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HomeMy WebLinkAboutPACKET Estes Valley Board of Adjustment 2007-06-05Prepared: May 28, 2007
Revised:
AGENDA
ESTES VALLEY BOARD OF ADJUSTMENT
Tuesday, June 5, 2007
9:00 a.m. — Board Room, Town Hall
L PUBLIC COMMENT
CONSENT
a. Approval of minutes dated May 1, 2007
3. REQUESTS
a. Lot 6, Replat of Lot 1, Homestead Subdivision, 675 Summerset Court
Owner: Mark D. & Rebecca J. Elrod
Applicant: Roger M. Thorp, Thorp Associates, PC
Request: Variance from Estes Valley Development Code
Section 1.9.D.2.a, Stream and River Corridors;
Section 7.6.E1.a(1), Building/Structure Setbacks;
Section 7.6.F.1, Prohibited Activities; and
Section 7.6.G, Preservation of Vegetation;
to allow portions of a residence to be constructed across a stream
corridor in lieu of the required 30-foot setback from stream corridors
Staff Contact: Alison Chilcott
4. REPORTS
5. ADJOURNMENT
Note: The Estes Valley Board of Adjustment reserves the right to consider other appropriate
items not available at the time the agenda was prepared.
RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Board of Adjustment
May 1, 2007, 9:00 a.m.
Board Room, Estes Park Town Hall
Board:
Attending:
Also Attending:
Absent:
Chair Wayne Newsom; Members Cliff Dill, Chuck Levine, John Lynch,
and Al Sager; Alternate Member Bruce Grant
Chair Newsom; Members Dill, Levine, Lynch, and Sager
Director Joseph, Planner Shirk, Planner Chilcott, and Recording
Secretary Roederer
None
Chair Newsom called the meeting to order at 9:00 a.m.
1. CONSENT AGENDA
The minutes of the April 3, 2007 meeting.
There being no changes or corrections, the minutes were approved as submitted.
2. METES AND BOUNDS PARCEL LOCATED IN THE SE 1/e OF SECTION 34, TOWNSHIP
5 NORTH, RANGE 73 WEST OF THE 61/1 P.M., 2025 MORAINE AVENUE, Applicant:
Steve Eck — Request for variance from Estes Valley Development Code Section 4.4,
Table 4-5, to reduce the required setback from an arterial road from 25 feet to 8 feet,
variance from Section 7.5.F.2.b(6) to allow development within five feet of the
property line and within the required arterial -street -frontage -buffer landscape area,
and variance from Section 7.6.E.1.a(2)(a) to reduce the required river setback from
50 feet to 45 feet.
Planner Shirk reviewed the staff report. He stated this is a request for variance from Estes
Valley Development Code (EVDC) standards to allow a front -yard setback of eight feet in
lieu of the 25-foot setback required, to allow a driveway and portion of a detached
residential/accommodations unit to be constructed within the arterial front -yard setback,
and to allow decks and a retaining wall to be constructed within the river setback. The
parcel is zoned A —Accommodations and the applicant has submitted a development plan
application for nine residential/accommodations units.
A significant portion of the property lies within the floodplain, and the applicant proposes to
raise a portion of the site with three feet of fill material to be supported by a retaining wall.
Revision of the floodplain requires approval of FEMA and issuance of a permit from the
Larimer County Engineering department, and would allow construction of one additional
unit. It is the opinion of planning staff that the applicant's justifications for the requested
variances are based on the unit type and total number of units the applicant desires to
build, rather than on the site itself.
The property is owned by Anne Toft and is currently addressed 2025 Moraine Avenue; the
designation of this road was recently changed from state highway to county road. Larimer
County requires dedication of an additional ten feet of road right-of-way. In considering
whether special circumstances exist, dedication of county road right-of-way does not
constitute a special circumstance because it is a requirement throughout Larimer County.
The floodplain does create a special circumstance, and staff would support a request to
raise the floodplain in order to eliminate or reduce the need for setback variances and
provide reasonably functional building sites. However, the applicant's proposal increases
the allowable density on the property, which staff cannot support. Furthermore, the
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
May 1, 2007
2
increased density results in Unit 1 being located within the setback --a self-imposed
hardship. Staff does not support the request for a setback encroachment for Unit 1.
Staff disagrees with three "special circumstances" lusted on the applicant's statement of
intent. Eliminating the proposed two -car garages from the units wound alleviate the narrow
lot "special circumstance." The property is zoned for accommodations use; two -car
garages are not necessary or even typical for high -intensity commercial accommodations
use and the site is too narrow for this type of design. Secondly, the applicant's statement
of intent states the property to the north was developed with a zero tot line, which is
misleading. That property was granted a variance to allow a portion of the driveway to be
located within the landscaping setback. No structures were (located within the setback, nor
were there any requested variances to the river setback. The required river setback on the
adjoining property was thirty feet rather than fifty feet because there was prior
development on the property. Variances such as that granted for the adjoining property do
not establish a precedent, but they do influence neighborhood character. Finally, the
statement of intent contends "the proposal is to develop the land in accordance with the
Code and the Comprehensive Plan." Planner Shirk stated this is not correct, as evidenced
by the applicant's multiple requests to vary from the code requirements.
The property is currently undeveloped, and the proposed development could be designed
to meet all setbacks. The floodplain nets out significant density potential; there could be
only six to ten units developed on the property regardless of whether the requested
variances are approved. EVDC Section 1.9 states 'the number of dwelling or
accommodations units allowed on a site is based on the presumption that all other
applicable standards shall be met. The maximum density established for a zoning district is
not a guarantee that such densities may be obtained, nor a valid justification for varying
other dimensional or development standards."
It is the opinion of planning staff that the requested variances are substantial because
three variances are requested for an undeveloped parcel, the entire length of the driveway
will be located within the required landscaping setback area, and raising the floodplain
results in an increase in allowable density. Also, staff suggests that the size of the
proposed units (approximately 3,000 square feet, including garage space) is the primary
reason for the variance requests.
In considering whether the essential character of the neighborhood would be substantially
altered or whether adjoining property owners would suffer a substantial detriment as a
result of the variance, staff believes full) in the floodplain could have a negative flood
storage impact on the neighborhood. The applicant does not own the property and is
purchasing it with the intent to develop. Staff expressed concerns about proposed
variances and referenced limits of disturbance standards in a pre -application meeting in
October 2006 and in a follow-up meeting in November 2006. An application submittal
made in November 2006 was not accepted because it did not meet code requirements.
In considering whether the requested variances represent the least deviation from the
regulations that will afford relief, staff suggests the proposed retaining wall could be
located outside the required fifty -foot river setback and the units could be made smaller,
thus minimizing the variance requests. Specifically, EVDC Section 3.6.C.4 states "no
variance shall be granted reducing the size of lots contained in an existing or proposed
subdivision if it will result in the number of lots beyond the number otherwise permitted for
the total subdivision, pursuant to the applicable zone district regulations." It is staff's strong
opinion that placement of the retaining wall within the fifty -foot river setback will allow an
additional unit to be built in this condominium project (reviewed as a subdivision under the
EVDC) and the variance should not be granted. EVDC Section 7.2.D also sets forth limits
of site disturbance, including riparian habitat, stream corridors and wetland protection and
buffering, and floodplains, floodways, flood fringes, and flood hazards.
This request was submitted to all applicable reviewing agency staff and to neighboring
property owners for consideration and comment. No significant issues or concerns were
expressed by reviewing agency staff relative to code compliance or to the provision of
public services. Comments were received from Larimer County Engineering Department.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
Mayl, 2007
3
Written comments, office visits, and phone calls expressing concem about the floodplain
and requested road setback variance were received from neighboring property owners
David Ranglos, Jay Lykins and Cheryl Wagner, Ben McTavish, John Menardi, and Richard
Minker. Ranglos and Menardi both stated it is common for this property to flood for
approximately one month each spring.
Planning staff recommends disapproval of the requested variances for seven reasons (see
Motion).
Discussion followed between the Board members and planning staff. Planner Shirk stated
the applicant proposes the maximum density of development that would be allowed with
the increased land area provided by raising the floodplain and placing the retaining wall
within the river setback. If the applicant proposed one less unit or combined the units
(rather than the mix of attached and detached units proposed), the development could
occur without the requested variances. It is the site design that is driving the variance
requests.
Public Comment:
Zach Hanson, Van Horn Engineering and Surveying, was present to represent the
applicant. The applicant began designing plans for the property prior to the time FEMA
adopted changes to the floodplain. Mr. Hanson showed drawings of the site's former,
current, and proposed floodplain. The applicant has worked with FEMA and is proposing
less fill on the site than is allowed by FEMA; the applicant is following FEMA regulations
and believes neighboring properties will not be affected. The additional road right-of-way
dedication required by Larimer County also impacts the development potential of the site.
The proposed development is clustered at the east end of the property and allows for
future widening of the county road, if it occurs. He quoted from comments received from
the Larimer County Engineering department, which state there should not be any
hindrances to future road improvements and the department has no major concerns with
the variance requests. The proposed unit sizes are 2,100 to 2,200 square feet, a common
size for accommodations units in the area; living space is proposed above the garages so
removing the garages will not change the building footprint. The site disturbance proposed
by the applicant is much less than that allowed on the adjacent Rambling River
Condominiums development. Building clustering minimizes disturbance to the remainder of
the site; approval of the requested variances would provide a trade-off for leaving the land
open for wildlife access and less site disturbance.
Discussion followed between the Board members and planning staff. Planner Shirk noted
that Estes Valley Development Code standards are more restrictive than FEMA's. The
EVDC and Comprehensive Plan discourage development in the floodplain. The volume of
traffic on Moraine Avenue was discussed. Although the town and county are currently
holding discussions about the right-of-way requirements for county roads within the Estes
Valley planning area, the Board must base their decision on the standards that are
currently in effect. Member Sager expressed his concern that the applicant's plans state
the property line follows the centerline of the river but show a property line that does not.
Director Joseph stated the property line was shown as prepared by a professional,
licensed surveyor; the apparent discrepancy is the result of the way the deed has been
prepared over the years.
Steve Eck, applicant, stated he originally planned to develop ten 2,000-square-foot units
on the property. He thought a thirty-foot river setback applied to the property but because
there is no prior development on the land, the setback is fifty feet. He has reduced the
proposal to nine units and will lose profitability on the development if one of the single-
family units must be removed or joined to another unit. He is trying to save two trees,
which must be removed if the units are condensed. The proposed units are similar in size
to others in the neighborhood and were designed to fit the land. The additional road right-
of-way required by the county has caused the site design to be out of compliance. The
purpose of the retaining wall is to keep dirt from sloughing off onto vegetation and limit
disturbance to natural areas; the highest point of the wall will be approximately four feet;
the wall will be engineered.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
May 1, 2007
4
Planner Shirk stated the required setback from the river has been fifty feet from the annual
high-water mark of the river since the year 2000; prior to that it was 100 feet from the
center of the river.
Anne Toft, owner of the property, stated the parcel) does not flood and hasn't in 100 years.
Nearby properties have development closer to the river and closer to the road. The
property has been zoned and taxed as an accommodations property for years. The access
easement for the property to the south is unllikely to ever be used.
Adjacent property owners Tim Finnigan, Cheryl Wagner, Dave Ranglos, and Jane Miller
expressed opposition to raising the floodplain due to possible impacts of altered river flows
to their properties. They allso expressed concern about development close to the road,
safety of vehicles and pedestrians, traffic volume, and availlability of parking on the site.
Mr. Ranglos stated his primary concem is the easement that provides access to his
property; ingress/egress will be very important if he ever chooses to sell one of his parcels
separately.
