Loading...
HomeMy WebLinkAboutHARMONY MARKET PUD, 1ST FILING - FINAL - 54-87C - CORRESPONDENCE - LUC REQUIREMENTS = Develo nent Services ® cc: Council _ Office of the Director • • City of Fort Collins November 20, 1989 • Mr. James E. Creeden P.O. Box 1022 Fort Collins, CO • 80522 Dear Mr. Creeden: This is in response to yo_ur request for information regarding the PACE Warehouse project located at the corner of Harmony and Boardwalk. You asked for information involving four topics as follow: 1 . Compliance of Pace with City Building Codes. • The project has been inspected for building code, PUD/site plan and public improvement requirements. Earlier this month a "temporary" Certificate of Occupancy (CO) was issued by the Building Permits and Inspections Division pending completion of site work, including landscaping. The temporary CO includes a guarantee from the Company that the outstanding site work will be completed. The guarantee is in the form of a "letter of credit" in the amount of 125 percent of the estimated cost to complete the landscape site work. This method of guarantee is permitted by Section 29-526 of the City Code, and Section 1.1.8-83 (G) (4) (C) [3] of the Land Development Guidance System (see P.54) . The approved planned unit development (PUD) plan for the PACE project states that "All landscaping must be installed or secured with an irrevocable letter of credit, performance bond, or escrow account for 125 % of the valuation of the materials prior to issuance of a Certificate of Occupancy. " As this requirement has been satisfied and all development requirements met for this project a CO was issued by the City on November 9, 1989. 2. On-site Building Signs. A sign inspection was made on-site to ensure the signing on the building was in accordance with the City Sign Code. The on-site inspection included taking the physical dimensions of the building mounted signs by a large telescoping "pole" rule. The results were LaPu;:e :t'enue • r.o. Box 3SO • Fort Collins. CC-S052.2-0580 • !3.03i 2=i•^101 James E. Creeden November 20, 1989 Page 2 compared to the Code and approved development plan for the property. Violations of City Sign Code or PUD requirements were not found. 3. Parking Control Signs on Boardwalk, South of Harmony. Parking on Boardwalk south of Harmony will not be permitted because of the bike lanes. In addition to on-street striping for the bike lanes, signs have been ordered that will reinforce the use of this lane for biking purposes. They will be installed as soon as available. Section 10-5 of the Model Traffic Code prohibits parking of vehicles in a travel lane, unless otherwise posted. A bike lane is a travel lane and, therefore, is enforceable by City police today, with or without bike lane signs. During the grand opening (Nov. 9-11) parking on Boardwalk by customers did take place in violation of the code. It is not unusual for the City to not enforce the parking code during grand opening ceremonies of a business. in this case there was no hazard to the public safety. It was considered a temporary event that resolved itself immediately following the grand opening. To enforce the Code under such circumstances would have required committing a police officer' s time when, in the interest of public safety, such time is better spent elsewhere. 4. Noise Code. As requested, please find attached a copy of the City Noise Code. We trust the above adequately responds to your request for information and clarification regarding the PACE Warehouse project. We are not aware of any violation of city development code involving this project. at this time. If you should have additional questions, please feel free to call on me. I may be reached at 221-6601 . Sincerely, " s . Davis Ofrector of Development Services �JMD/dg Attachment: City Noise Ordinance cc: Police Chief bcc: Stephen J. Roy Steven C. Burkett 204 FORT COLLINS CODE - Sec. 20-4. Abatement by city in cases of ARTICLE II. NOISE emergency. Nothing herein shall be deemed to limit the Sec. 20.21. Definitions. power of the Director of Engineering, Building The following words, terms and phrases, when Permits and. Inspections Administrator or Fire used in this Article, shall have the meanings as Chief, in case of an emergency for the preserva- cribed to them in this Section: tion of the public health or safety, to summarily A-weighted sound level shall mean the sound remedy,change,repair or abate any dangerous or pressure level in decibels as measured on a sound unhealthy condition found to exist without any notice to any person. level meter using the A-weighing network. The Code 1972, § 79-2) level so read is designated dB(A)or dBA. City Manager shall mean the City Manager or Sec. 