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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/16/2003 - CONSIDERATION OF AN APPEAL OF THE OCTOBER 7, 2003 ITEM NUMBER 29 AGENDA ITEM SUMMARY DATE December16, 2003 FORT COLLINS CITY COUNCIL STAFF Troy Jones SUBJECT Consideration of an Appeal of the October 7 2003 Decision of the Hearing Officer Regarding Discount Tire PDP #26-02 RECOMMENDATION Staff recommends that Council uphold the decision of the Hearing Officer EXECUTIVE SUMMARY A Notice of Appeal was filed with the City Clerk on October 21 2003 with respect to the October 1 2003 decision of the Hearing Officer approving the Project, by Marilee J Lube who lives nearby An Amended Notice of Appeal was filed with the City Clerk on November 10 2003 by Ms Lube The Appellant contends that the Hearing Officer did not properly interpret the Land Use Code and Charter BACKGROUND The original Type 1 hearing for the Discount Tire at Fossil Creek Project Development Plan was conducted on July 2 2003 and approved on July 14 2003 It was appealed to City Council and on September 16 2003 City Council remanded the matter back to the Hearing Officer for a rehearing A rehearing took place on October 1 2003 for the Discount Tire as Fossil Creek Project Development Plan and the project was approved on October 7 2003 subject to the following conditions 1 The Applicant shall include on the Final Plan the hours of operation of 8 00 a in to 6 00 p in Monday through Friday and 8 00 to 5 00 p in on Saturday 2 The Applicant shall ensure that parking area lights are extinguished no later than 8 00 p in 3 This approval is contingent upon the City Council vacation of portions of the College Avenue (SH 287) and Fossil Creek Parkway nghts-of-way as specified on Exhibit A of the `Right-of-way vacations for Discount Tire at Fossil Creek PDP December 16, 2003 -2- Item No 29 The appellant contends that in re hearing the matter, the Hearing Officer failed to properly interpret and apply the relevant provisions of the Code and Charter Although the Notice of Appeal does not list any specific sections of the Land Use Code that the Appellant believes were not properly interpreted and applied it appears that the Notice of Appeal is focused primarily on issues pertaining to water quality, flood erosion drainage leaking oil and fuel and consequent possibility of soil and water contamination air pollution noise and traffic matters Please see the attached staff response memo for further clarification on how the Discount Tire at Fossil Creek PDP does in fact satisfy the regulatory provisions in question City Clerk 6a City of Fort Collins NOTICE The City Council of the City of Fort Collins,Colorado,on Tuesday,December 16,2003 at 6 00 p in or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall at 300 LaPorte Avenue, will hold a public hearing on the attached appeal from the decision of the Hearing Officer, made on October 7, 2003 regarding Discount Tire PDP,#26-02, filed by Menlee J Lube If you wish to comment on this matter,you are strongly urged to attend the hearing on this appeal If you have any questions or require further information please feel free to contact the City Clerk's Office (221-6515) or the Current Planning Department(221-6750) Section 2-56 of the Code of the City of Fort Collins provides that a member of City Council may identify in writing any additional issues related to the appeal by December 9, 2003 Agenda materials provided to the City Council,including City staffs response to the Notice of Appeal, and any additional issues identified by City Councilmembers,will be available to the public on Thursday, December 11 after 10 00 a in in the City Clerk's Office These materials will also be available on the City's Web site at http //fcgov com/cityclerk/a eg ndas php (click on the link for the December 16 agenda) The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities Please call the City Clerk's Office (221-6515) for assistance #ZMS Rita Hams Chief Deputy City Clerk Date Notice Mailed August December 5, 2003 cc City Attorney Chair, Planning and Zoning Board Current Planning Department Appellant/Applicant 300 LaPorte Avenue PO Box 580 • Fort Colluis CO 80522 0580 • (970)2216515 • FAX(970)221 6295 JOHN & MERILEE J LUBE NOVEMBER 7,2003 N /Q CITY OF FORT COLLINS 300 LaPORTE AVE P O BOX 580 FT COLLINS,CO 80522-0580 RE OCTOBER 1,2003 PUBLIC HEARING DISCOUNT TIRE PROJECT DEVELOPMENT PLAN CASE#26-02 PER SECTION 2-46(1) HEARING OFFICER CAMERON GLOSS CURRENT PLANNING DIRECTOR CAMERON GLOSS APPROVAL PER AUTHORITY GRANTED BY SECTIONS 14 9(E) AND 2 1 OF THE LAND USE CODE DATED l0n103 PER SECTION 2-46 MERILEE J LURE 5326 FOSSIL RIDGE DRIVE FT COLLINS,CO 80525 970-266-9001 PARTY INTEREST I(MERILEE)HAVE BEEN TO ALL BUT ONE OF THE MEETINGS FROM THE BEGINNING OF THIS PROJECT KNOWN AS"DISCOUNT TIRE",HAVE BEEN BEFORE THE CITY COUNCIL,CAMERON GLOSS AND AM NOW FILING THIS APPEAL PER SECTION 2-49(4) THERE ARE MANY ERRORS IN THE SUMMARY SENT TO ME FROM CAMERON GLOSS UNDER FACTS AND FINDINGS,(3)COMPLIANCE WITH ARTICLE OF THE LAND USE CODE-GENERAL DEVELOPMENT STANDARDS, I QUOTE THE PROJECT DEVELOPMENT PLAN COMPLIES WITH ALL APPLICABLE SECTIONS OF ARTICLE 3 OF THE LUC EXCEPT THE ORIENTATION BUILD-TO LINES STANDARD FOUND IN SECTION 3 5 3 (B)(2) THE PLANNING AND ZONING BOARD FOUND IN A PUBLIC 2&2 THAT THE PROPOSED BUILDING COULD BE SET BACK FURTHER FROM FOSSIL CREEK PARKWAY THAN THE MAXIMUM 15 FEET PERMITTED IN ADDITION TO THE NEIGHBORHOOD COMPATIBILITY ISSUES THAT WERE RAISED, TESTIMONY PROVIDED AT THE HEARING QUESTIONED WHETHER THE STANDARDS FOR STORMWATER RUNOFF,WILDLIFE HABITAT,AND WATER QUALITY PROTECTION WERE BEING MET BY TH PDP IT WAS AN EXPRESSED FEAR OF THE OPPONENTS THAT THE PROJECT WILL CAUSE ENVIROMENTAL DAMAGE TO THE ADJACENT FOSSIL CREEK AND POSES A STORMWATER SAFTEY ISSUE FOR THE SURROUNDING AREA. AS OUTLINED IN THE APPLICANTS FINAL DRAINAGE AND ENGINEERING STAFF AT THE ec �� HEARING,RUNOFFF WATER WILL BE DETAINED ON THE PROPERTY AND WILL RELEASE WATER AT THE TWO-YEAR HISTORIC RATE THE PROJECTED LEVEL OF DRAINAGE WILL RELEASE WATER AT THE SAME RATE AS IN ITS PRESENT UNDEVELOPED CONDIDITON IN ADDITION TO THE QUALITY OF WATER,THE DETENTION DESIGN WILL ENSURE THE QUALITY OF WATER ENTERING INTO FOSSIL CREEK. AN ECOLOGICAL CHARACTRIZATION STUDY,INCLUDING A FIELD SURVEY, WAS CONDUCTED TO IDENTIFY ANY UNIQUE OR SENSITIVE,NATURAL RESOURSE FEATURES ON-SITE OR IMPACTED BY THE DEVELOPMENT THE STAFF S REPORT SUMMERIZES PDS'S REPORT AT THE HEARING THAT CONTRADICT THE STATEMENTS AND CONCLUSIONS OF THE STAFF REPORT CONCERNING COMPLIANCE OR TO OTHER WISE REFUTE COMPLIANCE WITH THE ARTICLE 3 STANDARDS" HENCE,CAMERON GLOSS APPROVED THIS PROJECT I DO FEEL SOMEWHAT BRUISED AND OFFENDED AS TO MR GLOSS' DECISION PER DISCOUNT TIRES HOURS HOWEVER. SEVERAL TIMES,INCLUDING 1115/03 AND 11/6103 IT WAS ALMOST 7PM THAT DISCOUNT TIRE ON SOUTH COLLEGE WAS GOING STRONG AND LOOKED LIKE IT HAD CARS STILL WAITING TO BE SERVED I WANT TO KNOW IF I CAN CALL SOMEONE IN THE CITY IF DISCOUNT TIRE DOES NOT HOLD UP THEIR END OF THE BARGAINS PERHAPS THERE WILL COULD BE A FINE ASSESSMENT FOR THE FOSSIL RIDGE HOME IMPROVEMENT FOUNDATION SO THAT IF THEY(DISCOUNT TIRE) ARE NOT CLOSED BY SAID TIME,THEY AT LEAST CAN IMPROVE THE SURROUNDING PROPERTY9 I SPENT A GREAT DEAL OF TIME OUTLINING THE FEAR I FELT CONCERNING THE WATER QUALITY AND THE FLOOD PLAIN IN THIS PARTICULAR AREA NEITHER MR. GLOSS,MR LEMARQUE,OR ANY OF THE PEOPLE FROM DISCOUNT TIRE LIVE IN THIS NEIGHBORHOOD NOR DO I CONCEIVE THAT THEY WILL I DOI I HAVE LIVED HERE FOR FIVE YEARS WE HAVE SEEN DROUGHT,FLOOD,AND JUST GOOD WEATHER BUT WHEN THERE IS RUN OFF OR RAIN,IT SEEMS LIKE THE CREEK IS SWOLLEN TO CAPACITY AND CAN'T HOLD ANY MORE THE CULVERTS CAN'T CONTAIN IT,AS I EXPLAINED ON OCTOBER 1,2003 TO MR GLOSS I ALSO EXPLAINED THAT ALTHOUGH WES LEMARQUE AND DISCOUNT TIRE DID AN ADEQUATE JOB OF INSTALLING BOTH A"WATER QUALITY POND" AND A"WATER QUALITY OUTLET STRUCTURE"THAT NEITHER CAN BE ASSURED OF HOLDING UP UNDER CURRENT CONDITIONS OF THE"40"HOUR MANDATE THAT IS GIVEN THEM. ANOTHER PROBLEM GIVEN DISCOUNT TIRE IS EROSION FOR THE FIRST YEAR IF THIS"WATER QUALITY OUTLET STRUCTURE"IS NOT CLEANED ON A REGULAR BASIS FOR AT LEAST TWO YEARS,THE OILS IT COLLECTS WILL BE RELEASED INTO FOSSIL CREEK. IF YOU WILL NOTE,PER MR GLOSS'SECTION 3 FACTS AND FINDINGS "THE PROJECTED LEVEL OF DRAINAGE WILL RELEASE WATER AT THE SAME RATE AS IN ITS PRESENT UNDEVELOPED CONDITION IN ADDITION TO THE QUANTITY OF WATER, THE DETENTION DESIGN WILL ENSURE THE QUALITY OF WATER ENTERING INTO FOSSIL CREEK." THIS IS ANOTHER PROBLEM I HAVE WITH MR GLOSS'DECISION "PRESENT UNDEVELOPED CONDITION" WHAT DOES HE THINK THIS PROPERTY IS GOING TO BE ONCE DISCOUNT TIRE GETS AHOLD OF IT? PRISTINE? HOW DOES HE KNOW WHAT WILL HAPPEN IN 10 OR 15 YEARS9 I HAVE SEEN FOSSIL CREEK FLOOD AT LEAST TWICE IN 5 YEARS UNDER FACTS AND FINDINGS,PARAGRAPH 5,"ADVERSE TRAFFIC CONDITIONS"I NOTED THAT THE HEARING OFFICER,MR.GLOSS "WAS CONVINCED THAT VEHICULAR CONFLICTS WILL NOT INCREASE IN ANY SIGNIFICANT MANNER BY THE TRAFFIC GENERATED BY THE PROJECT" IF THAT IS THE CASE,WHY DOES DISCOUNT TIRE NEED ANOTHER STORES WAS A TRAFFIC STUDY DONE AT THE OTHER STORE 9 HOW CAN YOU JUDGE SOMETHING THAT IS NEW AND NEVER BEEN TESTEDI WE ALREADY HAVE A TERRIFIC AMOUNT OF TRAFFIC GENERATED ON PARKWAY WAS A STUDY CONDUCTED TO SEE THE AMOUNT BEFORE THE STORE WAS CONSIDERED? THERE WERE ONLY PROJECTIONS AND COUNTS FROM PROTOTYPE STORES AND I WOULD LIKE TO KNOW IF THEY WERE IN THE VACINITY OF A RESIDENTIAL AREA,NEAR A SCHOOL. IT HAS HOWEVER BEEN MENTIONED THAT AT LEAST 250 VEHICLES A DAY WILL BE ENTERING THIS VENUE,WHICH MEANS THEY WILL ALSO BE EXITING THAT IS 500 EXTRA VEHICLES A DAY COMING INTO AND OUT OF HWY 287 ONTO PARKWAY THAT LIGHT IS ALREADY A NIGHTMARE AT 8AM AND 4PM I CAN'T IMAGINE IT GETTING EVEN WORSE WITH DISCOUNT TIRE EVEN WITH THEIR PROJECTED STUDYI BUT THEN AGAIN,THEY DON'T LIVE HERE, YOU DON'T LIVE HERE,I DOI IF THERE REALLY ARE GOING TO BE BETWEEN 200 AND 250 VEHICLES A DAY SITTING IN A PARKING LOT AT VARIOUS TIMES,MANY IN DIFFERENT STAGES OF DISREPAIR, SOME LEAKING OIL,SOME NOT OVER A PERIOD OF YEARS,THE OIL,THE FUEL,ETC WILL EVENTUALLY LEAK THRU THE ASPHALT WHO WILL BE RESPONSIBLE? MOST OF YOU WILL BE LONG GONE BY THEN WILL THERE BE SPECIAL PROTECTION UNDER THE ASPHALT FOR THIS PROTECTION FOR THE 100 YEAR FLOOD PLAIN BUILT INS IT'S THIS CITIES PLAN,NOT MINE+ YOU FIGURE ON A SMALL SCALE 200 VEHICLES A DAY X 300 DAYS A YEAR X 15 YEARS=900,000 X 2(REMEMBER THEY HAVE TO LEAVE ONCE THEY COME) VEHICLES OIL&LEAKING FUEL NOT TO MENTION THE POLUTION FROM THE VEHICLES THEMSELVES COMING AND GOING AND THE 18 WHEELERS X HOWEVER MANYV I WOULD ALSO LIKE TO ADDRESS EIGHTEEN(18)WHEELERS ENTERING THE PARKING LOT THIS WAS SOMETHING THAT WAS BROUGHT UP AT THE MEETING ON OCTOBER 1,2003 I WAS NOT AWARE THAT THEY WOULD BE ENTERING INTO THE FACTOR. 18 WHEELERS NOT ONLY LEAK DIESEL FUEL,BUT THEY ALSO CONTAMINATE THE AIR. I HAVE ATTACHED A LETTER THAT I WROTE TO THE EDITOR CONCERNING THAT VERY FACT THIS WILL DEFINITELY EFFECT THE RESIDENTS IN THE NEAR PROXIMITY OF THE PROPOSED PROJECT NOT TO MENTION THE ADDITIONAL NOISE FACTOR. I ALSO HAVE CONCERNS THAT DISCOUNT TIRE WILL VACATE THE OLD STORE WITHIN A YEAR OR TWO AND THAT THE PROPOSED NEW STORE WILL BECOME THE PRIMARY STORE,OPENING A WHOLE NEW CAN OF WORMS. I WOULD LIKE TO KNOW WHO IS GOING TO POLICE THEIR HOURS IF THEY CAN'T DO IT THEMSELVES NOW ON THEIR COLLEGE STORES WHO IS GOING TO CHECK THEIR WATER QUALITY OUTLET STRUCTURE TO MAKE SURE IT IS CLEANED OUT ON A REGULAR BASIS AND THAT OIL DOES NOT LEAK INTO FOSSIL CREEKS FOSSIL CREEK(WHICH IS COUNTY)FLOWS INTO FOSSIL CREEK RESERVOIR (WHICH WAS ACQUIRED BY THE CITY ABOUT THE TIME DISCOUNT TIRE BOUGHT THE LAND) FOSSIL CREEK RESERVOIR THEN FLOWS INTO THE PLATTE RIVER. SO,IF THERE IS ANY KIND OF OIL CONTAMINATION,IN TEN OR FIFTEEN YEARS,IT GOES INTO THE PLATTE RIVER. I HAVE NOT SEEN ANY INFORMATION PERTINENT TO THE ENVIRONMENTAL IMPACT OF OIL OR OTHER PETROLEOM BASED PRODUCTS THAT MAY LEAK INTO THE GROUND WATER IN THE IMMEDIATE AREA OF THE PROPOSED DISCOUNT TIRE SITE ON HWY 287 AND FOSSIL RIDGE PARKWAY THIS INFORMATION WOULD RELATE TO ANY LEAKS THAT MAY OCCUR DURING THE CONSTRUCTION PHASE OR LEAKS OCCURING AFTER CONSTRUCTION IS COMPLETE FURTHER,I HAVE NOT SEEN ANY RECORED OF STUDIES CONDUCTED ON THE PERMEABILITY OF THE TOP SOIL OR THE PERMEABILITY OF THE HARD ROCK FORMATION THAT UNDERLIE THE TOP SOIL LAYER THESE STUDIES,I FEEL SHOULD RELATE TO HOW PETROLEUM DISTILLATES MOVING THROUGH THESE VARIOUS LAYERS THESE PRODUCTS MAY HAVE TO BE STORED OUTSIDE THE FACILITY WITH THE POSSHHLTY OF LEAKS OCCURING I FEEL THIS INFORMATION IS OF THE HIGHEST IMPORTANCE BECAUSE OF THE ENVIRONMENTAL IMPACT IT MAY HAVE,NOT ONLY IN THE IMMEDIATE AREA,BUT DOWNSTREAM ALONG THE FOSSIL CREEK DRAINAGE AND BEYOND NOT HAVING THE WHERE WITHAL TO CONDUCT THESE STUDIES IT IS MY BEST ESTIMATE THAT THE TOP SOIL WILL BE MORE PERMEABLE SECONDARY TO THE EXTENSIVE DIRT WORK THAT MAY BE REQUIRED IN THE CONSTRUCTION OF THE DISCOUNT TIRE PROJECT LASTLY,I FEEL THAT IF IT IS IMPORTANT TO KNOW WHO IS RESPONSIBLE FOR THESE STUDIES AND WHO WILL ULTIMATELY BE RESPONSIBLE FOR ANY ADVERSE ENVIRONMENTAL IMPACT IN THE FUTURE I HAVE ADDED SOME PICTURES AS I DID PREVIOUSLY,ALONG WITH A DRAWING THAT INDICATES WHERE TOP SOIL WILL BE IMPACTED BY OIL,DIESEL FUEL, AND NOT PROTECTED BY THE WATER QUALITY POND I HAVE ALSO ADDED SHEET NUMBER 3 OF 12,JOB NUMBER FCMEADOW CRD GRADING,DRAINAGE AND EROSION CONTROL PLAN PREPARED BY WES LEMARQUE FOR YOUR INFORMATION SO THAT YOU MAY SEE FOR YOURSELF HOW THIS SHOULD WORK. I HAVE MADE SOME MARKS THAT MAY HELP YOU I WOULD LIKE TO THANK MY HUSBAND,JOHN WHO WAS A"MUD ENGINEER"FOR 18 YEARS IN THE OIL FIELD FOR HELPING ME WRITE THIS APPEAL HIS SKILL AND KNOWLEDGE SHOULD'T GO UNOTICED AT PRESENT HE IS AT PVH AS A PRACTICING RN ADMINSTRATING/SUPERVISOR FOR THE PAST 10 YEARS AND I COULDN'T BE PROUDER ON BOTH COUNTSI I STILL HAVE ONE UN ANSWERED QUESTION IF THIS LETTER IS PASSED ON TO DISCOUNT TIRE WHY THIS SPOT'? I FEEL THAT AT LEAST I AM OWED THIS ONE ANSWER TO THIS ONE QUESTIONt THANK YOU FOR YOUR PATIENCE AND UNDERSTANDING WITH MY FIRST LETTER. MERILEE J LUBE Mo OMKMN,The ugust 6, ZOQI,www coloradoan com V IF t ey ie close toy-cPmI'11 , IIIIII[IF•..•.•••.• r Topic A' quAtY _ F 1 e ° io v� her see* g red F hhmsmay not be seeing standard on 2vars and the weigbbstatio*&omLaramne red" quaW lust yet,but I sure cleaner operating to ve�for the poi- - o quote filly Bridges June 24 new cars and o#- lutio a city to? le in the Coloradoan Last genated gasoline DenvMJ see it even week, Depyer recorded its first have contributed worse.But MA in FortgoH rs,I do red air ty day when the city's to decreasing car- not see in anything Sak Sndges ozone lord exc ed the na- bon monoxide lev artcle about commercial vehicles. ' ti rent air R ty standard els in the past 10 Are they exempt?Do they nothave ' ne That tnndard is aver- years. to be inspected? if I am behind a ' during an eight-hour period" My reason for commercial truck of'any Iand,can I 1 Please understand that I am not quoting Sally ee call Sally Lucinda or the LPA dry.t taking Sally Bridges to task. How Bridges article is , s Ube report a hcense number and/or eb every J wondering if she could something that has t company m violation to report the en her investigation fur- turned me red air SoapbO s violation of"red"air quality? 1 investigated the commeir quality for dozens i Citizens of Fort Collins and all vehicles on our city streets and of years.The worths darn WhAit Colorado are you willing to co interstate highways.I am,howeve that we who oif:re%r, more money for polluting using quotes from her article tp SUVs pickups and let thewordcars1* mapea point that has been a 'thom must pay the pord m the emissiorio e�1 mmycraw' for years. trucks? I meanaeabulaty,or have the larger�ctrtio-"Fort Collins has never recorded trucks construmercial vehtel and the "hydra 3 a red au quahty day and this sum line and di d the nrlrogen oxides"Llikg mer should not be different, said wheelers testate 25 edut to a complete l nr 7 n Sarah Fox,environmental educator Riverside as a passageway to the v or me"qurrle 4se with the city r interstate? The city is aslang tm'ot they such taxes? 