Discussion followed between Board members and planning staff. Member Sager stated
the development could be designed to meet the river setback, he is not supportive of the
encroachment of proposed Unit 1 into the front -yard setback, and suggested the request
be tabled pending further information from FEMA. Chair Newsom quoted from the Board of
Adjustment Powers and Duties, noting that financial gain is not sufficient reason to sustain
a variance. The property can still) be developed, and the devellopment could be designed to
fit the property without variances. Member Levine stated he is sympathetic that some
setback standards have changed since the appllicant began considering development of
the property but the Board must consider existing standards. Member Lynch encouraged
the appllicant to persevere and design the development to fit within the setbacks. Director
Joseph noted lack of final information from FEMA would have to be central to the
application to justify tabling it;. he encouraged the Board to render a decision based on
current evidence as presented.
It was moved and seconded (Sager/Levine) to disapprove the variance requests for
the Metes and Bounds property located in the SE 1/4 of S35-T5N-R73W, addressed
2025 Moraine Avenue, for the following reasons:
1. The site could be designed to meet or minimize setback reduction requests.
2. The floodplain fill within the river setback would result in an additional unit.
3. The impact of the proposed development outweighs any special
circumstances.
4. The variances are substantial.
5. The applicant is aware of the code requirements prior to purchase of the
property, thus any hardships would be self-imposed.
6. The variances could be mitigated by methods other than a variance.
7. The variances do not represent the least deviation that would afford relief.
The motion passed unanimously.
3. REPORTS
None.
There being no further business, Chair Newsom adjourned the meeting at 10 :36 a.m.
Wayne Newsom, Chair
Julie Roederer, Recording Secretary
675 Summerset Court
Stream Setback Variance Requests
Estes Park Community Development Department
Municipal Building, 170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com
I. PROJECT DESCRIPTIONBACKGROUND
DATE OF BOA MEETING: June 5, 2007
LOCATION: The site is located at 675 Summerset Court, within the Town
of Estes Park. Legal Description: Lot 6, Replat of Lot 1, Homestead
Subdivision
APPLICANT/PROPERTY OWNERS: Roger Thorp, Thorp Associates,
PC/Mark D. and Rebecca J. Elrod
STAFF CONTACT: Alison Chilcott
APPLICABLE LAND USE CODE:
Estes Valley Development Code (EVDC)
REQUEST:
The property owner wishes to build a one-story, 5,520-square-foot house,
which includes 3,638 square feet of finished space, a 912-square-foot
unfinished garage and a 970-square-foot unfinished attic. The proposed
house also includes approximately 840 square feet of deck, a 130-square-
foot patio, and a portico over the driveway of approximately 240 square
feet.
An intermittent drainage runs through the property and the Estes Valley
Development Code requires a thirty-foot stream setback from this drainage.
As noted in EVDC Section 7.6.D.2 Stream and River Corridor Boundaries,
"...Regulated stream and river corridors shall include only those streams
and rivers as identified on the Stream and River Corridor Resource Map
found in Appendix A. ... Streams delineated on the Map include various
named and unnamed streams and minor drainages, some of which are
intermittent." A copy of this map is included with the staff report.
I�.
The petitioner requests variances to the following sections of the Estes
Valley Development Code.
§ 1.9.D.2, Development Setbacks from River and Stream Corridors and
Wetlands, a, Stream and River Corridors
Development setbacks shall be measured as the distance between the
delineated stream or river corridor, as set forth in §7.6.D.2, and the
furthermost projection of a building or structure along a line at right angles
to the setback line. Setbacks shall be unobstructed from the ground to the
sky except as otherwise specifically allowed in §7.6.D of this Code. See
Figure 1-2.
§7.6.E.1, Stream or River Corridors, a., Building/Structure Setbacks (1),
Stream Corridors (except in the CD zoning district)
All buildings and accessory structures shall be set back at least thirty (30)
feet horizontally (plan view) from the annual high-water mark of stream
corridors, or if not readily discernible, from the defined bank of the stream.
Where defined banks are not readily discemible, the setback shall be
measured from the thread of the stream. See Figure 7-10.
§7.6.F, Development Standards, 1, Prohibited Activities
No person shall engage in any activity that will disturb, remove, fill, drain,
dredge, clear, destroy or alter any area, including vegetation, within stream
or river corridors, wetlands and their associated buffer/setback areas, except
as may be expressly allowed in this Section or Code.
§7.6.G, Preservation of Vegetation
All existing vegetation within the stream/river corridor or wetland
buffer/setback area shall be preserved, and where necessary to provide
adequate screening or to repair damaged riparian areas, supplemented with
additional native planting and landscaping.
II. SITE DATA AND MAPS
Number of Lots/Parcels
One
Parcel Number(s)
35224-25-006
Development Area
0.9748 acres per plat
42,462 square feet
Zoning
"E" Estate
Existing Land Use
Undeveloped
Proposed Land Use
Single -Family Residential
Page #2 _. Stream Corridor Setback Variance Request for 675 Summerset Court
SERVICES
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Upper Thompson Sanitation District
Fire Protection
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Page #4 - Stream Corridor Setback Variance Request for 675 Summerset Court
III. REVIEW CRITERIA
All variance applications shall demonstrate compliance with the standards
and criteria set forth in Chapter 3.6.0 and all other applicable provisions of
the Estes Valley Development Code.
This variance request does not fall within the parameters of staff -level
review and will be reviewed by the Estes Valley Board of Adjustment.
IV. REFERRAL COMMENTS
This request has been submitted to all applicable reviewing agency staff and
neighboring property owners for consideration and comment. The following
reviewing agency staff and/or adjacent property owners submitted
comments.
Estes Park Building Department See Will Birchfield's memo to Alison
Chilcott dated May 25, 2007.
Estes Park Public Works Department See Greg Sievers' email to Alison
Chilcott dated May 21, 2007. Please note this memo questioned the
reference to two forty -eight -inch diameter culverts. Per a conversation with
Roger Thorp on May 30, 2007, these culverts were considered to pipe the
water through a portion of the lot and allow a portion of the drainage swale
to be filled. This design option is no longer being considered.
Page #5 Stream Corridor Setback Variance Request for 675 Summerset Court
Estes Park Light and Power Department See Mike Mangelsen's memo to
Bob Goehring dated May 23, 2007.
Estes Park Water Department See Jeff Boles' memo to Bob Goehring
dated May 22, 2007.
Town Attorney See Greg White's letter to Alison Chilcott dated May 22,
2007.
Alpine Anglers See Keith Keenan's letter to Alison Chilcott faxed on May
18, 2007.
Owners of 670 Summerset Court See Michael Harris's email to Alison
Chilcott dated May 29, 2007.
V. STAFF FINDINGS
Staff finds:
1. Special circumstances or conditions exist (e.g., exceptional
topographic conditions, narrowness, shallowness or the shape of the
property) that are not common to other areas or buildings similarly
situated and practical difficulty may result from strict compliance
with this Code's standards, provided that the requested variance
will not have the effect of nullifying or impairing the intent and
purposes of either the specific standards, this Code or the
Comprehensive Plan.
Staff Finding:
Staff finds that there are special circumstances associated with this lot;
however, staff does not find that the applicant has demonstrated
practical difficulty sufficient to justify the requested variances. Staff is
supportive of significant reductions in setbacks, but not as significant as
those proposed by the applicant.
Staff may be supportive of a building design that proposes building
within a few feet of the bank and perhaps over the existing drainage
channel if the portion of the structure crossing the channel is high
enough to allow wildlife such as elk to pass under the structure. Staff is
not supportive of the submitted design, which includes
reconfiguring/relocating portions of the drainage and building over the
drainage. Staff recommends redesign of the proposed house.
Page #6 - Stream Corridor Setback Variance Request for 675 Summerset Court
This lot is almost twice the minimum lot size in "E" Estate zoning
district, i.e., it is an approximately one -acre lot in a half -acre zoning
district. Despite the large lot size for the zoning district, there are special
circumstances associated with the lot, i.e., the drainage and steep slopes,
which reduce the buildable area. A water line easement on the eastern
property line also reduces the buildable area.
2. In determining "practical difficulty," the BOA shall consider the
following factors:
a. Whether there can be any beneficial use of the property without
the variance.
Staff Finding: Staff finds that defined banks are discernable and
that setbacks should be measured from banks rather than thread of
the existing drainage. This would further reduce the buildable area.
It is very likely that a variance is needed to build a house on this lot.
The question is how much of a variance is needed.
b. Whether the variance is substantial.
Staff Finding: The variance requests are substantial. The request
involves reducing the setback from thirty feet to zero feet for the full
length of the house, and building a deck and a portion of the house
over the drainage. This request also includes
reconfiguring/relocating a portion of the drainage, which per the
submitted drainage report is estimated to carry 236 cubic feet of
water per second with a 100-year flow.
c. Whether the essential character of the neighborhood would be
substantially altered or whether adjoining properties would
suffer a substantial detriment as a result of the variance.
Staff Finding: This area has a mix of older homes that tend to be
smaller than the newer homes. However, this proposed house is
significantly larger all others in the immediate area, new or old, and
may impact the character of the neighborhood. Existing house sizes
and locations are provided below.
Page #7 — Stream Corridor Setback Variance Request for 675 Summerset Court
House Size
(Sq. Ft.)
Garage Size
(Sq. Ft.)
Proposed House
3,638
912
240 sq. ft. approx.
portico
1
Undeveloped Lot
2
2,603
576
3
2,358
924
4
2,858
572
5
441
None
6
495
None
7
441
None
8
1,064
None
9
609
None
10
609L
None
11
630
None
12
609
None
13
624
None
14
Condo Unit: 2,096
484
15
Condo Unit: 2,316
484
16
Duplex
Unit 1: 2,223
Unit 2: 2,102
Carport
340
368
Note: The square footage information for existing units is summarized frn
m
the Larimer County Tax Assessor Records. The square footage information
for the proposed house is summarized from the submitted building permit
application and does not include attic space.
Page #8 — Stream Corridor Setback Variance Request for 675 Summerset Court
Per the property owner's statement of intent, the Summerhill
Property Owners Association Architectural Control Committee
approved the building plans on March 13, 2007. Also, the owners of
670 Summerset Court have submitted an email supporting the
variance request.
d. Whether the variance would adversely affect the delivery of
public services such as water and sewer.
Staff Finding: The variances will not affect the delivery of public
services.
e. Whether the Applicant purchased the property with knowledge
of the requirement.
Staff Finding: This standard addresses whether or not the Code
requirements changed during current property owners' ownership of
the property. For example, did the property owner purchase the
property prior to adoption of the required setbacks.
This standard is not intended to address whether or not the property
owner reviewed Estes Valley Development Code to determine which
regulations are applicable to his/her property.
According to the Larimer County Tax Assessor records, the property
owner purchased the property on November 10, 2004 after the
February 1, 2000 effective date of the Estes Valley Development
Code and after the adoption of the Stream and River Corridor
Resource Map in 2002. Since the Estes Valley Development Code is
a public document, the applicant purchased the property with
knowledge of the requirements.
If the property owner had purchased the property prior to
implementation of these setbacks, staff would conclude that the
purchase was without knowledge of the setbacks.
f. Whether the Applicant's predicament can be mitigated through
some method other than a variance.
Staff Finding: Other design options exist that could minimize the
variance request. Below is a summary of a few design options.
1. The proposed setback from the front property line could be
reduced. The closest portion of the house is proposed to be
Page #9 mm Stream Corridor Setback Variance Request for 675 Summerset Court
setback approximately fifty-two feet from the front property line.
