HomeMy WebLinkAbout11/20/2025 - Water Commission - SUPPLEMENTAL DOCUMENTS - Regular MeetingWater Commission
Floodplain Variance for
Advanced Energy
1625 Sharp Point Dr.
November 20, 2025
City Staff Presentation
2Building Permit Submittal - B2503313
Advanced Energy requests a variance to
certain requirements in City Code:
10-76(3)a. – Remodeling or repair of a
structure is allowed, provided that, after
completion of any cumulative substantial
improvement, all applicable requirements,
including, but not limited to, the
requirements of 10-37, are met.
10-37 – Requirement to Elevate
10-76(9) and 10-48 – Requirement for
Emergency Response & Preparedness Plan
(ERPP)
3Variance Request
1.Approve a variance from the requirements to elevate a cumulative
substantial improvement that is to be constructed at 1625 Sharp Point Drive
in the Zone AE area of the FEMA Flood Insurance Rate Map (Poudre River
100-year floodplain).
2.Approve a variance from the requirement to develop an Emergency
Response and Preparedness Plan (ERPP) for a cumulative substantial
improvement that is to be constructed at 1625 Sharp Point Drive in the
Zone AE area of the FEMA Flood Insurance Rate Map (Poudre River 100-
year floodplain).
Floodplain Mapping – 1625 Sharp Point Dr.4
Effective Floodplain Map
•Poudre River Zone AE (100-year
floodplain)
RiskMAP – Preliminary Map
•Less restrictive
•Previously tentative Letter of Final
Determination (LFD) issuance date
November 12, 2025 but was delayed
•Effective Date is 6 months after issuance
of LFD
Cumulative Substantial Improvement
Poudre River Floodplain - Cumulative substantial
improvement requirement over the life of the structure
Once a structure meets the substantial improvement
threshold:
•Elevate 2 ft above the 100-year flood elevation
•As a substitute for the elevation requirement,
floodproofing is allowed for non-residential structures
•Emergency Response and Preparedness Plan
5
Floodplain Use
Permit #
Building
Permit #
Date of
Permit
Value of
Improvements
Permit #10928 B1006112 10/7/2010 $19,000
Permit #11062 B1111072 12/31/2011 $48,522
Permit #11820 B2108322 1/26/2022 $4,490,483
Permit #11884 B2202567 8/29/2022 $3,200,000
Permit #11926 B2206052 2/23/2023 $1,610,000
Permit #11941 B2310938 4/14/2023 $750,000
Pending B2503313 -$1,579,439
TOTAL $11,697,444
Cost of Improvements
≥ 50%
Market Value of Structure
Property Appraisal Value = $9,893,700
Substantial Improvement Threshold = $4,946,850
6FEMA Guidance on Using Less Restrictive Data
FEMA Policy #104-008-2 regarding the Use of Best Available Flood Hazard
Data:
•Pages 8-9 of this policy reference the use of less restrictive data and
specifically advises not utilizing this data until the LFD has been issued or at
least until all appeals have been resolved.
•Staff recommendation includes a condition that any approval of a variance
shall not be effective until the LFD has been issued.
7Colorado Water Conservation Board (CWCB) Floodplain Regulations
Rule 14.A.(1):
“In the event that a Community is aware of and has access to better available information on a
previously designated flooding source, then the CWCB allows for that undesignated information
to be used for regulatory purposes if …. the revised Floodplain mapping is more restrictive.”
Because the Preliminary RiskMAP mapping for 1625 Sharp Point Drive is less restrictive, City
staff consulted with CWCB regarding the applicability of this rule and the proposed variance.
On October 31, 2025, City staff met with CWCB staff to discuss the variance request for
Advanced Energy. CWCB indicated their support for the proposed variance, noting that the
community has exercised due diligence, is acting in good faith, and that the proposal aligns with
the intent of the State’s floodplain development regulations.
8Variance Options
Depending on the Water Commission’s findings and determinations, Water Commission could
conceivably approve or deny the floodplain variance for Advanced Energy located at 1625 Sharp
Point Dr. requesting a variance from the requirements of City Code Sections 10-76(3)a, 10-37,
10-76(9) and 10-48 which would allow construction of a cumulative substantial improvement
without being elevated and without developing an Emergency Response and Preparedness Plan
in the Zone AE area of the FEMA Flood Insurance Rate Map (Poudre River 100-year floodplain).
Possible conditions the Water Commission may consider include but are not limited to the
following:
1.The floodplain use permit and building permit shall not be approved until the RiskMAP LFD
has been issued.
9Staff Recommendation
Staff recommends approval of the variance with the condition that the floodplain use permit and
building permit shall not be approved until the LFD has been issued for RiskMAP.
The reasons for staff’s recommendation for approval of the variance are:
1.Preliminary RiskMAP mapping shows the site to be out of the 100-year floodplain
2.When the mapping reaches LFD, it is far enough along in the process to have confidence that
the mapping will not change
3.If the condition is added, the variance would be in compliance with FEMA Policy #104-008-02
4.CWCB would support the granting of the variance
5.Not granting the variance would lead to an exceptional hardship for the applicant due to the
uncertainty in timing of approval of the RiskMAP maps. The maps have already been delayed
numerous times.
10Suggested Motion
I move to [approve or deny] the floodplain variance for Advanced Energy located at 1625 Sharp Point Dr., requesting a
variance from the requirements of City Code Sections 10- 76(3)a, 10-37, 10-76(9) and 10-48 which would allow
construction of a cumulative substantial improvement without being elevated and without developing an Emergency
Response and Preparedness Plan in the Zone AE area of the FEMA Flood Insurance Rate Map (Poudre River 100-year
floodplain).
Possible conditions the Water Commission may consider are, but are not limited to, the following:
• The floodplain use permit and building permit shall not be approved until the LFD is issued for RiskMAP.
I make this motion based on the evidence in the record showing that the relevant factors and standards set forth in Article
III, Chapter 10 of the City Code [have or have not] been met and as required in City Code Section 10-29, the
determination that 1) the variance is the minimum necessary, considering the flood hazard, to afford relief; and 2) that
there is good and sufficient cause for the variance to be granted; and 3) that failure to grant the variance would result in
exceptional hardship to the applicant; and 4) that the granting of the variance will not result in any increased flood heights,
any additional threat to public safety or to public or private property, any extraordinary public expense, any nuisance or
trespass, any fraud on or victimization of the public, or any conflict with existing local laws or ordinances.
I further note the following in support of this motion of approval or denial:
1. ___________________
2. ___________________