HomeMy WebLinkAbout2.0 Staff Report and AttachmentsGuffield Coulnty
Community Development Department
MINOR MODIFICATION RUDD FLOODPLAIN SPECIAL USE PERMIT
REQUEST Minor Modification for the Purposes of Clarification to a Floodplain
Development Permit approved pursuant to Resolution No. 99-14 for
Wayne Rudd (File No. SUAA-O4-19-8725)
APPLICANT: Rudd LLC and CCC-B LLLP
REPRESENTATIVE: Eric Rudd & Lee Leavenworth
ENGINEER: Tim Beck (Zancanella & Associates)
LOCATION Cattle Creek Commercial Center, 62 County Road 113, Carbondale,
co 81623, also known by Assessor's Parcel No. 2393-181-00-358
and 2393-181-00-359, also known as Amended Parcel B, Midland
Exemption (14.155 acre) and Amended Parcel c, Midland
Exemption (48.95 acres). lt property is located approximately 5 miles
north of the Town of Carbondale.
ZONING Commercial Limited
I. BACKGROUND
1. The Applicant is requesting a minor modification pursuant to Section 4-106 of the
Land Use and Development Code for the purpose of clarification that the Floodplain
Special Use permit issued for dredge and fill within the floodplain of Cattle Creek was
approved to include the issuance of building permits for construction of structures on the
area of fill. This clarification is consistent with the past issuance of building permits on
the property and plans for future building permits.
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) e4s-8212
2. Resolution No. 99-14 (see attached) includes conditions of approval that were
excerpts from the County's Floodplain Regulations in effect at that time. The conditions
address compliance with code requirements for new construction of commercial or
industrial uses including elevation requirements, flood proofing requirements, protection
of utilities, anchoring, and protection of water supply and sanitary sewage systems.
3. The Applicant has also previously provided documentation of compliance with
Condition #2 of Resolution No. 99-14 confirming that the carrying capacity of Cattle Creek
was being maintained.
4. Fill was placed on the site and Garfield County issued building permits for
structures in areas where fill was placed and within the 100 year floodplain, shown as
Buildings E, F, and H on the Applicant's updated site plan. The fill placement was
designed to elevate the structures and surrounding areas to above the floodplain
elevation and comply with Resolution No. 99-1 4 and the County Floodplain Regulations.
While no past elevation certificates are noted in the County's records for this construction,
the current Application and supplements include documentation indicating that the
structures lowest finished floors are more than 1 ft. above the 100 year flood elevation in
compliance with Condition #3(C) of Resolution No' 99-14'
S. The Applicant has plans for the construction of 6 additional buildings all within the
area of the fill placement and located in areas shown as within the 100 yearfloodplain.
The Applicant has provided documentation confirming compliance with Resolution No.
gg-14 and current County and FEMA regulations and standards for the proposed
buildings.
6. Three other buildings, one existing and two proposed on the site are not located
within the 100 year Floodplain and are not subject to Floodplain Development Permitting'
II. STAFF ANALYSIS
T. ln support of their request the Applicant has provided the following information as
part of Letter/Reports stamped by their licensed professional engineer, Tim Beck with
Zancanella and Associates :
. Updated site plans showing the location of existing and proposed structures within
the floodplain.
Updated site plans showing the location of fill previously placed on the site to
elevate the site to above the floodplain elevation.
Updated site plans showing the cross section elevations of the 100 year floodplain
on the property.
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(e70)94s-82r2
o
o
. Updated site plans with minimum elevations of the lowest finished floor of the
proposed buildings (Buildings A, C, D, AA, CC,and l)'
o Updated site plans detailing the lowest finished floor of the existing buildings
located within the 100 Year Floodplain (Buildings E, F, and H).
. Responses to the Conditions of Approval in Resolution No. 99-14, demonstrating
compliance with all conditions, prepared and stamped by a licensed professional
engineer.
g. The Applicant has provided a report completed and stamped by their Engineer
ou¡ining compliance with the current Floodplain Development review criteria contained in
Section 4-109 (CX1 -1 0).
g. The Application was referred to the County's Consulting Engineer, Michael Erion,
and referral comments received from him (see attached). Comments addressed topics
including letter of map revision (LOMR), access, storage, and elevation certificates.