The minimum required setback is only fifteen feet. This greater
setback moves the house closer towards the drainage.
2. The driveway could be redesigned. This driveway takes up a
significant portion of the buildable area.
3. The deck proposed over the drainage could be
removed/relocated.
4. The shape and/or size of the home could be redesigned, which
would result in more options for siting the home on the lot.
3. No variance shall be granted if the submitted conditions or
circumstances affecting the Applicant's property are of so general
or recurrent a nature as to make reasonably practicable the
formulation of a general regulation for such conditions or
situations.
Staff Finding: The thirty-foot stream setback, which applies to the
drainage running through this lot, is the same setback that applies to
year-round streams such as Fish Creek and Black Canyon Creek. Staff is
supportive of a Code revision that distinguishes between year-round
streams and intermittent drainages, with reduced setbacks for
intermittent drainages. However, staff is not supportive of eliminating
setbacks for drainages altogether and permitting
relocation/reconfiguration of those drainages.
4. No variance shall be granted reducing the size of lots contained in
an existing or proposed subdivision if it will result in an increase in
the number of lots beyond the number otherwise permitted for the
total subdivision, pursuant to the applicable zone district
regulations.
Staff Finding: The variance would not reduce the size of the lot.
5. If authorized, a variance shall represent the least deviation from the
regulations that will afford relief.
Staff Finding: The variance does not represent the least deviation from
the regulations that will afford relief. As noted above, other design
options are available. Also as noted above, staff is supportive of
significantly reduced setbacks on this property; however, staff is not
Page #10 Stream Corridor Setback Variance Request for 675 Summerset Court
supportive of the current proposal. Staff recommends redesign to
minimize the variance requests.
6. Under no circumstances shall the BOA grant a variance to allow a
use not permitted, or a use expressly or by implication prohibited
under the terms of this Code for the zone district containing the
property for which the variance is sought.
Staff Finding: The proposed use is permitted.
7. In granting this variance, the BOA may require such conditions as
will, in its independent judgment, secure substantially the objectives
of the standards varied or modified.
Staff Finding: If the Board chooses to approve this variance, staff has
recommended a number of conditions of approval.
S. This request has been submitted to all applicable reviewing agency staff
for consideration and comment. All letters and memos submitted by
reviewing agency staff, referred to in Section IV of this staff report, are
incorporated as staff findings.
VI. STAFF RECOMMENDATION
Staff recommends DENIAL of the requested variance.
If the Board chooses to recommend APPROVAL of the requested variance.
Staff recommends that it be approved CONDITIONAL TO:
1. Compliance with the submitted plans, with the exception that the site
plans shall be revised to:
a. Accurately reflect the proposed building location. Per a conversation
with Amy Plummer, Van Horn Engineering and Surveying, on May
29, 2007, the field staking includes a slight shift in building
alignment to better match the existing drainage swale and result in
less grading than shown on Sheet A02.
b. The house design shall be revised so that the no portion of the
building encroaches into easements. Utility and water line easement
encroachments shown. Significant modifications to design will
require addition Board review.
Page #1 1 — Stream Corridor Setback Variance Request for 675 Summerset Court
c. Show all setbacks and show them accurately. This includes showing
all property lines setbacks, i.e. the fifteen -foot, rather than thirty-foot
front setback, and the fifteen -foot rear and ten -foot side setbacks.
This also includes showing the thirty-foot stream setback measured
from the defined edge of the bank rather than the thread of the
drainage.
2. A Colorado registered engineer shall stamp the drainage report and site
plan.
3. A registered land surveyor shall set the survey stakes for the foundation
forms. After the footings are set, and prior to pouring the foundation, the
surveyor shall verify compliance with the variance and provide a setback
certificate.
4. The plans submitted with the building permit application shall comply
with the comments in Will Birchfield's memo to Alison Chilcott dated
May 25, 2007.
5. The plans submitted with the building permit application shall comply
with the comments in Greg Sievers' email to Alison Chilcott dated May
21, 2007.
6. Compliance with Mike Mangelsen's memo to Bob Goehring dated May
23, 2007. Public Works Department has the ability to waive any
requirements that they determine are not applicable to this project.
Page #12 - Stream Corridor Setback Variance Request for 675 Summerset Court
To: Alison Chilcott, Planner II
From: Will Birchfield, Chief Building Official
Date: May 25, 2007
Subject: Elrod Proposed Residence
Lot 6, Replat of Lot 1, Homestead Subdivision
675 Summerset Court
The Department of Building Safety has reviewed the Estes Valley Board of Adjustment
application for the above -referenced property and offers the following comments:
1. Foundation and site drainage to be designed, inspected and approved by a Colorado
design professional.
Page 1of1
Alison Chilcott
From: Greg Sievers
Sent: Monday, May 21, 2007 10:10 AM
To: Alison Chilcott
Subject: Elrod residence
I have a few preliminary comments on this Board of Adjustments request and the site plan
provided:
1. due to the topographic issues presented on this site, they must provide a vicinity map. It
should also provide info. on the adjacent property to the east; as the runoff may impact that
lot.
2. label the separation in feet, between the main house and Master Bedroom.
3. show 'where' the drainage goes when it leaves this lot.
4. Must provide a cross section of the swale both under the house bridge and also under
the deck.
5. the drainage report references 2 x 48" culverts where are they located?
6. site plan must show & label Summerset Court, the neighboring driveway, gate, old James
McIntyre Drive, culverts and ditches.
7. Legend should include "see drainage report, page x " in reference to the "Engineered
Swale Cross-section" (A thru H)
8. the drainage reports closes with a statement I don't understand: "its premature to carry the
design further at this point"???
this items should be address prior to PW providing any further review.
Greg Sievers
Town of Estes Park
Public Works Engineering
P.O. Box 1200 (mail)
170 MacGregor Avenue (shipping)
Estes Park, CO 80517
970-577-3586 0
970-586-6909 f
970-227-0437 c
sievers@estes.org
http://www.estesnet.com/publicworks/Engineeringidefault.asm
5/21/2007
Memo
To: Bob Goehring
From: Mike Mangelsen
Date: 05-23-07
Re: Elrod Proposed Residence, 675 Summerset Court, Variance Request
The Light and Power Department has reviewed the Application for a Variance for the
above referenced property and has the following comments:
1) The infra -structure to this lot does not exist. The developer needs to
complete the process (see comments below)
2) Developer to install all trenches & conduits, all materials, truck hours and
mileage will be purchased from & installed by Town of Estes Park.
3) No building permits will be approved by Light & Power until the entire
Electric infrastructure has been paid for and installed.
4) We will in the future need accurate As-Builts in electronic, Mylar, and paper
versions.
5) The submitted plan needs to show all existing utilities, type, and location.
6) Easements need to accompany new lot lines in new proposed locations.
7) Easements also need to accompany all existing primary electric lines and
any secondary electric on others property.
8) The vacation of an easement is allowable if it is presently vacant with no
chance of being occupied in the future.
9) Any relocation or upgrade of existing facilities will be accomplished at the
project owners request and expense.
10) Each and every meter socket will need to be permanently marked with the
specific address and or unit number prior to hook-up by the utility.
11)Ali easements pertaining to Power must remain intact.
12)AII primary electric must be buried 4' deep in a 4" conduit
at r
Int r lc
To: Bob Goehring
From: Jeff Boies
Date: 5/22/2007
Re: Variance Request Trod Proposed Residence Lot 6, Replat of Lot 1,
Homestead Subdivision 675 Summerset Court
After review of the Variance Request the Water Department has no comments.
North Park Place
1423 West 29th Street
Loveland, Colorado 80538
_, GORY A. ITE
Attorney at Law
May 22, 2007
.ALISON CHILCOTT, PLANNER
COMMUNITY DEVELOPMENT DEPT
TOWN OF ESTES PARK
PO BOX 1200
ESTES PARK, CO 8051 "
Board of Adjustment — Variance Request — Elrod Proposed Residence
Dear Ms. Chilcott:
I have no comment.
If you have any questions, please do not hesitate to give me a call.
V Truly Yours,
a c.,JA,
Greg. A. White
GAW/ldr
Thorp Associates, PC — Roger Thorp
Fax: 970/586-4145
970/667-5310
Fax 970/667-2527
FROM :K2
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Appraisail Sv
wateriord
FAX N0. :9705665226
May. 18 2007 11:11AM P1
EEITH KEENAN
R, ALPINE ANGLERS CHAPTER
TROUT UNLIBEIMED
970-588-52116
Alison Chilcott, Planner II
Community Development Department
Town of Estes Park
Re: Elrod Variance Request
Dear Alison;
As a member of one of the Affected Agencies, I am privileged to be able to
review development proposals that may affect river corridors m our area.
I received the package of docinnents regarding the Proposed Variance
Request for the Elrod Property near the Fall River.
I am assuming that the variance request to river setbacks
however, the plat submitted. by Roger Thorpe Associates does not show
the location of the Fall River.
Also, it appears that Elummerset Court is a new spsubdivisitn because it
does not show up on current loyal street maps at my disposal No area
plat was included in the Thorpe Associates documentation,so I am not
sure where the property is located.
My request is that you require pertinent motion be included in
documents submitted to your department. It would make analyses much
easier for those oeua in the Affected Agencies if the Witted
documentation for river corridor projects actually clearly showed the
project location and the affected rher roe or and distances from. the
high water mark to those project boundaries.
I appreciate your attention to these details, and thank you for listening to
my concerns.
Page 1 of 1
Alison Chilcott
From: Harris,Michaei [Michael.Harris@ColoState.EDUj
Sent: Tuesday, May 29, 2007 2:16 PM
To: Alison Chilcott
Subject: Elrod Variance Request
Allison,
Please communicate to the appropriate committee, commission, and/or board members that we support the
variance requested by Mark and Rebecca Elrod. We own the property immediately adjacent to the site and regard
the proposed dwelling as an asset to our neighborhood and to Estes Park.
Michael R. and Carolyn A. Harris
670 Summerset Court
Estes Park CO 80517
5/30/2007
April 25, 2007
Mark D. & Rebecca J. Elrod
277 Larimore Valley Drive
Wildwood, MO 63005
Re: Estes Valley Board of Adjustment
Statement of Intent
Lot 6, Replat of Lot 1, Homestead Subdivision
675 Summerset Court, Estes Park, Colorado
Parcel Number 35224-25-006
Gentlemen:
We have been working very hard to make moving to Estes Park a part of our retirement
plan. For many years during our vacations here we took time out to look for property
upon which we could build our permanent retirement home. We found such a lot as
identified and referenced above. The lot was within a subdivision created in 1991. The
lot is zoned E. We fell in love with it. A five lot subdivision, with two vacant lots
remaining upon which to build.
At the time of purchase and closing October — November 2004 we were made aware of
three recorded easements on the lot, through the title company. Two were water/sewer
utility easements (October 1994 and May 2001) and one a waterline easement for
adjacent land owners (October 1994). We were also aware of the Declaration of
Protective Covenants as recorded in October of 1991.
