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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 4-26-2006MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA APRIL 26, 2006 The Ames Zoning Board of Adjustment (ZBA) met, pursuant to law, in regular session at 7:00 p.m., on April 12, 2006, in the Council Chambers of City Hall with the following members present: Denise Link, Mary Ann Lundy, Lucy Martin, Bradley Miller and Charles Samuels. Staff members Ray Anderson and Judy Parks were also present. APPROVAL OF THE MINUTES: Moved by Miller, seconded by Link, to approve the minutes of the April 12, 2006, Zoning Board of Adjustment Meeting. Vote on Motion: 5-0. Motion carried unanimously. CASE NO. 06-06 SPECIAL USE PERMIT – DICK CLEM COMMERCIAL PROPERTIES, PROPERTY OWNER; CHRIST APOSTOLIC FAITH TEMPLE, APPLICANT; BILL WOODWARD, AGENT Public Hearing on application for a Special Use Permit to allow the establishment of a religious institution in a commercial zone (HOC) on the property at 212 SE 16th Street Board Chair Lundy explained that this case had been withdrawn at the request of the applicant. CASE NO. 06-07 CONDITIONAL USE PERMIT IN THE GENERAL FLOOD PLAIN (OVERLAY) DISTRICT – WAL-MART STORES, INC.; MEYERS FAMILY INVESTMENTS, L.L.C., AN IOWA LIMITED LIABILITY COMPANY; AND WARD DEVELOPMENT, L.C, PROPERTY OWNERS; AND CHARLES BECKER, BELIN LAW FIRM, REPRESENTATIVE Public Hearing on application for a Conditional Use Permit in the General Flood Plain (Overlay) District to allow demolition, excavation, filling and/or construction on the property at 534 South Duff Avenue Planner Anderson stated that the subject property is located east of South Duff Avenue and south of SE 5th Street and the request is to allow the demolition of existing structures and construction of a 204,000 square-foot retail store, a parking lot, and the associated landscaping. A Conditional Use Permit is required because the proposed subdivision/development lies entirely within the 100-year flood plain. Anderson took time to explain the designations within the flood plain. Using overhead graphics, he pointed out the floodway, located in a triangular-shaped section of the southeast corner of the site, and stated that no structures could be built in that area. The rest of the property, in the area known as the floodway fringe, is where the applicants propose to construct the store. He said that that is permissible, if the elevation of the building is raised at least three feet above the base flood level shown on the 100-year flood map. 2 On an unapproved version of the site plan, Anderson showed that the proposed building will be situated outside of the floodway; only parking lot and storm water detention basins will be within the floodway. The floodway fringe will be graded to allow for good flowage over the rest of the site. Anderson said staff had reviewed the applicable standards and believes all criteria set forth in the City’s ordinances are met with the stipulations recommended in the staff report. He outlined the stipulations, which include: · approval of the development by the Iowa Department of Natural Resources (IDNR); · complete ownership of the land by the developer (at present there are four different owners); · meeting all requirements for approval of a Minor Site Development Plan before a building permit is issued; · receipt of all local, state and federal permits and approvals; and · provisions for the protection of the City’s ground water and adjacent well field, both presently and in the future. Board member Samuels asked about the condition pertaining to ownership. Anderson stated that four parties now own portions of the proposed subdivision; staff recommends a stipulation that would require Wal-Mart to own all the property before the Conditional Use Permit, if granted, became effective. Referring to the factors for decision making outlined in the staff report, board member Miller questioned whether or not it was true that no other commercial sites of this size were available in the city. If so, he wondered why, and suggested that the city should look into that problem. Anderson said the determination really depends on what property is available and what is for sale. He said it might be possible to consolidate enough parcels to create a large tract, but staff is not presently aware of any other location of this size within the corporate limits. Board member Martin asked for further explanation of water-related issues. Tom Neumann, Director of the City of Ames’ Water and Water Pollution Control Department, showed the board that two of the five wells in the Southeast Well Field are adjacent to the Wal-Mart site. He said they comprise about 40% of the City’s currently-available water supply capacity. The City is required by the IDNR to provide separation between adjacent