20-5. Abatement of nuisances when prop- the designated representative of the City Manager. erty owner absent. Construction shall mean any site preparation, If the lot or premises is not occupied and the assembly, erection, substantial repair. alteration o s ner is not found within the city «nen the no- or similar action, but excluding demolition. for or rice is about to be given, the City Council may of public or private rights-of-way,structures,util- have the premises cleaned. changed. repaired or ities or similar property. the nuisance abated without serving personal no- Cyclically varying noise shall mean steady or tice of any kind upon the owner or agent and may fluctuating noise which varies in amplitude such assess the costs against the lot or premises. that the same sound pressure level is obtained Code 1972, § 79-3) repetitively at uniform intervals of time. Decibel shall mean a unit for measuring the Sec. 20-6. Abatement of nuisances by persons volume of sound, equal to twenty (20) times the other than city. logarithm to the base 10 of the ratio of the pres- any person ordered to clean. repair. change or sure of the sound measurement to the reference pressure.which is twenty(20)micropascals(twenty make safe any property or abate any nuisance (20) micronewtons per square meter). may do so at such person's own expense. if suit- able arrangements are made with the. Director of Demolition shall mean any dismantling, inten- Engineenng,Building Permits and Inspections Ad- tional destruction or removal of structures, utili- ministrator or Fire Chief. prior to the time when ties, public or private rights-of-way, surfaces or the city shall start carrying out any order made similar properties. under this Article. Code 1972, § 79-4) Emergency shall mean any occurrence or set of circumstances involving actual or imminent physi- cal trauma or property damage which demands Sec. 20-7. Provisions to be cumulative. immediate action. The provisions of §§ 20-21 through 20-45 are cumulative to all other provisions relating to un Emergency work shall mean any work performed sanitary and dangerous conditions and to nuisances for the purpose of protecting persons or property in this Code. from imminent exposure to danger or restoring Code 1972, § 79-5) property to a safe condition. Gross vehicle weight rating(GVWR)shall mean Secs. 20-8-20-20. Reserved. the value specified by the manufacturer as the • • Supp.No.2 • 1316 • • NUISANCES 3 20 21 • recommended maximum loaded weight of a sin- gle motor vehicle. In cases where trailers and -tractors are separable,the gross combination weight rating (GCWR) which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle shall be used. Impulsive sound shall mean a noise containing excursions usually less than one(1)second of sound pressure level twenty(20)dB(A)over the ambient noise level using the fast meter characteristic. Intermittent noise shall mean a noise whose sound pressure level equals or is less than the ambient noise level two 121 or more times during the pe- riod of observation and is =-neater than the ambi- ent during the remainder of the period. Motorcycles shall mean an unenclosed motor vehicle having a saddle for the use of the operator and two(2)or three 13)wheels in contact with the ground including but not limited to motor scoot- ers and minibikes. Motor vehicle shall mean any vehicle which is propelled or drawn on land by a motor. such as but not limited to passenger cars, trucks, truck- trailers, semitrailers. campers. go-carts. snow- mobiles, amphibious craft on land, dune buggies or racing vehicles but not including motorcycles. • • Stapp.Na 2 ,The next page is 13171 1316.1 NUISANCES 9 20.23 Noise shall mean any sound which annoys or Sound pressure shall mean the instantaneous disturbs humans or which causes or tends to cause difference between the actual pressure and the an adverse psychological or physiological effect average or barometric pressure at a given point on humans. in space. as produced by sound energy. • .Voise disturbance shall mean any sound which Code i:'72: 7 8 9) l'toss reterence—Detinttions and rules nr construction gen- endangers or injures the safety or health or hu- rraiiy. _. mans or animals or annoys or disturbs a reason- able person of normal sensitivities or endangers Sec. 20-22. Unreasonable not prohibited. or injures personal or real property. • Person shall mean any individual. association. No person shall make, continue or cause to be partnership or corporation. and includes any offs made or continued any unreasonable noise; and ter. employee. department. agency or instrumen no person shall knowingly permit such noise upon tality of a state or any political subdivision of a any premises owned or possessed by such person state. or under such person's control. For purposes of this Section. members of the Police Department Property -nunaan' mail mean an tmadlnar are empowered to make a prima facie determina- .ine along the ground surtace ana its verttcai ex- tion as to whether a noise is unreasonable. tension. which separates the real property owned Code 1972, § 78-1; Ord. No. 65. 