We noted a small drainage swale on the lot which would require some creativity in
bridging it in designing and building our home. In addition, we have a number of
significant 100+ year old Ponderosa Pine trees, and home placement on the lot with
maximum preservation of the trees was our goal. Since this was going to be our
retirement home we wanted to be able to enjoy single level living and avoid dealing with
multiple levels in the event of future infirmities. With much hard work from our architect
Roger Thorp, we came up with a design that had 3,530 square feet on the main level. We
had a three bay garage with 912 square feet designed to tie into the main level. It was
complemented with two patios, one on the north side of 130 square feet, and one on the
south side measuring 800 square feet. After much time and effort in the design process,
the Summerhill Property Owners Association through their Architectural Control
Committee (ACC), approved our proposed building plans on March 13
f
1
In the process of moving forward in securing the necessary permits to construct our
home, we were made aware that the swale which bisects our lot is on the Stream and
River Corridor Resource Map referenced in section 7.6 (D)(2) of the Estes Valley
Development Code (Code). Further Code section 7.6 (E) (a) (1) requires that where
defined banks are not readily discernable (as they are not on our lot) the setback is to be
30' from each side of the thread of the "stream". Code section 1.9 (D) (2) (a) further
worsens our plight by providing that stream and river corridors "(s)etbacks shall be
unobstructed from the ground to the sky ..." This in essence creates a 60' wide curtain
which diagonally bisects the buildable potion of our lot from west to east. We are
advised that without addressing these setback requirements our lot becomes unbuildable
as our home has been designed, considering the recorded easements on the lot, the
Declaration of Protective Covenants, topographic conditions of our lot, and the lot line
zoning setbacks.
Estes Valley Development Code provides:
Section 3.6 VARIANCES
A. Applicability. The BOA shall hear requests for variances where it is alleged that the
provisions of the Code inflict unnecessary hardship and practical difficulties upon the
Applicant.
We can show with certainty that enforcement of the setbacks as required by the Code will
in fact inflict unnecessary hardship and practical difficulties upon us as property
owners and Applicant.
At section 3.6(C) (1):
"Special circumstances or conditions exist (e.g. exceptional topographic conditions,
narrowness, shallowness or the shape of the property) that are not common to other areas
or buildings similarly situated and practical difficulty may result from strict compliance
with this Code's standards, provided that the requested variance will not have the effect
of nullifying or impairing the intent and purposes of either the specific standards, this
Code or the Comprehensive Plan."
The lot is an irregular cyclone shaped lot. The eastern and western lot lines
triangulate into a narrow point at the southern tip of the lot. No other lot in the
subdivision is so shaped.
The lot carries a 20' utility easement running east to west roughly dividing the lot
in half from north to south. No other lot in the subdivision carries a utility
easement which divides a lot in half.
• The lot's southern portion, south of the utility easement, is steep and is shown on
the Town's Geologic Hazards map. It is therefore an inadequate building
alternative.
• The drainage swale runs roughly diagonally from east to west across that portion
of the lot north of the utility easement. It does not appear that any other lot in the
subdivision has such a drainage swale crossing it in a similar fashion.
• The lot has very little level building area except that in and around the drainage
swale. The other lots of the subdivision are relatively level, or have gentle slopes
to Fall River.
• There are many significant Ponderosa Pine trees on the lot which limits where a
home could be constructed without major tree removal, or damage to the root
systems, which would impact the character of the neighborhood. Three lots of the
subdivision have been built and the one other vacant lot does not have so many
trees which would limit placement.
The variance will not have the effect of nullifying or impairing the intent and purposes
established for residential E zoned property of either the specific standards, this Code or
the Comprehensive Plan. The Code provides at Section 1.3 and Section 7.6 the purposes
and intent to be examined.
Section 1.3 PURPOSE AND INTENT
A. ... promote health, safety ...
B. Protect residents from ... floodwaters
C. Preserve and protect existing trees and vegetation ... riparian
corridors ... from adverse impacts of development
G. Encourage innovative residential development so that growing
demand for housing may be met by greater variety in type, design
and layout of dwellings, and by conservation and more efficient us
of open areas ancillary to such dwellings
K. Provide adequate building setbacks and height limitations
Section 7.6 WETLANDS AND STREAM CORRIDOR PROTECTION
"A. Purpose and Intent. The following requirements and standards
are intended to promote, preserve and enhance the important hydrologic,
biological, ecological, aesthetic, recreational and educational functions that
stream and river corridors, associated riparian area and wetland provide."
• With the design of our home bridging the swale, and with engineered
solution for our lot, the purposes and intent stated in Sections 1.3 and
Section 7.6 would not be impaired by waiving the setback requirements of
what amounts to a 60' wide ground to sky setback bisecting the buildable
portion of our lot.
• The property layout as designed is protected from floodwaters, and down
stream lots are not any more at risk with the setback waiver.
• The preservation of the existing historic trees and the riparian corridors are
addressed with the placement of the home on the lot as designed and the
engineered solution for the swale bed.
• Encouragement of innovative residential development is addressed. The
stream corridor is preserved and protected, and is at no greater risk than if
no structure were built on the lot.
• The promotion, preservation and enhancement of important hydrologic,
biological, ecological, aesthetic, recreational and educational functions
that stream and river corridors, associated riparian area and wetland
provide are hardly well served relative to the nature of the drainage swale
("stream") by enforcing the setback requirements.
• When the reasons for the setbacks cease to exist, the requirements should
cease to be applied.
"Practical difficulty" is determined by following the Section 3.6 (C) 2 standards set out
below for your review.
The BOA shall consider the following factors:
a. Whether there can be anv beneficial use of the property without the
variance. From what we are advised, without the waiver of the 60' wide setback
completely, the lot is no longer buildable as designed. It would be impossible to
build a 3,530 square foot single level structure on the lot, and still remain in
character with the neighborhood.
b. Whether the variance is substantial. Yes it is substantial, a complete waiver of
the 60' wide ground to the sky setback requirements. However, none of the stated
purposes and intent of the Code is violated as addressed above. When the reason
for the setback ceases to exist, the enforcement of the setback should cease. No
other building setbacks are encroached upon with our home as designed.
c. Whether the essential character of the neighborhood would be substantially
altered or whether adjoining properties would suffer a substantial detriment
as a result of the variance. The subdivision was platted in 1991. There are five
building lots. Three of the five have been built. It has always been anticipated
that the remaining two lots, including our lot, would be built. The subdivision
trustees have approved the design. Actually, the enforcement of the setback could
have the reverse impact on the character of the neighborhood as it relates to the
design of the home. As will be shown, the engineered on -grade swale is designed
to handle MORE than the 100 year flood event. The home can be placed where it
is shown and that it will be safe from a 100 year flood event. We are not
changing the affect of the water downstream, and at the same time maintaining
the environmental qualities of the site. There would be no adverse impact
resulting from a waiver of the setback requirements. There is NO detriment to
adjoining properties, substantial or otherwise by waiving the setback requirement.
If our home site is forced to be on another area of our lot with a partial waiver of
the setback requirement, it would result in the maximum destruction of the
4
significant Ponderosa Pine trees which is an important element of the character of
the subdivision.
d. Whether the variance would adversely affect the delivery of public services
such as water and sewer. No utility easement is impaired by the waiver of the
setback requirements. There are no special utility needs for the home being
designed for construction on our lot. The sewer tap is already paid.
e. Whether the Applicant purchased the property with knowledge of the
requirement. The setbacks did not show on the plat map which predates the
Code, or on any title work accomplished. We had no knowledge that the swale on
our lot was on the Stream and River Corridor Resource Map, which is found at
Appendix A of the Estes Valley Development Code (7.6[D][2]). We had no
actual knowledge of the application of the setback requirements (7.6[E] [a] [ 1 ]
60'setback; 1.9[D] [2] [a] unobstructed from the ground to the sky) to our lot
when we purchased it in 2004.
f Whether,the A licant's redi can be IOU th son
method other than a variance. The perplexing situation facing us is that there is
no reason to enforce the setback requirements on the home as designed. We as
the lot owners, and the adjacent property owners are not put in any better position
by enforcing these setback requirements at all. The intent and purposes of the
Code are not compromised by non -enforcement. It would seem that equity
demands that the waiver be granted when the need, purposes and intent for the
setbacks are no longer served by it.
Section 3.6 (C) continues:
3. No variance shall be granted if the submitted conditions or
circumstances affecting the Applicant's property are of so general or
recurrent a nature as to make reasonably practicable the formulation
ral for ition do The variance
is not general or recurrent in nature, but is site specific and constitutes a
unique request.
4. No variance shall ted red e s c ed in
existing or proposed subdivision if it will result in an increase in the
number of lots beyond the number otherwise permitted for the total
subdivision. pursuant to the applicable zone district regulations. The
granting of this variance will not increase in density or create the ability to
create new lots.
5. If authorized, a variance shall represent the least deviation from the
regulations that will afford relief. The least deviation is the complete
waiver of the setback requirement found in the Code at 7.6 (E)(a)(1), and
further described in Code at 1.9(D)(2Xa) as unobstructed from the ground
to the sky. We are not asking for permission to build directly on the
swale, but to bridge the swale and engineer an on -grade solution to the
nature of the swale's drainage purpose in the event of a 100 year flood.
However when the two code sections are referenced together, we have no
other option than to request a complete waiver. That is the least deviation
which will afford relief to allow us to use the property as the Code intends.
6. Under no circumstances shall the BOA nt a variance to allow a
use not permitted, or a use expressly or by implication prohibited
under the terms of this Code for the zone district containing the
property for which the variance is sought. The variance sought would
not violate any of these concerns.
7. In granting such variances, the BOA may require such conditions as
will, in its independent jud 11,ent, secure substantially the objectives
of the standard so varied or modified. We would find it acceptable that
the complete waiver of the setback requirements be conditioned to
building our home as designed and engineered. The swale is bridged at
certain points on our building plans which would be the ground to the sky
exception. The plans do have our home structure setback from the thread
of the swale currently, and the engineered on -grade solution for the 100
year flood would provide the necessary protection for a "one hundred
year" flood. The last thing we want to do is create a structure that is not
safe for us or our down stream neighbors. Further the condition could
require that no further waiver of the setback requirements are approved as
it may relate to future building on the site. Adoption of the site drawing as
a condition of the variance would satisfy future concerns.
We would ask you, as citizens of Estes Park and Larimer County, to place yourselves in
our situation. You purchase a lot of a subdivision platted in 1991. You are made aware
of all recorded easements on the lot and find none troubling. There is a drainage swale
on the lot which appears benign ... grasses, pinecones, and brushes populate the swale.
There is no evidence of running or collected water in the swale.
After working on your home design for two years you obtain approval of your plans from
your subdivision ACC. You move forward in properly obtaining necessary approval and
permits to build your retirement home. You are then advised that it appears that the
swale on your lot is one which appears on the Stream and River Corridor Resource Map,
which is found at Appendix A of the Estes Valley Development Code. You take a look at
that map. You have a hard time focusing on finding the swale on your lot. Once you
locate your swale and see it is classified as a "stream", which automatically imposes a
ground to the sky setback requirement, you realize that your home building plans as
designed are now impossible. What would have been an acceptable design when the
subdivision was platted in 1991 up and until the adoption of the Code in 2000 is now no
longer viable. The adoption of the Code which references the Stream and River Corridor
Resource Map and then imposes new setback requirements which were not in existence
when the lot was platted has now caused the problem you are facing.
After being frustrated with the news of your swale being a "stream" on some obscure
map referenced in the Code you then think, well it is about safety. You want to make
certain your safety and those of adjacent lot owners are not compromised by building on
the lot. You consult with your architect and you hire an engineer to review the situation.
6
Safety being of utmost importance, you ask if the swale can be engineered to an on -grade
swale to withstand a 100 year flood event. You are advised it can be. You are advised
by your architect that minor modifications to the original design of your home can be
made, and incorporating the engineered swale you can safely build.
You then still find it necessary to file an application with the Board of Adjustment to
request the waiver of the "stream" setback requirements.
There you have it. Thank you for your consideration in putting yourselves in our shoes,
and assisting us in dealing with our dilemma.
