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HomeMy WebLinkAboutDISCOUNT TIRE AT FOSSIL CREEK - PDP/FDP - 26-02 - DECISION - FINDINGS, CONCLUSIONS & DECISION- T> _ I JLII� l Ken r(11, out 5 'Z� I N • rGl (k �ev-{- �o/�%h Sa o iz- LLE DE JY Q—.. Z$ ( 1V , Co tte-G - v�Q y - .✓ e ;,hsoc Ip r 022� Sc6lk—l-� 4vti s4Z 8S2S5 LAM c/ ZU l eva c6 00 �z�SS 1,C /` ��✓ C /J/C /-� Ce7l�ivS Cv �dS 2�� t rra c n 5ai3 toss,' 1 2,c(e Dr, Fy, C016hrn,s--7-AGU s�na� e 5 os _ S- L vL EFP2a�v 7 So /�'t S % l�av ��,E2 Co �3a2- Discount Tire PDP Administrative Hearing Findings, Conclusions, and Decision July 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. Cameron Globs Current Planning Director 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 are well 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. PUBLIC HEARING 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 Comn. pity Planning and Environment. )ervices Current Planning Citv of Fort Collins CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE 1 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