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Planning and Environmental Services � CurrentPlanning y Citv of Fort Collins MEMORANDUM TO Mayor and Members of City Council FROM Troy Jones, City Planner I t Y THRU GregByrne, Director C P E DATE December 16, 2003 RE Discount Tire at Fossil Creek, Project Development Plan (PDP)—Appeal to City Council The purpose of this memorandum is to respond to an appeal regarding the October 7, 2003 decision of the Administrative Hearing Officer to approve the Discount Tire at Fossil Creek PDP Appellant Menlee J Lube 5326 Fossil Ridge Drive Fort Collins CO 80525 Appeal Provisions in the Municipal Code Section 2-48 "Except for appeals by members of the City Council the permissible grounds for appeal shall be limited to allegations that the board commission or other decision maker committed one (1) or more of the following errors (1) Failure to properly interpret and apply relevant provisions of the Code and Charter (2) Failure to conduct a fair hearing in that a The board, commission or other decision maker exceeded its authority orlurisdiction as contained in the Code or Charter b The board commission or other decision maker substantially ignored its previously established rules of procedure, c The board commission or other decision maker considered evidence relevant to its findings which was substantially false or grossly misleading, or d The board commission or other decision maker improperly failed to receive all relevant evidence offered by the appellant 1 281 North College Avenue PO Box 580 Fort Collins CO 80522 0580 " (970)221 6750 FAX(970)416 2020 Grounds for Appeal The appellant alleges that the Hearing Officer faded to properly interpret and apply relevant provision of the Code and Charter in that she contends that there are 'many errors in the summary' of the Hearing Officer Report which grants the project its approval Although the Notice of Appeal does not list any specific sections of the Land Use Code that the Appellant believes were not properly interpreted and applied it appears that the Notice of Appeal is focused primarily on issues relating to the following allegations Allegation # 1) regarding water hazards Regulatory Language of Land Use Code Section 3 3 3 "Section 3 3 3 Water Hazards (A) Lands which are subject to flooding or are located in a natural drainageway shall not be approved for development or redevelopment unless the following conditions are met (1) the project development plan complies with the Basin Master Drainageway Plan as applicable (2) the project development plan complies with city Stormwater Design Criteria and Construction Standards (3) the project development plan complies with the floodplain regulations as established in Chapter 10 of the City Code (4)any development in any 100-year floodplain is designed so as not to cause any adverse effects to the development or to any other properties from either increased flood heights, flow velocities, flow duration, rate of rise of flood waters, channel stability or sediment transport " Staff Analysis on Section 3 3 3 - The entry drive a portion of the parking lot, and the detention pond are the only elements of the proposed development that are to be located within the Fossil Creeks 100 year floodplain The budding is outside the 100 year floodplain Staff from the Fort Collins Stormwater Utility have reviewed the project and have found that the proposed project complies with the basin s Master Drainageway Plan, complies with the City s Stormwater Design Criteria and Construction Standards, complies with the floodplam regulations established in Chapter 10 of the City Code, and has found that the elements of the PDP located in the 100 year floodplain as designed will not cause any adverse effects to the development or to any other properties The PDP therefore satisfies this standard Allegation # 2) regarding engineering design standards for flood hazard areas and storm drainage Regulatory Language of Land Use Code Section 3 3 5 Section 3 3 5 Engineering Design Standards The project must comply with all design standards requirements and specifications for the following services as certified by the appropriate agency or variances must be granted by such agency • flood hazard areas • storm drainage " 2 Staff Analysis on Section 3 3 5—The Fort Collins Stormwater Utility staff has indicated that they have reviewed and accepted the drainage study and construction plans for the project and they comply with all design standards requirements and specifications for flood hazard areas and storm drainage facilities The PDP therefore satisfies this standard Allegation #3) regarding drainage and erosion control plans Regulatory Language of Land Use Code Section 3 4 1(J) Section 3 4 1(J) Stormwater Drainage and Erosion All stormwater drainage and erosion control plans shall meet the standards adopted by the City Stormwater Utility for design and construction and shall, to the maximum extent feasible, utilize nonstructural control techniques, including but not limited to (1) limitation of land disturbance and grading (2) maintenance of vegetated buffers and natural vegetation (3) minimization of impervious surfaces (4) use of terraces, contoured landscapes, runoff spreaders, grass or rock-lined waterways (5) use of infiltration devices (6) use of recharge basins seepage pits dry wells seepage beds or ditches, porous pavement or Dutch drains Staff Analysis on Section 3 41(J)—The Fort Collins Stormwater Utility staff has indicated that after review of the project the stormwater drainage and erosion control plans meet the standards adopted by the City Stormwater Utility for design and construction and the project does, to the maximum extent feasible, utilize nonstructural control techniques where possible Allegation #4) regarding air quality Regulatory Language of Land Use Code Section 3 4 2 Section 3 4 2 Air Quality The project shall conform to all applicable local, state and federal air quality regulations and standards, including, but not limited to those regulating odor dust fumes or gases which are noxious, toxic or corrosive, and suspended solid or liquid particles " Staff Analysis on Section 3 4 2—The appellant expressed concern that "l 8 wheelers entering the site would contaminate the air There s nothing proposed as part of the PDP that would promote or encourage delivery vehicles to exceed any local state or federal air quality standards In the case of trucks contaminating the air it is not a land use issue Enforcement of such vehicle exhaust air contamination issues are enforced through vehicle emission test requirements which are not administered by the City Allegation # 5) regarding water quality Regulatory Language of Land Use Code Section 3 4 3 Section 3 4 3 Water Quality 3 The development shall comply with all applicable local, state and federal water quality standards, including but not limited to those regulating erosion and sedimentation, storm drainage and runoff control solid wastes and hazardous substances Projects shall be designed so that precipitation runoff flowing from the site is treated in accordance with the criteria set forth in the Storm Drainage Design Criteria and Construction Standards Treatment measures may include, but shall not be limited to minimization of impervious surfaces runoff spreaders infiltration devices extended detention constructed wetlands sand filters water quality inlets" Staff Analysis on Section 3 4 3 —The Fort Collins Stormwater Utility staff have reviewed the proposed PDP against applicable local, state and federal water quality standards including those regulating erosion and sedimentation storm drainage runoff control and hazardous substances and have found that the proposed drainage and erosion control report for Discount Tire PDP proposes a water quality system that meets said requirements In particular 40 hour extended detention" is being provided to treat the water quality capture volume Allegation #6) regarding noise Regulatory Language of Land Use Code Section 3 4 4 Section 3 4 4 Noise The proposed land uses and activities shall be conducted so that any noise generated on the property will not violate the noise regulations contained in the city s Noise Control Ordinance (Chapter 20, Article II of the City Code) and so that any vibration created by the use of the property will be imperceptible without instruments at any point along the property line Noise generated by emergency vehicles and airplanes shall be exempted from the requirements of this provision ' Staff Analysis on Section 3 4 4—The Noise Control Ordinance limits noise at the property line between 7 00 a m and 8 00 p m to 55 decibels, and between 8 00 p m and 7 00 a m to 50 decibels The applicant hired a sound consultant to determine whether or not the noise levels generated by the proposed PDP would violate these restrictions Noise Control Ordinance, and determined that the noise would be well below the maximum allowed noise levels Additionally noise was a big concern for several other neighbors at the hearing It was argued that in order for a tire store to be compatible with the nearby residential properties the hours of operation should be limited The hearing officer placed a condition on the approval that the hours of operation will be limited to be from 8 00 a m to 6 00 p m Monday through Friday, and 8 00 to 5 00 p m on Saturday Any violations of the Noise Control Ordinance or violations to the condition on the hours of operation will be cause for a summons to be issued by authorized enforcement officials according to adopted procedures 4 Allegation #7)Transportation Level of Service Requirements Regulatory Language of Land Use Code Section 3 6 4 Section 3 6 4 Transportation Level of Service Requirements (A) Purpose In order to ensure that the transportation needs of a proposed development can be safely accommodated by the existing transportation system, or that appropriate mitigation of impacts will be provided by the development, the project shall demonstrate that all adopted Level of Service (LOS) standards will be achieved for all modes of transportation (8) General Standard All development plans shall adequately provide vehicular pedestrian and bicycle facilities necessary to maintain the adopted transportation Level of Service standards contained in Part 11 of the City of Fort Collins Multi modal Transportation Level of Service Manual for the following modes of travel motor vehicle, bicycle and pedestrian The Transit LOS standards contained in Part 11 of the Multi modal Transportation Manual will not be applied for the purposes of this Section (C) Transportation Impact Study In order to identify those facilities that may be required in order to comply with these standards all development plans must submit a Transportation Impact Study approved by the Traffic Engineer, consistent with the Transportation Impact Study guidelines maintained by the city Staff Analysis on Section 3 6 4—The City s Traffic Engineer and Transportation Planning Staff have reviewed the Traffic Impact Study for the Discount Tire PDP against the Level of Service Standards contained in Part II of the City of Fort Collins Multi modal Transportation Level of Service Manual for motor vehicle bicycle and pedestrian modes of travel and have determined that the project meets the standard 5 JOHN & MERILEE J LUBE G NOVEMBER 7,2003 CITY OF FORT COLLINS300 LaPORTE AVE P O BOX 580 FT COLLINS,CO 80522-0580 RE OCTOBER 1,2003 PUBLIC HEARING DISCOUNT TIRE PROJECT DEVELOPMENT PLAN CASE#26-02 PER SECTION 2 46(1) HEARING OFFICER CAMERON GLOSS CURRENT PLANNING DIRECTOR CAMERON GLOSS APPROVAL PER AUTHORITY GRANTED BY SECTIONS 14 9(E) AND 2 1 OF THE LAND USE CODE DATED 10/7/03 PER SECTION 246 MERILEE J LUBE 5326 FOSSIL RIDGE DRIVE FT COLLINS,CO 80525 970 266-9001 PARTY INTEREST I(MERILEE)HAVE BEEN TO ALL BUT ONE OF THE MEETINGS FROM THE BEGINNING OF THIS PROJECT KNOWN AS"DISCOUNT TIRE",HAVE BEEN BEFORE THE CITY COUNCIL,CAMERON GLOSS AND AM NOW FILING THIS APPEAL PER SECTION 249(4) THERE ARE MANY ERRORS IN THE SUMMARY SENT TO ME FROM CAMERON GLOSS UNDER FACTS AND FINDINGS,(3)COMPLIANCE WITH ARTICLE OF THE LAND USE CODE-GENERAL DEVELOPMENT STANDARDS, I QUOTE THE PROJECT DEVELOPMENT PLAN COMPLIES WITH ALL APPLICABLE SECTIONS OF ARTICLE 3 OF THE LUC EXCEPT THE ORIENTATION BUILD TO LINES STANDARD FOUND IN SECTION 3 5 3 (B)(2) THE PLANNING AND ZONING BOARD FOUND IN A PUBLIC 2 8 2 THAT THE PROPOSED BUILDING COULD BE SET BACK FURTHER FROM FOSSIL CREEK PARKWAY THAN THE MAXIMUM 15 FEET PERMITTED IN ADDITION TO THE NEIGHBORHOOD COMPATIBILITY ISSUES THAT WERE RAISED, TESTIMONY PROVIDED AT THE HEARING QUESTIONED WHETHER THE STANDARDS FOR STORMWATER RUNOFF,WILDLIFE HABITAT,AND WATER QUALITY PROTECTION WERE BEING MET BY TH PDP IT WAS AN EXPRESSED FEAR OF THE OPPONENTS THAT THE PROJECT WILL CAUSE ENVIROMENTAL DAMAGE TO THE ADJACENT FOSSIL CREEK AND POSES A STORMWATER SAFTEY ISSUE FOR THE SURROUNDING AREA AS OUTLINED IN THE APPLICANTS FINAL DRAINAGE AND ENGINEERING STAFF AT THE HEARING,RUNOFFF WATER WILL BE DETAINED ON THE PROPERTY AND WILL RELEASE WATER AT THE TWO-YEAR HISTORIC RATE THE PROJECTED LEVEL OF DRAINAGE WILL RELEASE WATER AT THE SAME RATE AS IN ITS PRESENT UNDEVELOPED CONDITITNN IN ADDITION TO THE QUALITY OF WATER,THE DETENTION DESIGN WILL ENSURE THE QUALITY OF WATER ENTERING INTO FOSSIL CREEK. AN ECOLOGICAL CHARACTRIZATION STUDY,INCLUDING A FIELD SURVEY, WAS CONDUCTED TO IDENTIFY ANY UNIQUE OR SENSITIVE,NATURAL RESOURSE FEATURES ON-SITE OR IMPACTED BY THE DEVELOPMENT THE STAFF S REPORT SUMMERIZES PDS'S REPORT AT THE HEARING THAT CONTRADICT THE STATEMENTS AND CONCLUSIONS OF THE STAFF REPORT CONCERNING COMPLIANCE OR TO OTHER WISE REFUTE COMPLIANCE WITH THE ARTICLE 3 STANDARDS" HENCE,CAMERON GLOSS APPROVED THIS PROJECT I DO FEEL SOMEWHAT BRUISED AND OFFENDED AS TO MR.GLOSS' DECISION PER DISCOUNT TIRES HOURS HOWEVER. SEVERAL TIMES,INCLUDING 11/5/03 AND 11/6/03 IT WAS ALMOST 7PM THAT DISCOUNT TIRE ON SOUTH COLLEGE WAS GOING STRONG AND LOOKED LIKE IT HAD CARS STILL WAITING TO BE SERVED I WANT TO KNOW IF I CAN CALL SOMEONE IN THE CITY IF DISCOUNT TIRE DOES NOT HOLD UP THEIR END OF THE BARGAIN' PERHAPS THERE WILL COULD BE A FINE ASSESSMENT FOR THE FOSSIL RIDGE HOME IMPROVEMENT FOUNDATION SO THAT IF THEY(DISCOUNT TIRE) ARE NOT CLOSED BY SAID TIME,THEY AT LEAST CAN IMPROVE THE SURROUNDING PROPERTY9 I SPENT A GREAT DEAL OF TIME OUTLINING THE FEAR I FELT CONCERNING THE WATER QUALITY AND THE FLOOD PLAIN IN THIS PARTICULAR AREA NEITHER MR GLOSS,MR LEMARQUE,OR ANY OF THE PEOPLE FROM DISCOUNT TIRE LIVE IN THIS NEIGHBORHOOD NOR DO I CONCEIVE THAT THEY WILL I DOI I HAVE LIVED HERE FOR FIVE YEARS WE HAVE SEEN DROUGHT,FLOOD,AND JUST GOOD WEATHER BUT WHEN THERE IS RUN OFF OR RAIN,IT SEEMS LIKE THE CREEK IS SWOLLEN TO CAPACITY AND CAN'T HOLD ANY MORE THE CULVERTS CAN'T CONTAIN IT,AS I EXPLAINED ON OCTOBER 1,2003 TO MR.GLOSS I ALSO EXPLAINED THAT ALTHOUGH WES LEMARQUE AND DISCOUNT TIRE DID AN ADEQUATE JOB OF INSTALLING BOTH A"WATER QUALITY POND" AND A"WATER QUALITY OUTLET STRUCTURE"THAT NEITHER CAN BE ASSURED OF HOLDING UP UNDER CURRENT CONDITIONS OF THE"40"HOUR MANDATE THAT IS GIVEN THEM ANOTHER PROBLEM GIVEN DISCOUNT TIRE IS EROSION FOR THE FIRST YEAR IF THIS"WATER QUALITY OUTLET STRUCTURE"IS NOT CLEANED ON A REGULAR BASIS FOR AT LEAST TWO YEARS,THE OILS IT COLLECTS WILL BE RELEASED INTO FOSSIL CREEK IF YOU WILL NOTE,PER MR GLOSS' SECTION 3 FACTS AND FINDINGS "THE PROJECTED LEVEL OF DRAINAGE WILL RELEASE WATER AT THE SAME RATE AS IN ITS PRESENT UNDEVELOPED CONDITION IN ADDITION TO THE QUANTITY OF WATER, THE DETENTION DESIGN WILL ENSURE THE QUALITY OF WATER ENTERING INTO FOSSIL CREEK " THIS IS ANOTHER PROBLEM I HAVE WITH MR GLOSS' DECISION "PRESENT UNDEVELOPED CONDITION" WHAT DOES HE THINK THIS PROPERTY IS GOING TO BE ONCE DISCOUNT TIRE GETS AHOLD OF IT9 PRISTINEP HOW DOES HE KNOW WHAT WILL HAPPEN IN 10 OR 15 YEARSI I HAVE SEEN FOSSIL CREEK FLOOD AT LEAST TWICE IN 5 YEARS UNDER FACTS AND FINDINGS,PARAGRAPH 5,"ADVERSE TRAFFIC CONDITIONS"I NOTED THAT THE HEARING OFFICER MR. GLOSS "WAS CONVINCED THAT VEHICULAR CONFLICTS WILL NOT INCREASE IN ANY SIGNIFICANT MANNER BY THE TRAFFIC GENERATED BY THE PROJECT" IF THAT IS THE CASE,WHY DOES DISCOUNT TIRE NEED ANOTHER STORE' WAS A TRAFFIC STUDY DONE AT THE OTHER STORE ' HOW CAN YOU JUDGE SOMETHING THAT IS NEW AND NEVER BEEN TESTED' WE ALREADY HAVE A TERRIFIC AMOUNT OF TRAFFIC GENERATED ON PARKWAY WAS A STUDY CONDUCTED TO SEE THE AMOUNT BEFORE THE STORE WAS CONSIDERED' THERE WERE ONLY PROJECTIONS AND COUNTS FROM PROTOTYPE STORES AND I WOULD LIKE TO KNOW IF THEY WERE IN THE VACINITY OF A RESIDENTIAL AREA,NEAR A SCHOOL. IT HAS HOWEVER BEEN MENTIONED THAT AT LEAST 250 VEHICLES A DAY WILL BE ENTERING THIS VENUE,WHICH MEANS THEY WILL ALSO BE EXITING THAT IS 500 EXTRA VEHICLES A DAY COMING INTO AND OUT OF HWY 287 ONTO PARKWAY THAT LIGHT IS ALREADY A NIGHTMARE AT SAM AND 4PM I CAN'T IMAGINE IT GETTING EVEN WORSE WITH DISCOUNT TIRE EVEN WITH THEIR PROJECTED STUDYI BUT THEN AGAIN,THEY DON'T LIVE HERE, YOU DON'T LIVE HERE,I DOI IF THERE REALLY ARE GOING TO BE BETWEEN 200 AND 250 VEHICLES A DAY SITTING IN A PARKING LOT AT VARIOUS TIMES,MANY IN DIFFERENT STAGES OF DISREPMR, SOME LEAKING OIL,SOME NOT OVER A PERIOD OF YEARS,THE OIL,THE FUEL,ETC WILL EVENTUALLY LEAK THRU THE ASPHALT WHO WILL BE RESPONSIBLE' MOST OF YOU WILL BE LONG GONE BY THEM WILL THERE BE SPECIAL PROTECTION UNDER THE ASPHALT FOR THIS PROTECTION FOR THE 100 YEAR FLOOD PLAIN BUILT IN' IT'S THE CITIES PLAN,NOT MINE+ YOU FIGURE ON A SMALL SCALE 200 VEHICLES A DAY X 300 DAYS A YEAR X 15 YEARS=900,000 X 2(REMEMBER THEY HAVE TO LEAVE ONCE THEY COME) VEHICLES OIL&LEAKING FUEL NOT TO MENTION THE POLUTION FROM THE VEHICLES THEMSELVES COMING AND GOING AND THE 18 WHEELERS X HOWEVER MANYI I WOULD ALSO LIKE TO ADDRESS EIGHTEEN(18)WHEELERS ENTERING THE PARKING LOT THIS WAS SOMETHING THAT WAS BROUGHT UP AT THE MEETING ON OCTOBER 1,2003 1 WAS NOT AWARE THAT THEY WOULD BE ENTERING INTO THE FACTOR. 18 WHEELERS NOT ONLY LEAK DIESEL FUEL,BUT THEY ALSO CONTAMINATE THE AIR I HAVE ATTACHED A LETTER THAT I WROTE TO THE EDITOR CONCERNING THAT VERY FACT THIS WILL DEFINITELY EFFECT THE RESIDENTS IN THE NEAR PROXIMITY OF THE PROPOSED PROJECT NOT TO MENTION THE ADDITIONAL NOISE FACTOR. I ALSO HAVE CONCERNS THAT DISCOUNT TIRE WILL VACATE THE OLD STORE WITHIN A YEAR OR TWO AND THAT THE PROPOSED NEW STORE WILL BECOME THE PRIMARY STORE,OPENING A WHOLE NEW CAN OF WORMS I WOULD LIKE TO KNOW WHO IS GOING TO POLICE THEIR HOURS IF THEY CAN'T DO IT THEMSELVES NOW ON THEIR COLLEGE STORE' WHO IS GOING TO CHECK THEIR WATER QUALITY OUTLET STRUCTURE TO MAKE SURE IT IS CLEANED OUT ON A REGULAR BASIS AND THAT OIL DOES NOT LEAK INTO FOSSIL CREEK' FOSSIL CREEK(WHICH IS COUNTY)FLOWS INTO FOSSIL CREEK RESERVOIR (WHICH WAS ACQUIRED BY THE CITY ABOUT THE TIME DISCOUNT TIRE BOUGHT THE LAND) FOSSIL CREEK RESERVOIR THEN FLOWS INTO THE PLATTE RIVER SO,IF THERE IS ANY KIND OF OIL CONTAMINATION,IN TEN OR FIFTEEN YEARS,IT GOES INTO THE PLATTE RIVER I HAVE NOT SEEN ANY INFORMATION PERTINENT TO THE ENVIRONMENTAL IMPACT OF OIL OR OTHER PETROLEOM BASED PRODUCTS THAT MAY LEAK INTO THE GROUND WATER IN THE IMMEDIATE AREA OF THE PROPOSED DISCOUNT TIRE SITE ON HWY 287 AND FOSSIL RIDGE PARKWAY THIS INFORMATION WOULD RELATE TO ANY LEAKS THAT MAY OCCUR DURING THE CONSTRUCTION PHASE OR LEAKS OCCURING AFTER CONSTRUCTION IS COMPLETE FURTHER,I HAVE NOT SEEN ANY RECORED OF STUDIES CONDUCTED ON THE PERMEABILITY OF THE TOP SOIL OR THE PERMEABILITY OF THE HARD ROCK FORMATION THAT UNDERLIE THE TOP SOIL LAYER. THESE STUDIES,I FEEL SHOULD RELATE TO HOW PETROLEUM DISTILLATES MOVING THROUGH THESE VARIOUS LAYERS THESE PRODUCTS MAY HAVE TO BE STORED OUTSIDE THE FACILITY WITH THE POSSIBILTY OF LEAKS OCCURING I FEEL THIS INFORMATION IS OF THE HIGHEST IMPORTANCE BECAUSE OF THE ENVIRONMENTAL IMPACT IT MAY HAVE,NOT ONLY IN THE IMMEDIATE AREA,BUT DOWNSTREAM ALONG THE FOSSIL CREEK DRAINAGE AND BEYOND NOT HAVING THE WHERE WITHAL TO CONDUCT THESE STUDIES IT IS MY BEST ESTIMATE THAT THE TOP SOIL WILL BE MORE PERMEABLE SECONDARY TO THE EXTENSIVE DIRT WORK THAT MAY BE REQUIRED IN THE CONSTRUCTION OF THE DISCOUNT TIRE PROJECT LASTLY,I FEEL THAT IF IT IS IMPORTANT TO KNOW WHO IS RESPONSIBLE FOR THESE STUDIES AND WHO WILL ULTIMATELY BE RESPONSIBLE FOR ANY ADVERSE ENVIRONMENTAL IMPACT IN THE FUTURE I HAVE ADDED SOME PICTURES AS I DID PREVIOUSLY,ALONG WITH A DRAWING THAT INDICATES WHERE TOP SOIL WILL BE IMPACTED BY OIL,DIESEL FUEL, AND NOT PROTECTED BY THE WATER QUALITY POND I HAVE ALSO ADDED SHEET NUMBER 3 OF 12,JOB NUMBER FCMEADOW CRD GRADING,DRAINAGE AND EROSION CONTROL PLAN PREPARED BY WES LEMARQUE FOR YOUR INFORMATION SO THAT YOU MAY SEE FOR YOURSELF HOW THIS SHOULD WORK I HAVE MADE SOME MARKS THAT MAY HELP YOU I WOULD LIKE TO THANK MY HUSBAND,JOHN WHO WAS A"MUD ENGINEER"FOR 18 YEARS IN THE OIL FIELD FOR HELPING ME WRITE THIS APPEAL HIS SKILL AND KNOWLEDGE SHOULD'T GO UNOTICED AT PRESENT HE IS AT PVH AS A PRACTICING RN ADMINSTRATING/SUPERVISOR FOR THE PAST 10 YEARS AND I COULDN'T BE PROUDER ON BOTH COUNTS' I STILL HAVE ONE UN ANSWERED QUESTION IF THIS LETTER IS PASSED ON TO DISCOUNT TIRE WHY THIS SPOT? I FEEL THAT AT LEAST I AM OWED THIS ONE ANSWER TO THIS ONE QUESTION' THANK YOU FOR YOUR PATIENCE AND UNDERSTANDING WITH MY FIRST LETTER MERILEE J LUBE A6, OPINION, The Coloradoan, Monday August 6 2001 www coloradoan corn cafe that they were close to com is -r��- Topic, All quality Truck emissions have her seeing red Fort Collins may not be seeing standard on cars and the weigh station from Laramie '> red air quality lust yet but I sure cleaner operating to charge these velucles for the pol am'To quote Sally Bridges June 24 new cars and oxy lution they subject our city to? article in the Coloradoan Last genated gasoline MR Is When I visit Denver I see it even week Denver recorded its first have contributed worse But still in Fort Collins I do red air quality day when the city's to decreasing car not see in anything Sally Bridges ozone standard exceeded the na bon monoxide lev article about commercial vehicles ' tional ambient air quality standard els in the past 10 Are they exempt?Do they not have for ozone That standard is aver years N2 to be mspected? If I am behind a ' aged during an eight hour period My reason for commercial truck of any kind can I I Please understand that I am not quoting Sally Merllee call Sally Lucinda or the EPA and t taking Sally Bridges to task How Bridges article is Lu be report a license number and/or the i ever I am wondering if she could something that has company in violation to report the have taken her investigation fur turned me red air Soapbox violation of red air quality? 