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HomeMy WebLinkAboutBachus and Schanker Law Office Building - FDP200031 - - MODIFICATION REQUESTFebruary 2, 2021 Planning & Zoning Administrative Hearing Officer c/o City of Fort Collins Current Planning Department 281 North College Ave. Fort Collins, CO 80524 Re: Bachus & Schanker Law Office Building, FDP200031 - Modification of Standard Request On behalf of the Applicant, Bachus & Schanker, JR Planners & Engineers respectfully request that you consider the proposed Modification of Standards to Section 3.2.5.(C3) of the City of Fort Collins Land Use Code. Development Proposal & Background The Bachus & Schanker Law Office Building is proposed to be located on the southeast corner of East Drake Road and Illinois Drive within the Warren Federal Credit Union – East Drake Road Subdivision. The development proposes to subdivide the existing Lot 1 of the Warren Federal Credit Union – East Drake Subdivision into two new lots. The proposed Lot 1 being approximately 7,095 square feet in size will be for the neighborhood offices of Bachus & Schanker Law, Lot 2 is approximately 3,634 square feet and is intended for a future Commercial Land Use which has not yet been determined. Lots 1 & 2 are Zoned NC – Neighborhood Commercial. When completed the Bachus & Schanker project will embody the character and vision of City Plan for the Neighborhood Commercial Zone District and for high-quality Mixed Use Development. The Bachus & Schanker Law Office and future Lot 2 development represent one of the final remaining infill parcels within the Rigden Farm Neighborhood thus further fulfilling the City’s Planning goals for a Mixed Use Neighborhood offering a place to Live, Work, Shop and Play for a broad and diverse community. Modification of Standard Request to Section 3.2.5(C3) –Trash and Recycling Enclosure: Land Use Code Language: Section 3.2.5 (C3) - General Standards (3) Development plans must include labeled drawings of all proposed enclosures, internal trash and recycling rooms, staging areas and the like and include all proposed dumpsters, containers, bins and other receptacles and label the capacity of each. Proposed recycling capacity must be at least fifty (50) percent of the proposed trash capacity. Existing Conditions and Need for Modification: The existing Trash & Recycling Enclosure was approved and constructed in 2016 based on the required development standards in place at that time, however it has been determined by the City that the existing Trash & Recycling Enclosure does not meet the current standards as set forth in 3.2.5(C3) as it related to the recycling capacity being at least fifty (50) percent of the proposed trash capacity. Additionally the current trash enclosure cannot be properly modified in order to meet this new standard without reducing the capacity needed for trash as there is simply not adequate dimensional space within the current trash enclosure to properly accommodate equal capacity for both trash and recycling materials without greatly reducing the capacity for trash which is currently operating adequately as originally designed in 2016. Justification for Modification Request The modification requested presented is in accordance with the review procedures set forth in Section 2.8.2(H) of the Land Use Code states as follows: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 the decisions makers must also find that the Modification meets one of the following four criteria as described in the Land Use Code. The applicant respectfully presents that the proposed development meets the following criteria for approval of the Modification of Standard and the case presented below demonstrates that approval of the Modification would not be detrimental to the public good. Criteria #1 (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; Criteria #1 is Applicable as follows: The Law Office of Bachus and Schanker have a strict policy that requires that all paper and documents generated by the company that are to be disposed must first be shredded by an outside Legal Document Shredding Service. All Paper that is designated for disposal will be collected and stored in a secured area of the building prior to being shredding by an outside shredding service. On a weekly or bi-weekly basis, depending on volume of material collected the Document Shredding Service will arrive and shred all paper and documents on- site under the supervision of a Bachus & Schanker representative. After the shredding is complete the shredded material will then be hauled off-site by the Document Shredding Service provider to be recycled. No recyclable paper from the Bachus and Schanker Office will be placed into the existing trash enclosure recycling containers located on site and only a very minimal amount of trash and recycling generated by Bachus & Schanker will be disposed in the existing trash and recycling containers on-site. Therefore the applicant believes that the process of on-site paper shredding, removal and recycling performed on a weekly or bi-weekly basis will ensure that the existing Trash Enclosure and the existing Trash and Recycling Containers as originally designed and installed in 2016 will remain adequate for the existing and future businesses located within the Warren Federal Credit Union development and thus no modifications to either the trash enclosure or its trash and recycling collection containers will be required by the proposed development subject to the approval of this requested Modification of Standard. Criteria #2 (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; Criteria #2 is Not Applicable Criteria #3 (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; Criteria #3 is Not Applicable Criteria #4 (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. Criteria #3 is Not Applicable We appreciate your thoughtful consideration of this proposed Modification of Standard and look forward to your favorable response. Sincerely, Ken Merritt, RLA, APA Director of Planning JR Engineering