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HomeMy WebLinkAboutExhibit A.2_Special Review Standards_Top of Slope Exhibit A.2 Special Review Standards Staff Findings Page 1 of 1 26.435.040.E, Special 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: An application requesting a variance from the stream margin review standards or an appeal of the Stream Margin Map's Top of Slope determination, shall be processed as a Special Review in accordance with common development review procedure set forth in Chapter 26.304. The Special Review shall be considered at a public hearing for which notice has been published, posted and mailed, pursuant to Subsection 26.304.060.e.3. Review is by the Planning and Zoning Commission. A Special Review from the stream margin review determination may be approved, approved with conditions or denied based on conformance with the following review criteria: 1. An authorized survey from a Colorado professionally licensed surveyor shows a different determination in regard to the Top of Slope and 100-year flood plain than the Stream Margin Map located in the Community Development Department and filed in the City Engineering Department. Staff findings: A survey has been submitted from a Colorado professionally licensed surveyor depicting the proposed location of the alternative Top of Slope. A report was also submitted by SGM Engineering which speaks to the locations of floodplain Zone X and AE, as well as the existing slope and topography of the parcel. A site visit with the Engineering Department and the applicant confirmed the location of existing riparian zones. The culmination of these documents and the site visit helped to inform the proposed location of the alternative Top-of-Slope. An official wetland delineation will be required to confirm the locations of all floodplains. Any development proposed in the future that is located within the Stream Margin Review area is subject to all Stream Margin Review standards. A subsequent alternative Top-of-Slope may be required pending any new findings that were not clear as part of this review. Staff finds this criterion to be met. 2. The proposed development meets the Stream Margin review standard(s) upon which the Community Development Director had based the finding of denial. Staff findings: This land use application complies with the applicable Stream Margin Review standards. Any new development proposed within the Stream Margin Review area will be subject to another Stream Margin Review process. An analysis that brings forth new findings not discussed within this review may require a subsequent Top-of- Slope to be established. Staff finds this criterion to be met.