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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,