HomeMy WebLinkAboutWATERFIELD PUD, FIRST FILING - FINAL - 7-95C - SUBMITTAL DOCUMENTS - ROUND 1 - ENVIRONMENTAL REPORTARTHUR E. MARCH, JR.
RAMSEY D. MYATT
ROBERT W. BRANDIES, JR.
RICHARD S. GAST
LUCIA A. LILEY
J. BRADFORD MARCH
LINDA S. MILLER
JEFFREY J. JOHNSON
MATTHEW J. DOUGLAS
MARCH & MYATT, P.C.
ATTORNEYS AND COUNSELORS AT LAW
110 EAST OAK STREET
FORT COLLINS, COLORADO 80524-2880
(970) 4824322
TELECOPIER (970) 4823038
June 27, 1997
Michael Ludwig, City Planner
Current Planning Department
City of Fort Collins
281 N. College Ave.
Fort Collins, CO 80521
Re: Waterfield P.U.D.
Dear Mike:
JUN 3 u wa
ARTHUR E. MARCH
180E-1981
MAILING ADDRESS:
P.O. BOX 409
FORT COLLINS, CO SM22-0489
We have continued to search for data and/or studies which
might provide the Planning and Zoning Board members with more
understanding of how the noise from the Burlington .Northern
railroad tracks would affect the Waterfield P.U.D. However, the
L.D.G.S., City Code and State statutes only regulate noise which is
generated on -site and we are having difficulty finding data
regarding off -site railroad noise. We understand that the City has
not conducted any studies regarding the impact of railroad noise
upon residential development, nor does the City own equipment with
which to evaluate noise levels.
We have located an environmental impact assessment, which
included a noise analysis, prepared by Albertson Clark Associates
for the Housing Authority's project at San Cristo P.U.D. Although
some of the data for that analysis is similar to information about
the Waterfield .P.U.D., we were advised by Albertson Clark
Associates that the results are not necessarily transferable to
Waterfield P.U.D.. for a number of reasons. First, the San Cristo
analysis was conducted under strict H.U.D. guidelines and formulas
designed to estimate the highest possible noise levels, or the
worst -case scenario, factoring in estimates of a variety of noise
sources, not just railroad noise. Also, H.U.D. analyses are nQt
based on any actual decibel readings, and we could not locate any
data which compared their combined calculations to actual readings
for intermittent railroad generated noise. Finally, the distance
between the railroad tracks and residences in Waterfield P.U.D. is
considerably greater than the separation distances in the San
Cristo study and there are numerous structures in Waterfield either
existing (homes on the out parcels) or planned (school, C-store,
retail building and day care) which should serve as effective
barriers for sound abatement purposes. Intervening uses were not
a consideration with San Cristo.
R
Michael Ludwig
June 27, 1997
Page 2
We also located a table indicating typical noise levels from
common sources which was made available to the Board in connection
with the approval of the Hearthfire P.U.D. where site -generated
noise was an issue. Unfortunately, railroad noise was not among
the common sources for which decibel readings were listed.
While we acknowledge the Board's interest in this issue,
Brisben Companies, the developer of Bull Run affordable housing
project, does not have a budget for the project which covers only
essential costs. It cannot justify the cost to hire consultants to
evaluate the railroad noise, simply to have the information
available, for the following reasons. There are no L.D.G.S.
criteria, City Code or statutory provisions which require the
Waterfield developer to measure or mitigate off -site noise. The
Board approved the Waterfield P.U.D. Preliminary finding that all
applicable criteria were satisfied and without imposing a condition
regarding off -site noise evaluation. Residential development has
been approved immediately adjacent to railroad tracks in several
parts of the City, including the Meadowlark, Larkborough, Harmony
Crossing, Willow Springs, and Paragon Point developments. Most
recently, the City approved the Dry Creek Mobile Home Park which is
very close to the same set of railroad tracks of concern to the
Board with Waterfield and with a lesser setback. Finally, the lay
out and design of Waterfield provides for significant distances
and/or structural barriers between the tracks and almost all of the
residences. Only two buildings in the Bull Run Apartment complex
have a line of sight to the railroad tracks, and the distance to
the tracks is approximately 200 feet, much greater than in the
approved developments listed above.
Please let me know if you need further information or have
questions.
By:
LAL/jpk
Enclosures
pc: Jim McCory
Sincerely,