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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 4-09-2008MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA APRIL 9, 2008 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:12 p.m. on March 12, 2008, in the Council Chambers of City Hall with the following members present: Bruce Calhoun, Denise Link, Bradley Miller, and Thomas Weber. Lucy Martin was excused. Staff members Steve Osguthorpe, Judy Parks, and Sam Perry were also present. ELECTION OF OFFICERS: Moved by Link, seconded by Weber, to nominate Bradley Miller for the office of Chair of the Zoning Board of Adjustment. Vote on Motion: 4-0. Motion carried unanimously. Moved by Link, seconded by Weber, to elect Miller as chair of the Zoning Board of Adjustment Vote on Motion: 4-0. Motion carried unanimously. Moved by Link, seconded by Calhoun, to nominate Lucy Martin to serve as vice-chair of the Zoning Board of Adjustment. Vote on Motion: 4-0. Motion carried unanimously. Moved by Link, seconded by Calhoun, to elect Martin as Vice Chair of the Zoning Board of Adjustment. Vote on Motion: 4-0. Motion carried unanimously. APPROVAL OF MINUTES: Moved by Miller, seconded by Link, to approve the minutes of the meeting of March 12, 2008. Vote on Motion: 4-0. Motion carried unanimously. Mr. Osguthorpe introduced Sam Perry, who joined the Ames Planning staff in February. He also welcomed new Board member Bruce Calhoun. Mr. Calhoun stated that he needed to recuse himself from the hearing of this application and left the dais. CASE NO. 08-06 CONDITIONAL USE PERMIT - RON KOSS, DOPPCO DEVELOPMENT, INC. APPLICANT & BUYER); AND KENNTH D. JANSSEN, C.G.A. CONSULTANTS, REPRESENTATIVE; 806 SOUTH DUFF AVENUE Public Hearing on application for Conditional Use Permit to allow the construction of a commercial building in the General Flood Plain (Overlay) District at 806 S. Duff Avenue Planner Perry stated that the Zoning Board was reviewing this application because the site is located in the floodway fringe portion of the general flood plain of the Squaw Creek watershed. He stated that the proposed development would take place in a Highway-Oriented Commercial (HOC) Zoning District, which is appropriate, and explained that the applicant, Doppco 2 Development, was in the process of purchasing the property. The future building is expected to house one restaurant and two other unknown commercial tenants. Mr. Perry stated that the parcel is slightly larger than one acre. The lot is vacant at present. Auto Glass Center is located south of the lot; to the north there is a driveway, which provides access from South Duff to the lot directly to the east, and then O’Malley & McGee’s Mexican Restaurant. Mr. Perry drew the Board’s attention to the Staff Report and 12 of the factors upon which the Zoning Board’s decision to approve this permit are to be based. He said several City departments are involved in various stages of the approval process. The City just approved the stormwater control design and the Iowa Department of Natural Resources (IDNR) has also received the proposal. The Report stated that no information pertaining to expected heights, velocity, duration, rate of rise, and sediment transport of the floodwater expected at the site was provided by the applicant (under item 11), but Mr. Perry said it was not necessary because detailed information is already available. The 100-year flood line is shown on Flood Insurance Rate Map (FIRM) panels, so the required elevation of the finished floor was already known. (If the mapping had not already been done, the developer would have been required to submit detailed information.) Mr. Perry further explained that federal regulations require the finished floor to be at least one foot above the base flood elevation, but the City requires it to be three feet higher. Mr. Perry advised the Board that approval of the Conditional Use Permit would not give this applicant the go-ahead to build. This permit would allow them to start grading the site; the building permit will be granted only after several other aspects of the project are approved by City Departments and a Minor Site Development Plan is approved. The applicant is currently in the process of obtaining a cross-access agreement with the property owner directly to the east, as required by the City’s Traffic Engineer. Approvals for other aspects of the project (such as curb cuts, landscaping, drainage) will be handled by various City offices. Planner Perry concluded that, based on the findings of fact and analysis of the Municipal Code, staff believed approval should be granted with certain conditions. One of the conditions would be to require a plan for removal of hazardous items that could potentially be present on the property during a flood event, even though no outdoor storage is being proposed at this time. Board member Link asked what happens to the floodway fringe when the floor of the building is raised. Mr. Perry replied that FEMA (the Federal Emergency Management Agency) does not consider the floodway fringe as part of the area conveying the water. Mr. Osguthorpe added that the calculations which determine the area of the floodway assume that the entire floodway fringe may be filled (developed) so that it can become a sort of levy. Ms. Link asked if the conditions on the permit would apply to future property owners, as well as this one, and Board Chair Miller wondered if there was a list of “dangerous” materials that would alert someone of the need to request approval for storing them. Assistant City Attorney Parks said that the Fire and Building Inspectors would check for those things during their annual inspections, and they are well aware of which materials are hazardous. 