sites and wells to protect the groundwater below. For these particular wells, no chemicals may be within 200 feet, so the parcels are each 400 feet square and no fertilizer or pesticides are used on the ground cover. Neumann explained staff’s three concerns: · Site separation – Certain activities or uses require greater separation from the wells, so if Wal-Mart, for example, wanted to add a service station at the Super Center, the City would want to ensure that there was adequate separation between gasoline tanks and the wells. If chemicals were allowed to encroach into the required separation, the City might not be able to repair the water wells or might even be forced to abandon them. · Protection of the aquifer from surface contamination – At present, there is between 12 and 15 feet of topsoil over the formation that the City taps for water, but Wal-Mart proposes to excavate a storm water detention basin on the far east side of the parcel. Excavation could reduce the depth of the topsoil to seven feet and that would greatly reduce protection of the 3 aquifer from surface contamination. Therefore, staff has requested that the detention basin be lined in a fashion which prevents percolation and possible contamination. · Protection of the City’s classification by the IDNR and the Environmental Protection Agency (EPA) – The City of Ames is now identified as a “groundwater source vulnerable to contamination,” and therefore is subject to operational, treatment, and monitoring requirements. If, however, the detention basin or any activity on the Wal-Mart site were to cause the IDNR or EPA to reclassify the City as being “under the influence of contamination,” extremely expensive monitoring and operational requirements would be imposed. Staff wants to protect the City from liability, should that occur, and therefore recommends that Wal-Mart be held liable for its “contribution” to the situation. Ms. Martin wondered how Wal-Mart’s liability could be quantified. Neumann said it would be dependent on the language in the development agreement. The developers and the City are looking into these concerns, but the agreement has not been made yet. He noted that there are four distinct well fields in the City and activities going on in the other locations could also potentially contribute to a reclassification by the IDNR. If that were the case, Wal-Mart would not necessarily be liable, so the agreement will have to be written to take various situations into account. At this point in time, Neumann said that simply including the recommended stipulation in the Conditional Use Permit would suffice to draw attention to the issue. Mr. Miller asked if this wording would hold Wal-Mart responsible for damages that might occur ten years from now. Attorney Judy Parks said that the contractual, binding document will be the Development Agreement, and the language in it will be very precise. The wording proposed by staff is fine for the Conditional Use Permit, and should be included just so that the concerns are mentioned at every step of the process. Ross Henson, Buescher Frankenberg Associates, Inc., 103 Elm Street, Washington, Missouri, stated that he is a civil engineering consultant for Wal-Mart on this project. He said his firm is doing additional site investigation and soil research, including permeability and ground water testing, on the site now. They will be able to recommend a liner for the detention basin after they study the data. Henson added that there are no plans for a gas station at the Super Center. It is not advisable or practical to put underground storage tanks in the flood plain, nor would there be adequate parking area left if they installed pumps. Board member Miller asked for details about the No Rise Certificate. Henson explained that the net result of the grading plan would be a larger cross-section. Water capacity as well as conveyance will be increased by removing the exiting buildings, lowering the parking area in front of the store, and lowering the grades in the floodway through the construction of the detention basin. Henson also stated that the floor elevation in the southeast corner of the building (889 feet) will be six feet higher than the elevation of the pavement outside (883 feet). Charles Becker, of the Belin Law Firm, 666 Walnut Street, Suite 2000, Des Moines, stated that he was an attorney representing Wal-Mart Stores, Inc. He said that the City of Ames requires a review by the IDNR and the Army Corps of Engineers, so materials were submitted to both 4 organizations. The IDNR has now declared that the project satisfies their rules for development in the flood plain, and the Army Corps has determined that this issue is outside their jurisdiction. As evidence of compliance with the City’s requirements, Belin passed out copies of the documents