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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 10-10-2007MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA OCTOBER 10, 2007 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m. on October 10, 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, Jon Nelsen, Judy Parks and Steve Osguthorpe were also present. APPROVAL OF MINUTES: Moved by Martin, seconded by Lundy, to approve the minutes of the meeting of September 26, 2007. Vote on Motion: 5-0. Motion carried unanimously. CASE NO. 07- 24 EXCEPTION FOR MINOR AREA MODIFICATION – CAROL CHAPELLE, 438 OLIVER STREET Public Hearing on application for an Exception for a Minor Area Modification to allow a reduction of the required side yard setback from six feet to four feet for construction of an addition to the home at 438 Oliver Avenue Planner Nelsen stated that the house was built 50 years ago, before setback requirements were in place, and the structure sits four feet from the side lot line. The applicants want to expand the master bedroom to include a bathroom and closet space; however, the required side yard setback is now six feet, so an Exception is being sought in order to build the addition in line with the existing north wall. Nelsen summarized staff’s findings on the standards that must be met for approval of the Exception: · it will not be detrimental to the public health, safety or general welfare; · it will not have a substantial negative impact upon the neighboring properties, both of which have rear yards abutting this side yard; · it does not exceed the reduction limit of two feet in the side yard setback of a single-family home; · it does not authorize a use or activity not already allowed in this zoning district; · it upholds the spirit and intent of the zoning ordinance and general plan of the community; · it is the minimum modification necessary to achieve the desired outcome; and · it does not alter the applicant’s obligation to comply with other applicable regulations. Nelsen said that building onto the front of the house is the least costly and most reasonable way for the applicants to accomplish their goal and, without the Minor Area Modification, the addition would not match up with the existing wall. The “notch” would create an odd look. He concluded that the Department of Planning and Housing recommended approval of the request. 2 James McCormick, 438 Oliver Avenue, stated that Mr. Nelsen had accurately summarized the request he and his wife are making. Moved by Lundy, seconded by Link, to ADOPT ORDER 07-24 granting an Exception for a Minor Area Modification to the Zoning Ordinance Table 29.701(3), “Minimum Building Setbacks: Side Lot Line Abutting a Residentially Zoned Lot,” from the required six feet to four feet on the north side of the building at 438 Oliver Avenue. Roll Call Vote: 5-0. Motion declared approved unanimously. CASE NO. 07- 26 CONDITIONAL USE PERMIT IN THE GENERAL FLOOD PLAIN - THE SHOPS AT EAST PRAIRIE, LCC; AND BARILLA AMERICA, INC.; 3499 EAST 13TH STREET Public Hearing on application for a Conditional Use Permit to allow grading and construction for a commercial development in the General Flood Plain (Overlay) District on the properties located on the north and south sides of East 13th Street, immediately east of I-35 Planner Benson stated that the parcels in question are presently zoned Agricultural (A) and Planned Industrial (PI), but rezoning has been approved, and is pending, to change all parcels to Planned Regional Commercial (PRC) within the Northeast Gateway Overlay District (O-GNE). He said the work that will be done will result in a change to the floodplain on two sites, one north and one south of East 13th Street, but the two sites will be developed by one party for a regional commercial center and it is appropriate for one permit to cover the entire project. Benson said that the preliminary plat and major site development plans will be presented to the Planning and Zoning Commission next week, and will then go to the City Council for approval. Benson explained that the property north of East 13th Street has general flood plain consisting of an unnamed channel in the extreme southeast corner. Water in the channel flows beneath the street to the south site, where it runs generally north-south to a drainage pipe beneath the railroad track. There is also a small finger of flood plain that lies northeast of the main channel on the south side. The flood plain drains a large area and is also fed by drainage tiles. Benson noted that there is no differentiation between the floodway and the floodway fringe in this flood plain. Benson stated that the developer’s strategy for making all the future facilities safe is to grade the sites so as to relocate the flood plain. At present, both sites are in crop production. They will have a higher rate of run-off once the buildings and paved surfaces are constructed; however, the drainage areas and detention structures will be designed so that the stormwater discharge rate will remain the same as it is now. On the north site, flood storage capacity will be increased by a large detention area in the southeast corner, and other features will help accommodate run-off from rooftops and parking lots. The stormwater discharge rate will also be increased on the north site, and flood waters will pass down to the south site via large culverts underneath East 13th Street. The result will be the elimination of the General Flood Plain Zone on the north site – all flooding and the storage area needed to accommodate it will be on the site south of East 13th 3 Street. There, the flood plain will be shifted to the east and south to locations where there will be no buildings or parking lots. Planner Benson stated that because the flood plain will be shifted, the developer is required to document the changes to the affected parcels with a Letter of Map Revision, which will have to be approved by the federal authorities and the Iowa Department of Natural Resources (DNR), as well as by the City of Ames. The flood plain, as defined in its future configuration, will determine where buildings may or may not be put. Benson said that the applicant is following the procedure laid out by the DNR. He stated that, after reviewing the criteria, staff is of the opinion that the standards are met, and that the Conditional Use Permit may be granted with the stipulations that: 1. Public Works Engineering approves grading and drainage plans, and 2. building permits not be issued until the changes to the flood characteristics of the affected parcels are documented with a Letter of Map Revision or other appropriate document approved by the federal and state authorities having jurisdiction, and by the City of Ames. There were several questions from the board regarding specific aspects of the proposal. Mr. Benson stated that the development plan for Lifestyle