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HomeMy WebLinkAboutEVERGREEN PARK LOTS 4 AND 5 THE TOY SHED STORAGE PDP - 50 91C - CORRESPONDENCE - LUC REQUIREMENTSCommuni 'fanning and Environmental SE ces Current Planning City of Fort Collins August 4, 1998 Mr. Jerald H. Russell The Toy Shed 1314 Red Cedar Circle Fort Collins, Colorado 80524 RE: The Toy Shed Project Development Plan/Final Plan Dear Mr. Russell: Earlier this year we met regarding the Toy Shed and the standards with which the project development plan does not comply. Those standards are listed be- low, and you have the opportunity to request a modification and/or alternative compliance for the various sections. However, until we review the modification requests, we will not formulate a recommendation of either approval or denial. Section 3.5.1(J)(1) states that "No areas for outdoor storage, trash collection or compaction, loading or other such uses shall be located within twenty (20) feet of any public street, public sidewalk or internal pedestrian way." In order to comply with this Code requirement, the fence and the outdoor storage area must be located at least 20 feet from the edge of the sidewalk. Section 3.8.9(C) which specifies that chain link fencing with or without slats may - not be -used .as a -fencing material for screening purposes. Therefore, in order to comply with the standard, landscaped elements must be provided in conjunc- tion with a screen panel, arbor, garden wall, privacy fence or security fence to avoid the visual effect created by unattractive screening or security fences (Section 3.2.1(E)(1)(d)). It is staff's opinion that the plan that was submitted does not comply with Section 3.2.1(E)(1)(d)). The Planning and Zoning Board of the City of Fort Collins is empowered to grant modifications to the standards in the Land Use Code. To approve a modification request, the Planning and Zoning Board applies specific criteria outlined in Sec- tion 2.7.3(A-C) which is attached for your reference. Any request for a modifica- tion should be made in writing and demonstrate how these criteria are met. The standards for which a modification request could be made are Section 3.5.1(J)(1) and Section 3.8.9(C). 28 t North College Avenue • P.O. Box 380 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 A request for alternative compliance for Section 3.2.1(E)(1)(d) may be submitted as well. The alternative compliance request is similar to the modification re- quest, however it is specific to the landscape requirements and how they are ap- plied to this particular project. Any request for an alternative landscape and tree protection plan must comply with the standards of Section 3.2.1(N) which is at- tached. Again, this request must be made in writing as well. If you should have any questions regarding the request for modifications, please do not hesitate to phone me at 221-6750. Best Regards, C��nWc�L/o Leanne A. Harter, AICP Project Planner xc: Peter Barnes Tim Blandford Stormwater Utility file/Project Planner Page 2 Division 3.1, Site Planning and Design Standards Section 3.2.1(K) (4) Street trees on local streets planted within the eight -foot -wide utility easement may conflict with utilities. Additional conduit may be required to protect underground electric lines. .(L) Visual Clearance or Sight Distance Triangle. Except as provided in Subparagraphs (1) and (2) below, a visual clearance triangle, free of any structures or landscape elements over twenty-four (24) inches in height, shall be maintained at street intersections and driveways in conformance with the standards contained in the City of Fort Collins Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways. (1) Fences shall not exceed forty-two (42) inches in height and shall be of an open design. (2) Deciduous trees may be permitted to encroach into the clearance triangle provided that the lowest branch of any such tree shall be at least six (6) feet from grade. (M) Revegetation. When the development causes any disturbance within any natural area buffer zone, revegetation shall occur as required in subsections 3.4.1(D)(2) (Natural Area Buffer Zone) and 3.2.1(F) (Tree Protection and Replacement). (N) Alternative Compliance. Upon request by an applicant, the decision maker may approve an alternative landscape and tree protection plan that may be substituted in whole or in part for a landscape plan meeting the standards of this Section. (1) Procedure. Alternative landscape plans shall be prepared and submitted in accordance with submittal requirements for landscape plans. Each such plan shall 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. (2) Review Criteria. To approve an alternative plan, the decision maker must first find 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. Article 3, Page 20 Supp. 2 Division 3.2, Site Planning and Design Standards Section 3.2.1(Ig (Ord. No. 90, 1998, 5/19/98) In reviewing the proposed alternative plan for purposes of determining whether it accomplishes the purposes of this Section as required above, the decision maker shall take into account whether the alternative preserves and incorporates existing vegetation in excess of minimum standards, protects natural areas and features, maximizes tree canopy cover, enhances neighborhood continuity and connectivity, fosters nonvehicular access, or demonstrates innovative design and use of plant materials and other landscape elements. 