HomeMy WebLinkAboutBRAZIL 99 (CAMPUS WEST REDEVELOPMENT) - PDP - 45-98 - CORRESPONDENCE - MODIFICATION REQUESTIn a nutshell, you can explain in a written text box labeled "alternative compliance" on
the landscape plan itself why you cannot follow 3.2.1[D][1][c] & 3.2.1[E][2][d], and how
your plan follows the intent as well as existing conditions will allow. When the project
planner writes the staff report, it will state that the director of planning finds all items
(except items to be reviewed as modifications) to comply with the code. The P&Z Board
must make a ruling on each of the modifications, but not on the alternative compliance
issues. Keep in mind however that they may choose to open the alternative compliance
up for discussion, but it will not be required for them to do so.
Let me know if you need any further clarification on this or any other issue. My direct
phone number is 221-6206.
Yours truly,
T 1yones
Project Planner
Q1M
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Commu._.y Planning and Environmental , .vices
Current Planning
City of Fort Collins
Jim Birdsall
Kenney & Associates
343 East 41h Street
Loveland, CO 80537
Mr. Birdsall,
February 2, 1999
In your December 151h letter to Mike Ludwig, you listed 4 separate issues for which you
would like to seek modification to the code's standards. Two of those requests must be
processed as requests for modifications, while the other two can simply be dealt with
through a process called alternative compliance.
The two issues that must be processed as modifications are (1) the massing variation
requirement along the west fagade, and (2) the circular signage canopy extending more
than 5 feet into the building setback.
You stated that you are clear about the process of requesting a modification. You asked
me though to clarify the process for requesting an alternative compliance. The difference
between the two is as follows. The modification can only be granted by the planning and
zoning board because such a request is not complying with the standards. Alternative
compliance is allowed for certain subsections of the code when specified within that
subsection.
The "landscaping and tree protection" requirements in Section 3.2.1 of the code do allow
alternative compliance as specified at the very end of that section in 3.2.1(K) "alternative
compliance." All landscaping requirements within 3.2.1 can be deemed in compliance if
the applicant provides a plan that will "clearly identify and discuss the modifications and
alternatives proposed and the ways in which the plan will better accomplish the purposes
of this section than would a plan which complies with the standards of this Section." If
the Director of Planning determines (upon recommendation of the Project Planner) that
"the proposed alternative plan accomplishes the purposes of this Section equally well or
better than would a plan which complies with the standards of this Section," then the
proposed alternative compliance will be deemed "in compliance." Given the restraints
imposed upon the project by the existing conditions, an alternative compliance would
obviously accomplish the purpose of this section far better than not allowing the
development at all.
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281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020