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HomeMy WebLinkAboutA6 ITEM #: 5 DATE: 08-08-12 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: August 3, 2012 CASE FILE NO.: ZBA-12-18 REQUEST: To allow excavation in the floodway at 1400 SE 16th Street PROPERTY OWNER: Pyle Land LLC, Dennis Pyle CONTACT: Scott Renaud, FOX Engineering LOCATION: 1400 SE 16th Street ZONING: A (Agriculture) ZONING OVERLAY: FW Floodway Overlay District FEMA F.I.R.M. DESIGNATION: AE-Floodway BACKGROUND AND PROJECT DESCRIPTION: The applicant proposes to excavate the east bank of the Skunk River in order to improve water flow. This request is driven by the desire of the prospective owner (Deery Brothers) to seek tax abatement for a proposed auto dealership on land adjacent to this site. The criteria for having the property designated as an urban revitalization area is that, among other things, the owner must "...perform channel improvements (widening, straightening, clearing, etc.) and provide certification from an engineer registered in Iowa that the improvements will mitigate flooding...." The proposed channel improvements involve relocating the top of the east bank about 115 feet to the east at its greatest extent. The bank will be regraded with a "bench" about 20 feet wide. The portion of the bank above the bench will be graded to a 4:1 slope. The portion of the bank below the bench will be graded to a 3:1 slope. The upstream portion of the realigned channel will have riprap installed to reduce erosion. The remainder will be seeded. The Board may remember that a Conditional Use Permit in the Floodway was approved for this site in March, 2012. The permit was to allow the construction of a borrow pit to extract fill for development on the adjacent property. That permit included a number of conditions, including 1) obtain a Flood Plain Development Permit prior to excavation and comply with any conditions imposed therein, 2) obtain a COSESCO permit prior to 1 excavation, and 3) provide a signed easement for recording to establish the proposed easement prior to excavation. These conditions have not yet been met, nor has excavation started. APPLICABLE CODE SUMMARY: Below are excerpts of Chapter 9, Flood Plain Zoning Regulations, of the Ames Municipal Code. These excerpts provide the standards on which the project is to be evaluated (Section 9.4(3) and Section 9.5(2)), and describe the factors on which the Zoning Board of Adjustment must consider in rendering a decision (Section 9.7(3)(e)(ii)(a)). Following the standards and the factors, staff has provided comments based upon an analysis of the site, the submitted project details, and consultation with appropriate City and State officials. Conditional Uses Allowed (2) Conditional Uses. The following uses which involve structures (temporary or permanent), fill, or storage of materials or equipment may be permitted only upon issuance of a Conditional Use Permit by the Zoning Board of Adjustment as provided for in Sec. 9.7. Such uses must also meet the applicable provisions of the Floodway Overlay District Performance Standards. (a) Uses or structures accessory to open-space uses. (b) Circuses, carnivals, and similar transient amusement enterprises. (c) Drive-in theaters, new and used car lots, roadside stands, signs, and billboards. (d) Extraction of sand, gravel, and other materials. (e) Marinas, boat rentals, docks, piers, wharves. (f) Utility transmission lines, underground pipelines. (g) Other uses similar in nature to uses described as permitted uses or listed conditional uses, which are consistent with the performance standards of Subsection (3) below and the general spirit and purpose of this ordinance. Floodway Performance Standards Section 9.4(3) describes the performance standards for conditional uses that are allowed by the Board. Following the code excerpts are staff comments. The applicant's statements addressing these standards are included in his application. (3) Performance Standards. All Floodway Overlay District uses allowed as a Permitted or Conditional Use shall meet the following standards: (a) No use shall be permitted in the Floodway Overlay District that would result in any increase in the base flood elevation level. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands. Evidence required will be a hydraulic study performed by a registered professional engineer for the area of drainage involved. 