HomeMy WebLinkAbout~Master - Conditional Use Permit to Allow Excavation in Floodway at 1400-1500 SE 16th StreetI
CITY OF AMI, ' S, IOWA
ZONING BOARD OF ADJUSTMENT
INTI-IE MATTER OF THE
APPLICATION OF PYLE LAND, LLC,
FOR A CONDITIONAL USE PERMIT,
SECTION 9.4(3), AMES MUNICIPAL
CODE, TO ALLOW EXCAVATION IN
THE FLOODWAY ON THE,
PROPERTY LOCA"14D AT
1400-1500 SE 16 ll STREET
FACTS
CASE NO. 12-04
GEOCODENO. 09-11-100-215
DECISION & ORDER
Theapplicant owns a site comprised of roughly 23.5acres which is located on file South side of
Southeast 16t" Street immediately cast of the Skunk River. That property's base zoning is A
(Agricultural) and HOC (Highway Oriented Commercial). The site also has two overlay zoning
districts. These are the OSE (Southeast Gateway Overlay) because of its proximity to the main
highways that enter Ames from the South and east, and 1',W (J"loodway Overlay District), due to
its location next to the river. The applicant's land has been subject to flooding at times in the
recent past. The applicant is hoping to develop a commercial site on the eastern portion of the
land, which is Outside the Floodway zoning district; and to protect any businesses which locate
there, the applicant would like to excavate soil 1rorn the west portion of the property and deposit
it on the east end. Because the location beim), excavated is in the Floodway, this excavation
requires approval of Conditional Use permit. The excavation will be done on an irregular piece
of land measuring 860 feet by 4310 feet and the depth will be about 20 feet. The depression will
have a permanent pool due to the ground water level adJacent to the river. The dirt being
removed Would be placed on the east part of the applicant's property and would result in a
significantly higher elevation on the east part of' the site while simultaneously creating a
depression that could serve as a water storage basin in flood events. The project is a straight
forward excavation involving no buildings or other Structures, no storage, no watercourse
alterations, no stream crossings and no fill on the west part of the owner's property. The only
fitellity in the area is a buried water main. The edge of the excavation Is about 130 feet from the
east bank of the river and is about 15 feet frorn the edge of the casement which contains the
City's underground 30-inch raw water main. The applicant has agreed to provide the City with
an access easement across the site to that water main. 'I'he excavated area will be seeded with
native grasses to control erosion but will be otherwise undeveloped, consistent with the Land
Use Policy Plan's designation oil' this area as having a greenways overlay. The City has been
provided with an Engineering "No -Rise" Certificate attesting that this excavation will not result
III an increase in base flood elevations.
I WC I 1z It IN
The Board considers the standards applicable Under the Flood Plain zoning ordinance to
Conditional Use permits. The Board understands the limited scope of this project, which is
excavation of an area in the floodway to serve as auxiliary water storage and to provide soil to
raise the level Of IdjICCIIt larld OLItSKIC the floodway. There is no storage taking place, no
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buildings being constructed, and the only facility In the vicinity is a 30-inch water main roughly
ID ZD
parallel to flic river. J'o allow access to the portion of the site where the City's raw water main is,
,ill access casement wil
l be granted. 'fhe site will he seeded with native grasses and Will LICILI�,Illy
ID
present a more natural appearance dial at the present. Since the excavation is consistcrit with
flood plain management I-CgUlations restricting any Increase ill the base flood elevation, the
Board finds that it can grant this perailt.
ORDER
I
WHEREFORE, IT IS ORDERED that the applicant is Granted a , 'onditlonal L.Jsc Permit,
Section 9.4(3) of the Allies Municipal Code, to allow excavation ill the Floodway Overlay
Zoning District, with the followin,_,, conditions:
1. That the applicant obtain a [,'food Plain development perrillt prior to excavation and
comply with any conditions Imposed therein;
2. That the applicant obtain a COSECSO permit prior to excavation; and
3. 'fhat the applicant grant an access easement to the City for its raw water main and
Ide that easement to the City III a 601-111 SLIItAbIL for recording. . ']'Ile
prov at si ID
easement shall be recorded prior to excavation,
- all for the property located at 1400 SE 16'11 Street aiid 1500 SE 10", street.
Any person desiring to appeal this decision to a court of record may do so within 30 days after
the filing of this decision.
Done this 14"' day of` March, 2012.
00
N'Eiiiily Burton
Secretary to the Board
BFLICC CallIOL111
Chair