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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 9-26-2007MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA SEPTEMBER 26, 2007 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m. on September 26, 2007, in the Council Chambers of City Hall with the following members present: Denise Link, Mary Ann Lundy, Lucy Martin, Bradley Miller and Thomas Weber. Staff members Jeff Benson and Judy Parks were also present. APPROVAL OF MINUTES: Moved by Link, seconded by Martin, to approve the minutes of the meeting of September 12, 2007. Vote on Motion: 5-0. Motion carried unanimously. CASE NO. 07- 23 CONDITIONAL USE PERMIT IN THE FLOOD PLAIN – IOWA STATE UNIVERSITY, PROPERTY OWNER/LESSOR; CITY OF AMES PARKS AND RECREATION DEPARTMENT, LESSEE; SCOTT RENAUD, FOX ENGINEERING, CONTACT PERSON Public Hearing on application for a Conditional Use Permit to allow for grading and construction of recreation facilities and an aquatic complex in the General Flood Plain (Overlay) District on the properties at and directly west of 1635 13th Street Planner Benson stated that the City of Ames Parks and Recreation Department is proposing to construct an outdoor aquatics center on property which was previously used by Iowa State University as a horse pasture. The site is located in an open area south of Ames High School and north of Brookside Park. There is a Low-Density Residential neighborhood to the east and open space to the west. Benson said that Chapter 9 of the Municipal Code provides a mechanism that allows for a variety of uses in the flood plain, provided they can remain safe. Permits are required and conditions may be attached. He explained the General Flood Plain consists of the “floodway” and the “floodway fringe.” Both of these areas may presently flood. The area designated as the floodway, however, must be able to accommodate flood waters at the 100-year level, even if the entire floodway fringe were to be elevated. The process used for determining these areas in Ames is the same as that used by the Federal government. Mr. Benson stated that, in order to for the aquatics complex itself and the areas downstream to remain safe, the proposed facility will be elevated three to four feet above the floodplain elevation and registered engineers will certify the integrity of its design. No development at all is being proposed in the floodway, and the only thing not being raised out of the floodway fringe is the parking lot. All of the buildings, aquatic structures, mechanical systems, and storage areas will be raised. Benson said staff recommended approval of the permit with the condition that all materials and equipment that are flammable, explosive, or injurious to human, animal, or plant life be stored at least three feet above the base flood elevation. Board member Weber asked why staff would limit conditions on the permit to things that are flammable, explosive, or hazardous. Benson said that the Conditional Use Permit would be based on implementation of the plan submitted, so the permanent facility would have to be built according to the plan. The stipulations attached to the permit only need to refer to operational aspects of the complex and those items that are stored or moveable. Weber asked if the entire structure of the pool would be elevated above the flood way. Benson explained that the above-ground portion of the pool and the level of the finished floors of the buildings are what he meant when he said they would be elevated at least three feet. Other elements of the structures, such as footings and foundations, will not be above the base flood level, but will be certified as being structurally appropriate by a registered engineer. Board member Martin asked if the floodway lines took into account the changing shape of creeks and rivers over time. Benson said that the lines are only based on the topography at the point in time the study is made, but floodplain maps are redrawn periodically. Older structures are grandfathered in and flood insurance, underwritten by the federal government, is available with understanding that cities attempt to keep the floodplain as safe as possible. As an example, he noted that the floodplain map was redone in 1994 after the 1993 flood and the City had a buy-out program in order to remove some homes and create new park lands around Squaw Creek. Scott Renaud, Fox Engineering Associates, said that he was hired by the City for this project. He said that, as Mr. Benson stated, the elevation of the surface of the water in the pool will be three feet above any flood water. Critical equipment and pumps will all be above the floodway. If flood water were ever to spill into the pool, the pool filtration system could be turned off so that the water and silt could be removed by other means to prevent damage. Responding to a question about the parking lot, Mr. Renaud said it would be paved, but the design has not been completed yet. The conceptual design includes swales, or infiltration zones, to allow drainage between the parking aisles. Robert Ewing, 1411 Summit Avenue, stated that he owns property that adjoins the aquatics complex site and is concerned about the balance between keeping the pool high enough to be safe from flood damage and also low enough to minimize the impact of noise, light and potential trespassers on the neighborhood. He also asked when the topographical map was made, what the general elevation of the site would be, how much lower it would be than the street in front of his house, and what the heights of the changing house, slides, and other features would be. Assuming the floodplain lines were drawn recently and accurately, Mr. Ewing said he did not have specific objections to approval of this permit. Mr. Renaud said the topographical survey was done in July or August of 2007. Without knowing the elevation of Mr. Ewing’s property, he could not say how the elevations compared. However, there will be 120 to 150 feet between the pool site and the back of the residential property lines, and the heavily-treed thicket in that area will not be disturbed. He guessed that there was probably a 20-foot difference in elevation between the future surface of the pool and the lot lines, and perhaps another 20-foot difference from the lot line to the house. The slide 3 height is not yet known. Renaud said that the complex would undoubtedly create some noise and light, but Ames does have a stringent light ordinance so that should not be an issue. Gary Cameron, 1441 Summit Avenue, stated that he had concerns similar to Mr. Ewing’s and asked if the City would put in any privacy fencing to block noise and light. Mr. Renaud stated that there will be an eight- or ten-foot-high security fence around the entire aquatic complex, but its purpose will not be to minimize sight or sound. He emphasized that the trees between the complex and the homes on Summit Avenue are so thick that the survey crew was not even able to work in there, so he assumes there will be little trespassing through the homeowner’s yards. The entrance to the pool will be on the west side of the facility next to the parking lot. There was discussion about Ames’ lighting code. Mr. Benson explained that it is intended to minimize light pollution on adjoining properties. No light is allowed to go above horizontal and only five percent of the total light output may be above 15 degrees. Lights must be laid out in a way to minimize light trespass and the standards are reviewed during the design phase of the project. If a home is higher than a light fixture, there should be no way to see the light source or any glare, and this pool will be down the hill and several hundred feet away from the homes. Moved by Miller, seconded by Martin, to ADOPT ORDER 07-23 granting a Conditional Use Permit to build and operate an aquatic center in the General Flood Plain (Overlay) District on the property at 1635 13th Street and on a portion of the parcel immediately to the west, with the stipulations that materials and equipment that are flammable, explosive, or injurious to human, animal, or plant life will be stored at least three feet above base flood elevation and that all other flood plain zoning codes will be met. Roll Call Vote: 5-0. Motion declared approved unanimously. COMMENTS: None ADJOURNMENT: The meeting was adjourned at 7:40 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, October 24, 2007, in the Council Chambers of the Ames City Hall at 515 Clark Avenue.