2 (b) All uses within the Floodway Overlay District shall: (i) Be consistent with the need to minimize flood damage. (ii) Use construction methods and practices that will minimize and resist flood damage. (iii) Use construction materials and utility equipment that are resistant to flood damage. (c) No use shall affect the capacity or conveyance of the channel or floodway or any tributary to the main stream, drainage ditch, or any other drainage facility or system. (d) Structures, buildings and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe Overlay District and shall be constructed or aligned to present the minimum possible resistance to flood flows. (e) Buildings, if permitted, shall have a low flood damage potential and shall not be for human habitation. (f) Storage of materials or equipment that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the Floodway Overlay District within the time available after flood warning. (g) Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Department of Natural Resources. (h) Any fill allowed in the floodway must be shown to have some public beneficial purpose and shall be limited to the minimum amount necessary. (i) Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of flood flows. (j) It shall be the responsibility of adjacent property owners to maintain the location and carrying capacity of the floodway adjacent to their property. (a) The applicant has not yet provided an "Engineering `No-Rise' Certificate". Once it is submitted, it will be reviewed by City planning and engineering staff. A report will be submitted at or prior to the Zoning Board of Adjustment meeting. (b) There is no construction planned. The site will be excavated and seeded. The purpose of the realignment is to allow the owner to meet the requirements of the City Council to apply for an urban revitalization area. If the area is so designated, the owner may apply for tax abatement. (c) The excavation site is adjacent to the channel of the river. The Iowa Department of Natural Resources is reviewing the proposal to determine whether an IDNR and Army Corp of Engineer Joint Permit is needed. One alternative noted below includes a condition that approval from the IDNR and Army Corp be obtained, if needed. City staff also provided copies of the application and request to the Iowa Department of Transportation for their review. Approximately 40 percent of the proposed project lies 3 within the right-of-way of US 30. The IDOT is reviewing the project and, if acceptable to them, will issue a Permit to Perform Work in the Right-of-Way. One alternative noted below includes a condition that approval from the IDOT be obtained. (d) There will be no structures. (e) There will be no buildings. (f) There will be no storage within the floodway. (g) As noted above, the IDNR is evaluating whether the proposed excavation will require a formal permit from IDNR and the Army Corps of Engineers. (h) No fill will be introduced on site. All excavated material will be removed from the Floodway. (i) The project does not include any stream crossings. However, there is a water line adjacent to the excavation site that carries the city's raw water from the well fields south of US 30. This water line is parallel to and on the east bank of the Skunk River. The water main lies within a 30-foot easement. The top of the proposed excavation is 60 feet (at its closest) from the edge of the easement. Water and Pollution Control staff has reviewed the proposed excavation and are satisfied that the water main is sufficiently protected, although they would like to note that the excavation that was anticipated was the borrow pit that was approved in March. There was no indication that the river would be aligned during the design of the raw water main installation. 0) The property owner is the responsible party for maintaining the area within and around the project site. City staff and the IDNR are awaiting information from the applicant to verify the claim that the capacity of the channel is increased approximately 25 percent. Factors Upon Which the Decision Shall be Based Section 9.7(3)(e)(2)(a) describes the factors that the Board must consider when approving a Conditional Use Permit. a. Factors Upon Which the Decision of the Board Shall be Based. In passing upon requests for Conditional Uses or Variances, the Zoning Board shall consider all relevant factors specified in other sections of this ordinance and: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. 2. The danger that materials may be swept onto other lands or downstream to the injury of others. 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 4 5. The importance of the services provided by the proposed facility to the community. 6. The requirements of the facility for a flood plain location. 7. The availability of alternative locations not subject to flooding for the proposed use. 