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HomeMy WebLinkAboutROHRBACKER PUD - PRELIMINARY & FINAL - 41-89B - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 13 MEETING DATE 3/26/90 STAFF Sherry Albertson —Clark City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Rohrbacker PUD, Preliminary and Final - #41-8913 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 preliminary and final approval for an auto salvage yard on 3.6 acres, located at 1401 E. Magnolia Court. The site is zoned C-Commercial. RECOMMENDATION: Approval with conditions. EXECUTIVE SUMMARY: This project consists of an auto salvage yard on 3.6 acres. The preliminary/final plan is in conformance with Point Chart G "Extraction, Salvage and Junk Yard Uses" and the criteria of the All Development Chart of the LDGS. Conditions regarding perimeter fencing and gate materials are being recommended. DEVELOPMENT SERVICES 300 LaPorte Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT Rohrbacker PUD, Preliminary and Final Plan - #41-8913 P & Z Meeting - March 26, 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 storage of autos on the southern portion of the property in Larimer County. Since the site the terms of the Intergovernmental Agreement annex and seek City approval for the proposed storage of autos was considered an illegal use annexation, the auto storage use of the property use of the property after annexation. 2. Land Use: the site was an illegal use of was contiguous to City limits, required that the applicant auto salvage use. Since the in Larimer County prior to is not a legal non -conforming The proposed land use consists of an auto salvage yard. The applicant presently operates this 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. Point Chart G "Extraction, Salvage and Junk Yard Uses" was used to evaluate this proposal. This point chart addresses uses that "create major disruptions to the area's environment, even when carefully regulated. Dust, dirt, noise and unsightly conditions can be anticipated." Point Chart G has three absolute criteria that must be addressed. These criteria are as follows: 1. Is the outdoor display and storage of vehicles at least 40' from any street right-of-way? 2. Have all necessary precautions been taken to prevent all lubricant and fuel oil substances which are stored on the site, from leaking or draining into the groundwater system, streams, creeks, or other water bodies? Rohrbacker PUD, Preliminary and Final Plan - #41-89B P & Z Meeting - March 26, 1990 Page 3 3. Are all hazardous materials to be stored in a safe manner? The proposed plan has addressed these criteria. A 40' setback, inside the proposed perimeter fence, has been delineated on the site plan. The proposed auto storage areas are screened from view from the public right-of-way with solid wooden fencing. The applicant has stated that fluids would be drained from autos inside the structure on the site and that these fluids would then be recycled or sold and a note to this effect has been placed on the site plan. An earthen berm constructed on the site would contain any further fluid escape. The applicant has stated that there would not be any hazardous materials stored at the site. Based on this information, staff believes that the criteria of Point Chart G have been addressed. The proposed auto salvage use is considered to be compatible with the surrounding area, which consists of a mix of industrial and commercial land uses, many of which have areas of unscreened outdoor storage. 3. Design: 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 2, 3 and 4. At the present time, autos are being stored on Lots 3 and 4 and construction equipment and materials are being stored on Lot 2. The existing office building on Lot 1 would provide the office space and interior dis-assembly area for Auto Salvage. The existing structure on Lot 2 would be removed in the future. A 40' setback, inside the perimeter fencing has been identified on the site plan along the East Magnolia Court frontage for those areas that will be used for auto storage. This setback is required by Point Chart G of the LDGS. Wood screen fencing, 8' high, is proposed along the East Magnolia frontage and along the eastern property line. Fencing in these areas will screen the auto storage from view from the public right-of-way. The applicant