HomeMy WebLinkAboutCOLORADO IRON & METAL - MOD - 5-10 - REPORTS - RECOMMENDATION/REPORTColorado Iron and Metal, Modification of Standard - #5-10
March 24, 2010 Administrative Hearing
Page 6
B. Granting the requested modification would not be detrimental to the public good.
C. The requested Modification of Standard to Section 3.8.11(C) is supported by the
criteria set forth in Section 2.8.2(H)(4), in that, the plan as submitted "will not
diverge from the standards of the LUC ... except in a nominal and inconsequential
way when considered from the perspective of the entire development plan and will
continue to advance the purposes of the LUC as contained in Section 1.2,2," of the
LUC, based on the following:
o The fencing will be treated like a structure and will be screened from high -
use and high -visibility areas by foundation plantings;
o There is no contextual building setback visible in this area, so the proposed
fence that will be closer to the front of the site will not seem inappropriate
when considering the surrounding properties;
o The fencing meets the setback standards of the Industrial Zone District; and
o The industrial use proposed, which requires the screening, is consistent with
the LUC and Structure Plan.
D. This request is only for a modification to the -specific standard in Section 3.8.11(C)
of the LUC. The applicant has submitted a Minor Amendment for the proposed
addition of use on the site, which is currently being reviewed by the City separate
from this request for a modification of standard.
6. RECOMMENDATION:
Staff recommends approval of the Colorado Iron and Metal, Modification of Standard - #5-10
Colorado Iron and Metal, Modification of Standard - #5-10
March 24, 2010 Administrative Hearing
Page 5
• Fosters a more rational pattern of relationship among residential,
business, and industrial uses for the mutual benefit of all (1.2.2(K));
• Ensures that development proposals are sensitive to the character of
existing neighborhoods.
4. STAFF'S ANALYSIS OF MODIFICATION REQUEST
Section 3.8.11(C) Fences and Walls of the LUC sets forth the requirement that: "fences or
walls shall be no more than four (4) feet high between the front building line and front
property line." The Applicant's Modification of Standard request is to have a 10' metal
fence, for buffering of metal scrap piles, in front of the front building on the property.
In reviewing the proposed documentation provided by the Applicant for purposes of
determining whether it accomplishes the purposes of this section as required, Staff has
determined that:
• Granting the requested modification would not be detrimental to the public good.
• The proposed fencing to screen the scrap metal piles on the site meets the criteria
set forth for a Modification of Standard Request in Section 2.8.2(H)(4), in that, the
plan as submitted "will not diverge from the standards of the LUC ... except in a
nominal and inconsequential way when considered from the perspective of the
entire development plan and will continue to advance the purposes of the LUC as
contained in Section 1.2.2," based on the following:
o The fencing will be treated like a structure and will be screened from high -
use and high -visibility areas by foundation plantings;
o There is no contextual building setback visible in this area, so the proposed
fence that will be closer to the front of the site will not seem inappropriate
when considering the surrounding properties;
o The fencing meets the setback standards of the Industrial Zone District; and
o The industrial use proposed, which requires the screening, is consistent with
the LUC and Structure Plan.
5. FINDINGS OF FACT/CONCLUSION:
A. The requested Modification of the Standard in Subsection 3.8.11(C) of the Land
Use Code for the Colorado Iron and Metal is subject to an Administrative (Type 1)
review.
Colorado Iron and Metal, Modification of Standard - #5-10
March 24, 2010 Administrative Hearing
Page 4
Colorado Iron and Metal is currently operating their offices and metal fabrication
operations within the building at 903 Buckingham. Concurrently, with this
modification request, we are requesting a minor amendment to allow "Recycling
Facilities" to utilize the yard area of the site, using the existing site improvements.
As part of the Minor Amendment, we want to screen the recycling work operations
from the street as required in the LUC 4.28(E)(3)(b)(1), however the nature of the
recycling operations would require a 10-foot tall fence to adequately hide the views
of the recycling scrap piles. The existing building is setback approximately 128 feet
from the street, and as part of the minor amendment application, we propose to
locate a recycling scrap pile closer to the street than the front facade of the building.
As shown in the attached minor amendment site & landscape plan, our intent is to
have a 10-foot tall screening fence enclose all views of the recycling piles from the
public street. In order to accomplish that, we propose to locate this 10-foot tall
screening fence between the front building line and the front property line, which is
technically the front yard.
The Public Good
The "public good" that the standard generally serves, is to ensure that the visual
impact of front yard fencing does not dominate the view of a property from the
public's view. The granting of the modification would not be detrimental to the
public good because the proposed 10-foot tall fencing is only proposed along 27%
of the street frontage of the site, is setback 30 feet from the street, and is being
landscaped as would be required for a building facade.
Nominal & Inconsequential Divergence from the Standards
The standard for which we are seeking the modification requires fencing to be short
in several specific circumstances. This standard does not account for the unique
circumstances present in a 5 acre industrial site, namely that recycling scrap piles
would .not adequately be screened with a 4 foot fence. Furthermore, for the same
reason that the proposed screening fence is not detrimental to the public good, it is
also only diverging from the standard in a nominal and inconsequential manner
because the proposed 10 -foot tall fencing is only proposed along 27% of the street
frontage of the site, it is setback 30-feet from the street, and it is being landscaped
as would be required for a building facade.
