the
Environmentally Sensitive Area Overlay (O-E) on the Floodway as part of the City's
Official Zoning Map (with the exceptions noted above), based upon staff's analysis as
found in the addendum.
2. The City Council can choose not to place the Environmentally Sensitive Area Overlay
(O-E) on the Floodway.
3. The City Council can refer this item back to staff for additional information,
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CITY MANAGER'S RECOMMENDATION:
As explained more fully in the accompanying Council Action Forms on the text
amendments to Chapter 9 and to Section 29.1103, the development standards for the O-E
zone require the developer or owner to better address potential development issues with
activities in the Floodway. The most common types of features that appear in a Floodway
on private property are accessory site improvements, such as parking lots or stormwater
drainage facilities. Principal buildings are not permitted in a Floodway. Applying the O-E
will require an applicant to mitigate adverse impacts and consider a more comprehensive
set of issues beyond just the potential rise in base flood elevation. The current language of
Chapter 9 is more limited in scope in not requiring mitigation of adverse impacts of the
development as a whole, including that portion of the property that may lie within the
Floodway Fringe.
Staff supports the placing of the O-E overlay district over the Floodway (but not the
General Flood Plain) with the exception of the block in south Ames, but only in conjunction
with the recommended text amendments to Chapter 9 and Section 29.1103, also
presented to the City Council at this meeting. The combined text amendments clarify the
standards and process for administration of the overlay.
Therefore, it is the recommendation of the City Manager that the City Council accept
Alternative #1, thereby approving the request to place the Environmentally Sensitive
Area Overlay (O-E) on the Floodways with the exception of the single square block
in south Ames.
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ADDENDUM
REZONING BACKGROUND:
Land Use Policy Plan. The LUPP provides several references to protection of waterways.
These include:
Chapter 1. Planninq Base. Goals for a New Vision
Goal No. 3. It is the goal of Ames to assure that it is an "environmentally-friendly"
community and that all goals and objectives are integrated with this common goal. In
continuing to serve as a concentrated area for human habitat and economic activity, Ames
seeks to be compatible with its ecological systems in creating an environmentally
sustainable community.
Objectives. In assuring the community's "environmental-friendliness", Ames seeks the
following objectives.
3.A. Ames seeks to provide biodiversity through the inclusion of plant and animal
habitats. Their inclusion shall be provided through such methods as
conservation management, protection, replacement, etc.
3.B. Ames seeks to maintain and enhance the value of its stream corridors as
drainageways and flood management areas, plant and animal habitats,
recreational and scenic areas, and pathways for linking the overall
community.
3.C. Ames seeks to protect and conserve its water resources for the following
purposes. aquifer protection; water quality protection; user conservation
management; plant and animal life support; water-borne recreation; scenic
open space; and, provision of a long-term/reliable/safe source of water for
human consumption and economic activities.
3.D. Ames seeks to protect and conserve its energy sources for the following
purposes: energy consumption reduction through provision of an integrated
multi-modal transportation system, and through land use practices that
minimize vehicular trips; user conservation management; material recycling;
and, long-term/reliable/safe source for the support of human and economic
activities.
Chapter 2. Land Use: Future Land Use Classification
Environmentally Sensitive Areas. The designation involves flood prone areas, wetlands,
water bodies and designated natural resources that should be protected from detrimental
use. Included are areas previously identified as "Floodway" and "Floodplain", plus
selective natural resources from the "Natural Resources Inventory". Areas designated
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"Environmentally Sensitive Areas" may or may not be suitable for development. In the
event that development is determined to be appropriate, special requirements may be
necessary to ensure environmental compatibility.
Findings of Fact. Based upon an analysis of the proposed rezoning and laws pertinent to
the proposed map amendment, staff makes the following findings of fact:
1. Ames Municipal Code Section 29.1507(1) allows the City Council to initiate an
amendment to the Official Zoning Map, which occurred on November 10, 2015.
2. The subject properties are located within the Floodways as defined by FEMA.
3. The LUPP Goals 1 and 2 supports identifying and conserving water resources for
multiple purposes.
4. Chapter 2 of the LUPP anticipates a correlation between areas identified as Floodways
and as Environmentally Sensitive Areas.
5. Chapter 9 of the Ames Municipal Code governs development within the Floodway and
Floodway Fringe, limiting certain uses and providing development standards.
6. Section 29.1103 of the Ames Municipal Code describes the approval mechanism for
proposed development within any area zoned as O-E.
Public Notice. The City identified all properties in which at least a portion lies within the
Floodway. Staff mailed approximately 300 letters in December stating the intent and
direction of the City Council. Additional notices of public hearing was sent prior to the
Planning and Zoning Commission and City Council meetings in accordance with the
notification requirements of Chapter 29.