is proposing to enclose the remainder of the site's perimeter with the existing chain link fence. Since the western property line is visible from Lemay Avenue, staff is recommending a condition that an 8' solid wooden screen fence be provided along the site's western perimeter, to screen storage from the view of the Lemay Avenue right-of-way. With this condition, the only chain link fencing that would be used on the site would be to separate the north and south property lines from the adjacent auto storage areas. These areas are not visible from the public right-of-way. A note has been placed on the site plan stating that all outdoor storage shall be screened so that it is not visible from the street right-of-way. There are several gates proposed in the fencing along East Magnolia Court. Staff is recommending a condition that gates in the fencing along the East Magnolia Court right-of-way be constructed of the same solid wood materials as the fence. Landscaping on the site presently consists of shrubbery in planters along the existing building on Lot 1 and several Siberian Elms (grown as shrubs), along the north side of Lot 3. The applicant is proposing additional landscaping at 0 0 Rohrbacker PUD, Preliminary and Final Plan - #41-89B P & Z Meeting - March 26, 1990 Page 4 the entry to the site, along the parking spaces in front of the existing building on Lot 1 and along the fencing on East Magnolia Court. Landscaping in the planters consists of a mix of deciduous and evergreen shrubs. Upright evergreens are proposed along the fencing on East Magnolia Court and the existing Elms are to remain. The proposed landscaping is an upgrade to the appearance of the site and surrounding 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. 4. Neighborhood Compatibility: A neighborhood meeting was held March 8, 1990 on this proposal. Concerns expressed by area property and business owners are generally summarized as relating to land use, screening and environmental concerns. The proposed land use is considered to be compatible with the surrounding area, which is an industrial area. There is an existing auto salvage yard to the north. Many of the surrounding uses have outdoor storage, in addition to office space. Screening is being accomplished through the use of 8' wood fencing to screen the storage areas of the site from the public right-of-way. Landscaping is proposed at the entry to the site and in several places along the East Magnolia Court frontage. Concerns were expressed relating to impacts on the environment of the proposed use. The applicant has stated that he would drain all fluids from the autos inside the structure on the site and a note to this effect has been placed on the site plan. These fluids are then recycled or sold. A 6" high earthen berm is proposed around the perimeter of the storage areas, to collect any further fluids that may escape from the autos and retain them on the site for collection. 5. Transportation: The site's access is from East Magnolia Court, a local street in unincorporated Larimer County. The street is surfaced to a point just west of Lots 1 and 3. The applicant is providing right-of-way dedication through the property for a future local street extension to the west. The traffic generated by the proposed auto salvage yard does not warrant improvements being made to East Magnolia Court at this time; however, the applicant is required to commit to future participation in improvements to this street. RECOMMENDATION Staff finds that the Rohrbacker PUD, Preliminary and Final meets the criteria of the All Development Chart and Point Chart G "Extraction, Salvage and Junk Rohrbacker PUD, Preliminary and Final Plan - #41-89B P & Z Meeting - March 26, 1990 Page 5 Yard Uses" of the LDGS and is compatible with the surrounding area. Therefore, staff is recommending approval of the Rohrbacker PUD, Preliminary and Final, #41-89B, with the following conditions: 1. An 8' solid wooden screen fence be provided along the site's western perimeter, to screen storage from the view of the Lemay Avenue right-of-way. 2. Gates in the fencing along the East Magnolia Court right-of-way be constructed of the same solid wood materials as the fence. Deve-onent Services i Planning Department IqW MEMORANDUM TO: Planning and Zoning Board FROM: Sherry Albertson -Clark, Chief Planne RE: Rohrbacker PUD DATE: March 26, 1990 Following are the conditions of approval recommended for the Rohrbacker PUD, Preliminary and Final: 1. An 8' solid wooden screen fence be provided along the site's western perimeter, to screen storage from the view of the Lemay Avenue right-of-way. 2. Gates in the fencing along the East Magnolia Court right-of-way be constructed of the same solid wood materials as the fence. 