Sincerely yours,
Lb-cLS
Mark D. Elrod
Rebecca J. Elrod
7
`it
LAND SURVEYS
SUBDIVISIONS
DEVELOPMENT PLANNING
IMPROVEMENT PLATS
STRUCTURAL ENGINEERING
SANITARY ENGINEERING
MUNICIPAL ENGINEERING
VAN HORN ENGINEERING AND SURVEYING
DATE: March 20, 2007
TO: Whom it May Concern
FROM: John A. Spooner, P.E.
RE: Hydrology/Hydraulics Analysis
Elrod Proposed Variance Request
I have been asked by Thorp and Associates to evaluate the runoff and proposed conveyance
system to carry storm flow past the proposed residence. I visited the site and have conducted the
necessary computations to determine the runoff peak flow rates and a potential conveyance
system to carry those flows past the house.
The swale is shown on the USGS topographic map as a dashed blue line, indicating an
intermittent stream. The Swale is broad and shallow and shows no evidence of any runoff
activity. It is lined with native mountain grasses, has forest litter in the bottom and shows no
evidence of any high water marks or stream banks.
The watershed was determined (see attached Figure) as 195 acres. It is steep, with a slope of
about 25 percent. Ground cover consists mainly of mountain grasses and trees. Runoff
calculations were done using the Denver Urban Drainage and Flood Control District procedures
(per Larimer County requirements). The 2-year return period flow is about 5 cubic feet per
second (cfs), the 10-year about 64 cfs and the 100-year about 236 cfs (see attached).
The 100-year flow of 236 cfs was used to size a pipe conveyance system past the proposed
residence. Two 48-inch diameter pipes about 120 feet long would be required. These pipes will
require a headwall type inlet structure and an energy dissipating type outlet structure. It is
premature to carry the design further at this point.
1043 Fish Creek Road • Estes Park, CO 80517 • 970-586-9388 • Fax 970-586-8101 • VHE@Airbits.com
ESTES PARK QUADRANGLE .
USGS, 1961
1003
LONGS PEAK QUADRANGLE
USGS, 1961
DRAWN
CML
DATE
03-14-07
VAN HOR ENGINEERING
)1•3 Fish Creek Road— Estes Park, CO 805
Pi ..no: (970) 586-9388 — Fax: (970) 586-6 .
SCALE
PROJ. NO.
1 --1 000'
2007
CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD 7
Protect Title:
ELROD FLOOD DERERMINATION
Catchment ID: ' ;; LOT6, REPLAT OF LOT 1, HOMESTEAD S. D.
I. Catchment Hydrologic Data
Catchment ID = Total
Area = 195:00 Acres
Percent Imperviousness = 0.00 %
NRCS Soil Type = B A, B, C, or D
For catchments larger than 90 acres, CUHP hydrograph and routing are recommended.
II. Rainfall Information I (inch/hr) = Cl • P1 /(C2 + Td)AC3
Design Storm Retum Period, Tr = 2 years (input return period for design storm)
C1 = 28.50 (input the value ofC1)
C2= 10.00 (input the value of C2)
C3= 0:786 (input the value of C3)
Pl= 0.82 inches (input one-hr precipitation --see Sheet "Design Info")
III. Analysis of Flow Time (Time of Concentration) for a Catchment
Runoff Coefficient, C = " -012
Overide Runoff Coefficient, C = (enter an overide C value if desired, or leave blank to accept calculated C.)
5-yr. Runoff Coefficient, C-5 = 1108
Overide 5-yr. Runoff Coefficient, C = (enter an overtde C-5 value if desired, or leave blank to accept calculated C-5.)
Illustration
LEG NU
Q Begimttng
Flaw Direction
Catchment
Bovada y
NRCS Land
Type
Heavy
Meadow
Tillage/
Field
Short
Pasture/
Lawns
Nearly
Bare
Ground
Grassed
Swales/
Waterways
Paved Areas 8
Shallow Paved Swales
(Sheet Flow)
L Conveyance
2.5
5
7 10
15
20
Calculations:
Reach
ID
Overland
Slope
S
tuft
Input
• 0:3200
Length
L
ft
Input
1,000
5-yr
Runoff
Coeff
C-5
output
moos
NRCS
Convey-
ance
input
Flow
Velocity
V
fps
output
0 89
Flow
Time
Tf
minutes
output
0.2300.
2,600
2
3
Sum
3,600.
IV. Peak Runoff Prediction
Rainfall Intensity at Computed Tc, I = 1.25.;inch/hr
Rainfall Intensity at Regional Tc, I = ; "( 1'.29 inch/hr
Rainfall Intensity at User -Defined Tc, I = inch/hr
7,00
.12.91
Computed Tc =
Regional Tc =
User -Entered Tc =
31,56
30:00""'
30.00
Peak Flowrate, Qp = r4.87 cfs
Peak Flowrate, Op = � _:'502, cfs
Peak Flowrate, Qp = 5.02 cfs
UD-Rational v1.02a.xls, Tc and PeakQ 3/20/2007, 1'14 PM
CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD I
Project Title:
Catchment ID:
I, Catchment Hydrologic Data
ELROD, FLOOD DERERMINATION
LOT6, REPLAT OF LOT 1, HOMESTEAD S. D.
Catchment ID = Total
Area = 195.00 Acres
Percent Imperviousness = 0.00 %
NRCS Soil Type = BA, B, C, or D
For catchments larger than 90 acres, CUHP hydrograph and routing are recommended.
II. Rainfall Information I (Inchlhr) = C1* P1 l(C2 + Td)AC3
Design Storm Return Period, Tr = 10 years (input return period for design storm)
C1 = 28.50 (input the value of C1)
C2= 10.00 (input the value of C2)
C3= 0.786 (input the value of C3)
P1 1.39 inches (input one-hr precipitation --see Sheet "Design Info")
III. Analysis of Flow Time (Time of Concentration) for a Catchment
Runoff Coefficient, C = 0,15
Overide Runoff Coefficient, C = (enter an overide C value if desired, or (leave blank to accept calculated C.)
5-yr. Runoff Coefficient, C-5 = 0,08
Overide 5-yr. Runoff Coefficient, C = (enter an overide C-5 value if desired, or leave blank to accept calculated C-5.)
Illustration
LEGEND
Beginning
Flaw Direction
E—�—
Catchment
Bouudazy
NRCS Land
Type
Heavy
Meadow
Tillage/
Field
Short
Pasture/
Lawns
Nearly
Bare
Ground
Grassed
Swatesl
Waterways
Paved Areas &
Shallow Paved Swales
(Sheet Flow)
' Conveyance
2.5
L 5
7
10 I 15
20
Calculiations:
Reach
ID
Overland
Slope
S
IUR
Input
0.3200
0,2300
Length
L
ft
Input
1;00.0
2„600
3
5
Sum
3,600
IV. Peak Runoff Prediction
Rainfall Intensity at Computed Tc,1= 212 iMrchlhr
Rainfall Intensity at Regional Tc, 1= ` 218inchthr
Rainfall intensity at User -Defined Tc, I = 2,18 Jinch/hr
5-yr
Runoff
Coeff
C-5
output
0;08
NRCS
Convey-
ance
input
N/A
7.00
Flow
Velocity
V
fps
output
0.89
'3.36
Flow
Time
Tf
minutes
output
18.65
'.12.91'
Computed Tc
Regional Tc =
User -Entered Tc =
31.56
30.00
Peak Flowrate, Qp =_ _ 61:90 cfs
Peak Fiowrate, Qp = 63:79. cfs
Peak Flowrate, Qp = 63:79 cfs
UD-Rational v1.02a.xls, Tc and PeakQ 3120/2007, 1:14 PM
CALCULATION OF A PEAK RUNOFF USING RATIONAL METHOD
Project Title:
Catchment ID:
1. Catchment Hydrologic Data
ELROD FLOOD DERERMINATION
LOT6, REPLAT OF LOT 1,.HOMESTEAD S. D.
Catchment ID = Total
Area = t95.00 Acres
Percent Imperviousness = 0.00 %
NRCS Soil Type = B A, B, C, or D
For catchments larger than 90 acres, CUHP hydrograph and routing are recommended.
11. Rainfall Information 1(inch/hr) = C1 • P1 1(C2 + Td)AC3
Design Storm Retum Period, Tr = ' 100 years (input return period for design storm)
Cl = 28.50 (input the value of C1)
C2= 10.00 (input the value of C2)
C3.4 '0.786' (input the value of C3)
P1= 2.20 inches (input one-hr precipitation -see Sheet "Design Info")
III. Analysis of Flow Time (Time of Concentration) for a Catchment
Runoff Coefficient, C = ""0.35
Overide Runoff Coefficient, Cr(enter an overide C value if desired, or leave blank to accept calculated C.)
5-yr. Runoff Coefficient, C 5;_ 6103
Overide 5-yr. Runoff Coefficient, C = (enter an overide C-5 value if desired, or leave blank to accept calculated C-5.)
Illustration
NRCS Land
Type
J Conveyance
Calculations:
Heavy
Meadow
2.5
Tillage/
Field
II
5
1
Short
Pasture/
Lawns
7
Nearly
Bare 1
Ground
Grassed
Swales/
Waterways
10
it
15
r
Paved Areas &
Shallow Paved Swales
(Sheet Flow)
20
Reach
ID
Overland
1
Slope
S
ft/ft
input
0.3200
0.2300
Length
L
ft
input
1,000
2,600
2
3
4
Sum
3,600
IV. Peak Runoff Prediction
Rainfall Intensity at Computed Tc, 1 = 3 35, inch/hr
Rainfall Intensity at Regional Tc, I = 3:45 inchlltr
Rainfall Intensity at User -Defined Tc, I 4 inch hr
UD-Rational v1.02a.xls, Tc and PeakQ
5-yr
Runoff
Coeff
C-5
output
0.08
NRCS
Convey-
ance
input
N/A
7.00
Flow
Velocity
V
fps
output
0.89
3.36
Flow
Time
Tf
minutes
output
1865,
12.91
Computed Tc =
Regional Tc =
User -Entered Tc =
31.56
30.00=
30.00
Peak Flowrate, Qp = - , 228.61 cfs
Peak Flowrate, Qp = 235.59. cfs
Peak Flowrate, Qp = 23559 cfs
3/20/2007, 1:12 PM
NORTH
AMERICAN
GREEN
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1044ortstrieed SOLUTIONS
114840 HIGHWAY 41 NORTH
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800-772-2040
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CHANNEL INSTAINSTALLATION
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1. PREPARE SO,L BEFORE RN81ALUIiNO ROLLED EROSION 1ON NNIIOL N GP A1NY AP91WCA1 Or LINE. IFERTLIZER, AND
NOTE: 'SHEN NSINO DELL-0-SEED CO NOT SEED PRIMMM Ate. CIB IL YSN MEIN RIPER SIDE DOWN.
IDOENOED SETOFFS THE UP -SLOPE PORTION OF THE Most ANCHOR lc i A TRESICH INRYI - . ray 1r (30051,0114
Fifa'', BAix OVEN MO AND SOL SECURE PEW* ovER ooleASCIED SOR., WM A IRO" DF sTAPLEWSTAKES gum) ApPRo
AGROSFE iiit SIMI Or THE
CF141E1 RtcP's IN maw OF *Arm iE vor iiN BOTTOM or COMM_ IMPA FELL UNROLL ERN APPROPRIATE SIDE AOAONSNT THE SOIL Siam& Al "A, MUST RE SECURELY rippler, TO SOIL 15,11FACE 8Y PLACRNO x M E' IN APPROPRIATE LOCATNOONs As SINTAN IN THE SEAPIR PATTERN OkACE,
Imo THE DOT MEN , sT SNNONR.O BE • EAWO
* -. S�• M Or TFRL mono Erns 00 TO NE APPK0POMATE STAPLE PATTERN.
