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HomeMy WebLinkAboutA003 - Staff Report dated November 14, 2012 4 Item #: 3 Date: 11/14/12 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: November 9, 2012 MEETING DATE: November 14, 2012 REQUEST FOR A CONDITIONAL USE PERMIT IN THE FLOOD WAY OVERLAY DISTRICT: To allow excavation in the floodway. PROPERTY OWNER/APPLICANT: Hickory Park, Inc. LOCATION: 900 SE 16th Street ZONING: HOC (Highway Oriented Commercial) ZONING OVERLAY: FW (Floodway Overlay District) FEMA FLOOD INSURANCE RATE MAP DESIGNATION: Floodway PROJECT DESCRIPTION: The applicant proposes to remove soil within the floodway and redeposit it adjacent to (but not in) the floodway in order to develop a commercial site. The excavation will be irregular in shape, approximately 880 feet by 510 feet. The depth will be about 25 feet. It is anticipated that there will be a permanent pool which will rise and fall, influenced by the ground water of the Skunk River. The excavated soil will be placed to the west of the excavation site to raise the site above the base flood elevation. A local Flood Plain Development Permit was administratively approved on March 20, 12 to place fill on the portion of the property within the Floodway Fringe. APPLICABLE CODE SUMMARY: Below are excerpts from 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 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. 1 t 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 the attached 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. (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. 2 f (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. 6) 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 provided an "Engineering `No-Rise' Certificate" by which the engineer states that because the project is excavation only, it will not result in an increase in base flood elevations in the floodway. The IDNR is satisfied that the excavation will have no impact on the base flood elevation of the Skunk River. (b) There is no construction planned. The site will be excavated and seeded. (c) The excavation site is about 105 feet from the channel of the river. The excavated site will have no impact on the river channel during normal water flow. City staff has provided copies of the application and request to the Iowa Department of Transportation for their review. The [DOT has no concerns over the proximity of the excavation to the US 30 right-of-way. (d) There will be no structures. (e) There will be no buildings. (f) There will be no storage within the floodway. (g) No watercourse alterations will occur. (h) No fill will be introduced on site. (i) The project does not include any stream crossings. (j) The property owner is the responsible party for maintaining the area within and around the project site. 3 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. 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 consideration by the Board: 1. There is no anticipated danger to life due to a flood event as the proposed excavation will not increase base flood elevations. 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. A portion of the site lies within 1 ,000 feet of a City of Ames water supply well. The Ames Municipal Code, Section 29.408(8) prohibits excavation within that area in order to protect the sources of the City's ground water. The proposed excavation is outside the 1,000 feet area. Staff will recommend as a condition of approval that the portion of this property that is within 1 ,000 feet of a well head be indicated on the ground by staking throughout the time of active work on the site. 4 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 excavation of the site is to provide fill for an adjacent development site. The applicant wishes to complete the fill with the adjacent soil from the floodway. 6 & 7. The soil for the development need not come from this adjacent floodway site. However, the applicant owns the land and has provided evidence that the excavation will not have an impact on the base flood elevation. 8. The excavated site will maintain a permanent pool, although the water elevation will rise and fall with the level of the Skunk River. The top portion of the bank will be a 3:1 slope. The middle portion of the slope, where the water surface elevation of the permanent pool will likely be, is a 10:1 slope. The lower portion of the slope is, again, 3:1. Native grasses will be planted on the site. Willows and cattails will rim the water. 9. The Ames Land Use Policy Plan identifies the area of the Floodway as Agriculture. The remainder of the site is Highway Oriented Commercial. The proposed excavation is not inconsistent with these designations. The excavation is consistent with the flood plain management regulations in that it does not increase base flood elevations or flood velocities. 10. The area is Floodway and no access is anticipated other than for vegetation and pond maintenance. Access will be from the adjacent property. The City has no easements or property for which access is needed. 11 . In the event of a flood, the excavation is not anticipated to increase heights or velocities of flood waters. 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. ALTERNATIVES: 1 . The Zoning Board of Adjustment may approve the Conditional Use Permit for excavation in the Floodway Overlay District 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 place stakes or other visible markers along an arc that lies 1 ,000 feet from the City of Ames water supply well prior to any excavation , maintain 5 the markers until the excavation is complete, and ensure that no excavation occurs within that protected area. 2. The Zoning Board of Adjustment may deny this request fora 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. STAFF RECOMMENDATION: The Department of Planning & Housing recommends that the Zoning Board of Adjustment act in accordance with Alternative #1, which is to approve the Conditional Use Permit for excavation in the Floodway Overlay District based on the staff findings and with the conditions noted above. SAPLAN_SHR\Council Boards Commissions\ZBA\Conditional Use in Floodway\900_SE_16th-Excavation in Floodway-11-14-12.docx 6 �3 z INN {{ r. a 3 6 E S § A a � .,S r_F_" ,r a s3 i Proposed &, . Fl€�c�dway , Excavation Frrnge Al F , z ra g ; s � I �.a,�,�...�il-L, � �3 r<as OWN a s€ ayt t+r: "`�` sk nwN Flo odway'" f Fringe�� e.. 164 t Ar- �s _ t ni 7Ies, ��F PN Location Map 0 250 Soo 7 Floodplain Development Permit No, Engineering"No-Rise" Certificate Community Ames County Story — State Iowa Hickory Park Inc.,David Wheelock, Nov. 1,2G12 Scott Renaud, P.E., Nov. 1, 2012 Applicant Date Engineer Date PO Box 765,Ames,lowa 50010 414 S, 17th Street.Suite 107,Ames,IA 50010 Address Address 515-232-8940 515-233-0000 Phone Ptkone WE QATA- 1. Location NW V.-- NW Section 13 Range 24W,. Township 83N Street Address: 900 5 6th Street 2. Panel(s) no.ofNFIPmap(s)effected 19169CO163S 3,Type of Development- Filling_ Grading Excavation X Min Improvements Routine Maint Substantial lmp;elv New Cons_t_ Other 4.Description of Development. Excavation from the ftoodway to provide fill on an adjacent psoeenyz There as,oa fill on the area(if flood-way or c�)nstructi3On of any above Qrmind fezturfe, 5.Name of flooding source affected-, Skunk WyeT vt its vaor aaoavatror�only. There is nor Call in the floodway. There is a regligtble effect of the excavation on flood olevalioni. Tl4 location of the excavarion.is Setween Y brill qoes'and 1hp bridnes'backwater as the contralliag factor in detefmimng the flq , The bn4coes _o4clovation5 IWUC p�,Qlga gaC�t L-n thQ flood elevations than d=s the ex!-UL14;ziJ2 ui 1,�W,IQE(2� wo6t. I no atzmgaliao :Q21 ills ja loss[UstdaliQu ja 114a Jjftrla�Nnu nrld A_JILAAnfial �n fif-rid This is to certify that I am a duly qualified engineer licensed to practice in the State of IM8 It is to further certify that the attached technical data supports the fact that the proposed devetopment descrrbed above will NOT create any increase to the 100-year elevations on said flooding source above at published cross-sections in the Flood Insurance Study fro the above community dated February 20,2OD8 and will not create any increase to the I 00-year flood elevations at unpublished cross-sections in the vicinity of the proposed development, Signature Ott R6TtaLrd, RE, I- [date Project Manager,FOX Engineehrqj Associates Iowa License No. -12019 Title License No. My license expires December 31,2012.