3. Stacking of automobiles shall not exceed 8', or be visible from the public right-of-way. 4. All outdoor stage shall be screened so that it is not visible from the street right-of-way, nor shall vehicles be stored on the public right-of-way. 5. All fluid drainage from vehicles on site shall occur within the confines of the buildings on site and such fluids shall be recycled. 6. The applicant shall be responsible for the installation and maintenance of all landscape improvements, parking areas, fencing and all other site amenities as specified on the site plan. 300 LaPorte Avenue - P.O. Box 580 - Fort Collins, CO 80522-0580 - (303) 221-6750 !7 6 Comments from Larry Melton, on behalf of Thomas J. and Charlene Bassett, owners of Lot 6A, Replat of Lots 6, 7 and 8 of East Mulberry Subdivision (aka 1411 E. Magnolia Court, Ferguson Enterprises) from a telephone conversa- tion on March 26, 1990: - concerned that there may be deed restrictions existing on the Rohrbacker property, when a portion of the property was purchased from the Bassetts. - owners of 1411 E. Magnolia are "vehemently opposed to this use; salvage yard not in conformity with existing uses in the area; believes auto salvage yard will be a negative impact on the value of their property". :� a: M0I13AYlfmoo OOd 03AOYdd• SNOISIA3tl �ccc-zcr IrUcl Icon o> crn�oa ..°. •.n.ac savor . nz �r5P- 3&>R-c� a n d z ar t sa oa : SUVDOSSd' INVNUIS i »ds -,a'— %... <r�ric oinv 1 z 3F -�33 � ! • t:s p:�= �� a �` � van. fr• � u ��; s Ij 2.7 T6}�33 }�!�] �� F F 9 C Y}3F yy95pp5lTfi TYB 4v x yy6 era O 8'-' - fSS1°�.•.,5�. _ a r----- - ---iy t-n33gja%; j----------i 0 I g gga ej% 303 i�lYi -I ° I' - �° � �R a>i1S. �'tcs at�2 Z•t rye o m w e:soYa �1sa-z8�:d Z T I •I�'_ I------Z--J .�.�'iiySy4 t1it 37 Z. z I o o .e J, t_ F i 0 W Y r , 41 � W r >c«nr> Hun a 'm hs J-0; S =�pz3.A�Qy�YYQ�,p <�o < � �g46 �=my ac o yia lzRE a ys - 3 �t +� • <i a%{t ��p� iA8 z O o ylza$`�`a a l roo �p610 o y !!�� A o al ymm2� ST a U � �OL a V L� .Q P.v� a �to, sRzs�i m'u J �a€2'oa 3a� a i H V V aos o Q r O � aims ��"6_3V+ � O 4€tu�a�yY�a<iFQ �s vvi a a f�L o FS � � z H � n .a9 066 Ti ,96 00 9 y 3 4 �R V s A n 8 — 0 c a - Y o — N° u 00'Ilf a1 ,00,42, o0N `9y z_j a I '}anal A1niyt1.01� � � 1N4uN0A A11111A .01 I ,om-lfl I g a'g p ,oyw2 M,�,4-c.cnv M,00,ty.00s ^ � 1Nri Alnµn ,ol �7 I LNuuga•a ALHIn I L • 0 �,4/A1 ALL DEVELOPMENT; NUMBERED CRITERIA CHART ALL CRITERIA APPLICABLE CRITERIA ONLY CRITERION Is the criterion cppicable? Will the criterion be sa551ieC7? If no, please explain Ye No NEIGHBORHOOD COMPATABILITY 1. Social Compatability 2, Neighborhood Character 3. Land Use Conflicts 4. Adverse Traffic Impact PLANS AND POLICIES 5. Comprehensive Plan X PUBLIC FACILITIES & SAFETY 6. Street Capacity x 7. Utility Capacity 8. Design Standards 9, Emergency Access 10. Security Lighting 11 Water Hazards RESOURCE PROTECTION 12. Soils & Slope Hazard 13. Significant Vegetation 14, Wildlife Habitat 15. Historical Landmark 16. Mineral Deposit 17. Eco-Sensitive Areas 18 Agricultural Lands ENVIRONMENTAL STANDARDS 19. Air Quality 20. Water Quality 21. Noise 22. Glare & Heat 23. Vibrations 24. Exterior Lighting 25. Sewages & Wastes SITE DESIGN 26. Community Organization 27. Site Organization 28, Natural Features 29. Energy Conservation 30. Shadows 31. Solar Access 32. Privacy 33. Open Space Arrangement 34. Building Height 35. Vehicular Movement 36, Vehicular Design 37. Parking 38. Active Recreational Areas 39. Private Outdoor Areas 40 Pedestrian Convenience 41. Pedestrian Conflicts )C 42. Landscaping/Open Areas 43. Landscaping/Buildings 44 Landscaping/Screening I y 45. Public Access 46 Slgns Y, I ACTIVITY: Extraction, Salvage and Junk Yard Uses DEFINITION: G Junk, scrap or salvage yards and all extraction uses. These are uses which create major disruptions to the area's environment, even when carefully regulated. Dust, dirt, noise, and unsightly conditions can be anticipated. CRITERIA. Each of the following