HomeMy WebLinkAboutDISCOUNT TIRE AT FOSSIL CREEK - PDP/FDP - 26-02 - CORRESPONDENCE - APPEAL TO CITY COUNCIL..,� i�-cc.r�.� u�•i Vr Unirmicvyr MirocT I' 7/6 dd4 lbbd F'.09/09
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Discount Tire PDP
Administrative Hearing
Findings, Conclusions, and Decision
.1uly 2, 2003
Page 7 of 7
DECISION
The Discount Tire Project Development Plan #26-02, is hereby approved by the
Hearing Officer subject to the following conditions:
1. The City shall vacate portions of South College Avenue (SH 287) and Fossil Creek
Parkway, as described on the Vacation Request Exhibit dated June 20, 2003.
2. 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.
Dated this 14th day of July 2003, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
I
Cameron Glo s .
Current Planning Director
TOTAL P_09
Discount Tire PDP
Administrative Hearing
Findings, Conclusions, and Decision
July 2, 2003
Page 6 of 7
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 drainage, wildlife
habitat, and water quality protection were being met by the PDP. It was an
expressed fear of the opponents that the Project 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 Applicant's Engineer and the City staff at
the hearing, runoff water will be detained on the property and will release at a
two-year historic rate. 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. 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. Project 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 Project Development Plan is subject to administrative review
and the requirements of the Land Use Code (LUC).
B. The Discount Tire Project 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.
Discount Tire PDP
Administrative Hearing
Findings, Conclusions, and Decision
July 2, 2003
Page 5 of 7
the City staff, supports a finding of compliance with the Transportation Level of
Service Requirements
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. 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),
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
Discount Tire PDP
Administrative Hearing
Findings, Conclusions, and Decision
July 2, 2003
Page 4 of 7
Applicant and Owner in the property's design and operational issues. The
Applicant and Owner acknowledged that they had taken steps to adjust the
design of the proposed development plan to help mitigate impacts on the
neighboring residential uses. Unfortunately, the adjustments did not, to those
persons in attendance, address the potential issues and concerns.
A common issue repeatedly raised by many 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
Applicant's submittal, a noise study was submitted that identified the noise
impacts associated with the prototype building proposed for this Development.
No site specific noise study was completed. The noise diagram developed for
the prototype building, when transposed on the site plan developed for the
subject property, shows that the noise levels above 59 (dB(A)), described by the
applicant as the level of a "speaking voice", will fall within the subject property.
The building has been sited with tire bays opening to the south, oriented away
from the closest residences. While neighborhood residents have pointed out that
the study prepared by the applicant did not take into account site topography and
the building's close proximity to Fossil Creek, the weight of the evidence
suggests that noise generated by the Development arewell within the maximum
levels prescribed under the City Code. 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. With the property
boundary of the closest residence more than 200 feet away from the 59 dB(A)
level identified on the applicant's noise study, 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. The opponents specifically expressed concern about the amount
of additional traffic generated by the Development and the potential for users to
unsuccessfully attempt to cut through adjacent dead-end streets and force to use
them as a "turn -around". Based on the Applicant's Transportation Impact Study
(TIS) the evidence presented on the issue of traffic impacts affecting Fossil
Creek Parkway and "turn around" traffic within the neighborhood, 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
applicant's Transportation Impact Study are based on actual traffic counts from
the same prototype store. 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
Discount Tire PDP
Administrative Hearing
Findings, Conclusions, and Decision
July 2, 2003
Page 3 of 7
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
Subdivision. These impacts included increased noise, traffic, access, decrease in
residential property values, and negative impacts to water quality and wildlife
habitat.
Evidence further established that two neighborhood meetings and other
opportunities were made available for the opponents of the project to engage the
Discount Tire PDP
Administrative Hearing
Findings, Conclusions, and Decision
July 2, 2003
Page 2 of 7
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.
glimmysim
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the
hearing at approximately 5:30 p.m. on July 2, 2003 in the Conference Rooms C and D,
281 N. College 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 applicant's 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
From the Applicant:
Paul Heffron, Property Owner
David Parker, Project Architect
Jack Blake, Consulting Engineer
From the Public:
Bonnie McCormick, 5213 Fossil Ridge Drive
Cindy South, 5201 Fossil Ridge Drive
Chris and Katie Corman, 5212 Fossil Ridge Drive
Gene and Molly Fiechtl, 5430 Fossil Court North
Sandra Holt, 5518 Fossil Ridge Drive East
Written Comments:
None
CommunlLy Planning and Environmental S,_rvices
Current Planning
Citv of Fort Collins
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE: July 2, 2003
PROJECT NAME:
CASE NUMBER:
APPLICANT:
OWNER:
HEARING OFFICER:
PROJECT DESCRIPTION:
Discount Tire Project Development Plan
#26-02
Louise Herbert
V.F. Ripley & Associates
401 West Mountain Avenue, Suite 201
Fort Collins, CO 80521-2604
Discount Tire Company
14361 N. Scottsdale Rd.
Scottsdale, AZ
Cameron Gloss
Current Planning Director
The Applicant has submitted 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. The project
would be accessed from Fossil Creek Parkway, in alignment with Snead Drive.