4. ' Th WI ENO MO END
S MTNA*(1 0 CAN -15 CM) WSW. USE A DOUBLE IRON' OF !STAPLES '81' r^ra-aau1 q" (u0 C'LN,
ON corm
�• t AT TOP OF SIOE SLOPES MUSH' IBE ANCHORED 'NTTNN A ROW OF SINR S/$TAKES APPR0101JUATELY 12" (30 APART IN A 4" (118 N
f1� Mel DEEP x N E3 1 TRENCH. BWVKKPILL AND CYSWAC1r THE TRENCNN ATT!ER supusa
8, rair ttir Mr. MUST RE OVERLAPPED APPRONNAT>}71;+r' T' — 4" (E (54 -12.3 'CM) (01EPINDING 0NI ii cre repo AMio STAKED.
7.stroonow IN HAI MOST
A 10 DMI AND (10CENTER WON *Or THE CHAN3.0 To T NEl FOOT (R IAtl S MI) USE A NE01MN ,OF S1 API ES
I+,, TINE MOM&ENTO OF THE POOP'. MUST' BE ANCHORED 'WITH A ROW Or STAPLES/PAM APPROXIMATELT 12' (30 CM) APART OM A 5" (15 CAI) DEEP x'. 5"' (15 CI)
I COE MOM. INCIEFEL AND 1COMPAOT THE TRENCH AFTER STAPUNC..
NNOTC
*' IN LOOSE 502, 00M'OETRINS. THE DOSE OF STAR OR S' AE LEONIi143 ORNfATER THAN NO" (13 C4 VAT BE MIECESSAAY TO PROPERLY AWCOOOR THE PEE7 &
- 1e.15 C110
•
REV. 01105
STAPLE PATTERN GUIDE
6.67' (2.03 M) WIDE ROLLS
NORTH
AMEICAN
GREEN
EROSION CONTROL Products
Guaranteed SOLUTIONS
14649 HIGHWAY 41 NORTH
EVANSVILLE. IN 47725
800-772-2040
www.nagreen.com
0.7 STAPLES PER SQ. YD.
(0.8 STAPLES PER SQ. M)
1.15 STAPLES PER SQ. YD.
(1.35 STAPLES PER SQ. M)
O
3.3' (1.0m)
3.4 STAPLES PER SQ. YD.
(4.1 STAPLES PER SQ. M)
3.3' (1.0m)
©
1.7 STAPLES PER SQ. YD.
(2.0 STAPLES PER SQ. M)
1.6' (0.5m)
3.3' (1.0m)
10* (0.25m)
3.3' (1.0m)
3.75 STAPLES PER SO. YD.
(4.5 STAPLES PER SQ. M)
REV. 01/05
JOB NAME:
A:
� p
VAN HORN ENGINEERING AND SURVEMG
1043 Fish Creek Road — Este: Pork, CO 80517
586..,,.93 8 Fax: (970) 586 81 O' --- vhe airbit; .cam
JOB NO.:
SHEET OF'.
Br
II 'jI
!I'I
IId
III
I it -I
ESTES VALLEY
BOARD OF ADJUSTMENT
APPLICATION
Submittal Date: April 25, 2007
:`.`.'"iC"f6'NI 16IttiC"V PiTtA'6' Ctt
Record Owner(s): Mark D. & Rebecca J. Elrod
Street Address of Lot: 675 Summerset Court
Legal Description Lot: 6 Block:
Subdivision: Re lat of Lot 1 Homestead Subdivision
Parcel ID # 3`22 _2 - Section Township
MA Y001
Tract:
Ran
Lot Size .9748 Acres Zoning Estate-E
Existing Land Use Undevelo ed
Proposed Land Use Sin': 1. e , mil „ Residence
Existing Water Service r Town '°" Well r Other (Specify)
Proposed Water Service I Town i' w. Well r Other (Specify)
Existing Sanitary Sewer Service '" EPSD g UTSD I° Septic
Proposed Sanitary Sewer Service I .. EPSD TX UTSD I„ Septic
Existing Gas Service [X Xcel i""" Other' None
Site Access (if not on public street)
Are there wetlands on the site?
Yes
-rsections s deance sirrededSSectioopment ccide ti 1.9.D. L.aa,,
Bu u. n 7�
Preservation of Vegetation.
:a r k a"rM ri
r No
#A #,:Variance from the followin Develo'r went Co
�;';rghibitedctivities. Sect lop .7.6.G.
Name of Primary Contact Person Ito ger M. Thor Architect, Thor Associates PC
Mailing Address PO Box 29, Estes Par , CO - I'
•
•
•
Application fee (see attached fee schedule)
EX Statement of intent (must comply with standards set forth in Section 3.6.0 of the Estes Valley Development Code)
¥ 1 copy (folded) of site plan (drawn at a scale of 1" = 20')
flit 1 reduced copy of the site plan (11" X 17")
jC Names & mailing addresses of neighboring property owners (see attached handout)
The site plan shall include information in Estes Valley Development Code Appendix B.VII.5 (attached).
The applicant will be required to provide additional copies of the site plan after staff review
(see the attached Board of Adjustment variance application schedule). Copies must be folded.
Town of Estes Park -e, P.O. Box 1200 170 MacGregor Avenue .. Estes Park, CO 80517
Community Development Department Phone: (970) 577-3721 .es Fax: (970) 586-0249 .. www.estesnet.com/ComDev
Contact Information
Primary Contact Person is I "°` Owner Ef Applicant V Consultant/Engineer
Record Owner(s)
Mailing Address
Phone
Cell Phone
Fax
Email
Applicant
Mailing Address
Phone
Cell Phone
Fax
Email
Mark D & Rebecca J. Elrod
277 Larimore Valley Drive, Wildwood, MO 63005.4014
636.537.8534
314.58 0.784 8
6.36.530.0260
hellomark@hughes .net
Roger N. Thorp. Architect, Thorp Associates PC
PO Box 129. Estes Park. CO 80517
970.586.9528
970:679. 7811
970.586.4145
roger@thorpassoc.com
Consultant/Engineer John Spooner, PE, Van Horn Engineering
Mailing Address 1043 Fish Creek Rd, Estes Park, CO 80517
Phone 970.586.9388 x 15
Cell Phone
Fax
Email
APPLICATION FEES
For variance applications within the Estes Valley Planning Area, both inside and outside Town limits
See the fee schedule included in your application packet or view the fee schedule onlline
at www.estesnet.com/ComDev/Schedules&Fees/PlanningAppiicationFeeSchedule.pdf.
All requests for refunds must be made in writing. All fees are due at the time of submittal.
APPLICANT CERTIFICATION
► i hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing the application I am acting with the knowledge and consent of the Owners °of thepropertr-°-mm° --
► In submitting the application materials and signing this application agreement, I acknowledge and agree that the
application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley
Development Code (EVDC).
► I acknowledge that I have obtained or have access to the EVDC, and that, prior to filing this application, I have had the
opportunity to consult the relevant provisions governing the processing of and decision on the application.
(The Estes Valley Development Code is available online at www.estesnet.com/ComDev/DevCode.)
► I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by
the Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC.
► I understand that this variance request may be delayed in processing by a month or more if the information provided is
incomplete, inaccurate, or submitted after the deadline date.
► I understand that a resubmittal fee will be charged if my application is incomplete.
► The Community Development Department will notify the applicant in writing of the date on which the application is
determined to be complete.
• 1 grant permission for Town of Estes Park Employees and Members of the Board of Adjustment with proper
identification access to my property during the review of this application.
0. 1 acknowledge that I have received the Estes Valley Board of Adjustment Variance Application Schedule and that
failure to meet the deadlines shown on said schedule shall result in my application or the approval of my application
becoming NULL and VOID. 1 understand that full fees will be charged for the resubmittal of an application that has
become null and void.
► I understand that I am required to obtain a "Variance Notice" sign from the Community Development Department and
that this sign must be posted on my property where it is clearly visible from the road. I understand that the corners of
my property and the proposed building/structure corners must be field staked. I understand that the sign must be
posted and the staking completed no later than ten (10) business days prior to the Estes Valley Board of Adjustment
hearing.
• 1 understand that if the Board of Adjustment approves my request, "Failure of an applicant to apply for a building
permit and commence construction or action with regard to the variance approval within one (1) year of
receiving approval of the variance shall automatically render the decision of the BOA null and void." (Estes
Valley Development Code Section 3.6.D)
Names:
Record Owner PLEASE PRINT: N1ar k 1 . C t co4 la•As ecc o, 3. El roe(
Applicant PLEASE PRINT: Roger M. Thorp, AIA, Architect of Record
Signatures:
Record Owner
Applican
Thorp Associates, PC, Architects and Planners
NAIL Date R t)RlL 2J , 2007
•• '�. Date 4p-/ 1 a a t07-
Revised 10/13/06
General Provisions § 1.9 Rules of Measurement
angles to the setback line. Setbacks shall be unobstructed from the ground to the
sky except as otherwise specifically allowed in this Section. See Figure 1-2.
b. Features Allowed Within Building Setbacks:
(1) Cornices, canopies, eaves or other similar architectural features, provided
they extend no more than three (3) feet into a required setback or yard;
(2) Driveways and sidewalks, provided that the edge of a driveway shall be set
back at least three (3) feet from an adjacent property line unless owners of
abutting properties agree in writing that the edge may be closer to or abut
their common property line;
(3) Fences or walls subject to height and other restrictions set forth in this Code;
(4) Patios and decks, uncovered and at -grade, provided they do not extend more
than thirty percent (30%) of the required setback distance to any required
setback. See Figure 1-2;
(5)
Steps to the principal entrance and necessary landings, together with railings,
that comply with the Uniform Building Code, provided they do not extend
more than six (6) feet into the required setback;
Landscaping;
Trees, vegetation or other features of natural growth; and
Utility lines, wires and associated structures within a utility easement.
Signs that comply with applicable sign regulations. (Ord. 8-05 #1)
Postal boxes. (Ord. 8-05 #1)
Parking lots that comply with landscaping standards set forth in §7.5.G,
"Parking Lot Landscaping." (Ord. 8-05 #1)
c. Front Setbacks on Comer Lots and Double -Frontage Lots: For comer lots and
double -frontage lots, all sides of the lot with street frontage shall be required to
establish the applicable front yard setback. See Figure 1-2. (Ord. 8-05 #1)
d. Intersection and driveway sight visibility: Intersection and driveway sight visibility
shall comply with the requirements of Appendix D, Section IV.0 (Intersection and
Driveway Visibility). (Ord. 18-01 #1)
Development Setbacks from River and Stream Corridors and Wetlands.
a. Stream and River Corridors. Development setbacks shall be measured as the
distance between the delineated stream or river corridor, as set forth in §7.6.D.2,
and the furthermost projection of a building or structure along a line at right angles
to the setback line. Setbacks shall be unobstructed from the ground to the sky
except as otherwise specifically allowed in §7.6.D of this Code. See Figure 1-2.
b. Wetlands. Development setbacks shall be measured as the distance between the
delineated wetland edge, as set forth in §7.6.D.3, and the furthermost projection of
a building or structure along a line at right angles to the setback line. Setbacks
shall be unobstructed from the ground to the sky except as otherwise specifically
allowed in §7.6.D of this Code. See Figure 1-2.
