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HomeMy WebLinkAboutROHRBACKER PUD - FINAL - 41-89C - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 10 MEETING DATE 10/22/90 STAFF Sherry Albertson —Clark City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Rohrbacker PUD, Final - #41-89C APPLICANT: Wayne Specht c/o Auto Salvage 1405 E. Olive Court, "F" Fort Collins, CO 80524 OWNER: Rosalie Rohrbacker 430 W. Myrtle Fort Collins, CO 80524 PROJECT DESCRIPTION: A request for final approval for an auto salvage yard on 3.6 acres, located at 1401 E. Magnolia Court. The site is zoned C-Commercial, with a PUD condition. RECOMMENDATION: Approval. EXECUTIVE SUMMARY: This project consists of an auto salvage yard on 3.6 acres. The final plan is in substantial compliance with the approved preliminary plan and the conditions of approval on the preliminary plan have been addressed. DEVELOPMENT SERVICES 300 LaPorte Ave. P.O. Boa 580 Fort Collins. CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT • • Rohrbacker PUD, Final Plan - #41-89C P & Z Meeting - October 22, 1990 Page 2 COMMENTS 1. Background: The surrounding zoning and land uses are as follows: N: I-1; (heavy industrial) existing auto salvage yard (Larimer County) S: C; (commercial) existing auto body shop (Larimer County) E: I; (industrial) Loos Electric, Ferguson Enterprises (Larimer County) W: b-p; vacant (Fisher-Lemay Annexation) This site was annexed March 23, 1990 as the Rohrbacker Annexation and was zoned C-Commercial, with a PUD condition. The site presently contains a vacant office building, the construction offices/storage area for Sipes Concrete Construction Company and a number of auto bodies being stored by the applicant. The Planning and Zoning Board approved the preliminary plan at the July 23, 1990 Board meeting. Conditions regarding the stacking of autos on the site, screening for adjacent properties and water runoff were required as part of the Board's approval of the preliminary plan. An appeal of the approval of the preliminary plan was subsequently heard by the City Council and on September 18, 1990 the City Council upheld the Board's approval of the preliminary plan. City Council adopted findings and a resolution upholding the approval at the October 2, 1990 Council meeting. 2. Land Use: The proposed land use consists of an auto salvage yard. The applicant presently operates an auto salvage business, known as "Auto Salvage", at a site one block to the north of the proposed site. The majority of the applicant's business is from area auto repair and body shops. For preliminary PUD's approved under the LDGS, substantial compliance means that all conditions imposed by the Planning and Zoning Board on approval of the preliminary plan have been met and the final plan does not: (a) Change the general use or character of the development. (b) Increase the number of residential dwelling units by more than 1%. (c) Contain changes which would normally cause the development to be disqualified under the applicable criteria of the LDGS. The proposed land use is in substantial compliance with the approved preliminary plan. 3. Desipn: The proposed auto salvage yard consists of 4 separate lots, being divided by the extension of right-of-way for East Magnolia Court. The storage of autos is proposed on Lots 1, 3 and 4. At the present time, autos are being stored on Rohrbacker PUD, Final Plan - #41-89C P & Z Meeting - October 22, 1990 Page 3 Lots 3 and 4 and construction equipment and materials are being stored on Lot 2. The construction company will remain on Lot 2. The existing office building on Lot I would provide the office space and interior dis-assembly area for the auto salvage business. The conditions of preliminary approval are as follows: 1. No stacking of autos be permitted on the site. 2. Screening be provided to block views from adjacent properties along East Magnolia Court into the site. 3. A determination be made regarding where water to the west is coming from and where the proposed earthen berm should be placed. A note has been added to the site plan stating that no stacking of autos will be permitted on the site and the necessary changes have also been made in the development agreement language. Condition two relates to providing additional screening to further block views from adjacent properties into the site. The applicant has addressed this condition by providing the following improvements since preliminary approval: 1. Additional fencing, consisting of 8' high chain link fencing with slats along the north edge of Lot 3; 2. Two additional upright evergreens (Cologreen Juniper); and 3. Two deciduous trees (Marshall's Seedless Ash) added to the entry way planting areas. The additional fence screening and plant materials should block virtually any views into the site from adjacent properties. Condition three relates to irrigation overflows. The applicant's engineer has provided further information regarding this issue, which indicates that irrigation overflow (when it occurs) would impact the western edge of this site. Irrigation from the property to the north (which is lower than this site) presently flows to the east and would not be changed with the proposed plan. Therefore, the applicant is still proposing to install a 12" high earthen berm along the western boundary of Lot 4 and a portion of Lot 2. Placement of the berm in this area appears to be the best location, given the area's topography. The City's Stormwater Utility staff has reviewed the information provided by the applicant's engineer and concurs with the information regarding off site irrigation