9 ther and investigated the commer- quality for dozens Citizens of Fort Collins and all of f cial vehicles on our city streets and of years The word is cars Why is it Colorado are you willing to cough interstate lughways I am however that we who own and drive cars up more money for pollution con- t using quotes from her article to S Ws pickups and motorcycles trol and let the word cars be the on e make a point that has been a `thorn must pa} the price for heavy duty ly word in the emissions control 9 in my craw for years trucks? I mean dump trucks city vocabulary or have the large corn a Fort Collins has never recorded trucks construction trucks gaso- mercial vehicles and the hydro- I a red air quality day and this sum- line and diesel trucks and the 18 carbons and nitrogen oxides they mer should not be differen4 said wheelers that use Interstate 25 and emit be subject to a complete in I Sarah Fox environmental educator Riverside as a passageway to the vestigation,or by some"quirk are 1 with the city interstate? The cm is asking for they exempt from such taxes? I V Each year Fort Collins rest many millions of dollars of our tax As a footnote my 1991 W dents are spending more time in es for street improvement from us Westphalia is subjected to an emis ' their cars driving around the city but they continue to allow every sions inspection every year If it This increased driving more traffic commercial truck that shifts gears doesn t comply I am responsible ' and long commutes mean Fort to spill out hydrocarbons to nitro for taking care of it and then being Collins could endure a red day in gen oxides hundreds of times a charged for a second test When I the not too distant future Fox day had a 1964 Land Rover I could pur said We ve all seen it'The city wants chase a tag from the city for $25 Lucinda Smith an environmen us to pay but not those who enut that meant that once it was inspect- tal planner with the city agreed those hydrocarbons and nitrogen ed it didnt have to be inspected and air quality experts are starting oxides who drive through our city again Is there something wrong to pay more attention to the city s and make red air quality i possi with this picture? w ozone levels Stricter emission bdity Where is the traffic control Merllee Lube lives in Fort Collins LCtret s To The Editor ed r ^u w � y oil j° N cYj V Wlf ° k 4 a wt 3 L t- j L 0 S nl J LU 1 � `y + spy p w co w w � W s o L o r ' W Lel 3 � `- Y - 0 nd .1 ✓1 � 2 � v d w N ° F � o Q d t N 4' d d J j W 45 N J u1 3 Lt- 3 �-�' k e M 4Wj n w o .a a w CD OWLr 71 0 g Jdd y w d o ' o tl _!2 H 4 3 Z + 49 s V N vi .� N G W W w '� N t '� P S N D cg Ln ` ltSi i I 2 t r i o-� Vd d o o fl : + 4 3 + p1 3 a in J T .c IQ N 3 N N 3 F 3 J o 0 0 ' to N T µ h 3 + � �j 03 hl �h f V f � 5 � ��-�] � U 3 OM k d� + w a , s w j 00 lu _C F Ln 0 1 A N i VU � = r e_ 4 t �r L T �� �, Zf •i'1� 4 W N Tl N IIV vi CJ o ^ r $ Cl cv J 4Qu, a N S 3 1 -g " ran -+ pl�- � al vJ z © v o 9 N IW 04 � y"r1 "l�v����'ldl� "• 3 -14 ol N © C1 of vi z VV r 3 a P m .F 1 a « LA 4, w W_ \ I N ^ 7 Cl, N 4.1 I1 11 � � � N s o U + T w o J s Ln I yV © 00 L i alc • I CE m OUT N LL Q AL W J UJ C) 47 Y RL co — Q J _ Q I POL i O cc W 0 Q CC Z O Er LL C �R S 06-02 Discount Tire at Fossil Creek 05/23/02 N Project Development Plan Type I (LUC) 1 inch 600feet Community Planning and Environmental Services Current Planning IAMft City of Fort Collins CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE October 1 2003 PROJECT NAME Discount Tire Project Development Plan CASE NUMBER #26-02 APPLICANT Louise Herbert V F Ripley & Associates 401 West Mountain Avenue Suite 201 Fort Collins CO 80521-2604 OWNER Discount Tire Company 14361 N Scottsdale Rd Scottsdale AZ HEARING OFFICER Cameron Gloss Cu,ient Planning Director PROJECT DESCRIPTION This is a rehearing for a Project Development Plan (referred to herein as the Project or the PDP') proposing a one-story 8 480 sq ft tire store located at the southeast corner of South College Avenue and Fossil Creek Parkway A hearing was previously conducted on July 2 2003 and the Hearing Officer rendered a conditional approval however the decision was subsequently appealed to City Council On September 2 2003 the City Council remanded the decision back to the hearing officer for a rehearing SUMMARY OF HEARING OFFICER DECISION Conditional Approval ZONING DISTRICT C — Commercial District 281 Noi ih (olle},a Avenue PO Box 580 Fort Collins CO 80522 0580 (9-0) 221 6^50 FAX (970) 416 2020 Discount Tire PDP Administrative Hearing Findings Conclusions and Decision October 1 2003 Page 2 of 7 STAFF RECOMMENDATION Conditional Approval NOTICE OF PUBLIC HEARING Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was properly posted, legal notices mailed and notice published PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code opened the hearing at approximately 7 30 p m on October 1, 2003 in the City Council Chambers at 300 Laporte Avenue Fort Collins Colorado HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE The Hearing Officer accepted during the hearing the following evidence (1) Planning Department Staff Report, (2) application, plans maps and other supporting documents submitted by the applicant and the applicants representatives to the City of Fort Collins, and (3) a tape recording of public testimony provided during the hearing The LUC the City's Comprehensive Plan (City Plan) and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer The following is a list of those who attended the meeting From the City Troy Jones City Planner Katie Moore, Development Review Engineer Wes Lamarque, Stormwater Engineer From the Applicant Rich Sommer, Discount Tire David Parker, Protect Architect Stanley Dunn Alpine Engineering Jack Blake Consulting Engineer Louise Herbert VF Ripley Members of the Public Providing Testimony Marilee Lube, 5326 Fossil Ridge Drive Cynthia South, 5201 Fossil Ridge Drive Gene and Molly Fiechtl 5430 Fossil Court North Discount Tire PDP Administrative Hearing Findings Conclusions and Decision October 1 2003 Page 3 of 7 Lynne Block, 5328 Fossil Ridge Drive East Erin Branchflower, 5306 Fossil Ridge Drive Written Comments None FACTS AND FINDINGS 1 Compatibility with Surrounding Uses The surrounding zoning and land uses are as follows W C — College Avenue, Existing Cameron Park office development, POL— Existing City owned Redtail Grove Natural Area N C — Fossil Creek Parkway, vacant Parcel existing retail shopping center, NE Residential (R) Zone in Larimer County — Fossil Creek Parkway, existing single family detached portion of the Fossil Creek Meadows Neighborhood E Residential (R) Zone In Larimer County— Existing single family attached portion of the Fossil Creek Meadows Neighborhood Fossil Creek, neighborhood park, S Residential (R) Zone in Larimer County— Existing neighborhood SW C — College Aveune POL— Existing City owned Redtail Grove Natural Area The property was annexed as part of the Fossil Creek Third Annexation in April of 1985 The evidence established that the owner of the subject property was originally entitled by the C Commercial zone district to the use of the site exclusively for commercial development, including the proposed tire store use A commercial zone designation has been assigned to this property since 1977, when the area was first developed in Larimer County This commercial zoning predates much, if not all, of the residential development within the immediately surrounding area When the property was annexed into the City of Fort Collins in 1985, the C- Commercial designation was assigned consistent with the previous Larimer County zoning As a result residential owners understood, or should be charged with some level of knowledge that the subject property would be used for commercial purposes Testimony was offered at the hearing by neighboring residential landowners concerning the anticipated or feared impacts of the proposed development and its design upon the residential land uses of the Fossil Creek Meadows Discount Tire PDP Administrative Hearing Findings Conclusions and Decision October 1 2003 Page 4 of 7 Subdivision These impacts included increased noise, traffic vehicular circulation, truck access, lighting, visual impact, and negative impacts to flooding, water quality and wildlife habitat An issue raised by some opponents involved adverse noise impacts It was an expressed fear of the opponents that the noise generated from air impact wrenches and other aspects of the operation would create unreasonable and significant adverse impact to the neighborhood As part of the Applicants submittal, noise studies were submitted that identified both noise impacts associated with the prototype budding proposed for this Development as well as a site-specific noise study The site-specific study concluded that noise generated from the development will generally be at or below the ambient noise level generated by traffic along S College Avenue A sound engineer testified at the hearing that topographic change on the subject property is not so dramatic that It would create a "Canyon Effect and there will actually be relatively good absorption for sound travelling away from the tire bays toward the south Section 20-23 of the City Code specifies that the maximum noise generated will be no more than 55 dB(A) from 7 00 am to 8 00 pm Pursuant to Section 20-24 the noise levels shall be measured at or within the property boundary of the impacted land use Based on the submitted noise studies and public testimony provided by the sound expert at the hearing the Hearing Officer is convinced that the applicable noise standard will be met Adverse traffic conditions in the immediate area of S College and Fossil Creek Parkway were another main issue raised by many opponents of the Development Concerns were two-fold one related to the additional volume of traffic passing through neighboring streets, and another related to the access on Fossil Creek Parkway for large trucks delivering and picking up tires Based on the Applicant's Transportation Impact Study (TIS) and evidence presented on the issue of traffic volumes affecting Fossil Creek Parkway, the Hearing Officer is convinced that vehicular conflicts will not increase in any significant manner by the traffic generated by the Project Traffic projections provided in the applicants Transportation Impact Study are based on actual traffic counts from the same prototype store No evidence or testimony was provided that leads the Hearing Officer to find that trucks entering/exiting the site will be unable to negotiate the existing access driveway and median configuration The Hearing Officer acknowledges and appreciates that residents have provided careful thought in the framing of their concerns, however, the weight of evidence presented by the Applicant and corroborated by the City staff supports a finding of compliance with the Transportation Level of Service Requirements There was considerable discussion at the hearing regarding projected lighting levels and the perception that lighting would adversely impact surrounding properties The Applicant confirmed that four types of lighting will be provided Discount Tire PDP Administrative Hearing Findings Conclusions and Decision October 1 2003 Page 5 of 7 on-site parking lot lights, wall mounted and shielded security lights near the bay doors, showroom lights, and internally illuminated wall signs with pan channel letters Based on concerns raised by neighboring residents the applicant agreed to extinguish all parking area lights no later than 8 00 p m Requests were made to the Hearing Officer by area residents to consider the Impacts on the quality of life that might arise due to the existence of a neighboring tire store near a residential area One related Issue is the effectiveness of landscape materials to screen the store and parking area from view One neighbor, in particular, expressed concern about the Impact to views from her residence located immediately to the southeast Testimony provided at the hearing Indicated that an existing storm sewer easement controlled by South Fort Collins Sanitation District would prohibit trees to be planted along the east portion of the site Admittedly, many, if not most, residential owners would not desire a new use of this type within the immediate vicinity of their homes However, the subject property has long been planned and zoned for a commercial use, such as contemplated by the PDP and, in fact, the subject property was available for other commercial uses with potentially greater intensity than that proposed by the PDP The Hearing Officer both sympathizes with the neighboring property owners and finds the Applicant/Owner has attempted, through building placement and orientation near the corner of S College Avenue (a heavily traveled State highway), and landscape treatments, to mitigate impacts between the lawfully permitted use of the subject property and the neighboring residences Although the Hearing Officer finds that some of the concerns raised by the opponents of the PDP were insightful and might potentially improve acceptance of the PDP by the neighboring landowners, the PDP must be judged under the existing applicable regulations of the Fort Collins Land Use Code These regulations provide sufficient specificity to determine that the Applicant and Owner have designed the PDP in conformance with the applicable regulations and there is no authority for the Hearing Officer to mandate that the Applicant or Owner exceed the minimum requirements of the Land Use Code, and other applicable regulations, in designing the development 2 Compliance with Article 4 and the C — Commercial Zoning District Standards The Project Development Plan complies with all applicable requirements of Article 4 and the C zone district The Staff Report summarizes the PDP s compliance with these standards In particular, the proposed tire store which is considered a 'minor vehicle repair, servicing and maintenance' use is permitted within the C zone district subject to an administrative review See Section 4 17(2)(c) of the LUC The Project is also in conformance with Section 4 17(D) Discount Tire PDP Administrative Hearing Findings Conclusions and Decision October 1 2003 Page 6 of 7 land use standards relating to building height, calling for buildings to be four stories or less 3 Compliance with Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with all applicable sections of Article 3 of the LUC except the Orientation to Build To Lines Standard found in Section 3 5 3(B)(2) The Planning and Zoning Board found, in a public hearing held on August 15, 2002, pursuant to the criteria of Section 2 8 2 that the proposed building could be setback further from Fossil Creek Parkway than the maximum 15 feet permitted In addition to the neighborhood compatibility issues that were raised, testimony provided at the hearing questioned whether the standards for stormwater runoff, wildlife habitat, and water quality protection were being met by the PDP It was an expressed fear of the opponents that the Protect will cause environmental damage to the adjacent Fossil Creek and poses a stormwater safety issue for the surrounding area As outlined in the Applicant's Final Drainage and Erosion Control Report and corroborated by the City's Stormwater Engineering staff at the hearing runoff water will be detained on the property and will release at a two year historic rate The protected level of drainage will release water at the same rate as in its present undeveloped condition In addition to the quantity of water, the detention design will ensure the quality of water entering into Fossil Creek An Ecological Characterization Study, including a field survey, was conducted to identify any unique or sensitive natural resource features on-site or impacted by the Development Large trees on the south end of the property will be maintained as part of the PDP Protect impacts to natural habitat will be mitigated by a 100 buffer area between the creek and the proposed facilities and one quarter mile buffer from an existing Redtail Hawk's nest located to the southwest consistent with requirements found in the LUC The Staff Report summarizes the PDP's compliance with these standards and there was no evidence submitted at the hearing to contradict the statements and conclusion of the Staff Report concerning compliance or to otherwise refute compliance with the Article 3 Standards SUMMARY OF CONCLUSIONS A The Discount Tire Protect Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC) Discount Tire PDP Administrative Hearing Findings Conclusions and Decision October 1 2003 Page 7 of 7 B The Discount Tire Protect Development Plan complies with all applicable district standards of Section 4 17 of the Land Use Code (C) Commercial