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HomeMy WebLinkAboutEVERGREEN PARK, BLOCK 3, LOTS 13 & 14 - PDP/FDP - 24-96B - CORRESPONDENCE - (5)MAY-17-00 WED 04:31 PM FAX NO. P. 02102 Water Board Minutes January 27, 2000 Page 3 Excerpt from Water Board Minutes January 27, 2000 1 LOODPLAIN VARIANCE APPLICATIW— SCHRAM PROPOANE, LLC Conflict of Interest Prior to the discussion of the variance, Board Member Dave Rau asked to be excused from the discussion because of a conflict of interest. Schrader Oil Co. is one of his firm's major clients. Assistant City Attorney John Duval advised Mr. Rau that he should probably leave the room for the duration of the hearing. Mr. Rau complied. fapianation of Procedures for Variance Hearing Before the staff presentation, Assistant City Attorney John Duval provided an explanation of the ground rules for a variance hearing. He began by saying that since this is a quasi-judicial hearing, the tape recorder will create the record of the hearing. He handed out copies of two of the most pertinent City Code provisions; 10-38 and 10-39. 10-39 talks about the variance procedure and that the Water Board is authorized to grant these variances to floodplain regulations, and sub paragraph ,e, in 10-38 gives the Board various kinds of issues to consider in making the decision. Most importantly, in section 10-39, there is a discussion of the requirements for issuing a variance, and things that must be proven before a variance can be issued. In particular, in sub- paragraph "e" —Variances shall only be issued upon: l . The showing of good and sufficient cause; 2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and 3. A determination that the granting of the variance would not result in increased flood heights, additional threats to public safety, extraordinary public expense, nuisances, cause fraud on or victimization of the public as identified in this Chapter or conflict with existing local laws or ordinances. Mr. Duval stressed that, in the process of the hearing, if Board members have questions about any of those three items, he was there to provide answers. Bill Fischer referred to paragraph %!' in 10-39, one of the conditions for variances. He asked Mr. Duval, in the course of the hearing, to convey to Board if the City Attorney's office considers those objective standards to be met. Mr. Duval said that paragraph may not actually apply. He added that from his reading of the application, probably the most important ones in section 10-39 are sub paragraphs "d" and "e". "e" was mentioned earlier and "d" states that "Variances shall only be issued upon the determination that the variance is the minimum necessary, considering the flood hazard, to afford relief." He also referred again to 10-38 paragraph "c" where there is a list of 9 other kinds of elements and factors that the Board can consider in granting the variance. "They will be the three most important sub paragraphs for you to look at to make your decision." MAY-17-00 WED 04:31 PM FAX NO. P. 01102 fee is waived in the increase in new impervious surface area is less than 350 square feet. 5. If the site requires detention, then the stonnwater detention release requirement is 0.47 cubic feet per second per acre. In addition, water quality needs to be addressed and extended detention is the preferred method. 6. The Street Oversizing Pee will apply to this project. Please contact Matt Baker, 221-6605, for an estimate of this fee. Both the driveway and alley approaches must be constructed of concrete back to the property line. S. If there is no public purpose associated with the alley, then it may be eligibie for vacation. Please contact Tim lilandford, 221-6605, for information on this process. City Council has final authority of vacating public right-of-way. if the alley is vacated, an easement would need to be retained for the existing sanitary sewer line. If the: alley is to remain public, and will be used to serve this site, then the Engineering Department may require that it be paved. There are two standards in paving an alley. One is grade to the middle to form a "V" pan and the other is slope to one side. The alley may need to be paved back to the nearest public street. 10. The nornial requirement is to construct a sidewalk along Red Cedar Circle_ While prelintinary discussions with the City's Traffic Operations Engineer have indicated that this requirement may be waived, please be aware that the City 's Transportation Planning Department would also have to consider the request, l l . If public improvements are necessary, then Utility Plans and Development Agreement are required at the time of submittal. For fiurther information, please contact Tim Blandford, 221-6605. 12. There is an eight -inch diameter water line in Red Cedar Circle that can serve the site. 13. As mentioned, there is sanitary sewer in the alley that can serve the site. Plant investment fees and raw water acquisition charge are due at the time of building permit issuance. For further information on water and sewer services and an estimate of the fees, please contact Roger Buffington, 221-6681. 