1987, 5=5-87) by one 1) person from that owned by another person; but not including intrabuilding real prop- Sec. 20.23. Maximum permissible noise levels, erty divisions. a► A noise measured or registered in the man- Public right-of-way shall mean any street. aye- ner provided in 3 20-24 from any source at a level nue. boulevard, highway: sidewalk or alley or sim- which is in excess of the d&A)established for the ilar place which is owned or controlled by a goy- time period and land uses listed in this Section is ernmental entity. hereby declared to be excessive and unusually Public space shall mean any real property or loud and is unlawful. When a noise source can be structures thereon which are owned or controlled identified and its noise measured in more than by a governmental entity. one(1) zoning land use category, the limits of the • Quiet zone shall mean any area for the purpose most restrictive zoning classification shall apply. of ensuring exceptional quiet. Maximum Sound shall mean an oscillation in pressure. noise particle displacement, particle velocity or any other Land uses idB(AJJ • physical parameter in a medium with internal Residential use areas zoned R-L, forces that causes compression and rarefaction of R.L.P. R-L-M, R-M. R.H. R.P. that medium. The description of sound may in- R-M-P. M-L. M-M or T elude any characteristic of such sound. including 7:00 a.m. to :00 p.m. 55 duration. intensity and frequency. 7:00 p.m. to 7:00 a.m. 50 Sound level shall mean the weighted sound pies- Business and commercial use areas sure level obtained by the use of the sound level zoned B-P. B-L. B-G, H-B or C meter and frequency weighting network. as spec- 7:00 a.m. to 7:00 p.m. 60 ified in the American National Standards Insti- 7:00 p.m.to 7:00 a.m. 55 tute specifications. • • Industrial use areas zoned I-L and Sound level meter shall mean an instrument I-p which includes a microphone,amplifier,root-mean- 7:00 a.m. to 7:00 p.m. 70 square detector, integrator or time averager. out- 7:00 p.m. to 7:00 a.m. 65 put meter and weighting networks used to mea- sure sound pressure levels. • Stipp.No.I 1317 • NUISANCES §20-26 special variance against the adverse impact on the health. safety and welfare of persons affected, the adverse impact on property affected and any • other adverse impacts of granting the special vari- ance. Special variance decisions may be appealed to the City Council. Special variances shall be granted by notice to the applicant containing all necessary conditions. including a time limit on the permitted activity. • • • • Supp.No.1 1318.1 • 20.23 FORT COLLINS CODE Maximum Sec. 20-25. Exceptions. noise (a) The provisions of this Article shall not apply Land uses Idb(A)1 to: Industrial use areas zoned I-G (1) Any noise resulting from any authorized 7:00 a.m. to 7:00 p.m. 80 emergency vehicle in responding to an emer- 7:00 p.m. to 7:00 a.m. 75 gency call or acting in time of emergency; (b) Between the hours of 7:00 a.m. and 7:00 (2) The unamplified human voice; p.m.. the noise levels permitted in(a) above may be increased by ten (10) decibels for a period of (3) The operation of aircraft or other activities not to exceed fifteen(15)minutes in any one-hour which are subject to federal law with re- • period. spect to noise control. (Code 1972. § 78-2) (b) Notwithstanding any other provision of this Cross reference—Zoning,annexations and deveiopmenc of Article, construction or demolition projects shall Land.Ch.29. be subject to the maximum permissible noise lev- Sec. 20-24. Classification and measurement els specified for industrial uses zoned LG for the of noise. period within which construction or demolition is to be completed pursuant to any applicable per- For the purposes of determining and classify- mit issued by the city or. if no time limitation is ing any noise as excessive or unusually loud and. imposed. for a reasonable period of time for com- as such, in violation of§ 20-23. the following test pletion of the construction or demolition project. measurements and requirements may be applied; This Section shall not preclude obtaining a vari- provided. however, that a violation of § 20-22 ance for a construction or demolition project pur- may occur without the following measurements suant to § 20-26. being made: (c) Nothing in this Article shall