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HomeMy WebLinkAboutA001 - Conditional Use Permit to allow excavation in the floodway at 530 & 900 SE 16th Street Effective Date: January 1, 2011 Conditional Use Permit in the Floodway Overlay District Application Form (This form must be completely filled out before the application will be accepted.) 1. Property Address for this Conditional Use Permit Application: 530 SE 16th Street and 900 SE 16th Street 2. Legal Description (attach if lengthy): See attached plat of survey Story County Parcel No.0914225020 and 0913100105 3. I (We) the undersigned, do hereby respectfully apply to the Ames Zoning Board of Adjustment to grant a "Conditional Use Permit in the Floodway Overlay District"to authorize: Excavation of a soil borrow area in the floodway. The borrow will be used to fill adjacent property. 4. Property Owner. Hickory Park Inc. Attention David Wheelock Address: PO Box 765 Ames Iowa 50010 (Street) (City) (State) (Zip) Telephone: 515-232-8940 NA (Home) (Business) (Fax) 5. Applicant: same as property owner Address: (Street) (City) (State) (Zip) Telephone: (Home) (Business) (Fax) RECEIVED OCT 2 2 2012 CITY OF AMES, IOWA nEPT OF PLANNING & HOUSING 3 Effective Date: January 1, 2011 6. Contact Person: Scott Renaud, P.E., FOX Engineering Associates Address: 414 S. 17th Street, Suite 107. Ames, Iowa 50010 (Street) (City) (State) (Zip) Telephone: NA 515-233-0000 515-233-0103 (Home) (Business) (Fax) E-mail address: srenaud@foxeng.com The Zoning Board of Adjustment may grant a Conditional Use Permit in the Floodway Overlay District, provided the Board members can make a finding that the "Performance Standards" in Section 9.4(3) are met. Approval of the Conditional Use Permit by the Zoning Board of Adjustment in no way absolves the applicant from subsequently obtaining the necessary building permits or other permits from the City of Ames or from other applicable agencies. I (We) certify that I (we) have submitted all the required information to apply for a Conditional Use Permit in the Floodway Overlay District, and that said information is factual. Signed by: Date: (Property Owner) David Wheelock (Note: No other signature may be substituted for the Property Owner's Signature.) and: Same as property owner. Date: (Applicant) and: Date: 7i (Contact Per n Scott Renaud, P.E. The answers on pages 5-8 were prepared by me as a Duly Registered Engineer under the Laws of the State of Iowa. My Iowa License No. is 12019. My license expires Dec. 31, 2012. 4 Effective Date: January 1, 2011 Conditional Use Permit in the Floodway Overlay District Supporting Information (This form must be filled out completely before your application will be accepted.) The Zoning Board of Adjustment can grant a Conditional Use Permit in the Floodway Overlay District, only if all of the following "Performance Standards" are satisfied. In order to facilitate review of this application for a Conditional Use Permit in the Floodway Overlay District, the applicant must address each of the "Performance Standards" set forth in Section 9.4(3) of the Municipal Code, which are listed below. (Note: The applicant's explanation of how the request meets each standard may be attached on a separate sheet if sufficient space is not provided.) Performance Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that the "Performance Standards" are satisfied. Pursuant to the Municipal Code, a Conditional Use Permit in the Floodway (Overlay) District shall be granted only if the following performance standards are satisfied: (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. Explain how the request meets this performance standard. There is no increase in the base flood elevation as there is no fill or obstruction placed in the floodway. All the work is to lower the area in the floodway which will decrease or have no effect on the base flood elevation. A detailed hydraulic study is unnecessary. RECEIVED OCT 2 2 2012 5 CITY OF ANTES, IOWA DEPT OF PLANNING & HOUSING Effective Date: January 1, 2011 (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; and (iii) Use construction materials and utility equipment that are resistant to flood damage. Explain how the request meets this performance standard. The slopes of the excavation are stable at 3:1 (H:V) and stabilized in prairie grass. There are no construction materials used in the construction nor is there any utility equipment installed. The excavation site is a minimum of 130 feet from the edge of the normal channel (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. Explain how the request meets this performance standard. The existing channel is untouched by the excavation and as such there is no change in the capacity or conveyance of the Skunk River Channel. (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. Explain how the request meets this performance