HomeMy WebLinkAbout~Master - Conditional Use Permit to allow excavation in the floodway at 530 & 900 SE 16th StreetCITY OF AMES, IOWA
ZONING BOARD OF ADJUSTMENT
IN THE MATTER OF TILE
APPLICATION OF HICKORY PARK
INC. FOR A ( , 'ONDITIONAL USE
PERMIT, §§ 9.4 (2) & 9.7(3), AMES
MUNICIPAL CODE, 1'0 ALLOW
EXCAVATION IN,rnIF, FLOODWAY
ONTI-IE PROPERTY LOCATED AT
530 & goo SOUTHEAST 16 'I'll STREET
FACTS
CASE NO. 42-24
GEOCODE NO. 09-13-100-105
DECISION & ORDER
The property at this adds is a vacant parcel of land abutting the west bank of the Skunk River.
It lies between two major traffic routes, with South 16"' Street on the north and U.S. Highway 30
oil the south. The zoning in this location is HOC (Highway Oriented Commercial) with a zoning
overlay of (Floodway Overlay District) due to the proximity to the river. The . owner of the
property is proposing to renlove sod within the Floodway and red eposit it adjacent to the
Floodway in order to develop a commercial building site, and is seeking a Conditional Use
permit as it is required to excavate in tile Floodway. The excavation will be irregular in shape,
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measuring approximately 880 feet by 510 feet. It will be about t 25 feet deep, and will likely have
a permanent pool whose level will be Influenced by the ground water of the Skunk River. The
soil which will be removed 1roill this pit will be placed to the west of the excavation site in order
to raise that part of the lot above the base flood elevation. The excavation site is about 105 feet
from the channel of the river and will not alter the waterway nor have all impact on it in a state of
normal flow. There will be 110 buildings, structures or storage of' materials associated with this
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activity, and the excavated and disturbed ground will be seeded. The project does not include
any stream crossings. The Only public or private infrastructure that could potentially be
impacted is a City raw water supply well that is within 1,0()0 feet of the site. This can be staked
during the active excavation work so that damage to it will be avoided.
DECISION
The Board considers tile standards applicable to Conditional Use permits for activities it, tile
Floodway. The proposed activity will not impact flood heights or velocities as the proposed
activity will not increase base flood elevations. There are no water or sanitation systems on site
not- is there to be any storage of materials. 'file exposed soils will be seeded to hold them from
wind and water erosion, and during the active excavation, the City well nearest the excavation
site will be marked with stakes so that it call be avoided. In light of the evidence presented and
the findings of fact by staffthe Board Finds that it call g I I
I rant this ("onditional LJse permit.
ORDER
WHEREFORE, IT IS ORDERED that the applicant is Granted a Conditional Use Permit,
Sections 9.4 (2) and 9.7(3) of the Ames Municipal Code, to allow excavation of a 25 toot deep
pit measuring 880 fect by 510 feet in the Floodway, SL1bjCCt to the following conditions:
1. The applicant shall obtain a Flood Plain Development Permit prior to excavation and
shall comply with any conditions imposed therein;
2. The applicant shall obtain aC(.)SECSOpermit prior toexcavation; and
3. The applicant shall place stakes or other visible markers along sin arc that lies 1,000
t'eet from the City of Ames water supply well prior to any excavation, shall maintain
the markers Until the excavation is complete, and shall CIISUrc that no excavation
OCCLH-S within the protected area,
All for the property located at 530 and 900 Southeast U)"' Street.
Any person desiring to appeal this decision to a COUrt Of record may do so within 30 days after
the filing ofthis decision.
Done this 14"' day of'Novernber, 2012.
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Jill R7� =.
ipperger
Secretary to the Board