preclude any (1) Noise occurring within the jurisdiction of type of emergency activity necessary for the pro- the city shall be measured at a distance of tection of the health, safety and welfare of the at least twenty-five l25) feet from a noise citizens of the city. source located within the public right-of- (Code 1972. § 7 8-4) way, and if the noise source is located on • private property or public property other Sec. 20-26. Variances. than the public right-of-way.the noise shall be measured at or within the property bound- (a) The City Manager shall have the authority ary of the receiving land use. to grant special variances from the provisions of this Article. Any person seeking a special vari- (2) The noise shall be measured on a weighing ance shall file an application with the City Man- scale on a sound level meter of standard ager. The application shall contain the date, time, design and quality and in accordance with location and duration of activity for which the the standards promulgated with the Amer- variance is requested as well as information which ican National.Standards Institute. demonstrates that bringing the source of sound or (3) For the purposes of this Article, measure- activity for which the special variance is sought ments with sound level meters shall be made into compliance with this Article would consti- when a wind velocity at the time and place tute an unreasonable hardship on the applicant. of such measurement is not more than five on the community or on other persons. (5) miles per hour or twenty-five (25) miles (b) In determining whether to grant or deny per hour with a windscreen appropriately the application, the City Manager shall balance attached to the microphone. the hardships to the applicant of not granting the (Code 1972, § 78-3) Supp.No.1 1318 0 • 4 NUISANCES a 20-29 c) Under no circumstances shall the noise level • Speed limit Speed limit of35 mph of greater of an activity for which a special variance is granted or less than 35 mph for a period of time in excess of eight IS) hours sound ores- %sound prey- exceed ninety 190)decibels. :use level sure level Vehicles class rGVWR) (9Ai LJBA) d) Noncompliance with any condition of the >Iotor venicies with a man- :6 90 special variance permit shall terminate the per- lfacturer s gross venicle :nit and subject the person holding it to compii- •vefgnc rating,GVWR1 of ance with the provisions of this Article regulat- 10.000 pounds 14.336 kg) r more. or b- any com • - ing maximum permissible noise levels. hination of vehicles towed • Code 1972,2, 3 i 8 3) by.such motor venicie Any other motor vehicle PO A •r •im• combination )f ve • - SeC. 20-27. Quiet zones. c;cles towed by any motor -r,lcie.to include out not ar The City Council shall rave :re authority be i:n:ted to .uComo- c�ie�.vans.light fr.fcks or :o designate.by resolution. certain areas as yule[ ,ae.motorcvcie with d gross zones: The quiet zones may include but are not Phicie :veight rning limited to the following: (WWII) less than 10.000 pounds 14.336 kg, 1) Schools: i b) The sounding of any horn or other auditory signaling device on or in ally motor vehicle on ,2) Hospitals: any public right-of-way or public space except as a warning of danger is declared to be in violation r3) Nursing homes: of this Article. r c) No person shall operate or cause to be oper- (4) Convalescent homes: ated any motor vehicle or motorcycle off a public right-of-way in such a manner that the sound ,3) Places of worship: level emitted exceeds the limits set forth in 4 20-23. This Section shall apply to all motor yehi- cies. whether or n.of duly licensed and registered. 6) Courts. including but not limited to commercial or non- commercial racing vehicles, motorcycles, go-carts. b► In any area designated as a quiet zone.-the ;now mobiles.amphibious crafts.campers and dune sound level shall at no time exceed the maximum buggies. sound level established for residential uses under di Noise shall be measured at a distance of at 20-23. - Code 1972, § 78.6) ,.� least twenty-five a) feet from the near side of 'he nearest lane being monitored and at a height ' t at least four )4i feet above the immediate sur- Sec. 20-28. Motor vehicle maximum sound rounding surface. levels. 'Code 1972. § 7 8-7) Cross reference—Vehicles and traffic.Ch.28. a) No person shall operate or cause to be oper- ated a public or private motor vehicle or motorcy Sec. 20-29. Violations and penalties. cle on a public right-of-way at any time in such a manner that the sound level emitted by the motor ,ai :env person who Violates any provision of vehicle or motorcycle exceeds the levels set forth this Article. upon conviction. shall be subject to below: the penalty in § 1-15. 1319