applicable criteria must be answered "yes" and implemented within the develop- ment plan. Yes No NA 1. Is the outdoor display and storage of vehicles at least 40 feet from ❑ ❑ any street R.O.W.? El 2. Have all necessary precautions been taken to prevent all lubricant and fuel oil substances which are stored on the site, from leaking or draining into the groundwater system, streams, Imo° creeks, or other water bodies? l�l 3. Are all hazardous materials to be © ❑ stored in a safe manner? —28— 4 * 0 0 AUTO SALVAGE NEW & USED FOREIGN & DOMESTIC LATE MODEL PARTS 1405 E. OLIVE COURT FORT COLLINS, CO 80524 - (303) 493-4243 October 30, 20: i0ort Collins Planning and 'honing Board and City Council Plembers RE: Rohrbncker -,)roperty and Auto :"^lva.ge 11.J • ` Auto Salvage is a uses. auto karts sur)rlier to businesses in brt Collins, al=— the Front Range r-nd the general public. .)-nroximately ninety rerc-rt of our U:les is to local automotive businesses. re sa.lva, _-e tie usable -:arts from wrecked cars and �'is-oose of the unusable bodies. All fluids: oil, gas, antifreeze and batteries are recycled.. They are drained inside into containers and never drained on the gro=% .e tiro auto dismantlers. Traffic for our business is minima.__. There are some days when we cy.on't have any walk in business. A normal day is ten to fifteen customers. Most of our sales are done by telephone and we deliver a larse amount o the narts. �'or the past four years we have rented a section of the Rorh- backer ?roperty to store our cars. It �,ras previously used for wrecked car dismantling and storace. The only planned difference in our business when we purchase a. the Rerhbacker property is the relocation of our offices nd dis- mantling facilities to be located at 1400 East Magnolia Court. The other building at 1200 Last Magnolia Court is presently occupied by Sims Concrete Construction. This grill remain the same. Our existing AUTO SALVAGE sign will be used. This sign measures twenty one feet ten inches by two feet. It will be located on the unrer space above the front door. ],]nclosed are photographs of the buildings and sign. Je will dedicate z-reet to the city when the street con- tinues through to Lemay Avenue. An agreement to this will be drawn up by the city attorney or our -attorney upon completion of the rezoning. Sincerely, JS/mes �_�r- /l/ ':?ayne `:pecht II 0 40 AUTO SALVAGE NEW & USED FOREIGN & DOMESTIC LATE MODEL PARTS 1405 E. OLIVE COURT FORT COLLINS, CO 80524 • (303) 493.4243 NEIGHBORHOOD MEETING SUMMARY On Thursday, March 8, 1990 at 3:00 P.M. at 1400 E. Magnolia Court, a neighborhood meeting was held on the proposed Rohrbacker PUD. In attendance at this meeting were Wayne and Mary Specht, applicants; Rosalie Rohrbacker, property owner of the subject property and Sherry Albertson -Clark of the Planning Department. Four area property owners attended the meeting. The meeting began with an introduction by Sherry Albertson -Clark to the purpose of the meeting. Wayne Specht discussed the proposed project. After this presentation, questions and comments were addressed. The following summarizes the questions asked by area property owners and responses given by the applicants, as well as comments made by the property owners. uestion: Why didn't the auto salvage yard to the north annex and come through the City, rather than Larimer County? Response: The applicant responded that the zoning was existing on that site and this site did not have the needed zoning. Staff followed up on this matter by talking with Larimer County Planning staff. The other site did not meet the 1/6th contiguity requirement for annexation. Question : Why is this area so attractive for junk yards? Response: It is an industrial area. Comment: Would like to see the area cleaned up. Against a junk yard as a detrimental use for the area. uestion: What are the City requirements for screening, stacking cars? Response: Staff responded that there are no specific requirements for junk yards. Would use solid fencing for screening. Has questioned the applicant regarding the stacking of cars and the proposed height of fencing. The applicant responded that fencing would probably be 8' in height. Comment: Concerned about stacking cars 3 high and visibility above fencing. uestion: What exactly is the auto salvage operation? Response: Would screen the site