Supp. 6 1.6
General Development Standaro § 7.5 Landscaping and Buffers
J. Maintenance Requirements.
1. Maintenance Required. Required landscaping shall be maintained in a healthy,
growing condition at all times. The property owner is responsible for regular irrigating,
pruning, weeding, mowing, fertilizing, replacement of plants in poor condition and other
maintenance of all plantings as needed.
2. Maintenance of Landscape Structures. Where walls, fences or other structures are an
integral part of the landscape plan, such structures shall be maintained in good repair.
Fences that are leaning, broken, have missing pieces, peeling paint or are in any other
way damaged shall be immediately repaired or replaced. Walls with missing bricks or
blocks, crumbling mortar or other aesthetic or structural defects shall be immediately
repaired.
3. Replacement. The following plant material conditions require plant removal and
replacement:
a. Deciduous trees and shrubs that fail to produce leaves on more than fifty percent
(50%) of the plant by July 1st of the calendar year.
b. Evergreen trees and shrubs with needle loss or browning over more than fifty
percent (50%) of the tree.
c. Damaged plant materials that have split trunks, Toss of major branch structure, loss
of leader shoot or other damage that a certified nurseryman confirms will ultimately
cause the premature death of the plant.
d. Diseased, insect -infested or parasite -infested plants that cannot be adequately
treated to prevent premature death or to prevent contamination of other plant
materials.
e. Removal and replacement shall occur during the same growing season in which
plant material exhibits at least one (1) of the above conditions. Where seasonal or
adverse weather conditions make replanting or replacement within such a time
period impractical, Staff may grant an extension and may require adequate fiscal
assurance, if needed, from the Applicant or owner to assure replacement. (Ord.
8-05 #1)
4. Enforcement. All plantings shall be subject to periodic inspections to ensure
compliance with this regulation and the approved landscape plan. Failure to comply
with the Maintenance Plan shall be a violation of this Code, subject to the enforcement
and penalties provisions set forth in Chapter 12.
(Ord. 8-05 #1, 6/14/05)
§ 7.6 WETLANDS AND STREAM CORRIDOR PROTECTION
A. Purpose and Intent. The following requirements and standards are intended to promote,
preserve and enhance the important hydrologic, biological, ecological, aesthetic,
recreational and educational functions that stream and river corridors, associated riparian
areas and wetlands provide.
Supp. 6 7.27
General Development Standards § 7.6 Wetlands and Stream Corridor Protection
B. Applicability. This Section shall apply to all new development, except for the following
development or activities:
1. Agricultural activities such as soil preparation, irrigation, planting, harvesting, grazing
and farm ponds;
2. Maintenance and repair of existing public roads, utilities and other public facilities
within an existing right-of-way or easement;
3. Removal of noxious weeds;
4. Maintenance and repair of flood control structures and activities in response to a flood
emergency; and
5. Wetland and wildlife habitat restoration, creation and/or enhancement that improves
the wetland function provided that the proposed activity is approved by the appropriate
agency such as the U.S. Army Corps of Engineers or the Colorado Division of Wildlife.
(Ord. 2-02 #5)
C. Other Regulations.
1. This Section does not repeal or supersede any existing federal, state or local laws,
easements, covenants or deed restrictions. When this Section imposes a higher or
more restrictive standard than found in another applicable ordinance, statute or
regulation, this Section shall apply.
2. No person shall engage in any activity that will disturb, remove, drain, fill, dredge, clear,
destroy or alter any area, including vegetation, within a wetland that falls in the
jurisdiction of the federal government and its agencies, except as may be expressly
allowed under applicable federal laws or regulations.
(Ord. 8-05 #1)
D. Boundary Delineation.
1. Qualified Professional. Stream/river corridor and wetland area delineation shall be
performed by a qualified professional that has demonstrated experience necessary to
conduct site analysis. Delineations shall be subject to Staffs approval.
2. Stream and River Corridor Boundaries. Stream and river condors shall be delineated
at the annual high-water mark, or if not readily discernible, the defined bank of the
stream or river, as those terms are defined in Chapter 13 of this Code. Regulated
stream and river corridors shall include only those streams and rivers as identified on
the Stream and River Corridor Resource Map found in Appendix A. The rivers
delineated on the Stream and River Corridor Resource Map are the Big Thompson and
Fall River. Streams delineated on the Map include various named and unnamed
streams and minor drainages, some of which are intermittent. (Ord. 2-02 #5)
3. Wetland Boundaries.
a. Maimed Wetlands. Boundary delineation of wetlands shall be established by
reference to one (1) of the following wetland maps and identification documents,
which are available for reference in the Town of Estes Park Community
Development Department and which are hereby adopted and incorporated by
reference into this Code:
Supp. 6 7.28
General Development Standards § 7.6 Wetlands and Stream Corridor Protection
(1) National Wetlands Inventory prepared by the U. S. Department of the Interior,
Fish and Wildlife Service; and
(2) Colorado Natural Heritage Program maps.
b, Unmapped Wetlands. The review of a development proposal may discover a
potential wetland that has not been mapped or for which the boundaries have not
been clearly established. In such instances, the Applicant shall retain a qualified
wetland expert to delineate the boundaries of the wetland according to accepted
professional standards.
E. Buffer/Setback Areas.
1. Stream or River Corridors.
a. Buildina/Structure Setbacks.
(1) Stream Corridors (except in the CD zoning district). All buildings and
accessory structures shall be set back at least thirty (30) feet horizontally
(plan view) from the annual high-water mark of stream corridors, or if not
readily discernible, from the defined bank of the stream. Where defined
banks are not readily discernible, the setback shall be measured from the
thread of the stream. See Figure 7-10. (Ord. 2-02 #5)
Supp. 6 7-28a
General Development Standa!L... § 7.6 Wet,.,,., , and Stream Corridor Protection
b. Parking Lot Setbacks. Except in the CD zoning district, parking lots shall be set
back at least fifty (50) feet horizontally (plan view) from the annual high-water mark
of stream or river corridors, or if not readily discernible, from the defined bank of
the stream or river. In the CD district, parking lots shall be set back at least twelve
(12) feet from the delineated edge of the river or stream corridor.
2. Wetlands.
a. To the maximum extent feasible, wetlands shall not be included as part of a platted
development lot.
b. All buildings, accessory structures and parking lots shall be set back at least fifty
(50) feet horizontally (plan view) from the delineated edge of a wetland. See
Figure 7-10 above. Development on lots that were approved for single-family
residential use prior to the adoption of this Code shall be exempt. (Ord. 2-02 #5;
Ord. 18-02 #1)
3. Private Open Areas and Landscaping Credit. Ali stream corridor and wetland setback
areas shall be credited toward any relevant private open areas requirements or
landscaping and buffer requirements.
F. Development Standards.
1. Prohibited Activities. No person shall engage in any activity that will disturb, remove,
fill, drain, dredge, clear, destroy or alter any area, including vegetation, within stream or
river corridors, wetlands and their associated buffer/setback areas, except as may be
expressly allowed in this Section or Code.
2. Utilities. Utilities may be allowed in a buffer/setback area only if the Decision -Making
Body determines that there is no practical alternative. Any disturbance of the buffer
area shall be reclaimed by regrading and revegetation. Provisions for reclamation of
the disturbed area shall be included in any development or improvements agreement
for the project, with adequate collateral to guarantee that the reclamation will be
completed. Utility corridors in buffer/setback areas shall be located at the outside edge
of the area and access roads for maintenance of utilities shall be located outside the
buffer/setback area. Access for maintenance of utilities in buffer/setback areas should
be at specific points rather than parallel to the utility corridor.
3. Recreation, Education or Scientific Activities. Structures and improvements for
recreational, educational or scientific activities such as trails, fishing access and wildlife
management and viewing may be permitted in a buffer/setback area provided that a
management plan that establishes long-term protection of the buffer/setback area is
submitted and approved.
••••÷G. Preservation of Vegetation. All existing vegetation within the stream/river corridor or
wetland buffer/setback area shall be preserved, and where necessary to provide adequate
screening or to repair damaged riparian areas, supplemented with additional native planting
and landscaping.
H. Wetland Mitigation Requirements,
1. Restoration shall be required according to an approved wetland mitigation plan when a
wetland or its buffer is altered in violation of law or without specific permission or
approval by the Decision -Making Body.
Supp. 4 T_30
Standards for 1:24,000-Scale Digital Line Graphs and Quadrangle Maps
Part 2: Hydrography
STREAM/R1VER - A body of flowing water.
ATTRIBUTE/ATTRIBUTE VALUE LIST
Elevation
The vertical distance from a given datum
(Integer Value) Minimum Value: 1289
Maximum Value: 29030
Precision: 0
Length: 5
Increment: 1
Units: feet
Stage Height of water surface
Normal Pool
Not Applicable
Hydrographic Category
Intermittent
Perennial
Photorevision Category
Not Photorevised
Photorevised
EIII
The stage of an artificially impounded water body that prevails
for the greater part of the year
The attribute does not apply and therefore cannot be valued
Portion of the year the feature contains water
Contains water for only part of the year, but more than just
after rainstorms and at snowmelt
Contains water throughout the year, except for infrequent
periods of severe drought
Whether or not a feature was added or modified as part of a
photorevision assignment
Feature was compiled from aerial photographs and other
sources as part of a revision assignment that included field
checks, if required
Feature was compiled from aerial photographs and other
sources as part of a revision assignment that did not include
field checks
Positional Accuracy The accuracy within which a feature can be confidently
positioned
Definite
Conditions pennit the feature to be confidently positioned.
Horizontal data are confidently positioned within 0.02", at
map scale, of the true ground position. Vertical data are
4/96 Version 1.0 2-231
Standards for 1:24,000-Scale Digital Line Graphs and Quadrangle Maps
Part 2: Hydrography STREAM/RIVER
Indefinite
confidently positioned within one-half contour interval of the
true ground position
Conditions prevent the feature from being confidently
positioned. Horizontal data cannot be confidently positioned
within 0.02", at map scale, of the true ground position.
Vertical data cannot be confidently positioned within one-half
contour interval of the true ground position
Not Applicable The attribute does not apply and therefore cannot be valued
DELINEATION
The limit of a perennial STREAM/RIVER is the position of the shoreline when the water is at the stage that
prevails for the greater part of the year.
The limit of an intermittent STREAM/RIVER is the position of the shoreline when the water is at the stage that
prevails when the feature is at or near capacity.
The upper limit of STREAM/RIVER is where the feature first becomes evident as a channel.
The limit of STREAM/RIVER where it enters or leaves LAKE/POND is determined by the conformation of the
land.
The limit of STREAM/RIVER where it enters SEA/OCEAN is where the conformation of the land and water
make the division obvious, or, if the land and water do not suggest an obvious limit, the limit is where the
stream reaches a width of 1 nautical mile (6076.1 feet or 1.15 statute miles) with no further constrictions.
The limit of STREAM/RIVER where it enters ESTUARY is where ESTUARY ends.
Version 1.0 2-232
Standards for 1:24,000-Scale Digital Line Graphs and Quadrangle Maps
Part 2: Hydrography
REPRESENTATION RULES
Feature Object Representation, Composition, and Relationship Table
ST
A
IVER
RELATIONSHIPS
INSTANcs..S
(CARDINALITY)
WITH OBJECT
Connects To
CONNECTOR
JUNCTION
Flows To
CONNECTOR
JUNCTION
Is Above
UNDERPASS
Representation Conditions
KIND OF FEATURE
OBJECT
AREA
SHORTEST
LONGEST
0-dimensions]
1-dimensional
<0.025"
2-dimensional
a 0.025"
Special Conditions:
To accommodate variations in the shortest axis of STREAM/RIVER:
If shortest axis of STREAM/RIVER is:
< 0.025" but x 0.01" for a distance < 2.64", and is connected at both ends to a 2-dimensional
STREAM/RIVER,
Then STREAM/RIVER is represented as a 2-dimensional basic feature object.
