HomeMy WebLinkAboutBUENO DRIVE CONDOS - PDP190004 - SUBMITTAL DOCUMENTS - ROUND 3 - MODIFICATION REQUEST1
Request for Modification of Standard LUC Section 3.2.1 (E) (4)
Project No. PDP 190004
City of Fort Collins Planning
281 North College Avenue
Ft. Collins, Colorado 80524
Attn: Pete Wray, Planning Services
Re: Lot 13, South 13 Subdivision (5724 Bueno Drive); Fort Collins, Colorado
Request for Modification of Section 3.2.1 (E) (4) (b) of the Land Use Code
Background
The adjacent lot to the South of the subject property has an existing parking lot at its
North boundary. From the adjacent parking lot, there is a steep slope running North
down to the South boundary of lot 13 and the proposed parallel parking space #6. The
Code requires a minimum of 5’ landscape screen on this side boundary. See # 4 (b)
below:
From Section 3.2.1 (E) (4) of LUC:
(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.
The required screening is not possible with the sudden change of grade at the South
boundary. In addition, any screening in this location would be screening the proposed
parking lot from the adjacent parking lot which is at a higher elevation.
The landscape plan does propose a tree and large shrub at the West end of parking
space #6 in the limited space available.
2
Justification
The justification for this modification request is found in LUC Section 2.8.2 (H) (1) & (3):
(H)
Step 8 (Standards): Applicable, and 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 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 side yard screening, 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.
Any finding made under subparagraph (1), (2), (3) or (4) above shall be supported by
specific findings showing how the plan, as submitted, meets the requirements and
criteria of said subparagraph (1), (2), (3) or (4).
Approval of This Request
In our opinion, the proposed plan for which the modification is requested will provide a
product that is equal or better than a plan which complies with the standard (1).
In addition, the physical conditions described above would present practical difficulties
or hardship to meet the Code requirement. (4) The approval of this request for
modification shall have no impact on the general health, safety and welfare of the
general public.
Please call with any questions. Thank you,
Tim Briggs, RLA
Site Design LLC
970-217-9169