with fencing. Disassemble cars for parts and crush what is left over. Crushing takes place at other junk yards, such as Willox or Aragon. Don't intend to stack cars. As cars are used, would expect to replace with additional cars. uestion: Would the applicant consider a restriction on stacking cars? Response: Don't know at this time. Comment: There are a number of things that have happened in the area to make this such a sensitive area (ie. existing illegal junk yards). Concerned about screening. How would ground water contamination be handled? Response: Staff responded that applicant is required to construct an earthen berm to contain any fluids and collect them at a collection point on the site. The applicant responded that fluids are not drained on the ground. Cars are kept upright, so there is limited leakage. Comment: Concerned that future owners may not be as concerned with such operational practices. Stated that the applicant currently keeps the site clean but is concerned about future owners. Recommend a restriction about the number of cars that could be kept on the site. Response: Can't spread out so much on this site as do other junk yards in the area. Comment: Concerned about previous approvals of junk yards in the area. Question : Did the applicant look at other sites for this use? Response: No, County Planning staff said this area was an industrial area. Comment: Concerned that the applicant has other cars stored in the vicinity of Lincoln Avenue. Response: Would be relocating the cars to this site, or would dispose of them. Comment: Objective of area owners is to improve the area. There is already lots of junk in the area. Comment: Concerned about the impact on the Fisher property to the west. May be enough salvage yards in the area already. Concerned about the environmental damage to the site from uses such as this. May be doing some industrial uses on own site. Sherry Albertson -Clark provided a summary of the major issues and concerns that were identified by area property owners. The meeting adjourned at 4:00 P.M. -2- 0 0 AUTO SALVAGE NEW & USED FOREIGN & DOMESTIC LATE MODEL PARTS 1405 E. OLIVE COURT FORT COLLINS, CO 80524 • (303) 493•4243 ,.)ctcber 30, 1 )'<:"" i0: fort Collins Planning and ' toning Board and City Council "lembers Rohrb�cker oro �erty and Auto ,,�-'lvu-e Auto Salvage is a uses. auto ,,^rts sunniier to businesses in "rt Collins, alcng the .Front ;Kange r.nd the general -public. _. ,,Jro,-,imateiy ninety rercient of our es is to local automotive Businesses. ::e s0.lv1- e the usable ^rts from wrecked cars and is-oose of the unusable bo'.ies. -''I- fluids: oil, gas, antifreeze and batteries are recycle?. They ore drained inside into containers and never drained on the ground. .,'e employ two auto dismantlers. Traffic for our business is minima_, There are some days when ','re don't have any :�:a.lk in business. A normal day is ten to fifteen customers. _iost cf our sales are done by telephone and we deliver lane amount of the parts, rbr the past four years ,;,e have rented a section of the Rorh- backer property to store our cars. It ryas oreviously used for wrecked car dismantling and storage. The only planned difference in our business when we purchase the Rorhbacker property is the relocation of our offices and. dis- mantling facilities to be located at 1400 mast Magnolia Court. The other building at 1200 East Magnolia Court is presently occupied by Lines Concrete Construction. This :rill remain the same. Our existing AUTO SALVAGE sign will be used. This sign measures twenty one feet ten inches by two feet. It will be located on the urrer matt above the front door. ,,,nc_l_osecl. are photographs of the buildings and sign. ':Je will dedicate ; _c .street to the city when the street con- tinues through to Lemay Avenue. An agreement to this aill be drawn up by the city attorney or our attorney upon completion of the rezoning. -incerely, `IS/mes ' :,rayne r:'pecht f 40 M AUTO SALVAGE NEW & USED FOREIGN 8 DOMESTIC LATE MODEL PARTS 1405 E. OLIVE COURT FORT COLLINS, CO 80524 - 1303) 493.4243 I 0 March 26, 1990 City of Fort Collins Planning and Zoning Board RE: Rohrbacker PUD - Preliminary and Final, Case #41-89B We, the employees of PLASTEC, do not want a junk yard next to our company! We have signed below to protest the proposed junk yard at 1400 E. Magnolia Court.