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HomeMy WebLinkAboutDISCOUNT TIRE AT FOSSIL CREEK - PDP/FDP - 26-02 - DECISION - FINDINGS, CONCLUSIONS & DECISION (6)S'� I Sl-QaA — IIIo\w-c I dJrt55 4L Discount Tire PDP Administrative Hearing Findings, Conclusions, and Decision October 1, 2003 Page 7 of 7 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. 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 8:00 p.m. 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. Cameron Gloss Current Planning Director 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 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 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 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). 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 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 Applicant's submittal, noise studies were submitted that identified both noise impacts associated with the prototype building 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 applicant's 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 3 of 7 Lynne Block, 5328 Fossil Ridge Drive East Erin Branchflower, 5306 Fossil Ridge Drive Written Comments: ►f0C.Ti :1 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 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. 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 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 Wes Lamarque, Stormwater Engineer From the Applicant: Rich Sommer, Discount Tire David Parker, Project 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 Comn ity Planning and Environment: ervices Current Planning Citv 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: CASE NUMBER: APPLICANT: �i5 �J1►1:1.� 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 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 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020