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Tidal Wave Carwash PDP
Administrative Hearing
Findings, Conclusions, and Decision
January 28, 2002
Page 4 of 4
vacuums, when measured approximately 30 feet from the unit, approximately
matches that of the existing "background noise", therefore there wouldn't be a
significant impact to surrounding properties. Additionally, car wash use drops off
dramatically by 7:00 pm and even more dramatically after 10:00 pm.
SUMMARY OF CONCLUSIONS
A. The Tidal Wave Carwash Project Development Plan is subject to administrative
review and the requirements of the Land Use Code (LUC).
B. The Tidal Wave Carwash Project Development Plan satisfies the development
standards of the C zoning district.
C. The Tidal Wave Carwash Project Development Plan complies with all applicable
General Development Standards contained in Article 3 of the Land Use Code.
D. Future development of the property will be required to meet Land Use Code
Division 2.7 BUILDING PERMITS.
DECISION
The Tidal Wave Carwash Project Development Plan #38-01, is hereby approved by the
Hearing Officer without condition.
Dated this 7th day of February 2002, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
01
meron Glos
Current Planning Director
Tidal Wave Carwash PDF
Administrative Hearing
Findings, Conclusions, and Decision
January 28, 2002
Page 3 of 4
N:
C;
existing retail shopping center (anchors are Savers and
Hobby Lobby), existing Best Buy retail building, JFK
Parkway,
NE:
E;
existing U.S. Post Office,
E:
E;
JFK Parkway, naturalized irrigation canal (with fox den),
SE:
HC;
intersection of JFK Parkway and Troutman Parkway, existing
Senior Apartments,
S:
HC;
Troutman Parkway, Auto sales and rental establishment,
SW:
HC;
Troutman Parkway, the Pavilion Shopping Center,
W:
C;
retail stores in the Savers/Hobby Lobby shopping center.
1. Compliance with Article 4 and the C Zoning District Standards:
The Project Development Plan complies with all applicable requirements of
Article 4 and the C Zoning District. The Staff Report summarizes the PDP's
compliance with these specific standards and no specific evidence was
presented to contradict the statements and conclusion of the staff report
concerning compliance with Article 4 or the CN District Standards.
2. Compliance with Article 3 of the Land Use Code — General Development
Standards
The Project Development Plan complies with all applicable requirements of
Article 3 including all transportation system improvement requirements. No
evidence was presented to contradict the statements and conclusion of the staff
report concerning compliance or to other refute the compliance with Article 3.
Testimony was offered at the hearing by a neighboring property owner
concerning the anticipated and feared impacts of the car wash on the existing
transportation system and to surrounding properties. These impacts included
sufficiency of the existing JFK Parkway and E. Troutman Parkway intersection
improvements, excessive noise from car wash vacuums, and project site lighting
impacts to the adjacent area.
The City's Transportation staff has determined that the JFK Parkway and E.
Troutman Parkway intersection does not have sufficient volumes to warrant a
traffic signal at the present time. Some type of traffic control, likely a signal or a
roundabout, will be installed at such time that traffic counts rise to sufficient
levels.
Noise studies were conducted during the review process evaluating noise levels
of vacuum equipment. Such studies concluded that the noise level of the
Tidal Wave Carwash PM -
Administrative Hearing
Findings, Conclusions, and Decision
January 28, 2002
Page 2 of 4
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the
hearing at approximately 4:00 p.m. on January 29, 2002 in Conference Room D at 281
North 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;
(3) a sign up sheet of persons attending the hearing and citizens speaking in favor of or
against the application; and (4) a tape recording of 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
Susan Joy, Development Review Engineer
From the Applicant:
Rhey Wright, Applicant/Owner
From the Public:
Darlene Bassetti, 451 Boardwalk
Written Comments:
None
FACTS AND FINDINGS
The property was annexed into the City of Fort Collins in December of 1979 as part of
the South College Properties Annexation.
The surrounding zoning and land uses are as follows:
Corn. ,.nity Planning and Environmen,_ _ Services
Current Planning
Citv of Fort Collins
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE: January 28, 2002
PROJECT NAME:
CASE NUMBER:
APPLICANT/OWNER:
HEARING OFFICER:
Tidal Wave Carwash, Project
Development Plan
#38-01
Rhey Wright
5238 Fox Hills Drive
Fort Collins, CO 80526
Cameron Gloss
Current Planning Director
PROJECT DESCRIPTION: The applicant proposes to develop a 4-bay self serve & 2-
bay automatic car wash building at the northwest corner of JFK Parkway and East
Troutman Parkway.
SUMMARY OF HEARING OFFICER DECISION: Approval
ZONING DISTRICT: Commercial — (C)
STAFF RECOMMENDATION: 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.
281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020