flows. Typically, the impact created by off site flows from another site is not required to be addressed through the development review process. In this case, the applicant is willing to provide the berm as a way of diverting irrigation flows from entering the site and potentially washing auto -related fluids off the site. The 9" high filter berms proposed by the applicant are intended to filter pollutants from any stormwater leaving the site and entering the stormwater Rohrbacker PUD, Final Plan - #41-89C P & Z Meeting - October 22, 1990 Page 4 system. Since the applicant proposes to drain and reuse or recycle virtually all of these fluids inside the existing structure, the amount expected to be filtered by the berm along the eastern edge of Lot 3 and on a portion of Lot 1 would be minimal; however, as indicated by Stormwater Utility staff, the applicant needs to be aware that periodic maintenance of the filter berm and removal of pollutants is necessary and is the responsibility of the applicant. Both the earthen berm along the western edge of the property and the filter berms exceed current City requirements addressing stormwater or water quality issues. The fencing of the entire perimeter of the site with 8' high solid cedar fencing remains the same as on the preliminary plan and the 40' setback along the East Magnolia Court r-o-w has been identified on the site plan. Should East Magnolia Court be extended west through the site, the applicant would be required to relocate fencing to this setback line and install the proposed streetscape in the 40' setback area. The applicant proposes to use the existing "Auto Salvage" sign at this location. The sign measures 21'10" (total length of combined portions of signs) x 2' and would be placed on the front of the building on Lot 1. The sign size and placement must meet City Sign Code requirements, as noted on the site plan. This sign is consistent in size with other existing signs in the surrounding area. RECOMMENDATION Staff finds that the Rohrbacker PUD, Final is in substantial compliance with the approved Preliminary Plan and that the conditions of preliminary approval have been met. Therefore, staff is recommending approval of the Rohrbacker PUD, Final, #41-89C. ITEM ROHRBACKER PUD NUMBER 41-89C M0117AY14 MOO W01 03ACUddY S NO IS 11, ... . T sjofajnS pue s�A&i3 SLxIInsuo:) SUVIDOSSV NUS NOIlOnuISNOO NOd 03AONdd• py .•,I '"I" a a 71Sd ... S N 0 1 S 1 A 3 N r0IgN8jN9f ONaN%VW '10 y0�1 49�JNVN7 911�j g •�'n'd 2I37I�d9bH0� ' rcca za. lcocl ao •s.��w� .ao. .z3u.s sz.o.. nz s�x�ca ung Fw s>aal!Sug Sul`urV/ D S�-71- �V DOSSrX S k„��ds 1N1YM oh g9Vn�Y�j ol�y 3 f � Jtl1 !� i L a1� Yo J .�ya3 S JZ �Va �� el: a't Y~Yjjn is `L 0 WS0 Utility lvices Stormwater October 9, 1990 Stewart and Associates, Inc. 214 N. Howes Street P.O. Box 429 Fort Collins, CO 80522 Attention: Phil Robinson Dear Phil: I have reviewed an additional report signed on October 1, 1990 entitled "Engineers Report, Rohrbacker P.U.D.". I concur with the discussion concerning the offsite irrigation flows. Your proposal to build a dike to prevent offsite irrigation water spills from crossing the site is definitely beyond normal requirements and will enhance water quality if an irrigation water spill should occur. I do have one concern that hasn't been addressed concerning the filter berms. If over time a pollutant build up occurs behind the filter berms and than a large storm flushes the pollutants by overtopping or breaching it, the pollutants will enter the stormwater system. I do believe the concentration will be reduced by the volume of water required to cause such an overtopping so I did not raise this issue during the original approval process. Just the commitment to build a filter berm is more than I have ever seen proposed in the past. I would suggest periodic maintenance of the filter berm and removal of pollutants. Again I feel you have gone above what anyone else has done in the past and since the Stormwater Utility is beginning a more active role in water quality we will probably monitor this method to evaluate its effectiveness. We do have other pilot water quality measures installed on private property which we will be monitoring as well as beginning a water quality testing program. If you have any questions or need additional information please feel free to contact me. Sincerely, Glen Schlueter Civil Engineer 235 Mathews • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6589 ;w M r STEWART&&SSOCIATES Consulting Engineers and Surveyors ENGINEER'S REPORT Rohrbacker P.U.D. 1. According to statements from residents of the area, there have been times when fairly large amounts of water flow through the Rohrbacker site. This water comes from irrigation overflow out of the fields to the west, and probably has happened a total of two or three times. The overflow water has nothing to do with storm water and is caused only by uncontrolled irrigation water. The proposed problem of this overflow water washing through the area where autos are stored can be solved by diverting the flow path around the auto storage areas since it is not within Mr. Specht's control to stop the overflow from happening. Small earthen dikes will be installed along the inside of the boundaries of the Rohrbacker site at locations which will divert flows around the auto storage sites. I have inspected the site and found that there are locations along the west property line where there is a potential for irrigation overflow onto the site. We were informed that previous irrigation overflow had come from the north; however, an inspection of the site revealed that the property lying north of the Rohrbacker site is lower in elevation. Therefore, as the ground now exists, any waters flowing from the north will be turned east along the north line of the Rohrbacker site then south to East Magnolia Street over the east edge of the Rohrbacker site. This possible flow over the east edge of the site would not cross auto storage areas, so we do not propose to make any attempts to divert it. This will not be a potential problem forever since the future development of the field to the west will eliminate irrigation. 