received from both entities. Mr. Becker also noted that he wanted the Board to be aware that fill would be placed in the floodway fringe in order to elevate the store, as permitted under Iowa and Ames ordinances. Board member Miller stated that the site will eventually be flooded, and he was interested in making sure the City is as well protected as possible from problems that might result. Mr. Becker said he felt the City’s flood-related ordinances were very good and allowed for only limited of activities in sensitive areas. He reiterated that Wal-Mart’s engineering plan will result in a net gain in the amount of water that can be carried across the site, and nothing will be present that can float away. All storage materials, as per the Ames ordinance, have to be able to be moved in the event of a flood warning. He admitted that concerns about the water well fields is understandable, and Wal-Mart will be dealing with them. Becker said he was confident the City will be satisfied of protection in the event of a flood, and pointed out that it is advantageous that the detention basin will be located down grade from the wells. Robert Goodwin, 311 Lincoln Way, stated that he is an attorney in Ames and represents Pro Group Limited Liability Company. His clients have leaseholder interest in the building where the Excelerator track is located and they have not yet been unable to agree to a buy-out. He stated that he and his clients have been kept totally in the dark with respect to a time line or schedule of events and would like to have some information so they can negotiate with the property owner. Attorney Parks stated that negotiations between outside parties are not under the jurisdiction of the Zoning Board of Adjustment. Planner Anderson added that City staff does not have a schedule either; staff’s role is to advise developers on the process for obtaining necessary approvals by the City. Property acquisition, demolition, and issues pertaining to a construction schedule are up to the owners and developers. Attorney Becker said that Wal-mart does not have a finalized schedule at this point, either. There are many procedural issues and lengthy discussions ahead, and they are still working on finalizing sales of the property with two owners. Doug Livy, owner of the property at 705 S. Duff, stated that his land is across the street from the proposed development and asked for information about traffic flow and control. Anderson advised him that there would be a deceleration and right turn lane on the northbound side of South Duff, and that the west entrance would be right turn only – both in and out. He confirmed that the new west entrance would be about 20 feet farther south than it is now, but the primary entrance (and the delivery entrance) will be on the north side, off of SE 5th Street. Moved by Lundy, seconded by Martin, to ADOPT ORDER 06-07, granting a Conditional Use Permit in the General Flood Plain (Overlay) District to allow demolition, excavation, filling and or construction on the property at 534 South Duff Avenue, with the following stipulations: 5 1. Approval of the proposed development is obtained from the Iowa Department of Natural Resources (IDNR); 2. That all land included inside the boundaries of the proposed development be under the ownership of the Developer of the property; 3. That all prerequisites for a Minor Site Development Plan be met prior to approval of same by the City of Ames; 4. That all required local, state and federal permits and approvals be obtained by the Developer of the property; 5. That the Developer take all necessary steps and precautions to protect the quality and quantity of the City’s groundwater and its adjacent well field, presently and in the future. These steps shall include, but are not limited to: construction of its storm water detention pond in such a way that it shall not create a contamination source to the groundwater aquifer underlying the site or in the vicinity of the site, including installation of a liner in the storm water detention area; limiting all activities on their site so as to maintain all well site separation criteria mandated by the IDNR; and execution of any necessary documents and/or agreements to satisfy the City that it will not sustain any damage from this development. Miller asked that the record include his recommendation that the City fully and legally protect itself from any potential damages that could result from this development. Roll Call Vote: 5-0. Motion carried unanimously. COMMENTS: None ADJOURNMENT: The meeting was adjourned at 8:00 p.m. Karen Thompson, Recording Secretary Mary Ann Lundy, Chair The next meeting of the Zoning Board of Adjustment will be a Regular Meeting at 7:00 p.m. on Wednesday, May 10, 2006, in the Council Chambers of the Ames City Hall at 515 Clark Avenue.