Conclusions. Based upon the analysis in this report, staff concludes that the proposed
placement of the O-E overlay district on the Floodway within the City limits is consistent
with the Goals and Objectives of the City of Ames Land Use Policy Plan.
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ATTACHMENT A: FULL TEXT OF SECTION 29.1103 [CURRENT]
Sec. 29.1103. "O-E" ENVIRONMENTALLY SENSITIVE AREA OVERLAY.
(1) Purpose. The Environmentally Sensitive Overlay (O-E) Zone is intended to supplement
the City's flood plain regulations and to protect designated natural resource areas by using
the natural resources inventory to identify and preserve natural resources and by
establishing parks and open space areas. Greenways are included in this district for
stream corridors, linear parks and open spaces adjacent to environmentally sensitive
areas to create a continuous system throughout the City.
(2) Designation of Environmentally Sensitive Areas. Any area may be designated an
O-E Zone by ordinance of City Council, after the advice and recommendation of the
Planning and Zoning Commission, if the results of a scientific study of the area support the
conclusion that the area so designated is especially sensitive to adverse public impact
from development due to unique environmental circumstances. Examples of such areas
that may be designated as an O-E zone are:
(a) Flood Plain Areas. Those areas defined in Chapter 9 of the Municipal Code;
(b) Designated Natural Resource Areas. Those areas defined in "A Natural Areas
Inventory of Ames" (July 18, 1994);
(c) Park and Open Space Areas. Those areas defined in the City's Parks and
Recreation Master Plan of the Municipal Code;
(d) Green-ways. Those areas as may be defined as Green-ways by the City
Council; and
(e) Aquifer Protection Areas. Those areas as may be defined as Aquifer Protection
Areas as defined by the City Council.
(3) Studies. The Department of Planning and Housing and the Planning and Zoning
Commission are authorized to conduct studies in order to evaluate areas for environmental
sensitivity as part of the continuing process of maintaining a current comprehensive land
use plan for the City. Additionally, studies done by or for other governmental or private
parties may be adopted for the purposes of this section.
(4) Procedures. No Building/Zoning Permit shall be issued and no grading, excavation,
construction or change in use shall occur in an area designated as an O-E Zone except in
accordance with the procedures set forth in Section 29.1503(4), "Major Site Development
Plan Review". In addition, the applicant shall prepare and submit an Environmental
Assessment Report which shall detail how the problems identified in the study on which
the O-E Zone designation was based will be addressed, obviated or mitigated. City Council
shall not approve the Major Site Development Plan unless it has reviewed and approved
the Environmental Assessment Report.
(5) Enforcement. Development or other activities in conflict with the Major Site
Development Plan, or a failure to implement the Plan, including the measures set out in
the Environmental Assessment Report shall constitute the violation of this section for
which any and all enforcement means and remedies established by law or zoning
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regulations may be invoked and instituted.
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ATTACHMENT B: FLOOD PLAIN MAP
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ATTACHMENT C: GENERAL FLOOD PLAIN MAP
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ATTACHMENT D: SOUTH AMES EXCLUSION AREA
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Charles Kuester,City Planner,515 Clark Avenue,Ames,IA 50010 Phone:515-239-5146
Return to:Ames City Clerk,P.O.Box 811,Ames,IA 50010 Phone:515-239-5105
ORDINANCE NO.
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF AMES,IOWA,AS PROVIDED FOR IN SECTION 29.301 OF THE
MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY CHANGING THE
BOUNDARIES OF THE DISTRICTS ESTABLISHED AND SHOWN ON
SAID MAP AS PROVIDED IN SECTION 29.1507 OF THE MUNICIPAL
CODE OF THE CITY OF AMES,IOWA;REPEALING ALL ORDINANCES
AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND
ESTABLISHING AN EFFECTIVE DATE
BE IT HEREBY ORDAINED by the City Council of the City of Ames, Iowa;
Section 1: The Official Zoning Map of the City of Ames, Iowa, as provided for in
Section 29.301 of the Municipal Code of the City of Ames, Iowa, is amended by changing the
boundaries of the districts established and shown on said Map in the manner authorized by
Section 29.1507 of the Municipal Code of the City of Ames, Iowa, as follows: That the Floodway
designated by the Federal Emergency Management Agency in the Flood Insurance Study with an
effective date of October 16,2014,and all subsequent Letters of Map Change within the Corporate
Limits of the City of Ames,Iowa,is hereby amended to also include the Environmentally Sensitive
Area Overlay Zoning District(O-E), except for the block bounded by South Duff Avenue, Crystal
Street, Opal Drive, and Jewel Drive.
Section 2: All other ordinances and parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
Section 3: This ordinance is in full force and effect from and after its adoption and
publication as provided by law.
ADOPTED THIS day of ,
Diane R. Voss, City Clerk Ann H. Campbell, Mayor