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HomeMy WebLinkAboutDISCOUNT TIRE AT FOSSIL CREEK - PDP/FDP - 26-02 - CORRESPONDENCE - CITIZEN COMMUNICATION (3)Full Size original Document is on file at: 9Py r € S a City Clerks Office City Hall west, 300 LaPorte Avenue Fort Collins, CO 80521 ` \ I rr• IPa-)wwwnwm ^wrl.✓n Mbnrr /war • IW->�• •a1n •rmn u 0.n mI.. m.M. r" ..n• rna"v m" ^. ry - Y 1, T,.. .. .�6 s FO i�c _ J e.la'xdBs B OFF,(- � •. AAAA •n,- R .. m A"W" J l X _Az DISCOUNT TIRE `\� \\\• \\\�\ F/NISN FLOOR A, 1846.0 STANDARD EROSION CONTROL CONSTRUCTION PLAN NOTES I, Illy Clp' aI PMf CPMMr SwmrNW Ulm, Mmkn mmN;A M•aKIM mwl N .1W. rl Nav, 11 xv✓n PLAN• IN nY aM NININ ,an IXI, IIN. 1. All /q✓IM PMmIII, pill NnaMp Ina' llq OI Ave PFIDP IP .1 CAA ObfWpinp COMO, f11ve1PINnp, INIaaNp, 'ANMA" le). .W ANm« n..'Ad .1avnNm mM,anl MAN# " Imb"e al'AW PPNANWbN Hm• M rA. anlrvallvn I•PUMa. As Indk.l.d In'A. apP/e. 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That standard is aver- ' aged during an eight -hour period." Please understand that I am not taking Sally Bridges to task How- ever, I am wondering if she could have: taken her investigation fur- ther~d td investigated the commerx cr-d vehicles on our city streets an interstate highways. I am, howeve*, using quotes from her article to make apoint that has been a "thorn in my craw" for years. ' "Fort Collins has never recorded a `red' air quality day, and this sum- mer should not be different," said Sarah Fox, environmental educator with the city. X "Each year, Fort Collins resi- dents are spending more time in their cars driving around the city. This increased driving, more traffic and long commutes mean Fort Collins could endure a 'red' day in the not -too -distant future," Fox said. Lucinda Smith, an environmen- tal planner with the city, agreed, and air quality experts are starting to pay more attention to the city's ozone levels. Stricter emission standard on cars, 9cleaner operating new cars and oxy- genated gasoline have contributed to decreasing car- bon monoxide lev- els in the past 10 y� My, reason for quoting Sally Merilee Bridges' article is tube something that has Soapbox turned me "red" air quality for dozens of years. The word is cars. Why is it that we who own and drive cars, SUVs, pickups, and motorcycles must pay the price for heavy duty trucks? I mean dump trucks, city trucks, construction trucks, gaso- line and diesel trucks and the 18- wheelers that use Interstate 25 and Riverside as a passageway to the interstate? The city is asking for many millions of dollars of our tax- es for street improvement from us, but they continue to allow every commercial truck that shifts gears to spill out "hydrocarbons to nitro- gen oxides" hundreds of times a day. Imo, We've all seen it!. The city wants us to pay, but not those who emit those "hydrocarbons and nitrogen oxides" who drive through our city and make "red" air qualitya possi- bility. Where is the traffic control and the weigh station from Laramie to charge..these vehicles for the pol- lution they subject our city to? When I visit Denver, I see it even worse. But still, in Fort Collins, I do not see in anything Sally Bridges' article about commercial vehicles. ' Are they exempt? Do they not have to be inspected? If I am behind a commercial truck of any kind, can I t call Sally, Lucinda or the EPA and . report a license number and/or the c Company in violation to report the 3 violation of "red" air quality. Citizens of Fort Collins and all of. f Colorado, are you willing to cough , up more money for pollution con- r trol and let the word cars be the on- ,E ly word in the emissions control vocabulary, or have the large com- mercial vehicles and the "hydro- carbons and nitrogen oxides" they emit be subject to a complete in- ] vestigation, or by some "quirk" are they exempt from such taxes? 1 As a footnote, my 1991 VW 1 Westphalia is subjected to an emis- sions inspection every year. If it doesn't comply, I am responsible ' for taking care of it and then bemE charged for asecond test. had a 1964 Land Rover,l cou d chase a tag from the that meant that onceztivas ed 'it didn't have to be h again_ Is there something wr�tlg with this picture? Merilee Lutelives in Fort Colliru:" �_L,tes To The editor OF OIL OR OTHER PETROLEUM 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 OH., 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 HAVEONEUN 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. MERI,EE J. LUBE 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 8AM AND 4PM. I CAN'T IMAGINE IT GETTING EVEN WORSE WITH DISCOUNT TIRE EVEN WITH THEIR PROJECTED STUDY! BUT THEN AGAIN, THEY DON'T LIVE HERE, YOU DON'T LIVE HERE, I DO! 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 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 MANY! 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 1S 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 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 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 WELL 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 PROPERTY? 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 DO! 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 MIL 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 YEARS? I HAVE SEEN FOSSIL CREEK FLOOD AT LEAST TWICE IN 5 YEARS. JOHN & MERILEE J LUBE ............................................................................................................................................................................................................ NOVEMBER 7, 2003 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 (I) HEARING OFFICER: CAMERON GLOSS: CURRENT PLANNING DIRECTOR CAMERON GLOSS APPROVAL PER AUTHORITY GRANTED BY SECTIONS 1.4.9 (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 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 2.8.2. 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 Qu e� llvs�� tvtc�%G_