SUMMARY OF HEARING OFFICER DECISION: Conditional Approval
ZONING DISTRICT: C — Commercial District.
STAFF RECOMMENDATION: Conditional Approval
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020
f=
ihr'Y
City of Fort Collins
July 14, 2003
Community Planning and Environmental Services
Current Planning
Participant in the Discount Tire PDP Public Hearing:
.«R
i
JUL 2 3 2003
Enclosed is a copy of the Type I Administrative Hearing Findings, Conclusions, and
Decision for the Discount Tire Project Development Plan 426-02.
This final decision may be appealed to the City Council in accordance with Section 2-48
of the Code of the City of Fort Collins.
The appellant must submit written notice of appeal, reasons for the appeal and a filing fee
of $100 to the City Clerk's Office within 14 days of the date of final action by the
Hearing Officer. Information regarding the grounds for appeal is available on the City
Clerk's page of the City's website at http://fcgov.com/ciiyclerk/appeals/php If appealed, the
City Clerk will place the item on the Council agenda for hearing as expeditiously as
possible.
Written notice of an appeal from a final decision of the Hearing. Officer to the City
Council is given by the City Clerk to the appellant, the applicant and all other parties -in -
interest 14 days prior to the date set for the hearing.
An appeal of the Hearing Officer's final decision is based on the minutes of the
proceedings at the Administrative Hearing and any other materials received by the
Hearing Officer. New evidencemay not be considered on an appeal. The City Council
may uphold, overturn, or modify the decision of the Hearing Officer.
If ou have specific questions about the appeal
incerel ,
T y nes
Cy lanner
process, please contact me at 221-6750.
ESTI 9 killNi�
TIRE 00. INC.
2) Grounds for Appeal
Ms. Wanda Krajicek
July 23, 2003
Page 2 of 2
The specific allegation of error in the Decision is the designation of the hours of
operation set forth in item 2 of the decision. It is specifically requested that the
hours of operation set forth in the decision of "8:30 a.m. to 5:30 p.m. Monday
through Saturday" be changed to "8:30 a.m. to 6:00 p.m. Monday through Friday
and 8:30 a.m. to 5:00 p.m. on Saturday". The grounds for appeal are either that
the statement of operating hours in the Decision is based on a scrivener's error or,
quite possibly, at one point in the testimony, a witness erroneously stated the
hours of operation of the store to be constructed on the property. These are the
hours for all of the stores in the organization throughout Colorado and throughout
the rest of the United States, which fact either was not stated or not stated
properly. It will, of course, accomplish the new goal as intended in the Decision
to not allow the store to remain open late into the night.
Finally, in closing, please find a check in the amount of $100 payable to the City
of Fort Collins to serve as the filing fee.
This Notice of Appeal is respectfully submitted for consideration by the City
Council.
Very truly yours,
DISCOUNT TIRE CO.
�d es Si hasek
Executive Vice President and
General Counsel
JS/sh
cc: Mr. Rich Sommer
Mr. Dave Parker
M: UegaIMPILTRICOjossil creek & college jt. colliers appealdoc
v�sca�vNi
TIRE CO. INC
20225 NORTH SCOTTSDALE ROAD • SCOTTSDALE, ARIZONA 85255 • (480) 606-6000
July 23, 2003
VIA OVERNIGHT MAIL
(970) 221-6515
Ms. Wanda Krajicek
City Clerk
City of Fort Collins, Colorado
2.81 North College Avenue
Fort Collins, CO 80522-0580
Writer's Direct Line:
.(480) 606-5828
(480) 606-4361 FAX
e-mail: isilhasek(a-ldiscounttireco.com
Re: Notice of Appeal of Decision of Decision Maker Under the
Provisions of Section 2.2.12 of the Land Use Code of July 14,
2003, Cameron Gloss as Decision Maker
Dear Ms. Krajicek:
This Notice Of Appeal is made of the Decision rendered by Cameron Gloss on
July 14, 2003, a copy of which is attached hereto. A specific portion of the Decision
being appealed is the requirement 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 appellants
are requesting that the hours of operation stated in the Decision be stated as "8:30 a.m. to
6:00 p.m. Monday through Friday and 8:30 a.m. to 5:00 p.m. on Saturday". No other
portion of the Decision is asked to. be considered for review.