zone district C The Discount Tire Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code, except where a modification was previously granted by the Planning and Zoning Board DECISION The Discount Tire Project Development Plan #26 02 Is hereby approved by the Hearing Officer subject to the following conditions 1 The Applicant shall include on the Final Plan the hours of operation of 8 00 a m to 6 00 p m Monday through Friday, and 8 00 a m to 5 00 p m on Saturday 2 The Applicant shall ensure that parking area lights are extinguished no later than 800pm 3 This approval is contingent upon the City Council vacation of portions of the College Avenue (SH 287) and Fossil Creek Parkway rights of way as specified on Exhibit A' of the "Right-of way vacations for Discount Tire at Fossil Creek PDP' Dated this 7th day of October 2003, per authority granted by Sections 1 4 9(E) and 2 1 of the Land Use Code s 1y'[-ate Cameron Gloss Current Planning Director ITEM NO 2 of 2 NIFETING DATE ]L / 03 STAI 1_J_CG,y 301125_ City of Fort Collins HEARING OFFICER STAFF REPORT PROJECT Rehearing of Discount Tire at Fossil Creek P D P File # 26-02 APPLICANT Louise Herbert V F Ripley & Associates 401 West Mountain Avenue, Suite 201 Fort Collins CO 80521 2604 OWNER Discount Tire Company PROJECT DESCRIPTION This is a rehearing for the project The original hearing was conducted on July 2 2003 The hearing officer's decision was subsequently appealed to City Council On September 2, 2003 the City Council remanded the decision back to the hearing officer for rehearing The applicant is intending to construct a tire store at the southeast corner of College Avenue and Fossil Creek Boulevard The property is located in the Commercial (C) zone district RECOMMENDATION Approval EXECUTIVE SUMMARY The proposed land use 'minor vehicle repair servicing and maintenance is permitted in the (C) Commercial zone district subject to a Type 1 review The Project Development Plan complies with all applicable district standards of Land Use Code Section 4 17, (C) - Commercial zone district The Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Fort Collins Land Use Code COMMUNirY PLAN NINC AND ENVIRONMENTAL SERVICES 281 % COHLc,cAvc PO RivW Fort Colhns C0805220580 (970).2167>0 ILANNIN( DIIARFMLNT Rehearing of Discount Tire at Fossil Creek P D P , File # 26 02 October 1, 2003 Type 1 Hearing Page 2 COMMENTS 1 Background The surrounding zoning and land uses are as follows W C — College Avenue, Existing Cameron Park office development, POL — Existing City owned Redtail Grove Natural Area, N C — Fossil Creek Parkway, vacant Parcel, existing retail shopping center, NE Residential (R) Zone in Larimer County — Fossil Creek Parkway existing single family detached portion of the Fossil Creek Meadows Neighborhood, E Residential (R) Zone in Larimer County — Existing single family attached portion of the Fossil Creek Meadows Neighborhood, Fossil Creek, neighborhood park, S Residential (R) Zone in Larimer County — Existing neighborhood SW C — College Aveune, POL — Existing City owned Redtail Grove Natural Area The property was annexed as part of the Fossil Creek Third Annexation in April of 1985 2 History of the Appeal At the original Type 1 hearing for the Discount Tire at Fossil Creek Project Development Plan, conducted on July 2, 2003, a representative of Discount Tire Company mistakenly stated that the normal hours of operation for the proposed Discount Tire Company building would be from 8 30 a m to 5 30 p m , Monday through Saturday, closed on Sundays Subsequently, on July 14, 2003, the administrative Hearing Officer approved the Discount Tire at Fossil Creek Protect Development Plan subject to the condition that the Applicant shall include on the Final Plan the hours of operation of 8 30 a m to 5 30 p m Monday through Saturday " The Appellant contended that the actual hours of operation for all Discount Tire Company stores nationwide, is 8 00 a m to 6 00 p m , Monday through Friday and 8 30 a m to 5 00 p m on Saturday At the September 2 2003 appeal hearing on this matter, Council considered the testimony of City staff the Appellants, and the Opponents to the Appeal In subsequent discussion at this hearing Council determined that the Administrative Hearing Officer did not conduct a fair Rehearing of Discount Tire at Fossil Creek P D P , File # 26-02 October 1, 2003 Type 1 Hearing Page 3 hearing in that he considered evidence relevant to the finding which was substantially false In accordance with the procedures for appeals as described in Chapter 2, Article II, Division 3 of the City Code, City Council decided to remand the matter back to the administrative hearing officer for rehearing 3 Division 4 17 of the Land Use Code, Commercial District (C) The proposed use of "minor vehicle repair servicing and maintenance" is a permitted use in the (C) Commercial Zoning District subject to administrative review 4 Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with all applicable General Development Standards as follows A Site Planning and Design Standards [3 2] 1 Landscaping and Tree Protection [3 2 1] • Full Tree Stocking [3 2 1(D)(1)(c)] — Full tree stocking is required in all landscaped areas within 50 feet of any building along high use or high visibility sides Full tree stocking is formal or informal groupings of trees planted at 30 to 40' spacing intervals for canopy shade trees, or at 20 to 30' spacing intervals for coniferous evergreens or ornamental trees The proposed site plan satisfies this standard • Street Trees [3 2 1(D)(2)] — Street trees are required at 30 to 40 foot spacing along adjacent streets The application satisfies this standard • Minimum Species Diversity [3 2 1(D)(3)] — Based on the total proposed number of new trees (48), the applicant would be allowed to have up to 25% of any one species (12) but has only proposed a maximum of 9 of one species, therefore satisfies the minimum species diversity requirement • Foundation Plantings [3 2 1(E)(2)(d)] — All exposed sections of building walls located in high visibility areas have planting beds of at least 5 feet in width The Rehearing of Discount Tire at Fossil Creek P D P File # 26 02 October 1, 2003 Type 1 Hearing Page 4 landscape plan therefore satisfies the foundation plantings requirement • Parking Lot Perimeter Landscaping [3 2 1(E)(4)] —Trees are provided in excess of the required 1 tree per 40 feet around between the vehicular areas and the adjacent streets The landscape plan therefore satisfies the parking lot perimeter landscaping requirement • Screening [3 2 1(E)(6)] — Landscape and building elements are placed to adequately screen areas of low visual interest and visually intrusive site elements including the trash enclosure area • Utilities [3 2 1(K)] —The landscape and utility plans have been coordinated and the required tree/utility separations have been provided thereby satisfying this standard 2 Access Circulation and Parking [3 2 2] • Safety Considerations [3 2 2(C)(1)] — Pedestrians are separated from vehicles and bicycles to the maximum extent feasible, thereby satisfying this requirement • Curbcuts and Ramps [3 2 2(C)(2)] — Ramps are provided where the street sidewalks cross the private drive aisles, thereby satisfying this requirement • Parking Lot Layout [3 2 2(E)] —The on-site vehicular area provides well-defined circulation routes for vehicles and pedestrians Landscaped peninsulas with raised curbs define vehicular area entrances This standard is therefore satisfied • Parking Lots — Required Number of Off-Street Spaces for Type of Use [3 2 2(K)] —This Section of the Land Use Code specifies that vehicle servicing and maintenance establishments can have up to 5 spaces per 1000 square feet of gross leasable area of budding However in the event that on-street or shared parking is not available on land adjacent to the use, the maximum allowed parking may be increased by 20% provided that the amount of parking lot landscaping is also increased by 20% The applicant proposes 46 parking spaces, which does in fact exceed the 42 spaces that would be allowed if the 5/1000 Rehearing of Discount Tire at Fossil Creek P D P , File # 26-02 October 1, 2003 Type 1 Hearing Page 5 ratio were applied however there is no on-street or shared parking available on any adjacent site, and the parking lot landscaping exceeds the minimum required by more than 20% therefore 46 spaces is permitted 3 Solar Access, Orientation, Shading [3 2 3] — The proposed plan is designed in a way that protects its roof's access to sunshine between 9am and 3pm on December 215t The physical elements of the development plan are located and designed in a way that will not cast a shadow onto structures within the site or on adjacent property greater than allowed in this section 4 Site Lighting — [3 2 4] — As required the applicant is using lighting fixtures that are concealed and fully shielded featuring sharp cut-off capability which reduces up light, spill light, glare and unnecessary diffusion on adjacent property The maximum and minimum lighting on-site lighting levels are in compliance with this section B Engineering Standards [3 3] 1 Plat Standards [3 3 1] As required the general layout of the lots roads, driveways utilities, drainage facilities and other services within the proposed development are designed in a way that utilizes the existing street system within the neighborhood Proper right-of way has been dedicated for adjacent public streets, emergency access easements, and utility easements have been provided as needed to serve the area being platted 2 Water Hazards [3 3 3] — The PDP has been reviewed by and complies with the requirements of the Stormwater Department 3 Engineering Design Standards [3 3 5] —This protect complies with all design standards, requirements, and specifications for all of the commenting departments and agencies C Building Standards [3 5] 1 Budding and Project Compatibility [3 5 1] — • Purpose [3 5 1(A)] — Physical and operational characteristics of proposed buildings and uses are required to be compatible when considered in context with the surrounding area This commercially zoned property is adjacent to US Highway 287, existing retail existing offices and existing residential uses In I Rehearing of Discount Tire at Fossil Creek P D P , File # 26-02 October 1, 2003 Type 1 Hearing Page 6 Article 5 of the Land Use Code, 'compatibility" is defined as follows Compatibility shall mean the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony Some elements affecting compatibility include height scale, mass and bulk of structures Other characteristics include pedestrian or vehicular traffic, circulation access and parking impacts Other important characteristics that affect compatibility are landscaping, lighting, noise, odor and architecture Compatibility does not mean "the same as " Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development " The primary issue in this case regarding compatibility' is the extent to which the noise generated by Discount Tire will be of an intensity and duration that is sensitive to the nearby residential uses The proposed Discount Tire PDP includes a sound analysis that shows that the measurement of noise coming from a typical Discount Tire budding to be approximately 59 decibels at 89 feet in distance in front of the building The actual south property line of the Discount Tire PDP is 220 feet (at its closest point) in front of the garage door side of the building The Fort Collins City Code [Sec 20-231 specifies that noise originating from a commercial use that travels into a residential zone district shall be limited to no more than 55 decibels between 7 00 a m and 8 00 p m Staff has determined that based on the information submitted that the Discount Tire's noise levels in the adjacent residential zone district will be lower than 55 decibels during Discount Tire s proposed operating hours and therefore compatible when considered in context with the surrounding area • Architectural Character [3 5 1(B)] - The proposed budding uses the same colors and materials already found in the neighborhood therefore is compatible with the established architectural of buildings in the surrounding area • Outdoor Storage Areas/Mechanical Equipment [3 5 1(1)] - Utility meters trash collection and other service functions are incorporated into the overall design scheme of the site so that these uses are screened and out of view of high visibility areas Rehearing of Discount Tire at Fossil Creek P D P , File # 26-02 October 1, 2003 Type 1 Hearing Page 7 • Operational/Physical Compatibility Standards [3 5 1(J)] — The hearing officer has the ability to impose restrictions on the hours of operation in order to ensure that new development will be compatible with existing neighborhoods and uses Much concern was expressed by nearby residential neighbors regarding noise levels during early evening hours when they are getting home from work and eating dinner Staff recommends to the hearing officer that a condition specifying that the closing time shall be no later than 6 00 p m will satisfy any noise-related compatibility concerns 2 Mixed Use, Institutional and Commercial Buildings [3 5 3] — The applicant was granted a modification to Section 3 5 3(B)(2) of the Land Use Code from the Planning and Zoning Board on August 15, 2002 The standard would normally require buildings to be setback no more than 15 feet from streets classified smaller than a full arterial however the applicant was granted permission to position the building so that its setback from Fossil Creek Parkway vanes between 26 5 feet and 39 5 feet The building otherwise satisfies the requirements of Section 3 5 3 for variation in massing fagade treatment, entrance treatment, and the base and top treatment requirements, therefore the application satisfies the requirements of this section of the code D Transportation and Circulation [3 6] 1 Master Street Plan [3 6 1] — College Avenue is designated as a "Major 6 Lane Arterial on the Master Street Plan, and Fossil Creek Parkway is designated as a "Collector 2 Lane ' According to current standards there is excess right of-way on College Avenue This project proposes vacation of the excess College Avenue right-of way, as well as the vacation and dedication of small portions of right-of way on Fossil Creek Boulevard These vacations must be approved by council, which staff anticipates will be approved without controversy Staff does however recommend that a condition be placed on the approval of the P D P that conditions such approval upon successful right-of-way vacation by City Council 2 Transportation Level of Service Requirements [3 6 4] —The Transportation Planning Department and the Traffic Operations Department have determined that the project meets the applicable Transportation Level of Service(LOS) requirements Rehearing of Discount Tire at Fossil Creek P D P , File # 26 02 October 1 2003 Type 1 Hearing Page 8 FINDINGS OF FACT/CONCLUSIONS After reviewing the Discount Tire at Fossil Creek P D P , staff makes the following findings of fact and conclusions 1 The proposed land use is permitted in the (C) Commercial zone district 2 The Project Development Plan complies with all applicable district standards of Section 4 17 of the Land Use Code, the (C) Commercial zone district 3 Upon action by City Council vacating several portions of College Avenue and Fossil Creek Parkway rights-of way the Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code except section 3 5 3(B)(2) where a modification was granted by the Planning and Zoning Board RECOMMENDATION Staff recommends approval of the Discount Tire at Fossil Creek P D P File # 26 02 under the following two conditions 1 The applicant shall ensure that the store will close no later than 6 00 pm , and 2 This approval is contingent upon the City Council vacation of the proposed portions of College Avenue and Fossil Creek Parkway rights-of-way as specified on exhibit A of "Right-of-way vacations for Discount Tire at Fossil Creek PDP" which will be attached to an upcoming City Council ordinance Y s / n P HIM +ldiiFg",s rirr,;l I et P ir14yi{griis9i � iIlgsgi°iry93gagai /° o I 'I\ 1a EB s9 EE;! • IA 7 is gg5 ' ll .aY y ji __ _ - - - - Gm Awmft W 3nN3AV 393TW HIMS .