Prepared by and to be returned to Linn County Planning & Development nd Street S.W., Cedar Rapids, Iowa (319)

Transcription

1 Prepared by and to be returned to Linn County Planning & Development nd Street S.W., Cedar Rapids, Iowa (319) LINN COUNTY, IOWA ZONING BOARD OF ADJUSTMENT IN THE MATTER OF THE APPLICATION OF Linn County, Owner, and City of Cedar Rapids Public Works Department, Petitioner, requesting a Conditional Use Floodplain Permit for Excavation in a Floodway at Morgan Creek to install a replacement 8 sanitary sewer line in accordance with Article 7, Section 13, (5&7) of the Linn County Unified Development Code. The property is located at the Covington Rd Bridge right-of way across Morgan Creek, and generally described as being in the SE SE DECISION AND ORDER CASE NUMBER FINDINGS OF FACT The Board of Adjustment makes the following Findings of Fact: 1. Linn County is the owner of record of the subject property. 2. City of Cedar Rapids Public Works Department is the applicant. 3. The subject property is in the Covington Road Bridge right-of-way across Morgan Creek 4. Excavation within the floodway requires a Conditional Use Floodplain Permit in accordance with the Linn County Unified Development Code Article, Section 13 Floodplain Overlay District requirements. 5. A pre-application meeting was held with the applicant on February 8, 2017.

2 Page 2 of 7 6. An application for a conditional use floodplain permit was received on March 3, Licensed professional engineer Loren Snell submitted a signed Engineering No-Rise Certification on April 11, The Linn County Planning and Zoning Commission recommended approval of the application at their April 17, 2017 meeting by a vote of 6 to 0 (1 absent). CONCLUSIONS OF LAW: CONFORMANCE TO THE UNIFIED DEVELOPMENT CODE ARTICLE 7, SECTION 13 FLOODPLAIN OVERLAY DISTRICT (c): All Floodway District uses allowed as a permitted or conditional use shall meet the following standards: (i): No use shall be permitted in the Floodway District that would result in any increase in the 100-year flood level. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands. (ii): All uses in the Floodway District shall: (1) Be consistent with the need to minimize flood damage. (2) Use construction methods and practices that will minimize flood damage. (3) Use construction materials and utility equipment that are resistant to flood damage. (iii): No use shall affect the capacity or conveyance of the channel or floodway or any tributary to the main stream, drainage ditch, or any other drainage facility or system.

3 Page 3 of 7 (iv): Structures, buildings and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe District and shall be constructed or aligned to present the minimum possible resistance to flood flows. (v): Buildings, if permitted, shall have a low flood damage potential and shall not be for human habitation. (vi): Storage of materials or equipment that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the Floodway District within the time available after flood warning. (vii): Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Department of Natural Resources.

4 Page 4 of 7 (viii): Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary. (ix) Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of flood flows (b)(iii)(3) Factors. In reviewing applications for conditional uses or requests for variances, the Board of Adjustment shall consider all relevant factors specified in other sections of the UDC and: (A): The danger to life and property due to increased flood heights or velocities caused by encroachments. (B): The danger that materials may be swept on to other lands or downstream to the injury of others. (C): The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

5 Page 5 of 7 (D): The susceptibility of the proposed facility and its contents to flood damage and the effect of such flood damage on the individual owner. (E): The importance of the services provided by the proposed facility to the County Board. (F): The requirements of the facility for a floodplain location. (G): The availability of alternate locations not subject to flooding for the proposed uses. (H): The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (I): The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. (J): The safety of access to the property in times of flood for ordinary and emergency vehicles.

6 Page 6 of 7 (K): The expected height, velocity, duration, rate of rise and sediment transport of the floodwater expected at the site. (L): Such other factors which are relevant to the purpose of this ordinance.

7 Page 7 of 7 ORDER WHEREFORE, it has been demonstrated that all Legal Principles have not been met, it is ordered that the appellant is denied a Conditional Use Floodplain Permit, case, for Excavation in a Floodway at Morgan Creek to install a replacement 8 sanitary sewer line to be sited in the following location: Covington Rd Bridge Right-of-Way Across Morgan Creek Voting aye: Voting nay: Not voting: Absent: Any person who desires to appeal this decision to a court of record may do so within 30 days after the filing of this decision with the Board s office. Done this 26th day of April, Veronica Cerka, Chairperson Linn County Board of Adjustment Space below reserved for Planning and Development office use only. FILING DATE: