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HomeMy WebLinkAboutExhibit A_Staff Review Criteria (2)Exhibit A Review Criteria and Staff Findings 26.435.040 C. Stream margin review standards. No development shall be permitted within the stream margin of the Roaring Fork River unless the Community Development Director makes a determination that the proposed development complies with all requirements set forth below: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development; and Staff Response: This review standard is not applicable as the proposed development is not within the Special Flood Hazard Area and there will be no effect on base flood elevations. Staff finds this criterion to be not applicable. 2. The adopted regulatory plans of the Open Space and Trails Board and the Roaring Fork River Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement;" and Staff Response: The adopted regulatory plans of the Opens Space and Trails Board and the Roaring Fork Greenway Plan do not apply to the project. At this time, an easement has not been established and an easement has not been proposed as a part of this application. A fisherman’s easement cannot be required as a condition of approval. Staff finds this criterion to be not applicable. 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Subsection 26.435.040.F.1; and Staff Response: With the establishment of a new Top of Slope, the 15 feet setback now becomes the rear yard boundary for the building envelope. The required setbacks in the R-15 Zone District establish the front and side yard setbacks. A stream margin map depicting existing development and illustrating the new Top of Slope was recently recorded. No additional plat need be recorded prior to the submission of the building permit. Staff finds this criterion to be met. 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and Staff Response: No portion of the proposed development is within the Roaring Fork River. The Applicant will submit a construction management plan and site/landscaping plans complying with the URMP (Urban Runoff Management Plan) to be approved by the City Engineer at building permit. Staff finds this criterion met. 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course and a copy of said notice is submitted to the Federal Emergency Management Agency; and Staff Response: The proposal does not involve any alterations or relocation of a watercourse; therefore written notice to the Colorado Water Conservation Board and copies to the Federal Emergency Management Agency are not required. Staff finds this criterion is not applicable. 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and Staff Response: The proposed development is located well above the Roaring Fork River and the Special Flood Hazard Area; therefore, the project will not alter nor relocate the Roaring Fork River. Staff finds this criterion is not applicable. 7. Copies are provided of all necessary federal and state permits relating to work within the 100-year flood plain; and Staff Response: No work is proposed within the 100-year flood plain and, accordingly, no such federal or state permits are necessary. Staff finds this criterion not applicable. 8. There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. New plantings (including trees, shrubs, flowers and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100-year flood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and filed at the City Engineering Department; and Staff Response: The previous determination of a new alternative Top of Slope was an essential part of this project. All new development is proposed for location outside of the setback. A preliminary landscape plan has been submitted with the application that includes native riparian vegetation. Staff finds this criterion to be met. 9. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020 as shown in Figure "A"; and Staff Response: The applicant’s architect has provided 3 different sections at 3 separate points along the top of slope that show the relationship between the building’s features and the 45 degree progressive height plane. All evidence shows that no part of the proposed one-story building projects beyond the 45 degree plane. Staff finds this criterion to be met. 10. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with Section 26.575.150. A lighting plan will be submitted with all development applications; and Staff Response: All exterior lighting will comply with Code Section 26.575.150, as applicable, and such will be demonstrated in the building permit application materials. A preliminary lighting plan was submitted with the application. Staff finds this criterion to be met. 11. There has been accurate identification of wetlands and riparian zones. Staff Response: The extent of wetland features is identified on the recorded stream margin map that depicts the newly determined top of slope. Additionally these areas, delineated by Gary Beach of Beach Environmental, LLC are depicted on Attachment 7 and 8 in the Land Use Application. The Site Improvement Survey clearly identifies necessary lines related to the river (mean high water mark, 100-year floodplain, Top of Slope). No non-native riparian vegetation will be allowed below the identified Top of Slope. Staff finds this criterion to be met.