HomeMy WebLinkAboutHARMONY MARKET PUD, 1ST FILING - FINAL - 54-87C - CORRESPONDENCE - LUC REQUIREMENTS = Develo nent Services ® cc: Council
_ Office of the Director
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City of Fort Collins
November 20, 1989
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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.
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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
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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
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Supp.No.2 •
1316
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NUISANCES 3 20 21
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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.
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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.
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.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
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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
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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
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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.
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Supp.No.1
1318.1
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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
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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
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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 •
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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 •
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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.
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