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HomeMy WebLinkAboutExhibit A.1_Stream Margin Review Standards Exhibit A.1 Stream Margin Review Standards Staff Findings Page 1 of 3 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. Staff findings: No development is proposed as part of this application. The applicant has provided an engineering study identifying riparian areas and flood zones. This information has been used to inform the proposed location of the alternative Top of Slope for the purpose of due diligence. If development is proposed in the future, an official wetland delineation will be required to confirm the information that has been submitted as part of this application is correct. No development will be allowed within any Special Flood Hazard Areas. Staff finds this criterion 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." Staff findings: No development is proposed as part of this application. For any future development proposed within the Stream Margin Review area, the appropriate regulatory plans shall be reviewed by staff to ensure the development does not negatively impact the surrounding environment. Staff finds this criterion 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 [Land Use Code Section26.435.040.f.1. Staff findings: The proposed Top of Slope is included within the memo and the application. No development will be allowed below (riverside) of the established Top of Slope. The approved Top of Slope will be recorded in a plat. If future development is proposed within the Stream Margin Review area, a subsequent land use application shall be required to for Stream Margin Review. An official wetland delineation will be required to confirm the locations of all Flood Zones on the property. A subsequent Top of Slope determination may be required based on the findings from the wetland delineation. Staff finds this criterion to be met. Exhibit A.1 Stream Margin Review Standards Staff Findings Page 2 of 3 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. Staff findings: No development is proposed as part of this application. Any future development proposed within the Stream Margin Review area shall be subject to a subsequent Stream Margin Review. A development application will be required to include details related to grading, drainage, and construction techniques. Certain conditions may be imposed on the development at that time. Staff finds this criterion not applicable. 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. Staff findings: Alteration to the water course is not proposed within this application. Staff finds this criterion 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. Staff findings: Alteration to the water course is not proposed as part of this application. Staff finds this criterion not applicable. 7. Copies are provided of all necessary federal and state permits relating to work within the 100-year flood plain. Staff findings: No development is proposed as part of this application. Any future development proposed within the 100-year floodplain shall obtain all applicable Federal and State permits. 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. Staff findings: The applicant agrees that only native vegetation may be planted below or within 15-ft. of the Top-of-Slope and that City approval is required for plantings along the river side of the development. As no development is proposed at this time, the applicant does Exhibit A.1 Stream Margin Review Standards Staff Findings Page 3 of 3 not have a landscape plan. The property shall remain subject to Stream Margin Review for any development proposed in the future. Staff finds this criterion 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 [Land Use Code Section 26.575.020 as shown in Figure "A"]. Staff findings: No development is proposed as part of this application. Any future development within the Stream Margin Review area shall be subject to the Stream Margin Review standards and shall comply with the progressive height limit. Staff finds this criterion not applicable. 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 [Land Use Code Section 26.575.150]. A lighting plan will be submitted with all development applications. Staff findings: No development is proposed as part of this application. Any future development within the Stream Margin Review area shall be subject to the Stream Margin Review standards and shall comply with applicable lighting standards. Staff finds this criterion not applicable. 11. There has been accurate identification of wetlands and riparian zones. Staff findings: The report from SGM Engineering comments on the presence of wetland species and the riparian zone along the edge of the river and helped to inform the location of the proposed alternative Top-of-Slope. The information included in this application is subject to subsequent reviews when development is proposed for this property. Any future development proposed within the Stream Margin Review Area is subject to Stream Margin Review standards. A wetland delineation report will be required to confirm the most up to date location of all wetlands on the property. Staff finds this criterion to be met.