Center also proposes a small detention pond in the northeast corner and the southeast corner is platted as an outlot, meaning that nothing can be built in the detention pond area. He said the size of the ponds has been calculated based on run-off rates after development. New 72-inch culverts will be installed under the street. Board member Link asked if it were common practice to relocate a floodplain. Mr. Benson said that it is common to change the floodway fringe and there is no fringe designation here. Mr. Osguthorpe added that this is a small stream system so the concept of relocation works. The entire area is large enough and the wetland is small enough that it is possible to make the relocation on the owner’s own property; they are not pushing water onto someone else’s land. There was also discussion about the map revision and accuracy of modeling. Mr. Benson stated that the City Engineer approves the grading plan and drain structures. By ordinance, the run -off rates after development may not exceed the pre-development rate, and the water must pool in the detention area on this owner’s property. Both the Iowa DNR and FEMA will have to certify the new floodplain map. Board member Weber asked what the effect of the increased volume of drainage would be downstream. Mr. Benson replied that the stream will be wet longer during and after a storm event, but the change in volume will not exceed the stream’s capacity to handle the water as it comes through. Wayne McCoy, Civil Engineer with Miller/McCoy, Chattanooga, TN, stated that Mr. Benson had done a good job of explaining the situation. He said the amount of material being put in to build berms around the ponds is less than the amount being removed, so net amount of water storage in the floodplain will be greater and the peak rate of run-off will be less than at present. 4 McCoy noted that he prefers to be conservative, so while bioswales along the south sides of the parking lot will also help store some of the run-off and further reduce the flow, they were not considered in the calculations. The developers do not want flooding anywhere. McCoy stated that the water table is only about four feet beneath the surface of the ground, so a large detention pond is needed to store the water. He explained that run-off from the shopping center will pass through the new system, but existing tiles also bring in water from other sites at present, and the flow of water through them will be diverted to the east. There was some discussion to clarify of these points and Mr. McCoy added that the water flowing onto the site through the tiles could be taken into the new system, but the plan is for the outside water to by-pass it. McCoy said he was not aware of any changes in drainage that would result from this work. As it stands, there is an almost-continual flow of water. He explained that in the far southeast corner, near the railroad track, there will be a slope and a large berm constructed so that the water might end up being eight feet below the top of the slope. The north side does not have enough area to hold water from a 100-year storm, so the water level will probably be about four feet below the top of the berm. Mr. McCoy stated that some landscaping will be added so that the pond will become an aesthetic feature of the development. Assistant City Attorney Judy Parks inquired about the time it would take for the Letter of Map Revision to be approved. Mr. McCoy stated that it would depend on the agencies’ work load, but he imagined it would be 30-60 days. Dan Culhane, president of Ames Chamber of Commerce and the Ames Economic Development Commission, 1601 Golden Aspen Drive, urged the Board to follow staff’s recommendation for approval. Gerald Johnson, 21473 570th Street, stated that he is the landowner to the north and said he believes the engineer’s estimates of water flow are on the small side. He stated that the drain tiles run full and can blow two to four feet of dirt out upstream. He related that it took a long time for Barilla to sink a gas line in the area north of the detention pond because it floated. There have been many springs and summers when there were ducks in the field because the water table was at the surface. Mr. Johnson agreed that the water in the tiles should not drain into the detention pond because it would require much greater capacity than is being planned. He believes the total drainage area is about 1600 acres. Holly Fuchs, 806 Brookridge Avenue, asked what measures will be taken to control mosquitos and protect people from them. Mr. McCoy stated that fountains will aerate the water to keep it clean and prevent mosquitos from breeding. He added that there will be grass at the perimeter of the pond and prairie grasses planted in the bioswales. Board member Weber asked about the differing opinions on the water table. Mr. McCoy said that he has also seen water at the surface and there are pockets where it may be higher but, in general, it’s about four feet under ground. He said that hydrogeological studies were done on the sites, using meters to measure the highest elevations, and they have groundwater contours 5 plotted on plans so that they stay above the groundwater. The studies were done over a three-month period in the spring of 2005. They tried to pick the wettest times and took the highest numbers. Planner Benson stated that the City has been very cautious about this matter. The City Council asked for a hydrogeological consultant to do modeling during the wettest period in order to understand the sub-surface flooding and the character of marsh to the north. The study incorporated soil composition. He said the plan for the study was approved by Public Works and the results are now being evaluated by the Water & Pollution Control Department. Board Chair Miller said he wanted to make sure there was no negative impact on the landowner to the north and proposed a stipulation to that effect be added. Moved by Link, seconded by Miller, to ADOPT ORDER 07-26 approving a Conditional Use Permit to allow grading and installation of drainage structures for stormwater detention in the General Floodplain District associated with a regional-scale commercial development on East 13th Street, with the following stipulations: 1. that Public Works Engineering approves grading and drainage plans; 2. that any drainage change will not have an adverse effect on adjacent properties; and, 3. that, within the general flood plain, building permits will not be issued until the changes to the flood characteristics of the affected parcels are documented with a Letter of Map Revision or other appropriate document approved by the federal and state authorities having jurisdiction, and by the City of Ames. Roll Call Vote: 5-0. Motion declared approved unanimously COMMENTS: ADJOURNMENT: The meeting was adjourned at 8:05 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.