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HomeMy WebLinkAbout2.0 Staff ReportBOARD: 3/15/04 JH PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: Floodplain Special Use Permit SUMMARY OF REQUEST: The Applicant requests a Special Use Permit to development an addition to an existing dwelling unit located within the 100 -year floodplain APPLICANT: James and Kathleen Duke LOCATION: 256 Flying Fish Road, Carbondale, east of the intersection of State Hwy. 82 and County Road 100 ZONING: A/R/RD SIZE: Approx. 6 acres I. Development Proposal: The Applicant requests approval to construct an addition to an existing dwelling unit within the floodfringe of the 100 year floodplain of the Roaring Fork River. The addition is approximately 1,000 sq. ft and their existing single-family residence is currently 1,700 sq. ft. The addition is replacing an aged addition that is in need of replacement and the base floor is currently below the 100 -year Floodplain. Site Description: The property is east of Carbondale and south of old Highway 82, on Flying Fish Road and is divided by the Roaring Fork River. The Denver and Rio Grande Western Railroad ROW transverses the property, which is no longer being used. All previous and future development on the site is contained on the north bank of the river. There are two (2) other structures, tack sheds that are in use on the property. The applicant has lived on the premises for more than 20 years and has developed the current dwelling unit with appropriate permits. In 1989, the applicant received approval for a Floodplain SUP for the construction of a 2 -story addition to the existing dwelling unit which was completed. The portion the applicant is replacing is a legal non -conforming structure; as the base floor level is at least 1 foot below the floodplain. There are several trees and sporadic riparian habitat between the proposed addition and the Roaring Fork River. The majority of the property is generally flat with slightly more than al % loss in elevation over the course of the site from north to south. Duke Floodplain Special Use Permit BOCC — 3/15/04 Page 2 1I. Applicability: Pursuant to Section 6.08.01 of the Zoning Resolution, any use to be developed in the floodplain shall be required to obtain a Special Use Permit, in accordance with the applicable regulations of Section 9 [Administrative Procedures] of the Zoning Resolution concerning the submission and processing of such permits. Pursuant to Section 9.03.04 of the Zoning Resolution, an application for a SUP shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all provisions of the Zoning Resolution. II. REVIEW AGENCY AND OTHER COMMENTS: The application was referred to the following agencies for comments. No comments were received. 1. Town of Carbondale: (No comment) 2. US Corps of Engineers: (No comment) 3. Garfield County Vegetation Management: (No comment) 4. Garfield County Engineer Department: (No comment) Duke Floodplain Special Use Permit BOCC — 3/15/04 Page 3 III. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03) Pursuant to Section 6.08.01 of the Zoning Resolution, "In addition to the determinations to be made by the Building Official under the provisions of said Section 9 [Administrative Procedures], all applications for the Special Use Permit under this Regulation shall be reviewed by the Floodplain Administrator" in accordance to the following standards: (1) To assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State Law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1344. Response: An approved plat map depicting the building envelopes and the proposed impacts (including all utilities) for all homes within the property boundaries has been shown. (2) To determine whether proposed building sites will be reasonably safe from flooding, and that the structure will be in compliance with the applicable provisions for uses and standards for construction set forth in this Resolution. Response: The proposed dwelling unit addition is more than 105' feet from the existing waterway, which is separated from the main body of the Roaring Fork River by a distance of approximately 70' feet. The Applicant asserts that the proposed improvements and building site will be safe from flooding, and that all development will comply with section 6.09.02 [Performance Standards] of the Zoning Resolution outline further in this memorandum. (3) To determine if the proposed development is located in the floodway. If located in the floodway, assure that encroachment provisions of Section 6.09.01(1)(A) are met. Response: The subject property lies predominately within the 100 -year floodplain of the Roaring Fork River. The property has not been mapped by the Federal Emergency Management Agency. The applicant's Engineer has sited the location of the property as being within the floodfringe of the floodplain. The Flood Hazard Area is described as a 100 year alluvial floodplain. (4) To assure that adjacent communities, the Colorado Water Conservation Board and Federal Emergency Management Agency have been notified of the proposed watercourse alteration or relocation. Response: there is no proposed watercourse alteration or relocation (5) Duke Floodplain Special Use Permit BOCC — 3/15/04 Page 4 To assure that the carrying capacity of the altered/relocated watercourse is maintained. (A. 85-211) Response: The carrying capacity of the watercourse shall be maintained and shall not be affected by the proposed improvements as the floodplain is neither being altered or relocated. IV. ADDITIONAL COMMENTS: Section 6.09.02: Flood Fringe/Flood Prone Areas The property is predominately located within the 100 -year floodplain of the Roaring Fork River. The following performance standards shall be adhered to for development in the Flood Fringe or Flood Prone Areas: (A) The lowest floor, including basement, of any new or substantially improved building designed for residential