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 9. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. 10. The safety of access to the property in times of flood for ordinary and emergency vehicles. 11. The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site. 12. Such other factors which are relevant to the purpose of this ordinance. In considering these factors, staff offers the following comments for the consideration of the Board. 1. The applicant has not yet provided a Certificate of No-Rise for this request. It is this certificate which provides the evidence that flood heights will not increase. 2. There will be no structures or materials stored on-site. There will be nothing that can be swept downstream in the event of a flood. 3. The site will not have water or sanitary sewer service. City staff has reviewed the proposal and weighed the impact of the proposed project on the raw water main that lies nearby. City staff believes the remaining cover, while not the best case, is sufficient for their needs. 4. It is anticipated that this site will be inundated during a flood event. However, there would be no structural damage as there are no structures proposed in the floodway. 5. The realignment of the channel is to increase water flows through the channel. 6 & 7. The channel realignment can be done only at this location. 8. Staff can find no evidence that the proposed realigned channel and benched bank will not have a negative impact on the adjacent development. 9. The Ames Land Use Policy Plan identifies this area as Agriculture and Farmstead with a Greenways overlay. The proposed excavation is not inconsistent with these designations. The area between the excavation and the river bank will remain as a riparian corridor, consistent with the Greenway overlay designation. 10. Access to the US 30 bridge, the SE 16th Street bridge, and the raw water line will be maintained through two access easements across the site. One was established as 5 part of the water main installation and the other will be established as part of the previously approved project or through the proposed platting of the Deery site. 11 . A signed Certificate of No-Rise by a registered engineer is necessary in order to state whether this criteria is satisfied. The permanent seeded areas will likely reduce sedimentation to a greater extent than the current farming practices do. CONCLUSION: Based upon the above analysis of the project which included a reading of the relevant portions of the Flood Plain Zoning Regulations, consideration of the information supplied by the applicant, and consultation with relevant City officials, staff concludes that the proposed development meets all criteria for approving the requested conditional use permit except as noted, that is, the approval of the Iowa Department of Natural Resources and Army Corps of Engineers, if needed, and the Iowa Department of Transportation for that portion of the work that is proposed for the US 30 right-of-way. The applicant has not yet provided an "Engineering `No-Rise' Certificate". Once it is submitted, it will be reviewed by City planning and engineering staff. A report will be submitted at or prior to the Zoning Board of Adjustment meeting. If the Certificate is not provided in time for review, or is not acceptable, City staff will ask that the Board table this request to a subsequent meeting. ALTERNATIVES: 1. If the Certificate of No-Rise is submitted, reviewed, and found acceptable, then the Zoning Board of Adjustment may approve the Conditional Use Permit based on the staff's analysis and conclusions. Staff proposes the following conditions to accompany this alternative: a) The applicant obtain a Flood Plain Development Permit prior to excavation and comply with any conditions imposed therein. b) The applicant obtain a COSECSO permit prior to excavation. c) The applicant meet any permitting requirements of the Iowa Department of Natural Resources and the Army Corps of Engineers prior to any work being done and comply with any conditions imposed therein. d) The applicant obtain an approved Permit to Perform Work in the Right-of- Way from the Iowa Department of Transportation prior to any work being done and comply with any conditions imposed therein. 2. The Zoning Board of Adjustment may deny this request for a Conditional Use Permit if the board's findings are that the standard(s) have not been met, detailing the specific shortfalls. 3. The Zoning Board of Adjustment may table this request for a Conditional Use Permit and request additional information from the developer, City staff, or Iowa Department of Natural Resources, and subsequently render a decision within a reasonable time period. 