HomeMy WebLinkAbout~Master - Conditional Use Permit to allow excavation in the floodway at 1400 SE 16th StreetCITY OF AMES, IOWA
ZONING BOARD OF ADJUST
APPLICATION OF PYLE LAND LLC
FOR A CONDITIONAL USE PERMIT,
§ 9.4(2)(g), AMES MUNICIPAL CODE,
TO ALLOW EXCAVATION IN THE
FLOODWAY ON THE PROPERTY
LOCATED AT 1400 SE 16TH STREET
FACTS
L
AUG 2 8 2012
T
CASE NO. 12-18
GEOCODE NO.09-13-100-215
DECISION & ORDER
The property at this address involves a parcel of land which abuts and lies immediately east of
the Skunk River between South 16th Street and U.S. Highway 30. That property and the land to
the east of it are being developed for a proposed automobile dealership. With its immediate
proximity to the river, this parcel is in the Floodway Overlay zoning district. The applicant is
seeking tax abatement for this development, and that program has as one of its eligibility criteria
that the owner must perform certified channel improvements to mitigate flooding. This channel
project is proposed to fulfill that criterion. The proposed channel improvements involve
relocating the top of the east bank about 115 feet to the east at its greatest extent. The bank
would then be regraded with a "bench" of level ground that will be about 20 feet wide. 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 and the remainder of the regraded
area will be seeded. A "no rise" certification prepared by a licensed engineer has been provided
for this project. Staff explains that if this infrastructure were being installed by a public entity as
a public infrastructure project, it would be a permitted use. It is of the same kind of project as a
public infrastructure installation and is classified as a conditional use here because it is being
performed by a private entity.
DECISION
The Board considers the standards applicable to for conditional uses in the Floodway in light of
the evidence presented about this proposed project. Based on the evidence received, the Board
finds that the proposed watercourse alteration is specifically designed to maintain the flood
carrying capacity within the altered portion of the waterway. The use does not involve placing
anything in the floodway but instead involves removal of material from the area. This use will
minimize flood damage by creating a more direct route of conveyance for floodwater between
the two bridges that lie immediately north and south of this location. It is designed to resist flood
damage and it has been certified that no rise in the base flood elevation will result from this use.
Based on this evidence, the Board's findings are that the performance standards have been met
and this permit should be granted.
ORDER
WHEREFORE, IT IS ORDERED that the applicant is Granted a Conditional Use Permit,
Section 9.4(2)(g) of the Ames Municipal Code, to allow excavation and channel straightening in
the Floodway with the following conditions:
1. That the applicant obtain a Flood Plain Development Permit prior to excavation and
comply with any conditions imposed therein;
2. That the applicant obtain a COSECSO permit prior to excavation;
3. That the applicant meet any pern-intinLy 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; and
4. That the applicant obtain an approved Permit to Pertorm Work in the lZight-of-Way
from the Iowa Department of Transportation prior to any work being done and
comply with any conditions imposed therein,
all for the property located at 1400 SE 16"' Street.
Any person desiring to appeal this decision to a court of record may do so within 30 (lays after
the filing of this decision.
Done this St" day of -August, 2012.
FlAly BUrton
Secretary toWc Board
Bruce Calhoun
Chair