HomeMy WebLinkAbout1.04 Waivers Request Letter
March 27, 2022
Sheryl Bower
Garfield County Community Development Director
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Nutrient Farm Planned Unit Development (PUD) – Waivers of Submission Requirements
• Site Plan (4-203.D.)
• Floodplain Analysis (4-203.O.)
Ms. Bower,
As you know, we had been working with Patrick Waller on the Nutrient Farm PUD request and
he provided us a Pre-Application Conference Summary (Summary) for the project. After further
reviewing the Summary and the Garfield County Land Use and Development Code (LUDC)
during the preparation of the PUD application package, we have found two submittal items that
we believe are either not applicable to the application or the information is unattainable. These
two items are the requirement for a Site Plan (4-203.D.) and a Flood Plain Analysis (4-203.O.).
Site Plan (4-203.D.)
Table 6-301. Application Submittal Requirements for a PUD requires the submittal of a Site Plan
according to 4-203.D. of the LUDC. The content requirements for a Site Plan (4-203.D.) seem to
be written for the review of a site-specific development application. As we had discussed this in
the past with Mr. Waller, no improvements are proposed at this time with the PUD request. The
PUD application is merely for a zoning designation of the property, and an articulation and
allowance of potential future uses.
In lieu of such a site plan, we have prepared a Conceptual Development Plan/PUD Plan Map that
lays out, with a considerable level of detail, not only the location of the proposed possible future
uses, but the structures and activities related thereto, and the general area of the improvements that
will be tied to such uses. This Conceptual Development Plan is very descriptive, though of course
not to the level of specificity associated with a site plan. Said Development Plan fully enables the
County to assess not only the uses proposed but how they are situated upon and fit within the
Property. Moreover, all future improvements within the PUD area will follow all applicable
Garfield County submittal, review, and approval processes—be it through the Planning
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Department and/or the Building Department. To help facilitate this, the proposed PUD Guide also
contains a Land Use Table with the various levels of development review for the future
improvements.
This submittal package also contains many other plans—the PUD Plan Map per 6-302.A.3., as
noted, a Conceptual Access, Circulation and Parking Plan attached as Exhibit C to the PUD Guide,
and a Water and Sewer Plan containing water and wastewater layout information, which include
many of the same content items required for a Site Plan. Thus, a Site Plan has been provided, but
does not meet the specific requirements of 4-203.D. because no improvements are proposed at this
time (i.e., location and dimensions of all structures, elevation drawings, proposed topography,
signs, etc.) and/or the information can be found on the Conceptual Development Plan/PUD Plan
Map, the Conceptual Access, Circulation and Parking Plan, or on the Water and Sewer Plan. (I.e.,
Legal description, existing topography, roads, parking, etc.) Mr. Waller understood our situation
and thought many of these Site Plan requirements could be waived and encouraged us to submit a
waiver request.
Floodplain Analysis (4-203.O.)
Table 6-301. also requires the submission of a Floodplain Analysis per 4-203.O. This section
requires the submission of a Floodplain Specific Site Plan containing existing flood/floodway
boundary, water course, and topography information, as well as specific information for proposed
improvements (i.e., proposed finished floor levels, flood-proof elevations, impervious surface
boundaries/calculations, etc.) Once again, no improvements are proposed at this time with the PUD
request.
In order to meet the requirements of this section as much as possible, SGM extensively researched
the Colorado River area adjacent to Nutrient Farm and their findings have been included in the
Impact Analysis Report which is part of this application package.
According to the Impact Analysis Report, the area adjacent to the Colorado River is within the
County’s Floodplain Overlay District and contains land within the designated 100-year floodplain.