occupancy shall not be less than one (1) foot above the maximum water elevation of the 100 Year Flood. (B) All new construction or substantial improvements shall be reasonably safe from flooding. (C) Any new construction or substantial improvement designed for commercial or industrial uses shall either: (i) Elevate the lowest floor level, including basement, to not less than one (1) foot above the maximum water surface elevation of the 100 Year Flood; or (ii) Provide flood -proofing improvements so that below an elevation of one (1) foot above the maximum water elevation of the 100 Year Flood, the structure, together with attendant utility and sanitary facilities, is water tight with walls substantially impermeable to the passage of water. Structural components shall be capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Evidence shall be submitted and certified by a registered professional engineer or architect that the flood proofing meets the standards as set forth herein. (D) Any proposed development shall be reviewed by the Floodplain Administrator to insure that the potential for flood damage by the 100 Year Flood is minimized, that all public utilities and facilities are located, designed and constructed so as to minimize damage by the 100 Year Flood and that adequate drainage is provided to reduce exposure to flood hazards. Duke Floodplain Special Use Permit BOCC — 3/15/04 Page 5 (E) All new construction or substantial improvements shall be designed and adequately anchored to prevent flotation, collapse or lateral movement, be constructed with materials and utility equipment resistant to flood damage, and be constructed by methods that minimize flood damage. (F) New or replacement water supply systems and sanitary sewage systems shall be designed so as to minimize or eliminate infiltration of floodwaters. On-site individual sewage disposal systems shall be located so as to avoid impairment of them or contamination from them during a 100 Year Flood. Staff Response: The applicant has contracted with a local engineering firm to engineer a new septic system, to be placed at a majority and marginally outside the floodplain to replace the old system which is in the floodplain. (G) Within any area subject to sheet flow (Zone "AO" on the Flood Insurance Rate Maps) all new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated above the highest adjacent grade of the nearest street to or above the depth number specified on the Flood Maps. Any new construction or substantial improvements of nonresidential structures in areas identified as subject to sheet flow shall have the lowest floor, including basement, elevated above the highest adjacent grade to or above the depth number specified on the Flood Maps, or, together with attendant utility and sanitary facilities, be completely flood - proofed to or above the elevation of the water surface as specified on the Flood Maps. (H) Require that all manufactured homes or those to be substantially improved to be placed within Zone A on a community's FEMA or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. A manufactured home should be elevated a minimum of one (1) foot above the base flood level and anchored to the elevated foundation. (A.85-211; 89-057; 91-088) Duke Floodplain Special Use Permit BOCC — 3/15/04 Page 6 Section 9.03.05: Periodic Review Any Special Use Permits may be made subject to a periodic review not less than every six (6) months if required by the County Commissioners. The purpose of such review shall be to determine compliance or noncompliance with any performance requirements associated with the granting of the Special Use Permit. The County Commissioners shall indicate that such a review is required and shall establish the time periods at the time of issuance of a Special Use Permit. Such review shall be conducted in such manner and by such persons as the County Commissioners deem appropriate to make the review effective and meaningful. Upon the completion of each review, the Commissioners may determine that the permit operations are in compliance and continue the permit, or determine the operations are not in compliance and either suspend the permit or require the permittee to bring the operation into compliance by a certain specified date. Such periodic review shall be limited to those performance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. Response: At the discretion of the Board, this SUP may be subject to periodic review no less than every six months. Shall the Board feel that periodic review is required; the Board shall indicate that such a review is required and shall establish the time periods at the time of issuance of this SUP. V. STAFF FINDINGS: 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of Special Use (Sections 6.08.01 and 9:03) the Garfield County Zoning Resolution of 1978. Duke Floodplain Special Use Permit BOCC — 3/15/04 Page 7 VI. RECOMMENDATION: Staff recommends the Board of County Commissioners APPROVE the Duke Floodplain Special Use Permit for development within the 100 year floodplain of the Roaring Fork River, subject to the following conditions: 1. All representations of the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval, unless specifically altered by the Board. 2. The Applicant shall adhere to the performance standards in Section 6.09.02 of the Zoning Resolution for development in the Flood Fringe and Flood Prone Areas applicable at the time of approval of this Special Use Permit. 3. The applicant must demonstrate to the Garfield County Building and Planning Department, Senior Building Official, that when the proposed septic system is built, that it shall be: 1. an engineered system if groundwater is encountered within the first 4 feet of the top surface of ground; and 2. the proposed replacement septic system shall be in place before the fmal Certificate of Occupancy is issued for the proposed dwelling unit addition.