1) The name, address and telephone numbers for appellant are as follows:
Discount Tire Company
20225 N. Scottsdale Road, Scottsdale, Arizona 85255
(formerly 14631 N. Scottsdale Road, Arizona 85254)
Owner
Telephone Numbers:
James Silhasek (480) 606-5955
Dave Parker (480) 606-5736
Rich Sommer (480) 606-5931
With respect to the person designated to receive any notice of defects in the
appeal notice, it is specifically requested that Rich Sommer at (480) 606-5931 be
contacted.
of lissome RN110
TMC0.M_
Ms. Wanda Krajicek
August 8, 2003
Page 2 of 2
Specifically, that provision provides the grounds for appear are available for the
failure to conduct a fair hearing in that "the decision maker considered evidence
relevant to the finding which was substantially false".... During the hearing, a
witness set forth the hours of operation of the business to be conducted on the
property to be from 8:30 p.m. to 5:30 p.m. Monday through Saturday, which was
substantially false inasmuch as the actual hours of operation (8:30 a.m. to 6:00
p.m. Monday through Friday and 8:30 a.m. to 5:00 p.m. on Saturday) are an
integral part of the state-wide, as well as the nation-wide, advertisement of the
chain of stores of which the subject property will be a part. The hours are set
forth in a substantial number of the advertisements and to note one store with
different hours would create not only a substantial cost but, in many instances,
substantial consumer misunderstanding.
With respect to this matter, it is emphasized that this is only a request to submit this one
point for re -hearing by the decision maker inasmuch as all other matters before the decision
maker have been resolved.
This Amended Notice of Appeal is respectfully submitted for consideration by the city
counsel.
Very truly yours,
DISCOUNT TIRE CO.
1���6Z
ames Silhasek
Executive Vice President and
General Counsel
JS/sh
cc: Mr. Rich Sommer
Mr. Dave Parker
/enclosures
M:11egaI1WPILTRICOfossil creek & college fr. collins appealldoc
DisrNvIt®
TIRE COL.JUNIC.1
20225 NORTH SCOTTSDALE ROAD • SCOTTSDALE, ARIZONA 85255 • (480) 606-6000
August 8, 2003
VIA OVERNIGHT MAIL
(970)221-6515
Ms. Wanda Krajicek
City Clerk
City of Fort Collins, Colorado
281 North College Avenue
Fort Collins, CO 80522-0580
Writer's Direct Line:
(480) 606-5828
(480) 606-4361 FAX
e-mail: isilhasekpdiscounttireco.com
Re: Amended Notice of Appeal of Decision of Decision Maker Under the
Provisions of Section 2.2.12 of the Land Use Code of July 14, 2003,
Cameron Gloss as Decision Maker
Dear Ms. Krajicek:
This Amended Notice of Appeal is made to the Notice of Appeal dated July 23, 2003,
and received in your office on July 24, 2003. A copy of the Notice of Appeal, with attachment,
is attached hereto and all of the terms are incorporated herewith except as changed by this
Amended Notice of Appeal.
Paragraph 2) of the Notice of Appeal is amended as follows:
Grounds for Appeal
The specific allegation of error in the Decision is the designation of the hours of
operation set forth in item 2 of the Decision. It is specifically requested that the
hours of operation set forth in the Decision of "8:30 a.m. to 5:30 p.m. Monday
through Saturday" be changed to "8:30 a.m. to 6:00 p.m. Monday through Friday
and 8:30 a.m. to 5:00 p.m. on Saturday". The Appeal is being made pursuant to
the provisions of paragraph (b)(2)c. of section 2-48 of the City Code.
�lQnni��y
City Clerk
City of Fort Collins
NOTICE
The City Council of the City of Fort Collins, Colorado, on Tuesday, September 2, 2003 at 6:00 p.m.
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 July 14, 2003 regarding Discount Tire Project Development Plan #26-02,
filed by James Silhasek, Executive Vide President and General Counsel, Discount Tire Co.
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 August 27, 2003. Agenda materials
provided to the City Council, including City staff's response to the Notice of Appeal, and any
additional issues identified by City Councilmembers, will be available to the public on Thursday,
August 28 after 10:00 a.m. in the City Clerk's Office.
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.
L
,.
Wanda M. Krajicek
City Clerk
Date Notice Mailed:
August 22, 2003
cc: City Attorney
Chair, Planning and Zoning Board
Current Planning Department
Appellant/Applicant
300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6515 • FAX (970) 221-6295