standard. There are no structures, buildings, sanitary sewer systems, or other utilities in the area. 6 Effective Date: January 1, 2011 (e) Buildings, if permitted, shall have a low flood damage potential and shall not be for human habitation. Explain how the request meets this performance standard. No buildings are constructed as part of this request (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 a flood warning. Explain how the request meets this performance standard. There will be no storage or materials or equipment in this area except during construction. Any temporary equipment used will be stored above grade prior to any flood event. (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. Explain how the request meets this performance standard. This is not a channel relocation or alteration. The existing channel is unaffected. (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. Explain how the request meets this performance standard. There is no fill as part of this request. 7 Effective Date: January 1, 2011 (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. Explain how the request meets this performance standard. There are not water or sanitary sewer utilities in the area. (j) It shall be the responsibility of adjacent property owners to maintain the location and carrying capacity of the floodway adjacent to their property. Explain how the request meets this performance standard. The capacity of the floodway will not be affected unless the excavation is silted in to an elevation higher than the existing grade. At that point, which is very unlikely, then the property owners will need to excavate the material to meet this requirement and return the ground elevation to below the current existing ground elevation. 8 Effective Date: January 1, 2011 Conditional Use Permit in the Floodway Overlay District Site Plan Checklist The applicant shall submit a Site Plan, drawn to scale, that clearly shows the subject property for which the Conditional Use Permit is being sought. If a Major or Minor Site Development Plan was submitted as part of the development approval process for the subject property, then that Major or Minor Site Development Plan should also be submitted with the Conditional Use Permit application. The Site Plan shall include at a minimum the following information: El Description of the land on which the proposed work is to be done (i.e., lot, block, tract, street address, or similar description) that will readily identify and locate the work to be done) 0 Identification of the use or occupancy for which the proposed work is intended E,1 The base flood elevation (BFE) 0 Elevation (in relation to National Geodetic Vertical Datum NGVD29) of the lowest floor (including basement) of buildings or of the level to which a building is to be flood-proofed NA 11 Such other information as the Administrator deems reasonably necessary for the purpose of this ordinance, including: ID Dimensioned property lines In Abutting streets and alleys ® Location and size of all existing and proposed buildings and structures (include distances to all property lines and distances between buildings and structures; ® Required setbacks 3 Driveways and parking areas, fully-dimensioned Other pertinent information necessary to fully understand the need for a Conditional Use Permit (e.g.: significant change in topography, location and size of mature trees, etc.) 9 Effective Date: January 1, 2011 Permission to Place a "Zoning Action Pending"Sign on Private Property (This form must be filled out completely before your application will be accepted.) Section 29.1500(2)(d)(iii) of the Zoning Ordinance, requires that notice shall be posted by the City on signs posted on the subject property. The owner of property at 530 and 900 SE 16th Street hereby grants the City of Ames permission to place "Zoning Action Pending"signs on the property for the purpose of informing interested persons of the request for action by the City of Ames. I understand that the signs will be placed on the property several days prior to action on the request by Zoning Board of Adjustment and may remain on the property until the request has been approved or denied by the City. 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Fi � F � A , J a )J F Effective Date: January 1, 2011 Adjoining Property Owner Statement (Completion of this form by the applicant is optional.) To Whom It May Concern: We, the undersigned, own property adjoining 530 and 900 SE 16th Street Ames, Iowa. It is our understanding that 530 and 900 SE 16th Street has filed an Application for a Conditional Use Permit in the Floodway Overlay District with the Zoning Board of Adjustment to allow excavation of a borrow area. As adjoining property owners, we would have no objections to the issuance of this building permit for the purposes stated above. NAME ADDRESS DATE 11