� g Y � Qlpdp { tYll j{,e{ �I����1—��7`—atF� l M'� Iti llt (t lllYl'=lf l�,�ls ( � �Int„{liiii� fil � o 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A City requires a water quality feature often water must run through grassy area Q Amount of water" A Stream catches runoff Q When will landscaping occur? How big will trees beg Will everything planted be shown on the plans9 Q Why did the applicant pick the site' Comment Don t plant same trees as in the corridor Comment Should still detain stormwater flows and release at historic rate Don t want to impact hydrology Comment Development will add to flooding Q Isn t the parcel east of here going to be a park9 Comment Would prefer office building Comment Traffic congestion already bad at this intersection Response Applicant will be required to submit a Traffic Study • Q When will Snead Drive go through9 Q Will there be access to College Ave 9 Are there street lights planned along College9 Page l of l Q Where will tires be stored9 • A Only inside Comment Concerned about sound of equipment It should be mitigated What about a noise baner9 Q Lighting" Q How many cars do they service9 Comment There should be another neighborhood meeting conducted so that experts with the answers to these questions can be available to clear them up Comment The traffic study should be done when apartments are full Q Will there be sidewalk along Fossil Creek Blvd 9 A Curb gutter sidewalk on both sides Q Sidewalk along College" A Along property frontage Q How will it be continued9 Q Where will dumpsters go" Q Geotechnical work water table9 Q Chermcals from stormwater flows over the parking lot how are they disposed of A Water runoff flows over grass to filter Comment Concern about asbestos washing site cleaning flows off of site Response Sewer Comment City treatment plan may not clear water fully i e hard metals Q Biggertrees9 Comment Trees insight distance areas keep clear for safety Page 2 Neighborhood Meeting Notes caN of tort Collftll Discount Tire at Fossil Creek PDP Meeting Date 7/11/2002 2nd Neighborhood Meeting Staff present Troy Jones Current Planning Doug Moore, Natural Resources Eric Bracke Traffic Operations Dan McAurther Neighborhood Resources Questions and Answers Q What kind of signage will there be7 A Ground mounted monument sign and budding mounted signs Q Are there stop signs for traffic before it enters Fossil Creek Boulevard? A Snead Drive and the Discount tire access drive will have stop signs for traffic entering onto Fossil Creek Boulevard Q Are you going to disturb the creek • A [from Natural Resource Staff] - There is an average 100 wide buffer required from Fossil Creek The City will locate the future Fossil Creek Trail next to the creek along the south property edge of this development Comment Most of the property south and east of site is the open space belonging to the neighboring Home Owners Association Q Will there be pollution that effects the creek9 (Stormwater runoff) A There are requirements in place to contain ten year storm and a grease trap is required for any inside floor drainage The water from the parking lot drains to an on-site detention pond that will hold the water for forty hour before it drains completely back into the creek The detention pond will filter debris from floods within the 100 year flood plain Q Oil Change'? A Not done here Trench drain and grease seperator is for hosing off the garage floor None of the floor drain water goes to Fossil Creek, it goes into the City's sanatary sewer system Q Will there be air ratchet noise and at what hours? A [by applicant] Hours are 8-5 Monday through Saturday closed Sunday Decibel level measurements are indicated on a hand out that was passed out at the meeting • Decibel measurements 90 away are under 60 decibels which is equivelant to a Pape I ur 1 conversational level of noise Any natural haoitat buffer reduction needs to address noise Q What's the anticipated time frame? A The applicant hopes to complete the City review within 120 days Most likely construction won t start until after first of the next year Open either April or May Q This store in addition to College Ave store? A Undecided depends on if this store affects business Q Tire removal? A Hire a sub to come get them, the tires will be stored inside an exclusive discarded tire room enclosed within the building Q Lighting? A The proposed lighting levels fairly low, and within the City s requirements Summary Enclosed is a copy of the sign in sheet from the neighborhood meeting, a statement of planning objectives (including a project description) from the applicant, a copy of the acoustical study showing decibel readings at various distances (that was passed out at the meeting) and a proposed site plan There are still revisions being required by the City that the applicant will need to address No date has been set as of yet for the public hearing for this project All property owners who received notice for the neighborhood meeting will receive a notice by mail of the public hearing • Pale 2 1 1 2 3 4 5 ADMINISTRATIVE REHEARING 6 CITY OF FORT COLLINS, COLORADO 7 8 Held October 1, 2003 At City Council Chambers 9 300 West Laporte Street Fort Collins, Colorado 10 11 In the matter of the Discount Tire Construction Project 12 13 14 Hearing Officer Cameron Gloss 15 16 Staff present 17 Wes Lamarque, Presenter 18 19 20 21 22 23 24 25 2 1 MR GLOSS All right Welcome back It ' s about 2 7 25, and our next item is actually a rehearing There was 3 an administrative public hearing conducted on July 2, 2003 4 My decision was subsequently appealed That decision was to 5 improve the Fossil Creek PDP subject to one condition, and 6 this condition related to the hours of operation, in 7 particular, the hour that the store closed, and the applicant 8 appealed that decision to Council The Council, in an action 9 on September 2 of this year, remanded that decision back to 10 me for a rehearing And when we say a rehearing, I want to 11 make clear to everybody in attendance, that this is a brand 12 new, essentially, a brand-new hearing This is not just 13 adding to testimony that was provided at the previous 14 hearing New information can be presented, and we heard 15 several issues that were raised, and I think those were very 16 clearly stated in my decision, and I won' t go into any great 17 detail about them 18 Just as a reminder to everybody that is here this 19 evening that was at our last hearing, going back to the tape 20 of that hearing, it was kind of difficult to follow, a lot of 21 the dialogue, because we had people being very disruptive at 22 that hearing, and frankly, I don' t want to replicate that I 23 would respectfully ask that when we have a speaker that that 24 be the only person speaking at that time That if you do 25 have a comment, please come to the microphone, please very 3 1 clearly state your name and address for the record, and be 2 respectful of those as they are speaking No applause and 3 that sort of thing, just leave it to the testimony and be 4 respectful of other people ' s opinions 5 And with that, we will go on to our hearing And 6 as I stated at our last hearing, our typical procedure is 7 that the staff will give a presentation, very briefly, 8 reviewing the application relative to the criteria in the 9 city' s Land Use code and make a recommendation, and the 10 applicant will have the opportunity to present, and then we 11 will open it up for public comment Can we have staff 12 presentation, please? 13 MR LAMARQUE Thank you Many of us in the room 14 here tonight are fairly familiar with the project I will 15 just give a brief overview and then turn it back to the 16 hearing officer, and the applicant can go into more detail 17 about the specifics of the site plan But I have an aerial 18 photograph I just wanted to show, mostly, as the conversation 19 goes on tonight with questions and answers, just to let 20 everybody know, the photograph is available to speak to and 21 it may be helpful at some point in the evening It shows the 22 site in relation to the existing buildings within the 23 neighborhood 24 Another item that may be helpful to speak to 25 tonight, is there was a town study that was submitted to 4 1 staff, and it was at the last hearing, we talked about this 2 town study It was presented, actually, for the first time, 3 and when I say this, it is just the colored part of the 4 building was on an 8 and a half by 11 sheet of paper, and it 5 was presented to staff It just happened to be the same 6 scale as the plan that was presented to us, so I taped them 7 together, just for clarity, so that you can visualize what 8 that particular sound study that was submitted at the second 9 neighborhood looks like on-site So that is available if we 10 need to speak to that at some point tonight 11 At the first hearing on, what was it) July 2 It 12 seems to be one of the primary points of concern with many of 13 the neighbors, and then I just have a few site shots These 14 shots were actually taken in the summer of, last summer, in 15 2002, and this was right when the curb in the street project 16 was originally finished This is looking straight -- where 17 am I looking > Yeah, straight east on Fossil Creek Parkway 18 The previous picture was from the intersection of College 19 Avenue 20 This is at the driveway cut that would eventually 21 be going into the Discount Tire site looking west on Fossil 22 Creek Boulevard And then there is -- it would be some of 23 the existing trees up on the site, adjacent to the creek and 24 a view of the creek as it goes adjacent to the site, and then 25 a couple of images of Fossil Creek Parkway and the site And 5 1 then right at the intersection of College Avenue, College 2 Avenue is on the right, and Fossil Creek Parkway is on the 3 right, straight ahead And here is a photograph 4 Okay And I am not going to get into the details 5 of the site plan The applicant gave me a PowerPoint show 6 and asked me to stick it in this show, and I also have a 7 neighbor that brought some photographs in that she would like 8 to speak to, so that is also in this PowerPoint show So, 9 when we get to that point, and when she is ready to talk 10 about that, I can forward to that 11 At any rate, let me just briefly go over what is 12 being requested for those who may not be familiar The 13 applicant is intending to construct a tire store on the 14 southeast corner of College Avenue and Fossil Creek 15 Boulevard The property is located in a V-commercial zone 16 district, and the tire store ' s permitted use, and, in fact, 17 the official use -- let me find it "Minor vehicle repair, 18 servicing and maintenance" is the official use that the 19 Land Use code refers to, and that is permitted use in a 20 V-commercial zone district 21 At one point, I wanted to bring out, as far as the 22 Land Use code and the city code criteria, is the issue of how 23 does the city' s regulations treat noise? And this is 24 specifically addressed in section 20-23 of the city code, not 25 the Land Use code, but the city code And basically, to 6 1 summarize what it says, if you have got a commercial use that 2 is ad3acent to a residential area, the commercial use shall 3 be limited to no more 55 decibels at the end of where that 4 residential zone starts between the hours of 7 00 a m and 5 8 00 p m And in reviewing the decibel information that has 6 been provided and in measuring the distance in feet, it 7 appears that the decibel level will be under 55 decibels 8 between those hours So staff is recommending approval, 9 however, we are recommending approval with the condition that 10 the store close no later than 6 00 p m on the days that it 11 is open And with that, I will return it back to you 12 MR GLOSS Thank you Can we hear from the 13 applicant, please? 14 MR PARKER My name is Dave Parker, and I 15 appreciate being here again We have been through the report 16 as well, and believe it expresses what we plan to do, and the 17 fact that we meet all of your requirements We have no 18 problem with any of the comments in there with the exception 19 of, I hate to bring up the issue of hours, but we would like 20 to stipulate the opening hours as being 8 00 o' clock in the 21 morning, as well, and closing at 6 00 And I am here with a 22 large group of people, who my company -- and some other 23 consultants that we have on hire for this, and we can address 24 any of the issues that come up, probably better than myself 25 at this point So at that point, I think we will open it up 7 1 or pass it on to you 2 MR GLOSS Okay Thank you This has been 3 advertised as a public hearing, and anyone that would like to 4 speak, if you would please come down to the central 5 microphone one at a time, and very clearly stating your name 6 and address for the record, and please address your comments 7 to me, and I will be taking notes, and then I will go ahead 8 and address those questions later to the applicant and/or 9 staff 10 MS LOU Thank you, Mr Gloss My name is Mary 11 Lee Lou I live at 5326 Fossil Ridge Drive, and I must 12 apologize because I was one of those that got out of hand at 13 the last meeting And I do apologize because I do get rather 14 excited, so again, I do apologize I am here on behalf of 15 myself, and I did go down to Troy' s office, Mr Jones, and I 16 did leave him with some pictures and a copy of the plat 17 And I am not sure exactly where we are going to 18 start with where we are I am a very visual person I spent 19 some time with Wes I 'm sorry, Wes, I can never pronounce 20 your name, I have to look at it -- Lamarque, and some time 21 with Troy in the last couple of days And when I first went 22 to the neighborhood meeting, my first concern, I live up in 23 Fossil Ridge behind the creek, and when I went to the first 24 neighborhood meeting, my first concern was environmental 25 And as you can see here -- can I go over there) 8 1 MR LAMARQUE Sure, and you can forward the slide 2 by just pressing the index thing on the mouse 3 MS LOU We have lived over in Fossil Creek Ridge 4 4 years I 'm sorry, there are several people here who have 5 lived in Fossil Creek for many, many years longer than I 6 have, and, but what I want you to see is, we have only lived 7 there for 4 years, and what you see here is the drainage 8 This is the drainage ditch that we go over It ' s a bridge 9 that we go over everyday coming out of our homes 10 Anyway, this is a bridge that we go over and this 11 is the culvert that runs down through Fossil Creek Now, 12 this culvert even though we are in a 100-year floodplain, 13 this culvert is all that we have that is behind the Discount 14 Tire area Now, when we have a rain or any kind of a huge 15 snowstorm, this culvert cannot handle any kind of huge amount 16 of water, which raises the table of water that we have Now, 17 according to Wes and what I talked to -- now, this is the 18 culvert on the west side This is the culvert on the east 19 side Okay? Now, this is also the culvert on the east side 20 Now, what I need are pictures Right above the 21 word Again, anyway, what I have are pictures of -- all 22 right, now again, I am just going to point left, right, and 23 east and west Here are more pictures of the culvert that 24 when we had in 1999 -- when we first moved into the 25 subdivision, you could not drive over on the upper left You 9 1 could not drive over that bridge because it was actually a 2 foot over the railing on the left Again, over on the right 3 side, more pictures of the culvert Now, what is going to 4 happen is that we are in the floodplain This area right 5 there is in the county Discount Tire is in the city We, 6 at this point, have no idea when we are going to have any of 7 this area fixed Okay) 8 Now, I understand that Discount Tire has Dumped 9 over every hoop and every rail that they are going to jump 10 over, according to Wes at the city Now, they have done 11 their job, and I admire them, totally They have done their 12 job, but we don' t know when we are going to have our next big 13 snowstorm We don' t know when we are going to have our next 14 big rainstorm Now, all of this backs up We go over this 15 bridge 2, 3, 4, 10 times a day, 4 times a day Everybody 16 that lives in that subdivision, we have one way out Now, 17 they tell us there is an emergency way out of that area, but 18 we have to cut barbed wire to get out of it My husband is 19 an administrative supervisor at Poudre Valley hospital He 20 works nights There is no way to get ambulances, no way to 21 get fire trucks, emergency vehicles, anything into this area 22 when it floods 23 If I could take pictures when there are trees, 24 whatever, stuck in that area, I could show you There is no 25 way Now, when it floods -- now I have to get my notes 10 1 There are now -- Discount Tire has met this There is a -- 2 what they call -- I 'm going to read this from one of the 3 histories of the floodplain system -- that Fossil Creek basin 4 flooding history 5 "There is a long history of flooding along Fossil 6 Creek, which has a drainage basin area of approximately 30 7 square miles upstream of Fossil Creek Reservoir Local 8 newspaper accounts describe floods in 1902, 1938, 1965, 1977, 9 and 1979 During the 1902 flood, Fossil Creek reservoir 10 reportedly rose 14 feet in 24 hours Fossil Creek also 11 flooded in 1997 and 1999, although, the 1997 flood was 12 considered greater than a 500-year flood, 02 percent chance 13 flood, along Spring Creek It was not as large along Fossil 14 Creek 15 After the 1997 flood, the U S Geological Survey 16 studied high-water marks to document the magnitude of 17 flooding along Fossil Creek The result showed that it was 18 approximately a 50-year, 2 percent annual chance plus, using 19 the old rainfall criteria If the 1997 storm would have been 20 located a little further south, the flooding on Fossil Creek 21 would have been much worse " 22 Fossil Ridge Drive, which is where I live, the 23 proposed project at Fossil Ridge Drive is to replace the 24 existing 4, 30-inch reinforced-concrete pipe, which is the 25 pipe that we drive over everyday on the bridge, with triple 11 1 12 foot wide by 8 foot high reinforced concrete The 2 crossing structure will be cut, open-cut construction Now, 3 the problem is -- now this is a letter from April 10, 2002 4 The city of Fort Collins is in the process of ranking the 5 projects that are included in all of the city' s master plans 6 Larimer County has lobbied to get the Fossil Ridge Drive 7 project as high up on the city' s list as possible In their 8 ranking process, the city looked at factors such as public 9 safety, number of houses removed from the floodplain, and 10 cooperative funding The Fossil Ridge Drive project is high 11 up on the county' s priority list As such, we would like to 12 see the Fossil Ridge Drive project on the top of the city' s 13 list 14 The Larimer County engineering department does not 15 have a limited amount of funds available for drainage 16 projects The department follows a ranking policy to 17 determine which projects it will help fund in the future 18 The ranking system looks at issues such as safety 19 considerations, road damages, closures, frequency of 20 flooding, and neighborhood funding participation Now, 21 again, to you I say, you guys have done everything you could 22 possibly do Now according to Wes, what you have is this 23 project Now, I am going to try to explain this to you, a 24 watez quality pond And what you do is -- wait a minute -- 25 let me get this correct What you have -- 12 1 MR LAMARQUE Pardon me Ms Lou, could you speak 2 more closely into the microphone? It keeps going out 3 MS LOU Now, what we have here, down here in the 4 bottom, you know what I was talking about Troy, can I do 5 that without touching the button? Okay Now, what we have 6 here is right here, this little guy right here Now, I am 7 going to have to use my water bottle What we have here is, 8 now Wes, tell me if I am wrong, is water quality outlet 9 structure Am I rights Okay 10 Now, what happens here is that the water quality 11 pond, which is up here, that is your water quality pond And 12 what happens is that the water quality drains from in here, 13 into this structure Now, it has 40 hours to dry If this 14 goes into this area, which is 4 feet wide, rights And it has a 15 drain, a drain top Now, that is down here It goes from 16 down here This pond is going into this structure from down 17 here, and into this structure, which is just like this 18 Now, because this structure has to be cleaned out, 19 the first year that this has this structure, because there is 20 erosion and there is no grass, it is going to fill up with 21 dirt, et cetera, leaves, and it has to be cleaned out on a 22 regular basis If it is not cleaned out on a regular basis, 23 and it does collect oil, we can see that if there is a big 24 rainstorm, or in the