2. The possibility of storm water washing through the auto storage sites and carrying oil and grease downstream will be averted by constructing a filter berm on the downstream side of the auto storage areas. This filter berm, which has been previously approved by the City of Fort Collins Storm Drainage Utility, will be constructed of road base so that water can seep through while the oils are filtered out. The locations of these filter berms are shown on the attached map of the site. 3. An eight foot high wood screening fence shall be constructed around the perimeter of the Rohrbacker site. The fence will be extended across East Magnolia Street, and a twenty foot wide, eight foot high wooden gate will be installed. When the gate is open, the auto storage areas can be viewed from properties to the east; therefore, Mr. Specht will construct eight foot high chain link fencing with screening slats inside the site. These chain link screening fences will be constructed at the locations shown on the attached map of the site. Also shown on the attached map is the proposed landscaping, to which we have added two upright evergreen trees along the proposed chain link screening fence. We have shown the existing Chinese elm trees, two of which lie outside the fencing and on each side of the proposed gate. These elm trees are fast growing and will provide screening above the eight —foot high fence. ` /o r q0 Phillip V. Robinson, P.E. & L.S. James H. Stewart and Associates. Inc. 214 N. Howes Street PO. Box 429 Ft. Collins, CO 80522 303/482-9331 • • DEVELOPMENT AGREEMENT SPECIAL CONDITIONS: 1. East Magnolia Street Right -of -Way a. Street and Streetscape Improvements That portion of the East Magnolia Street right-of- way adjacent to the property shall be improved to City standards at such time as said street is extended into the undeveloped property lying west of the development or at the time additional buildings are approved on the development. When such extension or additional buildings occur, the Developer shall install such right-of-way improvements at his sole cost or, at the option of the City, shall participate in the formation of a special improvement district therefor. The landscaping within the forty -foot (40 ft.) setback adjacent to the East Magnolia Street right-of- way ("Streetscape") shown on the site plan shall be installed by the Developer at his sole cost at the time improvements to East Magnolia Street are required as herein provided. In the event that a portion of the development with frontage on East Magnolia Street is transferred to a third party, the owner of the property so transferred shall be responsible for the payment of a pro rata share of the costs of the street and Streetscape improvements based upon the percentage of frontage to the whole frontage to be improved. The provisions of this paragraph shall be deemed to constitute a covenant of the Developer running with the property and shall be binding on the Developer and any subsequent owner of the property or any portion thereof. This Agreement shall be recorded in the Clerk and Recorder's Office in Larimer County, Colorado. Further, the Developer hereby covenants to include such restrictions in any documents transferring any interest in the development to a third party. b. Storage in the Right -of -Way No storage of any vehicle or part thereof shall be allowed in the East Magnolia Street right-of-way. Storage shall be allowed in the forty -foot (40 ft.) setback adjacent to such right-of-way until such time as the East Magnolia improvements are required to be installed as herein provided. All costs necessary to remove any items stored in such setback shall be borne solely by Developer. 2. Drainaae of Fluids and Storage on Site All fluids shall be drained from vehicles prior to storage and/or salvage on site, and all such drainage shall be conducted solely within a building or buildings on the property and in a room with concrete flooring. Storage of motor oil, differential grease, brake fluid, transmission fluid and antifreeze on the property shall be limited to one 30-gallon barrel of combined motor oil, differential grease, brake fluid and transmission fluid and one 30-gallon barrel of antifreeze. Each 30-gallon barrel shall be stored within a building in a room with concrete flooring, and each such barrel shall be encased in a 50-gallon barrel surrounded by a cement barricade three (3) feet in height. Gasoline shall be drained and used to operate equipment and vehicles used on the property. Any storage of gasoline on the property shall be in closed containers within a building with a concrete floor. Storage of freon shall be limited to one 25-pound high pressure drum or freon canister. Transmissions and batteries shall be stored within buildings on shelving and/or wooden racks above the floor until recycled. All storage shall conform to current City Fire Code provisions and applicable state and local hazardous waste regulations. 3. Crushing and Stacking of Vehicles No stacking or crushing of vehicles shall be permitted on the property.