To: Members of the Castle Rock Water Commission
From:
Mark Marlowe, P.E., Director of Castle Rock Water
Jeanne Stevens, P.E., Engineering Manager
Title
The Technical Criteria Variance Process
Town Council Agenda Date: NA
Body
________________________________________________________________________________
Background
Staff has prepared this memo to explain the variance process in more detail for the water commission, and to provide an overview of typical variances that are considered and/or approved by development review staff on behalf of Castle Rock Water. A technical criteria variance is a variance from any one of the provisions of the Technical Manuals (Criteria). Regulations means the Castle Rock Municipal Code, (CRMC) and the Technical Manuals, inclusive of all secondary/supplemental codes and any subsequent amendments thereof. The variance process is addressed specifically in the CRMC and by reference in the Development Procedures Manual that guides the planning and approval process for development in the Town.
The Technical Manuals
The technical design specifications contained in the Technical Manuals are adopted by reference in Title 15 of the Municipal Code and include:
• Landscaping and Irrigation Performance Standards and Criteria Manual
• Transportation Design Criteria Manual
• Water System Design Criteria Manual
• Wastewater Collection System Design Criteria Manual
• Storm Drainage Design and Technical Criteria Manual
• Grading, Erosion and Sediment Control (GESC & DESC) Manual (replaced by TESC)
• Construction Methodology and Materials Manual
• International Building and Fire Codes (adopted by reference in Title 15)
The Technical Manuals govern over all Public and Private Improvements that are within, or are to be incorporated within, the corporate limits of the Town of Castle Rock, as well as any Public Improvements that may be outside of the Town's corporate limits but are integral to the planned infrastructure systems of the Town. These Manuals will be reviewed annually and updated accordingly based on new standards, technology, or procedural changes.
Intent of Technical Manuals
The Technical Manuals, as defined in Section 15.32.010 <https://library.municode.com/co/castle_rock/codes/municipal_code?nodeId=TIT15BUCOPUIM_ARTIIITOCAROTEMA_CH15.32TEMAEN_15.32.010DETE> of the CRMC, shall govern over all Public and Private Improvements that are within, or are to be incorporated in, the corporate limits of the Town of Castle Rock. These Regulations are intended to apply to any and all Public and Private Improvements that may be outside of the Town's corporate limits but are integral to the planned infrastructure systems of the Town. These Regulations shall also define standardized requirements for the benefit of all parties in order to develop and construct safe, efficient and easily maintained infrastructure systems. It is the objective of the Regulations to address the following:
• To ensure that public safety is maintained at all times and that public inconvenience is minimized to the extent possible;
• To protect the Town's infrastructure investment by establishing standardized design, materials, construction and repair criteria for all Public Improvements;
• To assure that the Town can continue to fairly and responsibly protect the public's health, safety and welfare;
All Public Improvements designed and constructed pursuant the Technical Manuals and the code shall also be in conformance with the most recent version of the Town's Master Plans and the Comprehensive Master Plan.
Unless a variance is expressly approved by the Town, the Regulations shall apply and be enforceable despite the inadvertent approval of Construction Documents that are not in conformance with the Regulations.
(Ord. 2012-16 §1, 2012)
Technical Criteria Variance Process
A technical criteria variance is a variance from any one of the provisions of the Technical Manuals.
Per the technical manuals (the Criteria), modifications to the Criteria shall require a formal variance request. Variances from the provisions of the Criteria may be considered on a case-by-case basis for specific applications only, and shall not establish a precedent for any other project or future development. Formal requests for variances from the standards, policies or requirements of the Criteria shall be submitted with documentation and justification to the Development Services Project Manager. The variance request and supporting documentation will be reviewed by Castle Rock Water (for water, wastewater and stormwater variances only), and the Director of Castle Rock Water, or his designee, will issue a formal response to the request.
Per section 15.32.050 of the CRMC, a variance to any provision in the Technical Manuals can be approved either administratively, by Town Council following applicant appeal of an administrative decision, or processed concurrently with a PD Plan or Site Development Plan (see Section 17.06.120). Variance from the provisions of the Technical Manuals are considered on a case-by-case basis for specific applications only, and shall not establish a precedent for any other project or future development.
The applicant for a variance may appeal the decision of the Manager regarding a technical criteria variance to the Town Council in accordance with Section 17.04.110 <https://library.municode.com/co/castle_rock/codes/municipal_code?nodeId=TIT17ZO_CH17.04APPRREDE_17.04.110APADAC>.
The Manager, or the Town Council on an appeal, may approve a variance if one or more of the following review criteria are met:
• The standards may be met by an alternative method that is demonstrated to have an equivalent or better function and meet the same objective.
• Physical constraints exist, such as steep topography, existing infrastructure or other natural hazards, which limit the ability to install the improvements, would limit healthy plant growth, or could cause safety concerns.
• Site conditions, including geology, topography, indigenous soils, or issues related to environmental impacts or wildlife habitat may be better addressed through the alternative proposal.
(Ord. 2012-16 §1, 2012)
Appeal of Administrative Action
Any applicant aggrieved by or dissatisfied with the final administrative decision on a development project application or technical criteria variance of the Manager pursuant to Section 17.04.100 <https://library.municode.com/co/castle_rock/codes/municipal_code?nodeId=TIT17ZO_CH17.04APPRREDE_17.04.100ADAP> within fifteen (15) days following the date of such decision, may appeal such action by filing a written notice of appeal with the Town Clerk.
• A notice of an appeal by any applicant who is aggrieved by or dissatisfied with an administrative decision on an application shall not be acted upon unless filed within fifteen (15) days following the date of action.
The notice of appeal shall set forth:
• The specific decision appealed from;
• The specific grounds of the appeal; and
• The relief or action sought from the Town Council.
An appeal triggers the processing requirements for a non-administrative application. The application shall be reviewed by the Planning Commission and Town Council in the same manner prescribed elsewhere in Chapter 17 of the CRMC.
• (Ord. No. 2019-028 <https://library.municode.com/co/castle_rock/ordinances/municipal_code?nodeId=983934>, § 1, 9-17-2019)
Summary
All variances are reviewed and recommended for Director approval by at least one division manager (Engineering Manager, Stormwater Manager, and/or Business Solutions Manager), prior to be sent to the Assistant Director and the Director of Castle Rock Water for final approval. The following table summarizes the variances approved with respect to water, wastewater, stormwater, landscape and irrigation, and erosion control standards. The attached exhibits provide more specific details with respect to the variances approved by type and subtype.
|
|
2018 |
2019 |
2020 |
|
Stormwater |
16 |
23 |
9 |
|
Water |
4 |
7 |
11 |
|
Wastewater |
1 |
8 |
4 |
|
Landscape & Irrigation |
1 |
3 |
5 |
|
Multiple Utilities |
0 |
7 |
2 |
|
TESC/GESC |
0 |
1 |
1 |
|
TOTAL |
22 |
49 |
32 |
|
Grand Total |
|
|
103 |
Attachments
Attachment A: Variances by Type for 2018-2020
Attachment B: Variance by Sub-type for 2018-2020
Attachment C: Summary of 2018 Approved Variances
Attachment D: Summary of 2019 Approved Variances
Attachment E: Summary of 2020 Approved Variances