6 STAFF RECOMMENDATION: The Department of Planning & Housing recommends that the Zoning Board of Adjustments act in accordance with Alternative #1, which is to approve the Conditional Use Permit for development in the Flood Way Overlay District based on the staff findings and with the conditions noted. SAPLAN_SHR\Council Boards Commissions\ZBA\Conditional Use in Floodway\1400_SE 16th-Excavation in Floodway-08-08- 12.docx — 7 Attachment A: Location Map Floodwvay Previously Approved Borrow site R1 Site Floodway Fringe Proposed -- Excavation Site '------ .�_� 884 SE 1 MP 88 US Ht+GHVVAY-11� _._..._. 882 882 Floodway Fringe Floodway Fringe Floodway «, r• N Feet G 00 400 8 (2) Establishment of Official Flood Plain Zoning Map. The Story County,Iowa and Incorporated Areas Flood Insurance Rate Map(FIRM),City of Ames Panels 135, 140, 141, 142, 143, 144, 155, 161, 162, 163, 164, 168, 170, 256, 257, 276, and 277 dated February 20, 2008, prepared as part of the Federal Emergency Management Agency(FEMA)Flood Insurance Rate Map(FIRM),Flood Insurance Study dated February 20,2008,and Digital FIRM equivalents are hereby adopted by reference and declared to be the Official Flood Plain Zoning Map. (3) Rules for Interpretation of District Boundaries.The boundaries of the zoning district shall be determined by scaling distances on the Official Flood Plain Zoning Map.Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map,the Flood Plain Administrator shall make the necessary interpretation,provided however,that the Flood Plain Administrator may require the owner to provide a topographic survey of the land to assist in that interpretation.The person contesting the location of the district boundary shall be given a reasonable opportunity to present his or her case and submit technical evidence. (4) Compliance.No structure or land shall hereafter be used and no structure shall be located,extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations which apply to uses within the jurisdiction of this ordinance. (5) Abrogation and Greater Restrictions.It is not intended by this ordinance to repeal,abrogate or impair any existing easements,covenants,or deed restrictions.However,where this ordinance imposes greater restrictions,the provisions of this ordinance shall prevail.All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. (6) Interpretation.In their interpretation and application,the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State statutes. (7) Warning and Disclaimer of Liability.The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study.Larger floods may occur on rare occasions.Flood heights may be increased by man-made or natural causes,such as ice jams and bridge openings restricted by debris. This ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages.This ordinance shall not create liability on the part of the City of Ames, Iowa,or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. (8) Severability.If any section,clause,provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. Sec.9.3.ESTABLISHMENT OF ZONING OVERLAY DISTRICTS. The flood plain areas within the jurisdiction of this ordinance are hereby divided into the following zoning overlay districts: (1) Floodway Overlay District-The Floodway Overlay District includes the areas shown as"Floodway Areas in Zone AE"on the Official Flood Plain Zoning Map (2) Floodway Fringe Overlay District-The Floodway Fringe Overlay District includes the areas shown as"Zone AE excluding the Floodway Areas in Zone AE"on the Official Flood Plain Zoning Map. (3) General Flood Plain Overlay District—The General Flood Plain Overlay District includes the areas shown as"Zone A"on the Official Flood Plain Zoning Map Within these districts, all uses not allowed as Permitted Uses or authorized as Conditional Uses are prohibited unless a use variance to the terms of this ordinance is granted after due consideration by the Zoning Board of Adjustment. Sec.9.4. FLOODWAY OVERLAY DISTRICT. (1) Permitted Uses. The following uses shall be permitted within the Floodway Overlay District to the extent they are not prohibited by any other ordinance or underlying zoning district regulation,and provided they do not include placement of structures, factory-built homes, fill or other obstruction the storage of materials or equipment, excavation,or alteration of a watercourse(except as needed for public infrastructure): (a) Agricultural uses such as general farming,pasture,grazing,outdoor plant nurseries, horticulture,viticulture, truck