HomeMy WebLinkAbout2.0 BOCC Staff Report 04.18.2005Exhibits for Public Hearing held on April 18, 2005
Exhibit Letter
(A to Z)
Exhibit
A
Mail Receipts
B
Proof of Fablication
C
Garfield County
Zoning Regulations of 1978, as amended
D
Application
materials
E
Staff Memorandum
F
Letter from
US Army Corps of Engineers dated 4/11/05
G
Letter from
Resource Engineering dated 4/12/05
H
New Site
Grading Plan provided by Applicant.
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Ft"
BOCC 04/18/05
FJ
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST Flood Plain Special Use Permit
OWNER (APPLICANT) Revana Family Partners, L. P.
PROPERTY LOCATION Lot 6, Filing 5, Aspen Glen Subdivision /
PUD
SITE DATA 23,610 square feet
WATER Central E
SEWER Central
EXISTING ZONING PUD
I. DESCRIPTION OF THE PROPOSAL
The Applicant requests approval from the Board for a Flood Plain Special Use Permit because
portions of the subject property are located in the mapped flood plain of the Roaring Fork River
delineated by the Federal Emergency Management Agency (FEMA) maps. The Applicant
specifically requests approval to construct a single-family dwelling in the flood fringe portion of
the 100 year flood plain.
The Board approved the subject lot (known as Lot 6 in Filing 5) in Aspen Glen with a building
envelope located entirely within the flood fringe and not within any portion of the flood -way of the
100 -year flood plain. However, the required land use approvals to develop on that lot were passed
on to the future lot owner and not approved as part of the original Aspen Glen development. As a
result, the present owner is required to obtain a Flood Plain Special Use Permit from Garfield
County to develop a single-family dwelling in the building envelope on the lot.
II. AUTHORITY OF THE BOARD OF COUNTY COMMISSIONERS
Section 9.03.04 provides the Board of County Commissioners the discretionary power to approve
or deny an application for a Special Use Permit.
III. REFFERAL
The application was referred to the following entities for comment:
a. Town of Carbondale: No comments received.
b. US Army Corps of Engineers: The Corps requires a permit if discharge of dredged or fill
material occurs into the Roaring Fork. (See Exhibit F)
c. Resource Engineering: Stated that based on Resource Engineering' s review of the most
recent house design and grading plan by Jordan Architecture, Inc. received April 11, 2005,
meets the applicable criteria of the Floodplain Regulations in Section 6.09.01 and 6.09.02
of the Garfield County Zoning Resolution. (See Exhibit G)
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IV. STAFF COMMENTS FOR FLOOD PLAIN SUP REQUEST
The following section provides an analysis of the project regarding the required standards for
development in the flood fringe as provided in Sections 6.08.01 and 6.09.02 of the Zoning
Resolution of 1978, as amended. (Standards are listed in bold.)
[As a side note, the flood plain is actually comprised of two portions: 1) the flood way (that portion
closest to the river course that carries the water in a 100 -year event) and 2) the flood fringe (that
portion outside the flood way in which the depth and velocity of water in a 100 -year event does not
impose a serious threat to life and property and can be developed with proper mitigation).]
6.08.01(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.
6.08.01(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.
6.08.01(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.
6.08.01(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.
6.08.01(5) To assure that the carrying capacity of the altered/relocated watercourse is
maintained.
Staff Finding
Resource Engineering commented that there does not appear to be any federal or state permits
required for this project such as Section 404, construction stormwater discharge, or construction
dewatering discharge permit. This comment does not, relieve the owner or contractor from their
responsibility to obtain any such permits if they are in fact required for this project. The proposed
building site will be reasonabl safe from flooding throu,h com.liance wi
6.09 1(1)(A), 6.09.02( )(A), and the County Building Code. There will be no encroachment of the
floodwa . A r riate agencies will be notified if applicable. The carrying capacity of the
oodw y is maintained. These standards met.
Section 6.09.02
(1) Prohibited Uses and Activities. The following uses and activities are prohibited in the
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Flood Fringe/Flood Prone Areas:
(A) The development, use, fill, construction, substantial improvement or alteration on
or above any portion of the Flood Fringe or Flood Prone Areas which alone, or
cumulatively with other activities, would cause or result in the danger of
substantial solid debris being carried downstream by floodwaters.
(B) The storage or processing of materials that in times of flooding are buoyant,
flammable, explosive or otherwise potentially injurious to human, animal or plant
life.
(C) The disposal of garbage or other solid waste materials.
(D) Any obstruction, which would adversely affect the efficiency of or restrict the flow
capacity of a designated floodplain so as to cause foreseeable damage to others.
Staff Finding
While none of these use are proposed, Staff suggests they be included as conditions of approval
should the Board approve the Special Use Permit.
(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 Finding
The underlying zoning of the property is Planned Unit Development (PUD) which allows a single-
family residence as a use -by -right and is therefore allowed as a permitted use in the regulated flood
fringe.
(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.
Staff Finding
The Site Grading Plan submitted with the application points out the location and boundaries of the
flood way as well as the flood fringe. It represents that the building envelope is located entirely
within the flood fringe. Further, the plan illustrates that the water elevation of the 100 -year flood is
at 6,003 as located within the building envelope. As a result, the residence has been designed so
that the proposed first finished floor is shown to be at an elevation of 6,004 which is 1 -foot above
the maximum water elevation of the 100 -year flood.
However, the proposed garage floor is only 6 -inches above the 100 -year flood elevatiot�t'(at 6,003.5
feet). Staff finds thatecause the garage is part of the residential structure (which includes
basements) the garage floor must also comply with the requirement that the elevation shall be not
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less than 1 -foot above the 100 -year flood elevation. Therefore, this standard has not been met.
(B) All new construction or substantial improvements shall be reasonably safe from
flooding.
Staff Finding
Staff shall require that when substantial c . struction is complete, the owner of the property shall
submit at floodplain elevation certificate o Garfield County to verify construction above the
floodplain elevation prior to final inspection approval and the issuance of a Certificate of
Occupancy.
(C) Any new construction or substantial improvement designed for commercial or
industrial uses shall either:
1) 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
2) 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 meet the standards as set forth herein.
Staff Finding
The new construction is for residential development.
(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.
Staff Finding
The potential for flood damage by the 100 -year flood has been minimized by elevating the finished
floor elevation of all structures to one foot above the 100 -year floodplain and all development on
the lot shall only be located within the delineated building envelope as shown on the plat. The
Applicant further represents that impacts to the Roaring Fork River from the development of this
property will be minimized by the use of temporary (silt) fencing to mitigate water quality from
any runoff from the site during the development. Necessary measures shall be taken during
construction to mitigate erosion and sediment -laden • . • . r ' 1 wit on- oin _ maintenance
of the silt fencing during t e construction of the dwelling and until adequate ground cover has
taken to anchor and disturbed soil.
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(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.
Staff Finding
The application states that the foundation shall be designed by a professional engineer, licensed to
practice in the state of Colorado, to ensure the structure is properly anchored to prevent floatation.
Should the Board approve this SUP, Staff suggests this be required as a condition of approval.
(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 Finding
The application states that the sewer line will be piped directly to the sewer main line to ensure
there is no infiltration of floodwaters. This standard is met.
(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.
Staff Finding
There are no areas defined as "AO" on the property.
(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.
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Staff Finding
No manufactured homes are planned on the property (or allowed via protective covenants of
Aspen Glen). However, should that change, Staff recommends this performance standard be
included as an on-going condition of approval in the event a manufactured home replaces the
proposed stick -built dwelling as a performance measure.
V. STAFF RECOMMENDED 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 Flood Plain 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 Section 6.00 and 9.00 of the Zoning
Resolution of 1978, as amended.
VI. STAFF RECOMMENDATION
Staff recommends the Board of County Commissioners APPROVE this application for a Flood
Plain Special Use Permit with the following conditions:
1. That 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.
2. When substantial construction is complete, the Applicant or future owner of the property shall
submit a floodplain elevation certificate to Garfield County Building and Planning Department
to verify construction of the first finished floor is at least 1 -foot above the 100 -year floodplain
(6,004 -feet) prior to final inspection approval and the issuance of a Certificate of Occupancy.
3. 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.
4. Proper erosion and sediment control measures shall be taken during any site construction
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disturbance which shall include enclosing the construction envelopes with silt fencing and hay
bale check dams.
5. The following uses and activities are prohibited in the Flood Fringe/Flood Prone Areas:
a. The development, use, fill, construction, substantial improvement or alteration on or
above any portion of the Flood Fringe or Flood Prone Areas which alone, or
cumulatively with other activities, would cause or result in the danger of substantial
solid debris being carried downstream by floodwaters;
b. The storage or processing of materials that in times of flooding are buoyant,
flammable, explosive or otherwise potentially injurious to human, animal or plant life;
c. The disposal of garbage or other solid waste materials; and
d. Any obstruction, which would adversely affect the efficiency of or restrict the flow
capacity of a designated floodplain so as to cause foreseeable damage to others.
6. The proposed project includes several rock retaining walls to confine the fill material within
the property line and outside of the floodway. The retaining walls are 4 to 6 feet high and may
be subject to surcharge loading from the house structure. The Applicant shall provide
documentation to the Building Department at the time a building permit application has been
submitted for the proposed residence that indicates that a geotechnical engineer has been
consulted regarding proper design of the retaining walls which surround the south and east side
of the building envelope.
7. The elevation of the garage floor shall be designed such that its finished floor is 1 -foot above
the 100 -year flood elevation of 6,004.
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04/11/2005 15:37 9702412358
REPLY TO
ATTENTION OF
USACE
DEPARTMENT OFTHE ARMY
U.S. ARMY ENGINEER DISTRICT, SACRAMENTO
CORPS OF ENGINEERS
1325 J STREET
SACRAMENTO, CALIFORNIA 95B14-2922
April 11, 2005
Regulatory Branch (200575190)
Mr. Fred Jarman
Garfield County Building and Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
EXHIBIT
D r
Dear Mr.. Jarman:
I am responding to your written request for comment on the
Lot 6, Filing 5, Aspen Glen Club Villas, Revana Family
Partnership application for flood plain fringe adjustment. The
project is located at the Roaring Fork River within Section 19,
Township 7 South, Range 82 West, Latitude 39" 26' 18.6",
Longitude 107° 15' 31.7", Garfield County, Colorado.
In accordance with Section 404 of the Clean Water Act, a
Department of the Army permit is required prior to commencing any
discharge (including mechanized land clearing) of dredged or fill
material in waters of the United States. Waters of the United
States include the terr.'itorial seas; perennial, intermittent, and
ephemeral streams; lakes, ponds, impoundments; and wetlands. For
your convenience, I am enclosing a list of consultants that
perform wetland and other jurisdictional delineations and may
also assist with obtaininc7 a permit from the Corps of Engineers.
For more information about the permit program, please visit our
website referenced below.
Please refer to identification number 200575190 in
correspondence concerning this project. If you have any
questions, please contact me at the address below, email
Mark.A.Gilfillan@usace.army.mil, or. telephone 970-243-1199,
extension 15. You may also use our website: www.spk.usace.
army.,mil/regulatory.h.tml.
Sincerely,
rad
Mark Gilfi.'._an
Regulatory Project Manager
Colorado/Gunnison Pasin
Regulatory Office
400 Rood Avenue, Room 142
Grand Junction, Colorado 81501-2563
. . . . .•'•'RESOURCE
•••••
■■■.■ E N G I N E E R I N G INC.
Fred Jarman
Garfield County Building & Planning Dept
108 8th Street, Suite 201
Glenwood Springs CO 81601
RE: Floodplain Special Use Permit, Revana Family Partners
Lot 6, Filing 5, Aspen Glen PUD
Dear Fred:
EXHIBIT
G9 _
April 12, 2005
At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) has reviewed the
Special Use Permit submittal for Lot 6, Filing 5, Aspen Glen PUD submitted by Revana Family
Partners. The submittal includes an updated spiral bound package received March 21, 2005, and
a revised site grading received April 11, 2005. We reviewed the floodplain special use aspect of
the submittal.
Based on our review, the most recent house design and grading plan by Jordan Architecture, Inc.
received April 11, 2005, (copy attached for reference) meets the applicable criteria of the
Floodplain Regulations in Section 6.09.01 and 6.09.02 of the Garfield County Zoning Resolution.