Continual Advancement of LUC Purposes
We hereby contend that the plan as submitted will continue to advance the
purposes of the Land Use Code as contained in Section 1.2.2 because, for the
same reasons the modification is not detrimental to the public good, the proposed
modification also:
• Fosters safe, economic use of the land (1.2 .2(C)];
• Improves the design, quality, and character of new development
(1.2.2(J));
Colorado Iron and Metal, Modification of Standard - #5-10
March 24, 2010 Administrative Hearing
Page 3
(1) the plan as submitted will promote the general purpose of the standard for
which the modification is requested equally well or better than would a plan
which complies with the standard for which a modification is requested; or
(2) the granting of a modification from the strict application of any standard
would, without impairing the intent and purpose of this Land Use Code,
substantially alleviate an existing, defined and described problem of city-wide
concern or would result in a substantial benefit to the city by reason of the
fact that the proposed project would substantially address an important
community need specifically and expressly defined and described in the
City's Comprehensive Plan or in an adopted policy, ordinance or resolution of
the City Council, and the strict application of such a standard would render
the project practically infeasible; or
(3) by reason of exceptional physical conditions or other extraordinary and
exceptional situations, unique to such property, including, but not limited to,
physical conditions such as exceptional narrowness, shallowness or
topography, or physical conditions which hinder the owner's ability to install a
solar energy system, the strict application of the standard sought to be
modified would result in unusual and exceptional practical difficulties, or
exceptional or undue hardship upon the owner of such property, provided
that such difficulties or hardship are not caused by the act or omission of the
applicant, or
(4) the plan as submitted will not diverge from the standards of the Land Use
Code that are authorized by this Division to be modified except in a nominal,
inconsequential way when considered from the perspective of the entire
development plan, and will continue to advance the purposes of the Land
Use Code as contained in Section 1.2.2. "
The Applicant has proposed that the modification of the standard would not be detrimental
to the public good and that it meets the requirements of Section 2.8.2(H)(4) of the LUC.
3. APPLICANT'S REQUEST
Dear Decision Maker,
This letter hereby requests a modification to section 3.8.11(C) of the land Use Code
where it states:
"Fences or walls shall be no more than four (4) feet high between the front
building line and front property line."
Colorado Iron and Metal, Modification of Standard - #5-10
March 24, 2010 Administrative Hearing
Page 2
EXECUTIVE SUMMARY:
The Applicant has submitted an application with a request for a modification of standard to
Section 3.8.11(C) Fences or Walls of the LUC. This section refers to the requirement that
"fences or walls shall be no more than four (4) feet high between the front building line and
front property line." The proposed 10' metal fence is intended to screen the scrap metal
piles that will be on the site, associated with the recycling facility proposed in the Minor
Amendment. The proposed 10' fence will require a building permit and, as the Site Plan
shows, will be screened from high -use and high -visibility areas by foundation plantings.
This application, for a modification of standard, requests that the Administrative Hearing
Officer determine if the modification request meets the intent of the LUC. This request is
only for a modification of the specific standard in Section 3.8.11(C) of the LUC. The actual
addition of use is being reviewed through the City's Minor Amendment process.
COMMENTS:
1. BACKGROUND
The surrounding zoning and land uses are as follows:
N: I, Industrial; Existing New Belgium Brewery
E: I; Existing Point Five Windows Manufacturing and Sales
S: I; Existing Vanworks Service Garage and mini storage facility
W: I; Vacant Property owned by Odell Investments
The property was annexed into the City in June, 1974 as part of the Northeast
Consolidated Annexation.
The subject property was originally platted in the North Lemay Subdivision, Second Filing
in September, 1981. The majority of the site was replatted as Lots 1 — 3 of Vanworks
Subdivision, Second Filing in April, 1997.
2. MODIFICATION REQUEST — PERTINENT CODE SECTIONS
This request is for a modification of a standard in the following section of the LUC:
Section 3.8.11(C) Fences and Walls, which states (in part) that, "fences or walls shall be
no more than four (4) feet high between the front building line and front property line."
As specified in Section 2.8.2 Modification Review Procedures, (H) (Standards), the
decision maker may grant a modification of standards only if it finds that the granting of the
modification would not be detrimental to the public good, and that:
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MEETING DATE 3 Lt(1 D
STAFF : fL
HEARING OFFICER
PROJECT: Colorado Iron and Metal, Modification of Standard - #5-10
APPLICANT: Troy Jones
MTA Planning and Architecture
238 Walnut Street, Suite 200
Fort Collins, CO 80524
OWNER: GTG Investments
903 Buckingham Street
Fort Collins, CO 80524
PROJECT DESCRIPTION:
Colorado Iron and Metal is relocating its recycling facility from its East Mulberry location to
a site located at 903 Buckingham Street; this change of use is being reviewed through the.
City of Fort Collins Minor Amendment Process. The Minor Amendment is proposing a 10'
metal fence, to be located in front of the primary structure on the site, to screen the metal
scrap pile while it waits to be recycled in the side yard. Section 3.8.11(C) Fences and
Walls of the City's Land Use Code (LUC) does not permit fences or walls over 4' to be
located in front of the front building line on the site.
This request, being reviewed by the Fort Collin's Administrative Hearing Officer, is only to
review the stand-alone modification of standard to Section 3.8.11(C) of the LUC that is
associated with the previously mentioned Minor Amendment.
The site is located at 903 Buckingham Street, southwest of the intersection of Lemay
Avenue and Vine Drive and is in the I, Industrial, Zone District.
RECOMMENDATION:
Approval
Current Planning
fcgov.com/currentplanning
281 N College Av PO Box 580 Fort Collins, CO 80522-0580
970.221.6750