Referral comments are addressed by the conditions of approval contained in Resolution
No. gg-14, conditions proposed forthis Director's Decision, applicant representations and
updated site plans.
10. The Applicant has provided documentation that access to the buildings will be on
the area of fill and will be above the 100 year flood plain elevation and will allow for
emergency ingress/egress during a flood event'
11. The Applicant has provided plan details for the existing onsite waste water
treatment system documenting its protection from impacts from or infiltration by
floodwaters.
12. Staff has reviewed the Application based on the Minor Modification Criteria
contained in Section 4-106 and determined that it meets the criteria including but not
limited to:
. The request meets the requirements of the code'
o lt does not conflict with the Comprehensive Plan'
o lt does not change the character of the development
o lt does not alter the basic relationship of the development to adjacent property.
o lt does not change the uses permitted'
. The request does not change the density, zone district dimensions, or decrease
the amount of open space, or alter any lighting, signage or zone district
dimensions.
13. Findings are also recommended for the Director's Decision further clarifying issues
associated with the issuance of future building permits and Applicant representations'
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970)e4s-82r2
ilt. DIRECTOR'S DECISION
Staff Recommendation is for Approval of the Minor Modification Request clarifying that
the Floodplain Special Use Permit authorized construction of structures associated with
the placement of fill, based on the finding that it is in compliance with the Review Cfiteria
contained in Sections 4-106 (CX1 - 9) and 4-109, subject to the following conditions:
1. All previous conditions of approval contained in Resolution No. 99-14 shall remain
in effect and the Applicant shall comply with the comments contained in the referral letter
from the County's Consulting Engineer, Michael Erion, Resource Engineering dated June
27,2019.
2. That the Applicant shall provide as-built elevation certificates for all existing and
proposed structures to confirm compliance with the elevation requirements set forth in
Resolution No. 99-14.
3. That all representation of the Applicant including those contained in the Application
Submittals, Engineering Reports, and Supplements shall be conditions of approval unless
modified herein, including the representation that the Applicant is in the process of
initiating a Letter of Map Revision (LOMR) with FEMA for the property and will submit the
LOMR Application no later than December 31,2019 and shall complete the LOMR,
subject to FEMA scheduling and timelines.
pursuant to Section 4-106 (BX1Xa) the Director will provide written notice to the Applicant
and cause an amended Land Use Change Permit (Special Use Permit) to be executed
and recorded.
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970)e4s-8212
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Glenwood Springs, Colorado 81601
(970)94s-8212
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FIESOUFICË
ENG¡INEEFIING INC
Glenn Hartmann, Senior Planner
Garfield County Community Development Department
108 8th Street, Suite 401
Glenwood Springs CO 81601
RE: Floodplain Review, SUAA-04-19-8725, Rudd Cattle Creek
June 27,2019
Dear Glenn:
At the request of Garfield County (GARCO), Resource Engineering, lnc. (RESOURCE)
revieweo iloodplain issues related to the Minor Modification for Purposes of Clarification
to a Floodplain Development Permit approved pursuant to Resolution No. 99-14' The
àpptication' is Fite No. SUAA-04-19-8725 applied for by Rudd LLG and CCC-B LLLP
iniàOl. The application is for construction of buildings within the floodplain of Cattle Creek
òn lanã etevated by fill located southeast of the City of Glenwood Springs. RESOURCE
reviewed the submittal package including letters, mapping, and elevation certificates
prepared by Zancanella and Aðsociates, lnc. (ZA) dated May 2,2019 and updated June
'13,'2019. RESOURCE',s review comments are presented below.