farming, forestry,sod farming,and wild crop harvesting. Sup#201 I-4 9-2 Rev. 10-1-1 1 (b) Industrial-commercial uses such as loading areas,parking areas, airport landing strips. (c) Private and public recreational uses such as golf courses,tennis courts,driving ranges, archery ranges,picnic grounds,boat launching ramps,swimming areas,parks,wildlife and nature preserves,game farms, fish hatcheries,shooting preserves,target ranges,trap and skeet ranges,hunting and fishing areas,hiking and horseback riding trails. (d) Residential uses such as lawns,gardens,parking areas and play areas. (e) Such other open-space uses similar in nature to the above uses. M Public infrastructure such as bridges; roads; trails; culverts; fill, excavation or grading; channel changes,relocations or placement of riprap or similar material;provided that any required permits from the Iowa Department of Natural Resources or Army Corps of Engineers have been approved. Such uses must also meet the applicable provisions of the Floodway Overlay District Performance Standards.This also includes any activity defined as maintenance under the nationwide permit issued by the Army Corps of Engineers. (Ord. No. 4086, 09-27-11) (2) Conditional Uses.The following uses which involve structures(temporary or permanent), fill,or storage of materials or equipment may be permitted only upon issuance of a Conditional Use Permit by the Zoning Board of Adjustment as provided for in Sec.9.7. Such uses must also meet the applicable provisions of the Floodway Overlay District Performance Standards. (a) Uses or structures accessory to open-space uses. (b) Circuses, carnivals, and similar transient amusement enterprises. (c) Drive-in theaters,new and used car lots,roadside stands, signs,and billboards. (d) Extraction of sand,gravel,and other materials. (e) Marinas,boat rentals,docks,piers,wharves. (f) Utility transmission lines,underground pipelines. (g) Other uses similar in nature to uses described as permitted uses or listed conditional uses, which are consistent with the performance standards of Subsection(3)below and the general spirit and purpose of this ordinance. (3) Performance Standards.All Floodway Overlay District uses allowed as a Permitted or Conditional Use shall meet the following standards: (a) No use shall be permitted in the Floodway Overlay District that would result in any Increase in the base flood elevation level. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands. Evidence required will be a hydraulic study performed by a licensed professional engineer for the area of drainage involved. (Ord. No. 4087, 09-27-11) (b) All uses within the Floodway Overlay District shall: (i) Be consistent with the need to minimize flood damage. (ii) Use construction methods and practices that will minimize and resist flood damage. (iii) Use construction materials and utility equipment that are resistant to flood damage. (c) No use shall affect the capacity or conveyance of the channel or floodway or any tributary to the main stream,drainage ditch,or any other drainage facility or system. (d) Structures,buildings and sanitary and utility systems,if permitted, shall meet the applicable performance standards of the Floodway Fringe Overlay District and shall be constructed or aligned to present the minimum possible resistance to flood flows. human habitation.(e) Buildings, if permitted,shall have a low flood damage potential and shall not be for (f) Storage of materials or equipment that are buoyant,flammable,explosive or injurious to human,animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the Floodway Overlay District within the time available after flood warning. (g) Watercourse alterations or relocations(channel changes and modifications)must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition,such alterations or relocations must be approved by the Department of Natural Resources. Sup#2011-4 9-3 Rev. 10-1-1 1 DRAWING FILENAME K:!ro 5000 5174-12a car dealershi Drawin s\Crvil 5174-12A DEERY SITEPLAN.dw PLOT STYLE TABLE LAVER MNGR NAME LAYOUT NAME F-Gra 5cale.ctb CU-1 1g0.81 Ea `1 `qo0 tl`O�o0856t 867 I N � I o r m�W 0 � 6L8 i i f � I m w o oar W 2 na0 m m p n I I C u m N � Z I A S3?36 � S I m > �- m { r v s m > M rn m Ns A p�G� N W H T W 881� nQ •A \ .9 ymN X m mO n3 �+ GI z aZ D py Z ' Z p Z N H 0 m p g o eej W � mm e � 888 1 86' aw' n C m D L = a � D40 , Z Z00 - II 00 00 o At Qom \ oinLrl rl w ' \ n + m �i \ F w n W 11 ,, „ Q7 A li. N N W 00 b n m 5'SIDE S BACK i . . . W - =A - T'E—. . . . . . . . 9IDE OJ I{{ Pto ppp VVVVVV M a c m W V A = � a' :sS T.'i.Q m''. 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