3 There was discussion about the water retention plan for this site and how it compared with the one for the newly constructed Wal-mart Supercenter. Staff explained that they are similar, in that both developers were asked to make a shallower basin in order to leave more material over the City’s underlying aquifer. Engineers determined, in both cases, that it would be better to move the water downstream quickly than to try to retain it. Wal-mart followed a different procedure for approval because a new subdivision was being created and changes made by the City Council required action on the part of the ZBA at two different stages. However, Attorney Parks stated that approval of the Minor Site Development Plan required for the Doppco site was in the hands of staff and she was comfortable in relying on their professional expertise. Kenneth Janssen, 3006 Grove Avenue, Ames, stated that he represented the applicant. He has been an engineer and land surveyor here since 1972. Mr. Janssen addressed the conditions proposed by staff, stating that a National Pollutant Discharge Elimination System (NPDES) permit to allow for discharge of stormwater from the site was received on April 3, so the first condition has already been met. He added that, as noted by staff, the Minor Site Development Plan process is well underway – all required local approvals are being obtained and no other state or federal approvals are needed. Finally, Mr. Janssen agreed that the stipulation pertaining to removal of potentially hazardous materials was appropriate, particularly because the future building is not yet fully leased. To help the Board understand the floodplain map that was being displayed, Mr. Janssen explained that the pink areas indicated the floodway, where flood waters move through town on their way downstream. The floodway fringe is shown in blue. It shows the boundaries of the area which, if filled (developed or elevated), would raise the water in the floodway one foot. That is the reason FEMA requires the finished floor of a structure within the floodway fringe to be raised one foot and it’s also the reason for having no basements. He said the Doppco site has been designed so that floor will be elevated three feet. He said it may end up looking something like a turtle because the surrounding ground will be sloped away and kept low on the edges so that water will flow across the property and into the shallow pond. A grassy swale will assist with drainage. Mr. Janssen briefly described the geology of the site and explained the plans for stormwater management. He said the first one-and-one-quarter inches of rain to fall in a 24-hour period (the first flush) will be held on the site. Water will run off the building and across the parking lot, washing any oils, debris, and dirt into the pond. Additional rainfall over the first 1.25 inches will run across, and the cleaner water will continue downstream to the east toward the Skunk River. Mr. Janssen further explained that a water quality retention area would be excavated during construction and used as a silt trap. Any silt or mud caused by spring rain will go into this area. It will be cleaned out as needed and, once the construction phase is finished, the basin will be cleaned out and native pond-type vegetation will be planted. The plants will hold the water so that it can percolate into the ground. 4 Mr. Janssen elaborated on earlier statements made by the planners, explaining that the sooner water is moved through the area, the more room there is to handle what is coming from upstream. It is not desirable to be holding water on a site when additional water comes from upstream because it simply holds it back and contributes to the flood. When run-off has already been released, flood water is able to move across the site and through town more quickly. There was discussion about this concept. In wrapping up, Mr. Janssen added that the applicant and the neighbors are working together on cross-easement agreements so that all the affected parties will be afforded use of the driveway for access to their properties. Mr. Perry noted that the City was not aware that the NPDES Permit for stormwater discharge had been received from the IDNR at the time the Staff Report was written. Moved by Link, seconded by Miller, to ADOPT ORDER 08-06 granting a Conditional Use Permit to allow the construction of a commercial building subject to the following conditions: 1. The applicant provide evidence that approval of the proposed development has been granted by the Iowa Department of Natural Resources; 2. that all required local, state, and federal permits be obtained by the developer of the property; and 3. that if a potential tenant that stores or sells dangerous or pollutant materials such as, but not limited to, fuels, fertilizers or other chemicals, proposes to occupy this site, a plan of safe removal during flood warning shall be submitted to the Building Official for review and approval prior to moving such materials onto the site; and 4. that the building owner shall be required to notify all tenants of the above requirement. Roll Call Vote: 3-0 Motion declared approved unanimously. COMMENTS: ADJOURNMENT: The meeting was adjourned at 8:09 p.m. Karen C. Thompson, Recording Secretary Bradley Miller, Chair The next meeting of the Zoning Board of Adjustment will be a Regular Meeting at 7:00 p.m. on Wednesday, May 14, 2008, in the Council Chambers of the Ames City Hall at 515 Clark Avenue.