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HomeMy WebLinkAboutDISCOUNT TIRE AT FOSSIL CREEK - PDP/FDP - 26-02 - REPORTS - APPEAL TO CITY COUNCIL (3)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 II 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 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 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 3.4.1(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 18 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. Grounds for Appeal: The appellant alleges that the Hearing Officer failed 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 5 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 Creek's 100 year floodplain. The building 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 floodplain 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 City of Fort Collins Comn _pity Planning and Environment. Services Current Planning MEMORANDUM TO: Mayor and Members of City Council FROM: Troy Jones, City Planner 1 THRU: Greg Byrne, Director C.P.E.S.' I 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: Merilee 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 or jurisdiction 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." 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 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 This unofficWa Opy w1; doHminaded fr iin C itvD us of liftpp Hcitdiincs fcgovicom :For additional mfnrmation or an official co v, Tense inntact:City Krk's:offiee at 97E1-'�l b313- Ir ITEM NUMBER 29 AGENDA ITEM SUMMARY DATE December 16, 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 The Applicant shall include on the Final Plan the hours of operation of 8 00 a m to 6 00 p in Monday through Friday and 8 00 to 5 00 p m 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 Thisunofriciat copy wa. downloaded fmm Citypocs at hitpp:fPcityilncs.fcgoc:e(m :For additional infl)Tmal'o"'u, an official co I, Ise.C'%WCt G'ity ak's.dfice at 970 221.6315 '!