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HomeMy WebLinkAbout2.0 BOCC Staff Report 03.13.2006RW-3-13-06-BOCC PROJECT INFORMATION AND STAFF COMMENTS REQUEST Floodplain and Floodway Special Use Permit to A Home and Barn in the Floodplain and relocated utilities in the Floodway APPLICANT / OWNER Larry and Robin Bones LOCATION Lot 21 of Teller Springs Subdivision PROPERTY SIZE 10 acres WATER SEWER ACCESS Community Water System — Teller Springs HOA ISDS or Roaring Fork Water and Sanitation District Lariat Lane EXISTING ZONING ARRD I. GENERAL PROJECT INFORMATION This request is for a special use permit to allow a building envelope and utilities in the Floodplain. The proposed building envelope is in the Flood fringe. The proposed relocation of the utilities is in the Floodway. At this time there are no structures on the site. The land is currently under contract. The prospective buyer does not know the exact location of the proposed structures. In the absence of exact structure locations, it was agreed that a proposed envelope would be appropriate in this case. Currently the proposal is for a home and a barn in the envelope. If in the future an ADU is proposed, it will have to be in the envelope or out of the Floodplain and approved as a separate special use permit. There is currently a utility easement on the property that will encroach on the building envelope. There are provisions that allow the owner of the property to relocate the easement. The proposed relocation will put a portion of the utilities in the Floodway. 11. REFERRAL COMMENTS Staff referred the application to the following referral agencies and / or County Departments for their review and comment. Comments received have been incorporated into the Staff Report and have also been attached. EXHIBIT a A. Resource Engineering: Reviewed the project and concluded that the proposed activities are allowed uses in the Floodplain provided the lowest finished floor for each structure is at least one foot above the 100 year base flood elevation and the construction complies with all other County Regulations. The elevations are consistent with the Floodplain Ma amended by a FEMA letter of Map Revision (LOMR) dated June 8, 1994 Additional conditions of approval were suggested, staff will include these in the recommendation to the Board of County Commissioners. III. APPLICABLE ZONING REGULATIONS A. The property is located in the ARRD zone district. More importantly, the proposed house and barn are allowed uses in the unerlying zone. All utlitites to adequately serve the proposed uses are also allowed in the ARRD zone. If at a later date the owner proposes an Accessory Dwellin Unit, a separate special use permit will be required. 9 B. The following is an analysis of the proposed development with the regard to the regulations promulgated in §6.00 of the Zoning Resolution for the administation of uses in in the Floodplain and Floodway. §6.02.04 Flood fringe: That area of the floodplain shown on the flood maps which lies outside of the floodway, in which the depth and velocity of the waters of the 100 Year Flood do not present as serious a threat to life and property as do the depth and velocity of the 100 Year Floodwaters in the floodway It is that area of the 100 Year Floodplain in which the use of fill and flood -proofing techniques may be allowed for development, without raising the water surface elevation of the 100 Year Flood by more than one (1) foot. (A. 85-211) §6.02.11 Flo_ o_way.' The channel of a stream and those portions of the adjoining floodplain that must be kept free of encroachment in order that the 100 Year Floodwaters be carried without substantial increases in flood heights. In the context of this Regulation, it is the designated area of the 100 Year Floodplain as shown on the Flood Maps which is reserved to carry the discharge of the 100 Year Flood, including a maximum increase of one (1) foot in water surface elevation of the 100 Year Flood due to development within the flood fringe area. (A. 85-211) §6.09 SPECIAL USES AND STANDARDS FOR CONSTRUCTION §6.09.01 Floodwav (1) Prohibited Uses and Activities. The following uses and activities are prohibited in the Floodway: (A) Encroachments, including fill, new construction, substantial improvements and other development unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. If the technical evaluation satisfies the requirement, all new construction and substantial improvements shall be required to meet the performance standards set forth in Section 6.09.02(3). (2) Permissible Uses. The following Special Uses are permitted in the Floodway if present underlying zoning allows such uses: (A) Agriculture, such as farming, grazing and forestry. (B) Loading and parking areas for industrial and commercial uses not requiring paving or grading. (C) Recreation and open space uses such as parks, golf courses, picnic grounds, green belts, wildlife preserves and trails systems, provided that no permanent structures are constructed. (0) Any fence, pipeline or structure for which the primary use is the diversion or storage of water or the control of flooding or any similar use. (A. 85-211) STAFF COMMENTS: A portion of the utilities are proposed to be relocated into the Floodway. Staff is interpreting utilities in the floodway to be similar to a pipeline. Additionally, the applicant has stated that the utility trench will not result in an increase in flood levels during the occurrence of the base flood discharge. All utilities shall be constructed to meet all applicable performance standards as set for in §6.09.02(3). §6.09.02 Flood frinqe/Flood Prone Areas (2) Permissible Uses. All Special Uses permitted in the Floodway, and all lawful uses permitted by the underlying zoning, subject to Section 6.09.02(1) of this Regulation and the regulations concerning the Special Use Permit, are permitted in the Flood fringe and Flood Prone Areas. STAFF COMMENTS: As proposed, a residence and barn are permitted uses in the ARRD and therefore are permitted in the Flood fringe. Any further conditional or special uses shall be reviewed under separate permit by Garfield County with respect to all zoning regulations. (3) Performance Standards. The following performance standards must be met 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. (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. (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 4 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) STAFF COMMENTS: The Applicant shall be aware of all performance standards and meet all applicable requirements. IV. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing 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 Floodplain Special Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with §6.00 of the Garfield County Zoning Resolution of 1978, as amended. V. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners approve the Special Use Permit for a building envelope and utilities in the Floodplain with the following conditions. 1. All representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless otherwise modified by the Board. 5 2. The degree of flood protection required and intended to be provided by this permit is considered reasonable for the protection of life and property and is based upon engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by manmade or natural causes. This permit does not imply that areas outside the designated floodplains or land use permitted within such floodplains will be free from flooding or flood damages. This permit shall not create liability on the part of the County or any officer or employee thereof for any flood damages that result from reliance on this Regulation or any administrative decision lawfully made thereunder. 3. Sheet No. 1 titled, "Lot 21 Teller Springs Ranch Site Map" dated November 11, 2005 and prepared by Gamba & Associates, Inc. is incorporated into the Floodplain Special Use Permit for reference to the acceptable "building envelope" within the flood fringe and the allowable minimum finished floor elevations consistent with the FEMA mapping including the June 8, 1994 LOMR. 4. The Owner/Applicant shall demonstrate to Garfield County Building and Planning Department as part of the building permit process that the lowest finished floor elevation shall be constructed at one foot above the floodplain elevation. No building permit shall be issued until this condition is met. 5. Prior to the issuance of a Certificate of Occupancy (CO) for each structure subject to the Garfield County Floodplain Regulations, the Applicant shall provide the Garfield County Building and Planning Department with an official survey indicating that the lowest finished floor elevation for all structures is constructed at one foot above the floodplain elevation. This survey shall be completed by a licensed surveyor who shall sign and stamp the survey submitted to this Department. It is noted that the survey must be on the same datum as the floodplain study. 6. Any work or placement of materials relative to the relocation of the utilities shall not be done during the high water time of the year 7. The finished utility trench shall result in an increase of (0.00") in flood levels during the occurrence of the base flood discharge. 8. If applicable, all grading permits shall be issued prior to any disturbance of soil. 6 iiiiiRESOURCE IENGINEERINGMOINE N G I N C. Mr. Richard Wheeler REQE'��%�uary 28, 2006 Garfield County Building and Planning Department 108 Eighth Street, Suite 401 MAR 0 2 2006 Glenwood Springs CO 81601 GARFr` LU COUNTY BUILDING & PLANNING RE: Bones Floodplain Special Use Permit Application Dear Richard: At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) has reviewed the Floodplain Special Use Permit Application submitted by Larry and Robin Bones for development within the Roaring Fork River floodplain on Lot 21 of the Teller Springs Subdivision south of Glenwood Springs. The submittal was prepared by Gamba & Associates, Inc. dated December 13, 2005. PROJECT The proposed development would include a main residence, an accessory dwelling unit, a barn and related driveways, utilities and wastewater disposal system. The project would also include relocating the underground utilities that serve the adjacent lot to the north. ANALYSIS The application presents a proposed building envelope which is located outside of the floodway and within the Flood Fringe District. The proposed activities would be allowed uses within the flood fringe as described in Section 6.09 02. provided that the min mum elevation of the lowest finished floor for each structure is at least one foot above the 100 year base flood elevation and the construction complies with all other provisions of Section 6.09.02 of the Garfield County Floodplain Regulation. The application site map provides the minimum finished floor elevation contours at 50 foot intervals for the proposed building envelope. The elevations are consistent with the floodplain map as amended by a FEMA letter of Map Revision (LOMR) dated June 8, 1994 and the site map should be incorporated into any approval. RECOMMENDATION The proposed activities would qualify for approval of a Floodplain Special Use Permit. We recommend that if a permit is approved for Lot 21, Teller Springs Subdivision, the conditions of such approval should include the following: 1. Sheet No. 1 titled, "Lot 21 Teller Springs Ranch Site Map" dated November 11, 2005 and prepared by Gamba & Associates, Inc. is incorporated into the Floodplain Special Use Permit for reference to the acceptable "building envelope" within the flood fringe and the allowable minimum finished floor elevations consistent with the FEMA mapping including the June 8, 1994 LOMR. Consulting Engineers and Hydrologists 909 Colorado Avenue NI Glenwood Springs, CO 81 601 18 (970) 945-6777 Et EXHIBIT I E Mr. Richard Wheeler February 28, 2006 Page `2 2. The Owner/Developer shall demonstrate to Garfield County Building and Planning Department as part of the building permit process that the lowest finished floor elevation shall be constructed at one foot above the floodplain elevation. No building permit shall be issued until this condition is met. 3. Prior to the issuance of a Certificate of Occupancy (CO) for each structure subject to the Garfield County Floodplain Regulations, the Applicant shall provide the Garfield County Building and Planning Department with an official survey indicating that the lowest finished floor elevation for all structures is constructed at one foot above the floodplain elevation. This survey shall be completed by a licensed surveyor who shall sign and stamp the survey submitted to this Department. It is noted that the survey must be on the same datum as the floodplain study. Please call if you have any questions or need additional information Sincerely, RESOURCE E - GINEERING, INC. Michael J. Tion, P.E. Water R=.ource Engineer MJE/mmm 885-47.0 E:IClient1885\47.0\rwheeler bones floodplain 885.doc RESOURCE ENGINEEPING N C