3.2.2 Access, Circulation and Parking (A) Purpose. This Section is intended to ensure that the parking and circulation aspects of all developments are well designed with regard to safety, efficiency and convenience for vehicles, bicycles, pedestrians and transit, both within the development and to and from surrounding areas. Sidewalk or bikeway extensions off -site may be required based on needs created by the proposed development. This Section sets forth minimum parking requirements in terms of numbers and dimensions of parking stalls, landscaping and shared parking. It also addresses the placement of drive-in facilities and loading zones. (B) General Standard The parking and circulation system within each development shall accommodate the movement of vehicles, bicycles, pedestrians and transit, throughout the proposed development and to and from surrounding areas, safely and conveniently, and shall contribute to the attractiveness of the development. The on -site pedestrian system must provide adequate directness, continuity, street crossings, visible interest and security as defined by the standards in this Section. The on - site bicycle system must connect to the city's on -street bikeway network.— " Connections to the off -road trail system shall be made, to the extent reasonably feasible. (C) Development Standards. All developments shall meet the following standards: (1) Safety Considerations. To the maximum extent feasible, pedestrians shall be separated from vehicles and bicycles. Article 3, Page 21 Supp. 2 Division 2.7, Modification of Standards Section 2.7.1 DIVISION 2.7 MODIFICATION OF STANDARDS (BY THE PLANNING AND ZONING BOARD) Sections: 2.7.1 Purpose and Applicability 2.7.2 Modification Review Procedures 2.7.3 Standards 2.7.1 Purpose and Applicability The Planning and Zoning Board is empowered to grant modifications to the General Development Standards contained in 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 Article 4, for overall development plans and project development plans which are pending approval at the time that the request for proposed modification is filed. (Ord. No. 90, 1998, 5/19/98) 2.7.2 Modification Review Procedures A request for modification to the standards pertaining to pending overall development plans or pending project development plans shall be processed according to, in compliance with, and subject to the same provisions applicable to the type of development application it seeks to modify, except that in all cases it shall be reviewed, considered and decided by the Planning and Zoning Board as a Type 2 Review subject to the standards contained in Section 2.7.3. A modification may be processed in a consolidated application and reviewed concurrently with the development application to which it applies. Once a modification is approved pursuant to Planning and Zoning Board Review, it shall be controlling for the successive development applications -for that particulaf — development proposal only to the extent that it modifies the standards pertaining to such pending plan. 2.7.3 Standards Modification requests may be granted if the Planning and Zoning Board determines and finds that: (A) the granting of the modification would neither be detrimental to the public good nor impair the intent and purposes of this Land Use Code; and Article 2, Page 44 Supp. 2 Division 2.7, Modification of Standards Section 1.7.3(B) (B) the plan as submitted will advance or protect the public interests and purposes 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 (C) the granting of a modification from the strict application.of any standard rq'N 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, adopted policy, ordinance or resolution (such as, by way of example only, affordable housing or historic preservation) or would substantially alleviate an existing, defined and described problem of city-wide concern (such as, by way of example only, traffic congestion or urban blight), and the strict application of such a standard would render the project practically infeasible. Any finding made under subparagraph (B) or (C) above shall be supported by supplemental findings showing how the plan, as submitted, meets the requirements and criteria of said subparagraph (B) or (C). (Ord. No. 90, 1998, 5/19/98) Article 1, Page 45 Supp. 2