springtime, when there is a lot of snow, 25 and it starts to build up because of these floods, it doesn' t 13 1 have -- it builds up, and then eventually this will come down 2 into Fossil Creek, and it will contaminate the soil I 3 really have worked on this 4 So, now, what happens is, that if the floodplain, 5 now that is not 3ust a floodplain from the city, this is the 6 flood that happens because it gets stuck here I have lived 7 in the area I know what happens Now, here we go again 8 Now, if Discount Tire, I don' t know how many people you 9 service a day 50, 40 a 100'> Maybe, over a week? Maybe 10 200, 300 people a week? A day? 11 (Inaudible ) 12 MS LOU Cool I like that number And you know 13 why? Because what happens is, is that every one of those 14 people that come in everyday, how many of them leak oil into 15 your parking lot? And it goes into the asphalt So, when 16 the snow hits, and the snow hits your asphalt, then you have 17 to scrape off your snow in your parking lot, and every bit of 18 that snow that you scrape off of your parking lot goes into 19 all of this greenery and all of this grass So that now all 20 of the oil that has been in your asphalt and your parking lot 21 has now gone into all of this area All of that oil, all of 22 this pollution has now gone into this area 23 So, that now it doesn' t 3ust leak into this area, 24 it leaks into all of this area, which goes down into Fossil 25 Creek Now, I have talked to risk management So, now, if 14 1 they go over a period of not 4 years, 5 years, 10 years, but 2 maybe 20 years down the road, and all of this pollution goes 3 into this, and they start testing their water 4 Now, what about these 2 people'> Betty, you are 5 here in the audience What about these people who are 6 sitting back here, and all of this pollution goes into their 7 backyard? What are they going to do about it > What are 8 these people, who are sitting down here, and Fossil Ridge, 9 now, they are not even here The homeowners association 10 isn' t even here, but what about all of these nice people in 11 the beautiful park that they are paying for? That the 12 homeowner' s association is paying for > Their beautiful green 13 park? Now, what are they going to do about it? All of this 14 pollution is now going to go into their park Do you have an 15 answer for that? I don' t 16 You cannot guarantee that this is not going to 17 happen You can guarantee that maybe you have done your best 18 homework Wes told me that you have, absolutely, and I have 19 got that, you have done your best job, but you cannot 20 guarantee that any of those people who leak their oil, or any 21 of the flood stuff until the county and the city can manage 22 to make all of this work And we don' t know when that is 23 going to happen, and until you can guarantee to me that this 24 isn' t going to happen, I don' t want you there And if any 25 one of you can stand up, and I am real glad that you said 40, 15 1 50, 125, because that means 40, 50, to a 125, maybe 50 2 percent of those cars are going to leak oil on your asphalt 3 If you can figure out a way to keep your asphalt 4 from leaking and leeching into the ground underneath, if you 5 can figure that out, then build your Discount Tire Store, but 6 I don' t think you can I want you to prove that to me I 7 rest my case Thank you 8 MS SOUTH My name is Cynthia South S-o-u-t-h I 9 live at 5201 Fossil Ridge Drive, so I live just down the 10 street from this project I live just to the north of it 11 So, my backyard is exposed to the vacant lot right across 12 from this property Noise is a concern, and I remember the 13 noise study from the time before, as I understand, that noise 14 study was done in Dallas, not necessarily in a valley 15 If the person is here who actually produced that 16 noise study, I would like for them to address the difference 17 of noise when you are in an environment somewhat like noise 18 in a canyon area Noise doesn' t travel the same everywhere 19 It doesn' t travel the same at the Grand Canyon and Estes Park 20 Canyon as it does if you are just on flat land, and I would 21 like to know where that study was done, and if that person 22 who performed that is here Otherwise, I don' t feel like it 23 could be considered as valid testimony if he can ' t testify to 24 it 25 I am concerned about, unlike my dear neighbor 16 1 here, I am not thrilled at all with anything that Discount 2 Tire has done The audacity of such a noisy industry to come 3 into a private subdivision, subdivision that has always been 4 peaceful and quiet, and to think that we are now going to be 5 hearing tire ratchets is just beyond me They have done 6 their job well 7 Also, the study that was discussed at the last 8 hearing, and I believe it was one of the staff members that 9 did it, that every weekday there will be 214 trips into that 10 property a day There are currently 269 homeowners in that 11 subdivision You are literally going to double the traffic 12 in our subdivision, and at the worst point of the 13 subdivision This is the only entrance and exit to the 14 subdivision in the area There is a bus stop just beyond 15 this It is just not conducive to doubling that up at this 16 point You can ' t even get out of our subdivision with just 17 the homeowners half the time going south out of our 18 subdivision 19 And I want to plead to you, Mr Gloss, at our last 20 hearing on July 2, it was not a pleasant experience, and it 21 did get probably get out of hand because it is so personal to 22 us The process of Mr Discount Tire is not on my agenda for 23 my personal life, and I will do anything I can to make sure 24 it fails if it does go in But you looked at us homeowners, 25 and said, if there is anything that I can do I can restrict 17 1 the hours, because I can do that And as part of that 2 testimony, we gave up at that point because we trusted you, 3 that you would do that And the hours that were stated were 4 8 30 to 5 30, and we trusted that 5 We felt like we had an agreement with that, and we 6 were trusting you as the city planner who has to represent 7 both industry and the public, and hopefully, weighing as much 8 on both of us City Council doesn' t But we were appealing 9 to you as weighing us both as the same, not just developers 10 And we really trusted that, and we were pleased to find out 11 that you held to that We took you as a man of your word, 12 and that was very great for us to find a public official that 13 would like, who would truthfully stay to his word 14 And the other upsetting thing was that testimony 15 given by the defendant perjuring their own self, their own 16 testimony can be a basis of appeal Which is a sad state 17 And the city found out that you can perjure yourself Say a 18 lie, and then come back and make that the ground of your 19 appeal, that you lied So, we just appeal to you from your 20 first hearing, and do what we felt was a good decision and 21 that is the 8 30 to 5 30 restriction Thank you 22 MR GLOSS Thank you 23 MR FIECHTL My name is Gene Fiechtl, and I live 24 at 5430 Fossil Court North, and not to repeat some of the 25 comments from the lady before me, because she did hit on a 18 1 lot of good points Again, obviously, we did discuss the 2 hours, and we talked about the impact that it would have as 3 we leave for work or go to school and come home at night 4 And the other thing that I have noticed with the other 5 Discount Tire Store, and I have noticed what it does on 6 College, in their plan and in some of the paperwork that we 7 have received over the past time, talks about a truck that 8 comes in and disposes of old tires and a truck that comes in 9 and brings in new tires 10 Every truck, unless they have a different truck 11 that is going to service this store, that I have seen is an 12 18-wheel, full, semi-truck and it manages to stop traffic on 13 College, which is 3 lanes at that point, in front of its 14 location on College I don' t know if you have personally 15 driven down Fossil Creek Parkway and the turn into the lot 16 itself, but an 18-wheeler truck is going to cause a lot more 17 havoc there than it would on College And I am not sure 18 exactly how they are going to manage to turn it in and fit it 19 into the little driveway, but I see them doing some damage to 20 the road as well as the curb So that is one issue 21 And another issue that would come up, and it came 22 up at the last hearing and, again, I would like it to be 23 addressed, is the lighting of the store It was our 24 understanding from the last meeting that the lighting of the 25 store was going to be, that the lights would only be on when 19 1 the store was in operation And they stated something about 2 it being like those at their other stores If you were to go 3 by Discount Tire now, their lights are still on Again, we are 4 a residential community Lights of that nature, be it, they 5 are not going to be pervasive, per se, takes away from our 6 little community 7 And one other point that I want to bring up before 8 I close, there has been some concern from other homeowners as 9 this pro3ect has been put forth, that the actual building 10 itself has been moved I think it was moved back 15 feet, 11 but I am not 100 percent sure if it goes back toward the road 12 or to the creek So that is something I would like to be 13 addressed tonight, as well And I brought this up at the 14 last hearing is that this piece of property is commercial, 15 and we are not here to argue that, and this piece of property 16 was annexed by the city So, the city has the right to watch 17 over this piece of property However, the rest of us that 18 live there and live in the county, we have no representation 19 I will say this The City Council when they spoke 20 upon the appeal, the one person that felt that the hours were 21 fine and did not want to see this go to appeal was Eric 22 Hamrick And he would be our representative if we ever were 23 annexed, and I appreciated his efforts But we have no 24 representation, so really, we are at your mercy, and this is 25 something that we have never really wanted and something that 20 1 we don ' t feel is good for our neighborhood Thank you 2 MR GLOSS Thank you 3 MS LOU I 'm sorry Troy, did you check on those 4 trees? 5 MR LAMARQUE The existing grove that you see -- 6 if you look from here to the aerial photo, you can see that 7 this grove -- 8 MS LOU Are those the pictures that I gave you) 9 MR LAMARQUE Yes Let me show you on the aerial 10 photo I think it is easier to see there Those trees that 11 I just pointed out on the site plan 12 MS LOU Those are not going to be cut down? 13 MR LAMARQUE No, those are staying 14 MS LOU Okay Thank you 15 MR GLOSS Okay Are there any other -- 16 MS BRANCHFLOWER My name is Erin Branchflower, 17 and I live at 5306 Fossil Ridge Drive I am the closest 18 townhome on the closest side, and could I have the picture 19 again of the mock-up with the landscaping? And I just have a 20 couple of questions, and I regret that I didn ' t bring the 21 pictures that I took Standing on my back porch, I have a 22 direct view of the driveway in there, right there My house 23 is right where that block in the trees is open 24 So, you can' t see -- that means that the sound is 25 going to come there to my house, and I am not going to have a 21 1 break of any sort And I will be a stay-at-home mom come 2 January My father was a mechanic, and I have grown up 3 listening to torque wrenches, and I have no desire to listen 4 to them from 8 30 to 5 30 or 8 00 to 5 00 And my other 5 question for the representatives is why that site? All the 6 other neighboring businesses are retail or medical, and by 7 retail, quiet retail There is a furniture store of sorts 8 There is not anything that poses that much noise 9 The other question that we had is we ' re feeling 10 like this was kind of an already-done deal because the curb 11 cut was put in when they put the street in before anything 12 was approved My question is, why was that donee I know 13 this has been brought up before, but what happens if somebody 14 comes in at 5 45? Are they going to stay open past 6 00'P Is 15 that going to affect the noise alsoP 16 The other question I have is why would they want 17 to be on a site where they are going to have hostile 18 neighbors) Because many of us do not want them there And 19 as I have stated before, we are not going to be happy about 20 it, and also, what does it bring to our neighborhoodP You 21 are putting a tire store in a nice, quiet residential 22 neighborhood The driveway is not even 50 feet from where 23 there are 2 school bus stops, junior and high school kids 24 Thank you 25 MR GLOSS Thank you 22 1 MS BLOCK Good evening My name is Block I 2 reside at 5328 Fossil Ridge Drive I don ' t want to be 3 repetitive, I Dust want to lend my support to my community 4 and my neighbors I have not been convinced that this 5 particular business is compatible with our neighborhood, with 6 our community, with our school community, with our park And 7 my other issue is environmental 8 A number of years ago, when the intersection of 9 Harmony and College was developed, many of us were assured 10 that Mail Creek, the other creek in our community, would not 11 be endangered It wasn' t too many years later that residents 12 along the creek were losing their backyards into the creek 13 due to the impact of the water on the creek there We were 14 assured at that time it wouldn' t happen We are being 15 assured, again I ' ve been down this road before The 16 assurances didn' t work before I don' t see what guarantee we 17 have that they are going to work this time Thank you 18 MR GLOSS Thank you 19 MS FIECHTL My name is Molly Fiechtl I am the 20 vice president of the homeowners association at Fossil Creek 21 Meadows, and I live at 5430 Fossil Courtyard I just want to 22 point out, I am not sure if it has been pointed out before, 23 in the aerial photograph there, we are talking about building 24 a tire store On the left of College is a city natural area 25 Our homeowners association is also designated a natural area, 23 1 so I am kind of concerned that you are a tire store between 2 2 natural areas 3 My other issue is the hours of operation We have 4 had public hearings over the last 2 years July of 2002, 5 Discount stated their hours of 8 00 to 5 00 That possibly 6 quieted some of our neighbors, and we listened to their 7 testimony, and we believed them, 8 00 to 5 00 Then at the 8 last meeting in 2003, they stated 8 30 to 5 30 Same amount 9 of time open We believed them We listened to that And 10 part of your decision was to stick to those hours They 11 appealed On their appeal, they requested hours that are now 12 completely different, and I don' t even understand what their 13 hours are They say 8 00 to 5 00 They say 8 30 to 5 30 14 On their appeal, they stated some other hours, and 15 then at the hearing in front of City Council, they stated a 16 fourth set of hours And what is the point of public 17 hearings if when they come forward, they say something false'P 18 You know, that is 3ust not right So I think that is all 19 that I have to say Thank you 20 MR GLOSS Thank you Okay I have got a series 21 of questions for the applicant and the staff, but I would 22 like to start out with a follow-up to the last comment 23 Actually, a question that I had, was kind of official word 24 from the applicant of what hours of operation are being 25 proposed? I was looking at the staff report, and it 24 1 indicated that the hours would be proposed at 8 00 a m to 2 6 00 p m Monday through Friday, and 8 30 to 5 00 p m on 3 Saturday I would like the applicant to please make a formal 4 statement on those hours of operation 5 A series of other questions were raised about 6 different programmatic issues One of those was how a truck 7 would enter and exit the site, and given its proximity to 8 College Avenue, if that was going to be an issue considering 9 the size of the vehicle Questions about the noise study 10 that was generated, specifically, given the topography, if 11 there is any technician available to respond to that question 12 about whether the topography would have any impact on the way 13 that this sound is generated 14 And there was a question about lighting and 15 specifically, when the lighting would occur on the building, 16 and whether that would be during the store hours or that 17 would extend those store hours 18 There was a question about the hours of operation 19 relative to when someone comes in at a late time, and say the 20 hour was given at 5 45 What would happen to a patron if he 21 came in at that time? 22 And I would like to have a response to 23 specifically, how the quantity of flows are being handled off 24 the site And then lastly, there was some concerns about 25 water quality as it entered into the creek 25 1 And then lastly, about the curb cut that was 2 provided when the street project was completed on Fossil 3 Creek Parkway, why the curb cut was placed at this location9 4 So those are the questions that I would like to have the 5 applicant and the staff respond to 6 MR LAMARQUE Let me start with the one that I 7 know the answer to about the curb cut The street 8 oversizing department, with our street oversizing program 9 within our engineering department recently did the road 10 improvement project within the last year at Fossil Creek 11 Parkway And as they were designing the road adjacent to 12 that, they wanted to know if that property would ever be 13 developed, and the answer that I had to give them was it is 14 zoned for commercial It is likely to be developed 15 So they basically put a curb cut in where it made 16 the most sense from a safety standpoint from the street One 17 of the things they wanted to know was were there any 18 development applications in there, and, if so, where would it 19 make sense to put the driveway? And, of course, with that, 20 if it were to be approved, that was part of what weighed into 21 their decision So, I think that mostly they wanted it a 22 distance away from College So, it ended up on the eastern 23 part of the site, but that is to just to physically make sure 24 that if there would ever be an approval on this project, if 25 that makes any sense 26 1 MR GLOSS Thank you Would the applicant like to 2 respond to the hours of operation and the several other 3 questions that were raised? 