GENERAL BACKGROUND
The proposed project is located within the 1O0-Year Floodplain of Cattle Creek. The
floodptain boundary is shown on effective FEMA FIRM Map Panel No' 080205 1465 B
with an effective date of January 3, 1986. The primary standards for analysis of the
ôroj"rt are elevating new structures to at least one foot above the BFE, and no adverse
impact to other propLrties adjacent to, upstream and downstream of the project'
REVIEW AND ANALYSIS
RESOURCE reviewed the application for compliance with the applicable requirements in
the 20,13 GARCO Land Use and Development Code (amended July 21, 2014) related to
àevelopment within the floodplain. These include Section 3-301 Floodplain Overlay
nãgrËt¡onr, Section 4-1Og Development in the 100 year Floodplain, and the general
*rür¡ttal requirement in Section 4-201through 4-203. RESOURCE generally concurs
w¡iÀ tne ,esp'onses to each applicable section of the code provided in the ZA letter reports
and such responses ano proposed design meet the code requirements. All buílding will
be elevated such that minimum finished floor is at least one foot above the Base Flood
Elevation. RESOURCE notes the following items for completion either prior to issuance
of the Floodplain Development Permit or as conditions/follow up to the permit.
1. The Applicant should prepare a LOMR-F application for submittal to FEMA for the
fill work that has been completed to remove portions of the property from the
Regulatory FloodPlain.
2. The site is very busy with access, parking, and storage areas. Applicant must
ensure that thêre is no storage of floatable or hazardous materials within the
ConsulËing Engineens and Hydnologists
go9 6olonado Avenue I Gtenwood Spnings, Co a1 6C)1 I (e7o)945-8777 J Fax [970]945-1 137
Glenn Hartmann, Senior Planner
Page2
June27,2019
Floodplain, or on ground within the Floodplain that is elevated less than one foot
above the 10O-year base flood elevation.
3. Applicant shall ensure that all vehicle accesses are at or above the 1OO-year base
flood elevation to allow for emergency ingress/egress during a flood event.
4. Applicant shall provide as-built Elevation Certificates for all existing buildings and
pre-construction Elevation Certificates for all proposed buildings. (Elevation
Certificates for existing building have þeen submitted). The as-built Ëievation
Certificates shall be provided after the proposed buildings are constructed.
Please call if you have any questions or need additional information
Sincerely,
RESOURCE ENGINEERING, INC.
MichaelJ N, P,E.
Water Resources Engineer
MJE/mje
885-103.0
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STATE OF COLORADO
County of Garfield
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At a regular meeting ofthe Board of County Commissionerc for Garfield County, Colorado, held
in tire Cþ Council cfr"*ü"}, n¡ffe City llall, in Rine on Monday, the lst day of November A'D' 1999'
there were Present:
Walt Stowe
Commissioner Chairma¡
Commissioner
Commissioner
Counry Attomey
Clerk ofthe Board
County Administato¡
when thc following proceedings, smong othets were had and done' to-wit:
RESOLI.ITIONNO 99 -11 4
A RESOLUTION CONCERNED WTTII TIIE A?PROVAL OF A FLOODPLAIN SPECIAL USE PERMIT
APPLICATION FOR WAYNE RI.IDD.
*'{EREAS, the Board of county Commissioners of Garfield county, colorado, has received
application fro* w.y"" [";¿ concemed ïith a Floodprain speciar use pemrit to a'ow for the dredge and
nii"f * area int}re regulated ftoodplair of Cattle Creek; and
WHEREAS, the Board held a public hgarirrg on the 12t'1. 9y of April 1999, upon the question of
wherherthe uuour_uu..rit'rîrì*ápruin sp"ci"t usJpermit should be granted or denied, ar which hearing
the public and interestedñ;"f ä givä the opportr:nity to express their opinions regarding the issuance
of said Special Use Permit; and
WHEREAS, thc Board on the basis of substantial competent evidence produced at the
aforcmentioned heæing, has made the following determination of fact:
l. That proper publication antl publicnotice was provided as required by iaw for the hearing
beforc the Board of Çounty Cornmissioners'
2'ThatthehearingbeforetheBoardofCountyCommissionersYfasêxtensiveandcomplete,
that all pertinenif..tr, matters and issues were submitted andthat all interested parties were
hcard at that hearfutg'
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3. That ihe application is in complíance with the Garfield County Zoning Resolution of 1978,
. as amended,
4. For tbe above stated and other rçasons, the proposed use is in the best ínterest ofthe health,
;"f-ry, morals, convenience, order, prosperity and welfare ofthe cifüens of Garfield County.
