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HomeMy WebLinkAboutDRAKE CROSSING SHOPPING CENTER, FT. COLLINS CARWASH, WIRELESS TELECOMMUNICATION FACILITY (VERIZON) - PDP - 35-96C - SUBMITTAL DOCUMENTS - ROUND 1 - MODIFICATION REQUEST(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 Verizon Wireless Response: The proposed Verizon Wireless telecommunications site has been proposed to provide much needed Verizon Wireless cellular coverage in the City of Ft Collins area bordered to the North by W Prospect Road; to the East by S Taft Hill Road; to the South by W Drake Road and to the West by.S Overland Trail. Due to the highly residential nature of the aforementioned area, the . area's few commercial areas were targeted for a telecommunications site. Please see attached Property Contact List for a list of those property owners who were contacted and were not interested in pursuing a telecommunications site with Verizon Wireless. (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. Verizon Wireless Response: As stated above, the location of the proposed telecommunications stealth monopole was selected due to the narrow shape of the subject lot and easements existing on the property. Verizon Wireless is requesting a Modification of Standards of the City of Ft Collins setback requirements in order to avoid. the drainage and manholes and well established trees located on the East side of the car wash building, and to mitigate views of the site from S Taft Hill Road. Any finding made under subparagraph (1), (2) or (3) above shall be supported by specific findings showing how the plan, as submitted, meets the requirements and criteria of said subparagraph (1), (2) or (3). vefrOpwireless Division 2.8 Modification of Standards (by the Planning and Zoning Board) 2.8.1 Purpose and Applicability The Planning and Zoning Board is empowered to grant modifications to the General Development Standards containedun Article 3 and the Land Use Standards and Development Standards contained in Article 4 and any separation or proximity standards that are established as a specific measurement of distance in the District Permitted Uses contained in Arti.cle.4, either for: (1) overall development plans and/or projeci development plans which are pending approval at the time that the request for proposed modification is filed, or (2) overall development plans and/or project development plans which the applicant intends to file, provided that such plans are in fact filed with the Director as development applications within one (1) year following the determination of the decision maker on the request for the proposed modification, or (3) development plans approved under prior law and which are sought to be amended (either as a minor or major amendment) pursuant to Section 2.2.10. 2.8.2 Modification Review Procedures A request for modification to the standards shall be processed according to, in compliance with and subject to the provisions contained in Division 2.1 and Steps 1 through 12 of the Common Development Review Procedures (Sections 2.2.1 through 2.2.12, inclusive) as set forth below. A modification may (at the option of the applicant) be processed in a consolidated application and reviewed concurrently with the development application to which it applies, in which event the decision maker shall be the Planning and Zoning Board for both the modification and the development application to which it applies, even if such development application would otherwise have been subject to administrative (Type 1) review. Once a modification is approved, it shall be controlling for the successive, timely filed, development applications for that particular development proposal only to the extent that it modifies the standards pertaining to such plan. " Step 8 (Standards): Applicable, and the Planning and Zoning Board may grant a modification of standards only if it finds that the granting of the modification would not be detrimental to the public good; Verizon Wireless Response: The proposed Verizon Wireless facility will not be detrimental to the public good, rather it will provide much needed Verizon Wireless cellular service in the area. (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 Verizon Wireless Response: Due to the shape of the subject lot and easements existing on the property, Verizon Wireless is requesting a Modification of Standards of the'City of Ft Collins setback requirements. Verizon Wireless selected the "rear" (West) side of the car wash building in order to avoid the drainage and manholes and well established trees located on the East side of the car wash building, and to mitigate views of the site from S Taft Hill Road.