14. Please contact Rost Gonzales, Poudre Fire Authority, 221-6570, to be sure that tiie plan conforms to the access and water supply requirements of the Fire Code. 1 MAY-17-00 WED 04:37 PM FAX NO. P. 04/04 Water Board Minutes January 27, 2000 Page 12 Mr, Fischer suggested adding a few more posts to the chain link fence to increase its strength. David Lauer maintains that a fence won't do any good. "Anything that's going downstream in a flood scenario that can dislodge that tank, a fence isn't going to make a difference. The only reason a fence will be there is to keep people out." Mr. Cropper disagreed. He believes the fence would provide some shedding of debris around it. "When you build this, will there be a concrete pad around it to accommodate trucks?" Dr. Sanders asked. "There will be some road base or asphalt or something to make a driveway around it," Mr. Schrader replied. j Amended Motion and Vote j Bill Fischer, author of the motion, amended the motion, with the permission of the second Paul Clopper, to read: The Water Board approves the granting of a variance as ,requeste - condition that a chain link fence be constructed around the tank structure. The motion passed 8-1 •�-witti David Udei'dp#69M' fort isons'stated during the discussion. ion'.. MAY-17-00 WED 04:36 PM FAX NO. P. 03/04 Water Board Minutes January 27, 2000 Page 3 Excerpt from Water Board Minutes January 27, 2000 FLOODPLAI N VARIANCE APPLICATION - SCHRADER PROPOANE. LLC Conflict of Interest Prior to the discussion of the variance, Board Member Dave Rau asked to be excused from the discussion because of a conflict of interest. Schrader Oil Co. is one of his firm's major clients. Assistant City Attorney John Duval advised 1W. Rau that he should probably leave the room for the duration of the hearing. Mr. Rau complied. Explanation of Procedures for Variance Hearing Before the stall presentation, Assistant City Attorney John Duval provided an explanation of the ground rules for a variance hearing. He began by saying that since this is a quasi-judicial hearing, the tape recorder will create the record of the hearing. He handed out copies of two of the most pertinent City Code provisions; 10-38 and 10-39. 10-38 talks about the variance procedure and that the Water Board is authorized to grant these variances to floodplain regulations, and sub fee is waived in Cite increase in new impervious surface area is less than 350 square feet. 5. if the site requires detention, then the stormwatcr detention release requirement is 0.47 cubic feet per second per acre. In addition, water quality needs to be addressed and extended detention is the preferred method. G. The Street Oversiing Fee will apply to this project. Please contact Matt Baker, 221-6605, for in estimate of this fee. 7. lloth the driveway and alley approaches must be constructed of concrete back to the property line. 8. If there is no public purpose associated with the alley, then it may be eligibie for vacation. Please contact Tim Blandford, 221-6605, for information on this process. City Council has final authority of vacating public right-of-way. if ilnc alley is vacated, an casement would need to be retained for the existing sanitary sewer line. 9. If the alley is to remain public, and will be used to serve this site, then the Iingincering Department may require that it be paved. There are two standards in paving an alley. One is grade to the middle to form a "V" pan and the other is slope to one side. 'Ifhe alley may need to be paved back to the nearest public MAY-17-00 WED 04:36 PM FAX NO. P. 02/04 15. Screening of the site must conform to Article Three, Section 1'wo of the Land Use Code. 16. It is recommended that a pre; -submittal meeting take place with the applicant and the consulting team prior to submitting the project. MAY-17-00 WED 04:36 PM FAX N0, P. 01/04 CONCT �uy v+ a-wL a..vwui Post -IV Fax Note 7671 oazo pmjee� To �� Prom c co.r17cPt. co. Phone # Phone 4 tax# — LuZID Tax MEETING DATE: December 14, 1998 i ITEM: Schrader Propane "Tank (1, P Gas) — L'vcrgrcen Park Lots 13 & 14, 1300 Rcd Cedar Circle APPLICANT: Mr. Perry Schrader, Schrader Oil Company, 320 North College Avomue, Fort Collins, CO. 80524 c/o Mr. Brad March, Mara: and Li ley, 110 West Oak Street, Fort Collins, CO. 80524. LAND USE DATA: Request to install an 18,000 gallon, above -ground propane (L-P Gas) bulk storage tank on Lots 13 and 14 of Evergreen Park, 1300 Red Cedar Circle for bulk sales. The site is east of (behind) the A & W restaurant on North College Avenue. Lot is presently undeveloped. COMMENTS: The site is zoned 1, Industrial, which allows the proposed land use as an Administrative Review. 2. If the access road is greater than 1,800 square feet, then it must be paved. 31 The site is located in the Dry Creek floodplain. The bulk storage of propane (LP gas) is considered to be a "critical facility," which is not allowed in the floodplain. i f you wish to apply for a variance to allow this use in the floodplain, such a request must be made,to the City of hort Collins Water Board. Please be aware that there is a future City capital improvement project, which will divert (lie Dry Creek floodplain around North College Avenue beginning north of Willox bane. This project is not scheduled for about five years. The completion of this project will be followed with a Letter ofMap Revision (LOMR) to the Federal Emergency Management Agency (FEMA). Upon approval of the LOMR by FNMA, the property will be officially removed from the floodplain. For further information, please contact Marsha Nilmes, 224-6036. 4. Development of the property will require the submittal of Drainage Report, Grading and Drainage Plan and Erosion Control Plan. 'rhe site is completely located within the tivergreen/Greenbriar drainage basin. The storm drainage fee in this basin is $10,000 per acre, subject to the runoff coefficient reduction. This W COMMUN111'rtANNINCANDr:NVIRC)NMPNTALSCRVIC'ES 2RIN.Co11rgeAvo.l'C,).1)n%SRllrntf('nlliha,C'(ityi��?11581r(u,70)2`167.:1+ CURRENT PLANNING hEPARI MENT