NOW, THEREFoRE, BE IT RESOLVED by the Board of county cornmissioner¡ of Garfi'eld
Co*ty, Cofádo, that the iooOptui" Spe¡ial Use PeÍnit be and hereby is approved to allow fot-the dredge
and fill of an a¡ea in the reguhtå floojphin of Cattle Creek, upon the following specific conditions:
1 . That all representations ofthe applicant, either within the application o1¡taæd a!the meeting
before the'Board of County Commissioners, shall be considered conditions of approval.
Z. The applicant's engineer submit a siped statement with the stamp, certifying that the
tu.tyiog."pucity of Cattle Creek is being maintained'
3. Any new constuction on the fitl shall meet the following criteria, witl an engineered design,
with'stamPed Plans:
(A) The lowest floor, íncluding basement, ofany new or substantially i'tProved building
d;;gÊ.d for residentiai ı""upaooy strall ry1 be- less than one (1) foot above rhe
maxi*u* water elevation ofthe 100 Year Flood'
(B) AII new construction or substantial irnprovements shall be reasonably safe from.: 'flooding' ''
(C) Any new construction or substantial improvement desigrred for comrnercial or
indushial uses shall either:
(Ð 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 (l)
fooi uto"u t¡* .*i-u- water elevation of the 100 Year Flood, the
stu.t ou, together with attenda¡rt utility and sanitary facilities, is water tigþt
. with wai-ls substantially impermeabli to the passage of water. Struoh¡ral
coäponents shall be ""iuUt"ìftttisting
hydrostatic and hydrodynamic loads
andeffectsofbuoyaucy'Evidenceshallbesubmittedandoertifi.edbya
*girt"ir¿ p.ofessional *.rgio"r, or architect that the flood proofing ureet úe
standards as set forth herefur'
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(Ð) Any proposed development sheJl be reviewed by úe Floodplain Adminisnator to insure that\-' ',h;
*,"rot for flooå darnage bythe 100 Year Flood is minimized, that all public utilities
. and faciliti", ..e lo"ut*d, dãiped and çonstructeil so as to mioimize damage by the 100
Year Flood an¿ ttrat adequate ãtuioag" is provided to reduce exposufe to flood hazards'
@) All new consffuction or substantial irnptovements shall be designed and adequately anchoredt-'
io pr*u"o, flotatioñoilaPse of lateralmovement, be constructed with materials and utilþ
equipment resistant to flàod damage, and be construsted by methods that minimize flood
dasage.
(F) New or replacemerrt watef supply systems and sanitary sewagÊ systems shall be designed so
as to mínimize o, *ti*io"t" in-filtration of floodwaters, On-site indivìdual sewage disposal
.yrru*, shall be fotutt¿ so as to avoid impairment of them or contarnination Aom them
during a 100 Year Flood'
Dated this 1 st daY of
ATTEST
of the
trt 4.D.19 gg '
BOARD OF
COUNTY,
vote
Upon motion duly nade and seconded the foregoing
Aye
Aye
Aye
I,'-----=-.'CorurtyClerkaodex-officioClerkoftheBoardofCounty
com¡rissioners ro *o roiGıffi*a state aforesaid do hereby certiff that the annexed and foregoing
Resolution is tnrly "opied
il¡Ta å";or¿, ort¡" Proceeding of the Board of county commissioners for
said Garfield County, now in my ofEce'
¡/irìMMT êc!T rafJã TTl ¡T{I F D m 1Àr
I
STATE OF COLORADO
County of Garfield
t.
SIONER fIÀT,TER A. STOWE
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IN\ITINESSIVHEREOF,Ihavehereuntosetmyhandandaffñxedthesealofsaidcouuty'at
Clenwoo¿ Springs, thi. - day of ' ' A'D' t9-'
CorrntyClerkandex-offi,cioClerkoftheBoardofCountyCommissioners
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