4 MR SOMMERALL My name is Rich Sommerall I 'm 5 with Discount Tire with the corporate office Would you like 6 to ask me the questions 7 MR GLOSS Starting from the top, basically, if 8 you would state for the record what the proposed hours of 9 operation would be 10 MR SOMMERALL We would like to be open from 8 00 11 to 6 00 during the week and 8 00 to 5 00 on Saturday I 12 think closing on Saturday early is a good thing We always 13 have thought that Discount Tire likes to get its people 14 home We do realize that it is a weekend, and that is why 15 our stores have never been open on Sunday We don ' t ever 16 plan to be open on Sunday 17 MR GLOSS Okay Thank you A question was 18 raised if somebody comes in at 5 45, how do you handle that 19 with an operation? 20 MR SOMMERALL If you came in to me at 5 45, and 21 just so everybody knows, all of these people that you see 22 here that worked -- have run Discount Tire Stores So we are 23 not just people that are up in the corporate offices We 24 have actually worked in the stores I have had many 25 instances in my stores, somebody comes in with a flat tire 27 1 It is the end of the day They are trying to get home They 2 have got a flat tire We are going to take that car in and 3 try to help that person, get them back on the road, and get 4 them home 5 I mean, that is what we do You know, the break 6 commercials always say, 5 00 till -- well, our boys don' t 7 want to be there any more than those people want to be there 8 They want to go home We bring extra people in at the end of 9 the day to try to accelerate things and get caught up I am 10 not going to lie to you, you are going to get caught once in 11 a while There is going to be a snowstorm There is going 12 to be something that, people desperately need tires They 13 are going to be lined up out the door, and we are going to 14 try to finish them up 15 But there is a point that I want to make, we do 16 lock the front door We just don' t stay open and say, boy, I 17 hope that no one else comes in, and we can get out of here 18 If you were to come around to my bay door, and I was in my 19 store and it was shut, I would politely walk out and ask what 20 you needed, try to answer any questions I could, pretty much 21 tell you that the store is closed right now If it was an 22 emergency, we would definitely try to help you, and 23 hopefully, that you could back tomorrow and make some type of 24 an appointment to where you can drop your car off, in the 25 morning We will get it done, and get you back on the road 28 1 MR GLOSS Okay There were questions about 2 trucks entering and exiting the site, presumably, trucks 3 bringing in tires and taking them out for disposal 4 MR SOMMERALL Right I would kind of like to 5 talk about that First of all, we do design the parking lot 6 so that we can take the trucks That is very important The 7 trucks that usually take the dead tires, which are the old 8 tires that we take off, are small So they are very easy to 9 get in and get out But we do bring in semis We have also 10 started a new program We are using different size trucks, 11 like pups and stuff like that Because big trucks are a 12 problem for us too They come into our parking lots, and 13 they take up a lot of space 14 A few things I want to tell you about the trucks 15 They are not going to be sitting there idling at 4 00, 5 00 16 in the morning We don ' t allow it They are not allowed to 17 sleep in our parking lot I can easily get a semi in the 18 parking lot, take him around back to the last bay, unload 19 that truck It is an urgent thing for us to get that truck 20 unloaded and get him out of our parking lot 21 So, we know the trucks are coming We try to 22 man-up for those trucks and get them unloaded and get the 23 truck out of there But I just want to stress, the trucks 24 are not going to be sitting around Discount Tire idling 25 They are not going to be taken any time less than the hours 29 1 when we are open And I can honestly say, I don' t ever 2 remember getting a truck in 14 years in a store, you know, 3 taking -- we don' t take them on Saturdays 4 MR GLOSS Thank you That was helpful Now, 5 there was a question about the noise study, and I don ' t know 6 if anybody here can address that What about topography 7 MR SOMMERALL We ' ll finish up with that We ' ll 8 hit on the topography and maybe go forward Stan Dunn is 9 here We agreed with that nice lady that came up I 'm 10 sorry, I don' t remember the name, but she doesn' t want a 11 noise study done in Dallas I wouldn' t either, so, of 12 course, we had one done here, and on that property So we 13 have a professional that we hired, that we paid the money 14 Because I have got to know myself, am I right > Just because 15 someone had a noise study, and they said this is what it 16 should be, that doesn' t mean that is what it is here So, we 17 went and did this study, and I think that when I am done, 18 Stan could come up and give you some information about that 19 MR GLOSS Great, and we will go to that There 20 was a question about lighting Where the lighting would 21 occur -- 22 MR SOMMERALL As of now, the parking lot has 23 lights in it, and we have a showroom which is lit up There 24 are 2 things that happen with a showroom lit up We do it 25 for display purposes, but we also do it for safety If 30 1 something is not lit, it is very easy to break into, and you 2 can' t really see what is going on In a lot of areas, people 3 are glad that we have the parking lot lights lit for safety, 4 but I agree with these people, if I lived down the street or 5 next door 6 See, no one has ever tried to talk to me or tried 7 to contact us, so it kind of hard to try to talk with people 8 and try to work with them I would have flown up here and 9 sat down with the whole neighborhood if someone would have 10 asked But that is gone, so we have our shot tonight If 11 they don' t want the parking lot lights on, we ' ll turn the 12 parking lot lights off 13 I had a store next to a residential area, so 14 close, that I parked my truck in their driveway because we 15 were very, very friendly with the neighbor there And she 16 had 2 little boys, and my lights were on, and they were on 17 all night And she said, you know, Rich, it is shining in my 18 little boys room We put timers on the lights and we shut 19 them down 20 So let ' s 3ust say, realistically, for safety 21 purposes, for people walking in and out of the parking lot, 22 we should light that parking lot for that cause, and maybe 23 8 00 o ' clock is a good time to turn those lights off If it 24 is summertime, it won' t matter They won' t have to come on 25 In the winter time, we want Mr or Mrs Smith to be able to 31 1 get to their car and not trip over something, and we will 2 leave it on So maybe we say 8 00 Everybody should be 3 gone There should be no one in the parking lot People 4 should be eating their dinner They want to sit down and 5 relax, they don ' t have lights shining in their yard I have 6 no problem with that 7 MR GLOSS So, I guess, I take it, based on your 8 testimony that you would be agreeable to a condition that 9 would limit the hours of lighting, and what I am hearing is 10 8 00 p m c 11 MR SOMMERALL Whatever is good -- I am open to 12 suggestions on that But just to make sure that no one is 13 out there in the middle of the winter, and we want to be 14 safe The other thing is, I do want to keep the showroom 15 lights on, because first of all, that is our display, and 16 number 2, it is a safety thing We can see if someone is 17 around that store or ever comes around that store, we would 18 like to be able to see that, and we would like the police to 19 be able to see that also 20 MR GLOSS Thank you I think those were the 21 questions that I had 22 MR SOMMERALL I have got a couple to raise This 23 lady was talking about being around garages and wrenches all 24 her life, and I think that the study is going to show that we 25 are a lot better off than people think But one of the 32 1 things that we do that a lot of places don' t do, I am not 2 going to lie, a torque wrench, where you sit there with an 3 air wrench, it does make noise, but we are in a building, and 4 we muffle those guns So, a lot of people don' t muffle them 5 It costs a lot of money to buy all that stuff You have got 6 500 stores, and it is a lot more expensive, but we do it 7 The other thing we do, our compressors, a lot of 8 compressors are out back in some penned-in area or cage 9 Ours are totally inside It ' s a quiet operation We don' t 10 leave tires out We are very clean We won' t have displays 11 out We won ' t have tires stacked outside It is strictly 12 what you see The building, enclosed Everything inside, 13 stuff muffled 14 We also, people need to think about things, you 15 have got intercom systems that go to the back That could be 16 the most -- that is worse than a gun We also turn those way 17 down We will turn them in a direction that the boys should 18 be able to hear them in the store, but it shouldn ' t travel 19 out the doors very far We are in neighborhoods I used to 20 be right next to one We will work with people We need a 21 break too, though I mean, we are a business, and we need to 22 be able to operate 23 The trees will stay I just wanted to mention 24 that I looked at the trees, and I think we have got the 25 curb cut answered, the parking lot lights, the hours, the 33 1 trucks, and I think that is everything that people asked 2 MR GLOSS I guess the last one, and I don' t think 3 that you should be absolutely required to answer this because 4 it really falls outside the criteria for reviewing this 5 application, but the question was asked is, why did you 6 choose this site > 7 MR SOMMERALL Well, I can tell you one thing, I 8 have been up here many times choosing sites Every time we 9 picked a site up here, there was something, a reason why, and 10 I will give you an example of the last site We are all 11 ready to go You have got neighbors, the same thing So, we 12 brought them in where we had an hour and a half discussion 13 It went well They weren' t totally happy, they weren ' t 14 totally opposed, but I think we got their questions answered 15 But then we found out they were putting a road in the back, 16 but they were going up take the frontage road and widen the 17 main road 18 So, all of a sudden, and I don' t want to be mean 19 to the seller, but he never told us any of this I found out 20 meeting with the city, all of a sudden, we didn' t even fit on 21 that property When they took the back, the frontage away, 22 we no longer fit, so we had to move We have tried many 23 places The problem is we have to have X amount of feet like 24 anybody to get trucks in and trucks out, and a lot of these 25 places up here are very tight The places have to be zoned 34 1 right There are just little things that come up 2 So, finally, we come through here, and we sat down 3 with our legal department when we found this property, and we 4 sat down with the sellers and all of that, and we have been S on this 2-year journey I got a call one day, they said 6 Rich, you know, we have got a red-tailed hawk, we have got a 7 certain type of mouse and a flower And I spent $30, 000 to 8 take care of that problem, so that we didn' t scare the hawk, 9 the mouse didn ' t die, and the flower would grow 10 So, I am just saying, I spent 2 years, an extreme 11 amount of time and money on this project I would rather sit 12 down with people and find out what I can do to help than to 13 hear all the things of why they don' t want us, because once 14 we are there for a while, pretty much, people like us 15 MR GLOSS Thank you for your comments, and if 16 your sound expert would come forward, that would be great 17 MR DUNN My name is Stan Dunn I am a senior 18 consultant with Alpine Engineering, here in Fort Collins, 19 and I have approximately 30 years of experience in the 20 acoustics area with experience with the U S Environmental 21 Protection Agency, Federal Highway Administration, that 22 that sort of thing And yes, at the client ' s request, 23 we did do an environmental noise study for the area 24 Alpine did perform that and we concur with the conclusions of 25 the city' s findings that, in fact, the store can be operated 35 1 in a manner that is consistent with the requirements of Fort 2 Collins' noise ordinance, and we concur with the information 3 that was provided in that 4 We have our own bank of information that is 5 independent We visited like stores We visited other 6 stores that, in fact, make more noise than these stores do, 7 and used that to overlay and predict what the future sound 8 levels would be So we agree We think the city' s 9 conclusions, and their findings are correct And with regard 10 to the young lady' s comments about potential canyon effect, 11 the terrain is not so dramatic to have a canyon effect In 12 fact, it is in a direction to the north and east, rather 13 flat, and to the south, actually, it up-slopes, and there is 14 an opportunity for good ground absorption 15 We might want to add one other thing Not only 16 will the noise levels from this particular store be 17 consistent with the city' s requirements, but, in fact, the 18 noise levels would be at or below the existing ambiance 19 There is a busy road It ' s College, and so the sound levels 20 are going to be below those ambients So, what that means is 21 they will be below it sufficiently, so that seldom would you 22 ever hear any noises at the residences And that is our 23 conclusion Any questions 24 MR GLOSS Thank you Well done That is very 25 clear Now, if the sewer and water and stormwater staff can 36 1 come forward and discuss how this project was evaluated 2 relative to the stormwater and water quantity and quality 3 requirements 4 MR MARCO My name is Russell Marco and I 5 am with the City of Fort Collins Utility Stormwater 6 Quality Group, and just kind of, it does meet the City of 7 Fort Collins code, as well as our utility stormwater 8 specifications and requirements This site is a 100-year 9 floodplain that does flow through it The building is out of 10 it, which is required You can see the line of it right 11 here 12 So, during a 100-year event, the actual building 13 would be out of the flooded area And as far as water 14 quality and quantity detention, they are providing a 15 detention pond for quantity and water quality, so they are 16 detaining the 100-year flow and releasing it at a 2-year 17 historic rating, which means they are releasing flows 18 concurrent with a 2 year, on average, occurring storm at 19 existing conditions 20 So, in other words, this site will actually 21 improve drainage downstream form the detention pond from what 22 currently exists, as far as the quantity, the amount of water 23 flowing down Fossil Creek As far as the water quality, they 24 are meeting our standards They are providing a 40-hour 25 water quality extended detention basin, which basically 37 1 means, they are detaining specified amount of flow in the 2 pond and then draining it slowly over 40 hours giving it 3 enough time for the sediments and pollutants to settle out of 4 the water and not enter Fossil Creek 5 Now, although it meets our standards, it will not 6 eliminate all pollutants There will be some pollutants that 7 do enter Fossil Creek, like what was previously mentioned, 8 but it does meet our standards for new PPM As far as the 9 existing conditions downstream, you know, like what was said 10 earlier that there is a culvert downstream that does flood in 11 about the 10-year event It does flood quite a bit It 12 overtops Fossil Creek Ridge Drive That is an existing 13 problem 14 This site will not make that problem any worse 15 It might even possibly help it The big problem with that is 16 the flows that come from upstream This site will drain out 17 before those flows come, so you won' t see any higher water 18 surface elevation from this location So, just in conclusion, 19 as far as we see the project, it does meet all of our 20 requirements If there are questions, I can answer those 21 now 22 MR GLOSS Thank you We ' ll have a rebuttal 23 period now where members of the public, if they wish to 24 respond to any of the comments made by the applicant or the 25 staff, they can do so I would please ask that you not be 38 1 repetitive If it is a specific question, then direct that 2 to me, and then I can ask the applicant or staff 3 MS LOU At one of the meetings, one of the things 4 that were mentioned about the city lights was that we were 5 told that Discount Tire had been required by the city to 6 leave their lights on all night for reasons of protection 7 That they could not turn their lights off, that they had to 8 be on because they had to -- it was a city requirement And 9 if, I believe, if you go back and look at the minutes, but I 10 believe that they were told that they could not turn them off 11 because it was a safety factor and they had to leave them on 12 in the parking lot And the 8 00 o' clock hour on College, 13 there was another study that we had several people in the 14 Fossil, the homeowners association, that did go down and sit on 15 the College -- on College, and that the Discount Tire on College 16 was open for several, many nights until 8 00 o ' clock at 17 night, and that is also in the minutes, one of the meetings 18 So, I do question whether these people are telling 19 us the truth or not telling us the truth So, that is also 20 in the minutes And there are two homes directly across the 21 creek from where the Discount Tire is being built and whether 22 or not he wants to be friends with these people, I don' t 23 believe that they want to be his friends, none of us do, and 24 whether or not his noise level is going to be up or not 25 These lights are going to be directly in their bedroom 39 1 windows and the trees are not -- I believe one of those women 2 was here earlier tonight, and she hasn' t spoken, and these 3 trees are across the creek and it definitely will be 4 polluted, and if the creek does rise, they are going to be 5 polluted also 6 So, again, and the environmental study, I 'm sorry, 7 if that creek floods, it does flood every 2 years It floods 8 every spring And whether or not, we are not in the 100-year 9 floodplain, it can' t help it, it snows there, and they are 10 going to plow that parking lot, and they are going to plow 11 that oil or whatever, away from their field, and it is going 12 to go into Fossil Creek 13 And I may be redundant, but that is going to 14 happen And once that place is built, risk management and 15 the city is going to be responsible for it And you can ' t 16 backtrack, and you can' t backtrack the lights, and you can' t 17 backtrack the hours And risk management is going to be 18 responsible, and then what are you going to do? Pay the 19 millions of dollars > Discount Tire isn' t going to pay it, 20 and you can' t tear the building down 21 MR GLOSS Thank you Any other comments? 