In addition, we offer the following technical comments for the Floodplain Administrator's review in
Section 6.08.01.
6.08.01(1) — There does not appear to be any federal or state permits required for this project
such as Section 404, construction stormwater discharge, or construction dewatering discharge
permit. This comment does not relieve the owner or contractor from their responsibility to obtain
any such permits if they are in fact required for this project.
6.08.01(2) — The proposed building site will be reasonably safe from flooding through compliance
with sections 6.09.01(1)(A), 6.09.02(3)(A), and the County Building Code.
6.08.01(3) — There will be no encroachment of the floodway.
6.08.01(4) — Appropriate agencies will be notified if applicable.
6.08.01(5) — The carrying capacity of the floodway is maintained.
The proposed project includes several rock retaining walls to confine the fill material within the
property line and outside of the floodway. The retaining walls are 4 to 6 feet high and may be
subject to surcharge loading from the house structure. It is recommended that a geotechnical
engineer be consulted regarding proper design of the retaining walls.
Please call if you have any questions or need additional information.
Sincerely,
RESOURCE ENGJ &EFRING, INC.
Michael J. ion, P.E.
Water R source Engineer
MJE/mmm
885-31.0
E:\Client\885\fj revana special use permit 885.doc
RECEIVED
APR 1 1 2005
GARFIELD COUNTY
BLDING & PLANNING
Consulting Engineers and Hydrologists
909 Colorado Avenue • Glenwood Springs, CO 81 601 ■ (970) 945-6777 ■ Fax (970) 945-1137
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Aspen Glen Homeowner's Association
Design Review Committee
April 16, 2005
Mr. Fred Jarman
Garfield County
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re: Aspen Glen Lot -06 — Revana Special Use Permit & Variance
Dear Fred,
Thank you for including the Aspen Glen Design Review Committee (DRC) in the referral
process of these applications. The DRC, at the April 14, 2005 meeting, reviewed the
applications for special use permit for the construction of a single family residence within
the flood plain fringe and adjustment to existing grade in reference to the height limit. In
addition, the DRC approved preliminary review of the home on January 24, 2005.
Based upon the approved building envelop which was adopted when the Aspen Glen
PUD was approved and recorded, the DRC comprehends the necessity of raising the base
flood elevation of the building envelope. Once the grade of the land has been raised the
DRC understands the applicant's need to request a variance to the method by which
height is measured in Garfield County.
The DRC recommends approval of the special use permit and the variance. However
during review, the DRC raised one significant design issue and this issue has been
discussed with the applicant.
The proposed footprint of the home and its relationship to the building envelop leaves
very little room to accommodate any grade transition from the existing natural grade to
the new grades. Based upon the site plan submitted to DRC by the architect, a barrier
wall is proposed on the south and east sides of the building envelop. The DRC is
concerned that the grade transition is severe and the raised elevation with a two story
home constructed on top will create a small island exacerbated by the wall.
Having considered the minimum setbacks for this zone district the DRC believes that an
expansion of the building envelop to the minimum side yard and front yard setbacks will
enable the home to be shifted away from the barrier wall and/or the south and east edges
PO Box 400 Carbondale, CO 81623 Tel: (970) 963-3362
Email:llamont@sopris.net
of the envelop thus creating more room to provide the applicant with the greatest possible
design flexibility to sculpt a more gentle or natural grade transition and/or undulate the
wall.
As part of the DRC final review for this development we will require that the grading and
drainage plan and design of the barrier wall be reviewed by a licensed engineer to ensure
that potential flooding of this site and the impact of new fill material does not pose a
problem above or downstream of this home site. In addition, the DRC intends to work
with the applicant to encourage a design of the home that attempts to "step-down" on the
ends to soften the island effect.
In summary, the DRC recommends approval of the special use permit and height
variance with the condition that the building envelop is adjusted consistent with the
minimum setbacks for front and side yard for this zone district.
Please do not hesitate to call me with any questions.
Sincerely,
Leslie Lamont, Administrator
Aspen Glen Design Review Committee
Cc: Brad Jordan, Architect
Mike Easley, Owner
PO Box 400 Carbondale, CO 81623 Tel: (970) 963-3362
Email:llamont@sopris.net
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