HomeMy WebLinkAboutFORT COLLINS VETERINARY EMERGENCY & REHABILITATION HOSPITAL - PDP - PDP130018 - SUBMITTAL DOCUMENTS - ROUND 2 - MODIFICATION REQUEST (3)Request for Modification 2:
The Applicant requests a modification that is applicable to Section 3.2.1(E)(4) and Section 3.2.2(J)
(4) Parking Lot Perimeter Landscaping. Parking lot perimeter landscaping (in the
minimum setback areas required by Section 3.2.2(J) (Access, Circulation and Parking)
shall meet the following minimum standards:
(a) Trees shall be provided at a ratio of one (1) tree per twenty-five (25) lineal
feet along a public street and one (1) tree per forty (40) lineal feet along a side
lot line parking setback area. Trees may be spaced irregularly in informal
groupings or be uniformly spaced, as consistent with larger overall planting
patterns and organization. Perimeter landscaping along a street may be located
in and should be integrated with the streetscape in the street right-of-way.
(b) Screening. Parking lots with six (6) or more spaces shall be screened from
abutting uses and from the street. Screening from residential uses shall consist
of a fence or wall six (6) feet in height in combination with plant material and
of sufficient opacity to block at least seventy-five (75) percent of light from
vehicle headlights. Screening from the street and all nonresidential uses shall
consist of a wall, fence, planter, earthen berm, plant material or a combination
of such elements, each of which shall have a minimum height of thirty (30)
inches. Such screening shall extend a minimum of seventy (70) percent of the
length of the street frontage of the parking lot and also seventy (70) percent of
the length of any boundary of the parking lot that abuts any nonresidential use.
Openings in the required screening shall be permitted for such features as
access ways or drainage ways. Where screening from the street is required,
plans submitted for review shall include a graphic depiction of the parking lot
screening as seen from the street. Plant material used for the required screening
shall achieve required opacity in its winter seasonal condition within three (3)
years of construction of the vehicular use area to be screened.
(J) Setbacks. Any vehicular use area containing six (6) or more parking spaces or one
thousand eight hundred (1,800) or more square feet shall be set back from the street right-of-
way and the side and rear yard lot line (except a lot line between buildings or uses with
collective parking) consistent with the provisions of this Section, according to the following
table:
Minimum average of
entire landscaped setback
area
(feet)
Minimum width of setback
at any point
(feet)
Along an arterial street 15 5
Along a nonarterial street 10 5
Along a lot line *
5 5
Land Use Code Modification Criteria:
“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:
(1) the plan as subm
itted will promote the general purpose of the standard for which the modification is
ly defined and described in
and exceptional practical difficulties,
odified except in a nominal, inconsequential way when considered from the perspective of the
supported by specific findings showing
(1), (2), (3) or (4).”
foot high solid vinyl fence. As further justification for this Modification
of Stan red by Section 3.2.1(E)(4)(a) that would be placed in this setback area have been
rovide e site.
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 express
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
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 m
entire development plan, and will continue to advance the purposes of the Land Use Code as contained in
Section 1.2.2.
Any finding made under subparagraph (1), (2), (3) or (4) above shall be
h ow the plan, as submitted, meets the requirements and criteria of said subparagraph
Applicant’s Explanation of the Nature of the Modification Request:
The parking and drive areas along the south and east sides of the existing veterinary clinic (at 816 S. Lemay
Ave.) are existing. The asphalt paving in these locations currently extends to the property lines. These areas are not
highly visible from the public right-of-way along S. Lemay Avenue. In addition, there is an existing densely
landscaped detention area immediately to the south of this property and there is an existing parking lot immediately to
the east of this area. The addition of a three (3) foot high solid vinyl fence along these two drive areas, placed on the
property line, will adequately screen these areas from view and is allowed by Section 3.2.1(E)(4)(b).
The five (5) foot setback required by Section 3.2.2(J) is not needed to accomplish the screening of these drive
areas as this is accomplished by the three (3)
dard request, the trees requi
p d at other locations within th
ides of the existing structure to remain, would create an undue hardship to the
owner’s continued historical use of the property. Modification of these areas to meet the standard as
written would result in unusual and exceptional practical difficulties with regard to continued efficient
use of the property.
Applicant’s Justification:
A Modification of Standard to Section 3.2.1(E)(4), Parking Lot Perimeter Landscaping, and Section 3.2.2(J),
Setbacks, is justified by the applicable standards in contained in Section 2.8.2(H). This is because:
A.The granting of the Modification would not be detrimental to the public good because the alternative plan
provides substantial screening of the drive areas and enhancements at the property line to adjacent
properties.
B.The existing physical conditions unique to this property, including the narrowness of the drive areas on
the south and east s