22 SPEAKER I would just like some clarification 23 on the lighting I see 3 separate sets of lights There' s 24 the parking lot overhead lights There ' s the in-store 25 showroom lights, and then there is the red Discount Tire 40 1 lights around the building So, I guess I would like 2 clarification as to which of those lights will be 3 turned off 4 MR FIECHTL We talked about -- if we can go back 5 to the overhead picture Let me move over here I ' ll use 6 the pointer mouse to show what I am talking about So we 7 talked about, so of course, obviously, this is the property, 8 and I believe there is a cut-through right here where the 9 driveway is The gentlemen stated that trucks coming to the 10 site get into their parking lot and that they get them out 11 quick and that they use pup trucks, and again, I have yet to 12 see a smaller truck at the other Discount Tire store 13 We are not concerned about what happens to the 14 truck when it is in the lot, we are concerned about what 15 happens to the truck when it comes here on the road And 16 anybody who has been down this road, after I am done with 17 this, I will have Troy go to the picture to show how wide the 18 road is That is a very narrow road I do not see how an 19 18-wheeler is going to be able to come down this road It is 20 going to have to turn itself this way and block both lanes of 21 traffic and then back in I don' t see it being a turn, just 22 one turn up, and then back in It is going to have to be 23 multiple turns 24 Again, this is not a road that is going to take -- 25 that ' s the road that the semi-truck is going to go down 41 1 That is the driveway This is the road that a semi-truck is 2 going to have to come down, and as you can plainly see, this 3 is not a very wide road You can see right here, is where 4 the turn-in is Right here is where the driveway is, and 5 there is no way, I don' t care if you are a truck rodeo 6 champion of the year, are you going to be able to get that 7 truck in without disturbing traffic, and that is a major 8 concern for me But as you can see, the width of the road, 9 and again, you can see right through here, this is to the 10 other side of the road I don ' t see how a semi-truck is 11 going to get through there And hopefully everybody gets my 12 point on that 13 And again, we talked about the question that 14 didn ' t get answered was the building itself Apparently, 15 it ' s original location was moved 15 feet, and I believe it 16 was moved 15 feet this way I need clarification on that, if 17 it was actually moved or not, and that was my only question 18 MS BLOCK I just want to get clarification on 19 that storm drainage report Was the bottom line that this 20 business is not going to increase any volume of water in the 21 creeks Thank you 22 MS BRANCHFLOWER My concern was putting more 23 trees up to the south, so that we would be further buffered 24 from the noise, and some of the houses are direct There are 25 no tree buffers between the business and the houses 42 1 MR GLOSS Okay I think this is now the 2 opportunity for the staff and applicants to respond to some 3 of these questions 4 MR LAMARQUE There are a few of those questions 5 that I can answer, and then I will turn it over to the 6 applicants One of the issues was Will this be required to 7 be lit during the middle of the night) No, it won ' t And it 8 is basically 3 2 4, the Land Use code, talking about lighting 9 levels, and there is a chart in that that sets up the minimum 10 lighting for parking areas is 1 foot candle But the 11 disclaimer here is that, it says The following chart gives 12 minimum lighting levels for outdoor facilities used at night 13 So, at the point of the evening when the facility is no 14 longer being used, it is not required to be lit in that 15 parking lot That answers one of the questions 16 One of the other questions I have an answer to is 17 the 15-feet question, the building moved south 15 feet 18 There was a modification that was requested and granted by 19 the planning and zoning board to locate the building where it 20 currently is The application shows the building there from 21 the very early stages of the design 22 So, applying the code, looked at the code and told 23 the applicant that you are required to actually pull this 24 building closer to the street, and of course, this is the 25 Land Use code But they requested a modification from the 43 1 planning and zoning board for the reason that that corner 2 kind of is down in a little hole from the street, and the 3 bottom corner on that curb on Fossil Creek Parkway -- that 4 curb -- going, being straight east/west facade, and the 5 street itself having that curve to it, all of those in 6 combination, together, was part of the rationale that they 7 used That it would make sense, in this case, to push the 8 building a little bit further back away from Fossil Creek 9 Boulevard But, as far as the parking lot configuration, it 10 stayed in that same place that they had always intended it to 11 be as a result of that modification 12 MR GLOSS Would you also address the question 13 about trees being added to the south portion of the site? 14 MR LAMARQUE Well, it is my understanding and 15 perhaps their landscape architect, if I get this wrong, can 16 clarify Let me grab this microphone This is the existing 17 grove of trees that is out there next to the creek, and that 18 they are intending to keep in place And these lighter 19 green, larger trees around the edge, and then these darker 20 rows of pine trees are all they are proposing in the 21 application, as well as, some ornamental trees in the parking 22 lot and then on the north side of the building 23 MR GLOSS Can you respond to one of the questions 24 was about trucks entering and exiting the site? 25 MR SOMMERALL I grew up on a farm I am a truck 44 1 expert and tractor Contrary to what the gentlemen said, the 2 way the trucks will come in, trucks will come into this 3 parking lot all the way around back up to this last bay, 4 unload, and then exit And 18-wheelers will be in there We 5 hope we get to the point where we use nothing but pups It ' s 6 easier for us But when an 18-wheeler puts his tandems all 7 the way up, and I think anybody that is familiar with trucks, 8 and remember, we have unloaded these things for 15 to 18 9 years in our stores in very small locations So, when they 10 roll those tandems all the way up, he can pretty much turn on 11 a dime He gets that truck in there 12 And this is all these guys do The trucks that 13 come in aren' t 3ust some guy that delivers potatoes on 14 Monday, and all of a sudden, he has got a load of tires on 15 Wednesday These people do nothing but haul tires We are a 16 big account We are the largest independent in the United 17 States and those trucks strictly haul tires for us I can' t 18 say that there will be a driver someday that might not be as 19 good as some of the other drivers, and might be new, but that 20 is what they do 21 MR GLOSS Good Thank you And there was some 22 questions about lighting, and there were 3 sets of lights, 23 and then the staff responded to the parking area lights, and 24 you had made a commitment to turn those off But other 25 lighting, you said the store lighting would stay on for 45 1 security purposes, and then there are another third set of 2 lights? 3 MR SOMMERALL Troy, can you get to the other 4 pictures of the store > I think I can help people just a 5 little bit So that ' s fine This is good enough We 6 definitely have the Discount Tire letters up here in red 7 They shouldn' t bother anybody at night This is LED lighting 8 ballasts, not the old neon It is not as bright It is very 9 low voltage We are trying to save money on lighting and 10 energy like everybody is This shouldn' t be a problem What 11 I would like to keep on, in here you will have glass, it is a 12 tinted type glass, we like to have our showroom lighting on 13 This is the lighting I think that is going to 14 bother the homeowners You are going to have the lights in 15 the parking lot, which I think we can turn off That is 16 great I have no problem putting these lights on a timer 17 These are over the base What the cities usually want is 18 they want them on and want them shielded They make a shield 19 now so that light shoots down like a sconce, not a bright 20 light that shines up They are like a halogen, so in the 21 older days, that light would be bright and almost light up 22 the parking lot Now, it is more like a sconce, more of a 23 security thing 24 I have no problem turning those off I don' t know 25 that I am allowed to turn those off, so I just wanted to back 46 1 up with what people said We will do it, if we are allowed 2 to do it, to help you But if the city says I can ' t, I 3 can' t But we will, if we can 4 MR GLOSS Okay 5 MR SOMMERALL Let ' s see There is one other 6 thing Well, the lights we had that, and the truck, we had 7 that People talked about trees I really don' t want to go 8 down this road, but I am going to try to be nice tonight and 9 very honest When we set these trees up, and we are working 10 down the side of someone ' s property, which we will be doing 11 to basically put a barrier up, I am willing to try to work to 12 put the trees in the right place for this house 13 Like I said, no one ever came and sat down and 14 said, could we have 2 more trees? Can we make sure we put a 15 couple here? I will work with people I am not going to 16 make a promise here tonight that everybody is going to come 17 up to me and get a tree, get them where they want, and this 18 and that But with the landscape architect, within reason, I 19 will try to put trees to help people block us 20 MR GLOSS Okay Thank you I know there was a 21 stormwater related question also about the level of flows 22 and whether they would increase over the historic rate 23 MS HERBERT Hello My name is Louise 24 Herbert I work for the architects that did the parking 25 design I would just like to make one thing clear with the 47 1 planting, is that we have to, again, we have to follow the 2 city code requirements for that 3 So What is shown on the plan here, Troy, we have 4 to provide street trees along the road, and they have to be 5 at certain centers along there according to the code 6 requirements, and the same thing is, we have to provide 7 railings around the parking lot That is another city 8 requirement that we have to do 9 So, the landscape was very carefully thought 10 about Also, we worked with natural resources We were told 11 we had to provide a certain number of trees in this area as 12 well So, you know, that landscape plan has been formally 13 approved, that kind of processing when we did that So, 14 there is probably some flexibility, I believe, in moving a 15 few things, but some of these things are firmly set When we 16 get onto the streetscape and around to the building, and 17 some of the screening of the parking lot, I just to want make 18 sure that is clear 19 MR GLOSS Thank you Okay You had the question 20 about the flows were going to increase in this project? 21 MR MARCO The flow rate will not increase If 22 anything, it will go down in Fossil Creek What will 23 increase is the volume of water, but that is really what the 24 function of the detention pond is It detains that water and 25 then releases it at a smaller flow rate over a longer period 48 1 of time, but the flow rate, meaning that the water and the 2 surface elevation of the creek, will not be any higher 3 MR SOMMERALL I think there was one more question 4 we need to answer that I had written down This gentlemen 5 asked that -- they sat at a few different times at the 6 existing store, and said they were open later than they 7 should be, or it took quite a while to get things done I 8 can say this honestly, that ' s the problem That store is 9 overwhelmed That is why we are building this store It 10 should relieve that store quite a bit 11 We tried so hard to go into that store and remodel 12 and maybe make it bigger and widen this and that But it ' s a 13 leased property We were not allowed to move in the back 14 There is nowhere to go So, we tried and failed many times 15 to make that a better place If you look at these pictures, 16 we are not building that same old store that is down the 17 road We are spending close to $2, 000, 000 on a beautiful 18 site We are going to help relieve that store 19 So, what we are trying to do, is they will get 20 done quicker This store will get done at a reasonable hour 21 We will try to get people out of there That is our 22 ob3ective 23 MR GLOSS Thank you I think that we have 24 covered a lot of issues, but this will be your last 25 opportunity for public comment 49 1 MS LOU May I ask one last question's And then I 2 promise I will be done Now, again, how do you feel about 3 building a building in a neighborhood where nobody wants you') 4 We do not want you We don' t want you We want you to go 5 away We really don' t We want you to go away and we are 6 trying everything, and we will continue to try everything to 7 get you to go away We are working our best Why don ' t you 8 just go away' Answer me, please 9 MR GLOSS Excuse me, ma' am That is not a 10 question 11 MS LOU They have not answered that question We 12 want them to go away, and that is a fair question I 'm 13 sorry I just want them to answer that question, please 14 MR GLOSS I think it is up to the applicant 15 whether they want to respond to a question like that We are 16 not dealing with a particular issue Are there any other 17 comments? 18 MS BRANCHFLOWER Okay Beating a dead horse here 19 with the trees, but my question is why are you shielding 20 streets here, but you are not shielding any neighbors here) 21 My house sits, I believe, right here I get a direct shot 22 here, and I get direct shot of the nice driveway of people 23 driving in everyday I would like to see the trees also 24 planted along here 25 MR GLOSS Okay I think we are ready to close 50 1 the public hearing as far as new comments and testimony Is 2 there anybody else that would like to make a comment? Okay 3 I am going to close the public comment section We have a 4 couple of questions that have been raised, if the applicant 5 wishes to respond 6 MR SOMMERALL I think this answer to the trees 7 are, I don' t have a problem putting a few frees down this 8 side Again, it is going to be up to the city, and we will 9 go there We will ask if we can put some trees on your side 10 �o help block the view We ' ll do that That is not asking a 11 lot for a few trees I am not going to put 50 trees We 12 will put some trees down that side and that will help 13 Again, if I am allowed to 14 I don' t think I am going to answer the other one 15 You know what they say Until you meet your neighbors, you 16 shouldn' t ask them to go away Now, we are pretty good 17 people I think that people find out that the boys are very 18 kind and very nice, and we spend a lot of money at times, and 19 we definitely want to build a store there But we will do 20 everything in our power to be friendly and neighborly And 21 that is all that I am going to answer to that 22 MR GLOSS Thank you Would the staff like to 23 respond to the question about the trees? I don' t know if we 24 have the ability to answer that The ability with the number 25 of regulations and so forth 51 1 MR LAMARQUE From a Land Use code template, I 2 will answer it, and then I will ask Wes to tell me if there 3 is a stormwater application in my answer that may trump this 4 answer In these locations down here, from a Land Use code 5 standpoint, they could put more trees there, and it would 6 fully comply with the code The only thing I don' t know is, 7 if you start to put trees into a floodplain or a floodway, 8 what are the implications on that? And perhaps Wes can 9 elaborate a little bit on that 10 MR MARCO Although I think it is okay, as far as 11 the floodplain/floodway standpoint, and there is an existing 12 storm sewer and a storm sewer easement in there, it is part 13 of the south Fort Collins sanitation district storm sewer 14 So, I think that is actually why there are no trees in there, 15 and I am not sure of the regulations, but I believe, any 16 trees have to be, or at least probably, within at least 10 17 foot separation from the line 18 MR GLOSS Just to clarify for the audience, it 19 sounds like there are some water and sewer district 20 requirements that may preclude more, significantly more, 21 trees to be planted there because there are some separation 22 requirements from sewer lines that are there, existing So, 23 that is something that would have to be taken into account 24 with a landscape modification plan And I have no questions 25 having gone through our past hearing, and, I again, want to 52 1 thank everybody for taking the time to attend and provide 2 testimony 3 As before, I will have 10 working days in which to 4 render a decision, and then that decision will be subject to 5 an appeal to the City Council, and I think that most of you 6 are familiar with those proceedings as well as to how that 7 would be conducted It is a 14-day appeal period after a 8 decision is rendered Everyone that testified this evening 9 will be getting a copy of this decision, which are findings 10 of fact, just as you did on the previous decision And 11 again, thank you for your time, and we ' ll adjourn our 12 hearing 13 14 15 16 17 18 19 20 21 22 23 24 25 53 1 STATE OF COLORADO ) 2 ) TRANSCRIBER' S CERTIFICATE 3 COUNTY OF LARIMER ) 4 I, Lela A Brister, a court reporter and notary 5 public, State of Colorado, hereby certify that the foregoing 6 proceedings, taken in the matter of the Discount Tire 7 Rehearing, and recorded on Wednesday, October 1, 2003, at 300 8 West Laporte Street, Fort Collins, Colorado, was duly 9 transcribed by me and reduced under my supervision to the 10 foregoing 52 pages, that said transcript is an accurate and 11 complete record of the proceedings so taken 12 I further certify that I am not related to, employed 13 by, nor of counsel to any of the parties or attorneys herein 14 nor otherwise interested in the outcome of the case 15 Attested to by me this 25th day of November, 2003 16 17 18 Lela A Brister 19 Meadors Court Reporting, LLC 171 North College Avenue 20 Fort Collins, Colorado 80524 (970) 482-1506 21 My commission expires October 6, 2007 22 23 24 25