However, the Federal Emergency Management Agency (FEMA) has not mapped the floodplain in
this specific area. The area was previously surveyed and studied on several occasions by FEMA
and the Colorado Water Conservation Board (CWCB) but the studies were not officially adopted
for this reach of the Colorado River adjacent to Nutrient Farm. The effective FEMA panel is
0802051020B dated 12/15/1977 (not printed). All areas are assigned Zone D areas of possible
flooding. An approximate Floodplain Zone A was created and published for public review and
comment in the Garfield County Preliminary study circa 2011. The Preliminary Flood Insurance
Study and accompanying maps and GIS digital data were made available on the County website
and was widely used as the “best available” information.
SGM obtained updated 2015 DFIRM metadata published by FEMA on 7/31/2015 and used these
GIS layers as the best available information for Nutrient Farm. This reach of the Colorado River
remains as an approximate Zone A floodplain without water surface elevations. SGM understands
that FEMA is very near publishing a new detailed floodplain study for this reach. That study will
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use a reduced 100-year flowrate and is expected to result in 100-year water surface elevations that
are lower than shown in previous studies.
Invariably, any Nutrient Farm PUD improvements, with respect to all flood study information
referenced above, will necessarily comply with all applicable FEMA, National Flood Insurance
Program (NFIP), CWCB and Garfield County floodplain regulations—Floodplain Overlay
Regulation of sections 3-102 and 3-301 and the Floodplain Specific Site Plan requirements of 4 -
203.O.1. of the LUDC. In addition, any future improvements near the Colorado River must abide
by section 7-203. Protection of Waterbodies of the LUDC. This includes the required setbacks for
structures and activities near a waterbody and compliance with all applicable State and Federal
regulations and permitting requirements including, but not limited to, section 404 of the Federal
Clean Water Act administered by the Army Corps. of Engineers.
Waiver of Submission Requirements (4-202.)
Section 4-202. of the LUDC allows the Planning Director to waive or alter any of the submittal
requirements if they are determined to be inappropriate or unnecessary and describes the review
process and criteria for doing so. Per Section 4-202.:
B. Review Process.
1. Applicant shall request the waiver of a submission requirement in writing as part of an application
submission.
2. The Director shall review the request as part of the completeness review and make a determination
regarding whether to waive or require the information. The Director may refer the waiver request to
the BOCC for consideration at a Public Meeting.
3. The Director shall notify the Applicant in writing of the determination whether to waive submission
requirements and include a summary of the decision in the staff report.
4. The Director’s determination regarding waiver of submission requirements is subject to call -up
pursuant to section 4-112.
C. Review Criteria.
A waiver request shall be considered based on the following criteria:
1. The Applicant shows good cause for the requested waiver;
2. The project size, complexity, anticipated impacts, or other factors support a waiver;
3. The waiver does not compromise a proper and complete review; and
4. The information is not material to describing the proposal or demonstrating compliance with
approval criteria.
We respectfully request the aforementioned waivers of the contents of the Site Plan and Floodplain Analysis
not met, or waivers of the entire requirement to submit them. We believe that waiving the submittal
requirements for various elements of the Site Plan per section 4-203.D. and waiving the submittal
requirement for a Floodplain Analysis per section 4-203.O. are appropriate in this instance. We are
confident that you will agree that the very comprehensive PUD application which we have submitted
addresses all salient issues with an ample level of detail and specificity. It follows that having a site plan
or flood plain plan as part of the submittals, which would inevitably have to come with the caveat that any
future development may alter such submittals, render them functionally moot for the specific purposes of
this PUD review, which does not serve as a permit to commence any specific development in any manner.
The Nutrient Farm PUD application is a zoning request, and no improvements are proposed at this time in
connection with it. Rather, all future improvements on the property will follow—and of course must follow
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all applicable Garfield County submittal, review and approval processes. As much information has been
provided as possible, and many of the Site Plan required contents can be found on other plans submitted in
the application package. Thus, we believe that a proper and complete review of the Nutrient Farm PUD
request is possible based on the submitted information.
Thank you for your consideration of the waivers. We will be glad to discuss this request with you
or provide any other additional information that may be helpful to you.
Respectfully,
Daniel Teodoru, Esq.