CASE # JC EXECUTIVE SUMMARY CONDITIONAL USE PERMIT - FLOODPLAIN STAFF CONTACT: MIKE TERTINGER

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1 CASE # JC EXECUTIVE SUMMARY CONDITIONAL USE PERMIT - FLOODPLAIN STAFF CONTACT: MIKE TERTINGER OWNER/APPLICANT INFORMATION OWNER/APPLICANT: MAILING ADDRESS: PROPERTY ADDRESS: Linn County Secondary Road Dept. % Garret Reddish 1888 County Home Rd. Marion, IA Spencers Grove Road public right-of-way over Blue Creek REQUEST This applicant is requesting a Conditional Use Floodplain Permit to replace the existing Spencers Grove bridge over Blue Creek. The project involves removing the existing 28 x 43 single-span steel beam bridge, and constructing a 3-span, 40 x 80 continuous concrete slab bridge with associated approach grading. The applicant has estimated that the project will be completed in OUTSTANDING ISSUES AND STANDARDS FOR APPROVAL The applicant must obtain all relevant permits as required by state and federal entities. The applicant must submit a No-Rise certificate to ensure the excavation and new bridge construction will not cause a rise in flood heights or velocities. The proposal must meet all of the standards for approval found in Article 7, Section 13 of the Unified Development Code (UDC). STAFF RECOMMENDATION Staff recommends approval subject to the conditions of the staff report.

2 Planning & Development Linn County, Iowa phone fax Jean Oxley Public Service Center 935 Second Street Southwest Cedar Rapids, Iowa STAFF REPORT CONDITIONAL USE - FLOODPLAIN PERMIT JC Planning and Zoning Commission Meeting: SEPTEMBER 18, 2017 Board of Adjustment Meeting: SEPTEMBER 27, 2017 PROPERTY INFORMATION: MAP DESIGNATION: Spencers Grove Road public right-of-way CURRENT ZONING: n/a CURRENT USE: Spencers Grove Road Bridge at Blue Creek SURROUNDING LAND USES North Agricultural; AG South Agricultural, 1 single-family dwelling; AG East Spencers Grove Road public right-of-way West- Spencers Grove Road public right-of-way CONDITIONAL USE PERMIT AREA: 0.50 acres FINDINGS OF FACT: 1. Linn County is the owner of record of the subject property. 2. The applicant is Garret Reddish on behalf of the Linn County Secondary Road Department. 3. The subject property is the Spencers Grove Road Bridge right-of-way at Blue Creek.

3 Case # JC , Page 3 of 7 4. Excavation within an unstudied floodplain overlay district requires a Conditional Use Floodplain permit in accordance with the Linn County Unified Development Code Floodplain Overlay District requirements. 5. A pre-application meeting was held with the applicant on August 16th, An application for a conditional use floodplain permit was received on August 16th, A licensed engineer submitted a signed Engineering No-Rise Certification on September 7th, CONFORMANCE TO THE UNIFIED DEVELOPMENT CODE ARTICLE 7, SECTION 13 FLOODPLAIN OVERLAY DISTRICT (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. The nature of the proposed use (bridge replacement) will not cause increased flood heights or velocities. (B): The danger that materials may be swept on to other lands or downstream to the injury of others. The replacement bridge is expected to lessen the danger that materials may be swept on to other lands 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. No water supply or sanitation systems are proposed for the bridge replacement. (D): The susceptibility of the proposed facility and its contents to flood damage and the effect of such flood damage on the individual owner. The replacement bridge is expected to lessen the susceptibility of the facility 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. The bridge is an integral component of the Linn County road system. (F): The requirements of the facility for a floodplain location. The Spencers Grove Road Bridge at Heatons creek cannot be relocated.

4 Case # JC , Page 4 of 7 (G): The availability of alternate locations not subject to flooding for the proposed uses. The Spencers Grove Road Bridge at Heatons creek cannot be relocated. (H): The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. The proposed replacement bridge is compatible with surrounding development. (I): The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. The proposed use supports the growth and development of Linn County by recognizing the need for and promoting adequate and well-maintained rural infrastructure. The proposed use also is consistent with the floodplain management practices of Linn County. (J): The safety of access to the property in times of flood for ordinary and emergency vehicles. The replacement bridge will improve the long term safety of access to either side of Blue Creek in times of flood for ordinary and emergency vehicles. (K): The expected height, velocity, duration, rate of rise and sediment transport of the flood water expected at the site. It is not anticipated that the proposed use will affect existing conditions for any of these elements. (L): Such other factors which are relevant to the purpose of this ordinance. There are no other factors which are relevant. ALTERNATIVES: The following alternatives may be considered: 1. Recommend approval of the proposal subject to conditions. 2. Recommend denial of the proposal. 3. Refer the proposal back to the applicant for additional review / information. STAFF RECOMMENDATION: 1. Staff recommends Alternative 1, recommend approval of the Conditional Use Floodplain Permit subject to the conditions of the staff report, as the requirements in UDC Article 7, Section 13 Floodplain Overlay District have been met, as evidenced by:

5 Case # JC , Page 5 of 7 1. A licensed engineer submitted a signed Engineering No-Rise Certification. 2. No structures, grading or other activity is proposed that would cause a long-term obstruction of the conveyance of the floodplain area. Therefore, no increase in the 100-year flood level is anticipated. 3. The proposed activities minimize flood damage and are flood resistant. The general nature of the activity proposed in the floodplain is excavation. IT IS THE RESPONSIBILITY OF THE APPLICANT TO COMPLETE ALL CONDITIONS, AS OUTLINED IN THIS STAFF REPORT, PRIOR TO FINAL APPROVAL OF THE CASE. IF YOU HAVE QUESTIONS REGARDING A CONDITION, CONTACT THE DEPARTMENT UNDER WHICH THAT CONDITION IS LISTED. THE CONTACTS NAMES AND PHONE NUMBERS ARE LISTED BELOW. ITEMS IN THE COMMENTS SECTION ARE NOT A REQUIREMENT TO BE MET PRIOR TO APPROVAL. THEY ARE INTENDED TO INCREASE YOUR KNOWLEDGE AND AWARENESS OF ISSUES THAT MAY POSSIBLY EXIST ON THE PROPERTY. LINN COUNTY ENGINEERING DEPARTMENT STEVE GANNON, COUNTY ENGINEER, Steve.Gannon@linncounty.org Brad.Ketels@linncounty.org This is a County bridge replacement project with State and Federal permits. IOWA DEPARTMENT OF TRANSPORTATION JOEL KEIM, ENGINEERING OPERATIONS TECHNICIAN, Joel.Keim@dot.iowa.gov 1. Not within the jurisdiction of the Iowa Department of Transportation. LINN COUNTY PUBLIC HEALTH DEPARTMENT SUE ELLEN HOSCH, ENVIRONMENTAL SPECIALIST, SueEllen.Hosch@linncounty.org NATURAL RESOURCES CONSERVATION SERVICE JON GALLAGHER, LINN COUNTY SOIL CONSERVATIONIST JOHN BRUENE, DISTRICT CONSERVATIONIST, x3 Jon.Gallagher@ia.nacdnet.net 1. Submit erosion and sediment control plan for review and acceptance. Comments:

6 Case # JC , Page 6 of 7 1. Submit all required items above to Jon Gallagher at the NRCS office. LINN COUNTY CONSERVATION DEPARTMENT DENNIS GOEMAAT, Dennis.Goemaat@linncounty.org 1. There is a significant stream present. This stream should be protected by following the NPDES permit requirements for erosion control. LINN COUNTY EMERGENCY MANAGEMENT MIKE GOLDBERG, mike.goldberg@linncounty-ema.org LINN COUNTY 911 COORDINATOR SHARENE OTTAWAY, Sharene.Ottaway@linncounty.org LINN COUNTY PLANNING AND DEVELOPMENT - ZONING DIVISION MIKE TERTINGER, PLANNER, Mike.Tertinger@linncounty.org 1. All applicable State and Federal Permits must be obtained prior to excavation. 2. All such uses shall be reviewed by the Department of Natural Resources to determine: (i) whether the land involved is either wholly or partly within the floodway or floodway fringe; and (ii) the 100-year flood level. The applicant shall be responsible for providing the Department of Natural Resources with sufficient technical information to make the determination 3. The petitioner shall sign an Acceptance of Conditions form, which provides assurance that all conditions will be met on a continuous basis and specifically agrees to hold Linn County harmless from any and all damages or claims for damages that might arise or accrue by reason of approval of the conditional use case by the Linn County Board of Adjustment. Further, by signing the Acceptance of Conditions form, the petitioner shall agree to allow employees of the County reasonable access to the property for inspection and for submission of documents to verify employment level of off-site employees. 4. A certificate of no-rise shall be submitted and executed by the applicant s engineer.

7 Case # JC , Page 7 of 7 5. Overburden and other construction material should be stored outside the floodway wherever possible; if these materials are stored within the floodway, they should be removed in the event of heavy rainfall or possible flash flooding conditions. LINN COUNTY PLANNING AND DEVELOPMENT - BUILDING DIVISION ANDREW OIEN, BUILDING OFFICIAL, Andrew.Oien@linncounty.org