<0.025" but a 0.01" for a distance x 2.64", or < 0.01" regardless of distance, and is connected at both
ends to a 2-dimensional STREAM/RIVER,
Then STREAM/RIVER is represented as a 1-dimensional basic feature object.
0.025" but < 0.04" for a distance < 2.64", and is connected at both ends to a 1-dimensional
STREAM/RIVER,
Then STREAM/RIVER is represented as a 1-dimensional basic feature object.
a 0.025" but < 0.04" for a distance a 2.64", or a 0.04" regardless of distance, and is connected at both
ends to a 1-dimensional STREAM/RIVER,
Then STREAM/RIVER is represented as a 2-dimensional basic feature object.
Version 1.0 2-233
Standards for 1:24,000-Scale Digital Line Graphs and Quadrangle Maps
Part 2: Hydrogtaphy ST ' °IVER
DATA EXTRACTION
Capture Conditions
If STREAM/RIVER flows from LAKE/PONT) or SPRING/SEEP,
Or
If STREAM/RIVER is x 1.25" along the longest axis,
Or
If STREAM/RIVER is perennial and is in an arid region,
Then capture.
Attribute Informalioll
If the water level of STREAM/RIVER is controlled for navigation by DAM/WEIR or GATE with Gate
Type = Lock,
Then Elevation = (Integer Value),
Else Elevation = Not Applicable.
If STREAM/RIVER coincides with LOCK CHAMBER,
Then Elevation = Not Applicable.
If STREAM/RIVER is represented as a 2-dimensional basic feature object,
Then Positional Accuracy = Not Applicable.
Source Interpretation Guidelines
All
4/96
If STREAM/RIVER is part of WATERCOURSE,
Then collect a name with WATERCOURSE.
See Appendix 2A for location of arid regions.
In and areas it is difficult to distinguish between narrow intermittent and ephemeral drains and no
distinction will be made. All drainages < 0.025" are collected as 1-dimensional intermittent streams.
Thin drainage in arid areas to appropriately represent the "wetness" of the area. Rules for thinning
intermittent streams in arid areas will be documented as more information becomes available.
If STREAM/RIVER intersects the quadrangle boundary and an overedge source is not available to aid
in determining length,
Then capture STREAM/RIVER, regardless of length.
If a portion of STREAM/RIVER flows through SWAMP/MARSH,
Then select the appropriate Hydrographic Category according to the definitions given.
Do not capture areal dry washes, arroyos, dry gulches and ephemeral streams as STREAM/RIVER.
Version 1.0 2-234
Standards for 1:24,000-Scale Digital Line Graphs and Quadrangle Maps
Part 2: Hydrography STREAM/RIVER
See WASH.
The minimum size for islands within STREAM/RIVER is 0.03" along the shortest axis.
If a stream flows in a braided pattern,
Then see AREA OF COMPLEX CHANNELS.
Graphic
If STREAM/RIVER flows from SPRING/SEEP,
Then capture STREAM/RIVER starting at the center of SPRING/SEEP symbol.
Revision - General
If the headwaters of STREAM/RIVER are closer than 0.5" from a saddle or divide,
Then capture STREAM/RIVER starting 0.5" from the saddle or divide.
If image shows lower than average water level,
Then capture STREAM/RIVER at a normal pool or average water level by using ancillary sources or
evidence of water marks on images.
If image shows lower than average water level and the average water elevation or normal pool
elevation cannot be determined,
Then capture STREAM/RIVER at the visible edge of the water body.
If image shows higher than average water level,
Then capture STREAM/RIVER at a normal pool or average water level by using ancillary sources.
If image shows higher than average water level and the average water elevation or normal pool
elevation cannot be determined,
Then capture STREAM/RIVER at the visible edge of the water body.
Revision - Standard
Revision - Limited
Do not add new features. Modify existing features only if there are obvious changes in the stream
channel.
Use ancillary source if Elevation is required.
Value Hydrographic Category by looking at the surrounding drainage.
Version 1.0 2-235
Standards for 1:24,000-Scale Digital Line Graphs and Quadrangle Maps
Part 2: Hydrography STREAM/RIVER
DATA EXTRACTION OR PRODUCT GENERATION at 1:24,000 scale
Inclusion Conditions
All required
Generalization
PRODUCT GENERATION at 1:24,000 scale
Symbolization
Attribute Value
Hydrographic Category Perennial Line
Color: Slue
Positional Accuracy Definite Lineweight: 0.008"
Symbol#: STREAM_RIVER_.001
Dimension: 1
Symbol Specs Type Specs
N/A
Symbol#. STREAM_R1VER_LA02
Dimension: 1
Attribute Value Symbol Specs Type Specs
Hydrographic Category Perennial Dashed Lane N/A
Colon Blue
Positional Accuracy Indefinite Lineweight: 0.008"
Dash Length: 0.07"
Dash Spacing: 0.02"
4/96 2-236
Standards for 1:24,000-Scale Digital Line Graphs and Quadrangle Maps
Part 2: Hydrography
STREAM/RIVER
Symbol#. STREAM_RI VER_L003
Dimension: 1
Attribute Value Symbol Specs Type Specs
Hydrographic Category Intermittent Line
Color. Blue
Positional Accuracy Definite Lineweight: 0.004"
N/A
Symbol#: STREAM_tIVER_LA04
Dimension: 1
Attribute Value Symbol Specs Type Specs
Hydrographic Category Intermittent Dashed Line N/A
Coor: Bue
Positional Accuracy Indefinite Lineweight: 0.004"
Dash Length: 0.07"
Dash Spacing: 0.02"
Symbol#: STREAM_RIVER_A001
Dimension: 2
Attribute Value Symbol Specs Type Specs
Elevation (Integer) Area Fill Elevation and Label:
Co� oue Color. Blue
Hydrographic Category Perennial Screen: 8%, 120-line Style: UI CAPS
at 105 Size: 5
Spacing: 0
Standards for 1:24,000-Scale Digital Line Graphs and Quadrangle Maps
Part 2: Hydrography
STREAM/RIVER
Symbol#: SfREAM_tIVER_1002
Dimension: 2
Attribute Value Symbol Specs Type Specs
Elevation Not Applicable Area Fill N/A
Colon Blue
Hydrographic Category Perennial Screen: 8%, 120-line
at 105'
Symbol#: STREAM_RIVER_A003
Dimension: 2
Attribute Value Symbol Specs Type Specs
Hydrographic Category Intermittent Area Fill N/A
CoT Blue
Pattern: USGS 17
Conflict Detection and Resolution
Conflict detection and resolution rules are being developed. Additions and modifications to the rule set will
continue until all features are completed.
Names and Labels
Selection and placement rules are being developed. Additions and modifications to the rule set will
continue until all features are completed.
Selection
TBD
Placement
TBD
EXAMPI .F,C
Douglas North, GA (Indefinite STREAM/RIVER in swamp)
Ennis Lake, MT (Fletcher Channel)
Standards for 1:24,000-Scale Digital Line Graphs and Quadrangle Maps
Part 2: Hydrography WASH
WASH - The usually dry portion of a stream bed that contains water only during or after a local rainstorm or heavy
snowmelt.
ATTRIBUTE/ATTRIBUTE VALUE LIST
Name Proper name, specific term, or expression
(Alphanumeric) Length Value: 99
Unspecified The value is not known and is not required
Photorevision Category Whether or not a feature was added or modified as part of a
photorevision assignment
Not Photorevised
Photorevised
Feature was compiled from aerial photographs and other
sources as part of a revision assignment that included field
checks, if required
Feature was compiled from aerial photographs and other
sources as part of a revision assignment that did not include
field checks
DELINEATION
The limit of WASH is the cut banks of the dry channel.
REPRESENTATION RULES
Feature Object Representation, Composition, and Relationship Table
RELATIONSHIPS
INSTANCES
(CARDINALITY)
WITH OBJECT
Representation Conditions
KIND OF FEATURE
OBJECT
AREA
SHORTEST
LONGEST
0-dimensional
1-dimensional
2-dimension!
a 0
Special Conditions:
Version 1.0
2-265
Standards for 1:24,000-Scale Digital Line Graphs and Quadrangle Maps
Part 2: Hydrography
DATA EXTRACTION
Capture Conditions
WASH
If WASH is > 0.025" along the shortest axis, and is "> 1,25" along the longest axis, and is greater than or
equal to two times the width of any STREAM/RIVER within the WASH, and is in an arid region,
Then capture.
Attribute Information
Source Interpretation Guidelines
All
Capture the stream bed portion of the channel that contains water more than just during or after local
rainstorms or heavy snowmelt as STREAM/RIVER.
If WASH is captured,
Then also capture BARREN LAND (Nonvegetative Surface Cover Theme),
If WASH contains STREAM/RIVER,
Then capture both.
Sand areas that do not meet capture conditions for WASH and which are associated with
STREAM/RIVER may be considered for capture as just the feature BARREN LAND. (Nonvegetative
Surface Cover theme)
If WASH is < 0.025" along the shortest axis,
Then capture as STREAM/RIVER with Hydrographic Category = Intermittent, if capture conditions
for STREAM/RIVER are met.
See Appendix 2A for location of arid regions.
Graphic
If a wash is represented as a single brown line, or as a sand area that is too small to meet capture
conditions,
Then capture STREAM/RIVER with Hydrographic Category — Intermittent if capture conditions for
STREAM/RIVER are met.
Revision - General
Revision - Standard
4/01 Version 1.0 2-266
Standards for 1:24,000-Scale Digital Line Graphs and Quadrangle Maps
Part 2: Hydrography WASH
496
Revision - Limited
Do not add new features. Modify existing features only if there are obvious changesin the stream.
Version 1.0 2-267
Standards for 1:24,000-Scale Digital Line Graphs and Quadrangle Maps
Part 2: Hydrography
DATA EXTRACTION OR PRODUCT GENERATION at 1:24,000 scale
Inclusion Conditions
All required
Generalization
PRODUCT GENERATION at 1:24,000 scale
Symbolization
Attribute
Name
Value
Symbol Specs
(Alphanumeric) or N/A
Unspecified
WASH
Symbol#: WASH_A001
Dimension: 2
Type Specs
Name:
Color. Blue
Style: SLI CAPS or
C/lc
Size: 10-12
Spacing: 0-3
Conflict Detection and Resolution
Conflict detection and resolution rules are being developed. Additions and modifications to the rule set will
continue until all features are completed.
Names and Labels
Selection and placement rules are being developed. Additions and modifications to the rule set will
continue until all features are completed.
Selection
TBD
Placement
TBD
4196 2-268
Standards for 1:24,000-Scale Digital Line Graphs and Quadrangle Maps
Part 2: Hydrography WASH
EXAMPLES
Carrisito Spring, AZ -NM
Casa Grande East, AZ (All blue drainage, some may be WASHES)
Ceadro Spring, AZ
Chandler Heights, AZ (All blue drainage, some may be WASHES)
Cherry Spring Peak, AZ (Brown ephemeral drains and broad sand areas)
Devore, CA
Jarvis Peak, UT -AZ (Heavy drainage pattern in area of high relief)
Mountain Springs, NV (2-D sand area interlaced with 1-D channels)
Murphys Well, NV (Brown ephemeral drains and broad sand areas)
Piru, CA (Broad 2-D WASH)
Sisquoc, CA (Sisquoc River)
Vail, AZ
2-269
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