(A)
Purpose.
This division establishes a provision for alternative compliance associated with the review and approval of a development or redevelopment project, including improvements to existing on-site structures or existing site features, as required in Subsection (B) below. The purpose of the alternative compliance process is to ensure that:
(1)
A
proposed project is in compliance with this GDC to the greatest extent
appropriate for the improvements to be undertaken.
(2)
A
proposed project meets requirements that are appropriate for lots
or sites and site-specific development or redevelopment challenges
by applying a flexible approval procedure.
(3)
A
proposed redevelopment or development project enhances the site, and
therefore the overall environment of the City.
(4)
Allows
for different standards that are in agreement with the City’s
adopted Comprehensive Plan and produce an equal or enhanced level
of results as intended by the original development standards.
(B)
Applicability.
(1)
A
request for alternative compliance from certain provisions as specifically
cited within this GDC may be submitted for review and approval along
with the project’s initial development application (as applicable
for the project). All alternative compliance requests must be clearly
delineated graphically or in narrative format on the project’s
initial development application, including a reference to the specific
Section within this GDC that allows consideration of alternative standard(s).
(2)
The
applicable zoning district standards for a project are not to be reduced
or varied using the alternative compliance process unless standard
is specifically cited as qualifying for alternative compliance consideration
in its respective section of this GDC.
(C)
Responsible
Official.
The Planning Director is the official responsible
for processing a request for alternative compliance consideration.
(D)
Development
agreement required.
The Planning Director may only grant a request for alternative compliance with the provisions of Articles 2, 3, or 4 of Chapter 4 of this GDC by entering into a development agreement with the applicant. The development agreement may include matters outside of Articles 2, 3, or 4 of Chapter 4 of this GDC.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 34, adopted 8/20/19; Ordinance 7107, sec. 52, adopted 12/3/19)
Evaluation Criteria.
(A)
The alternative
compliance standard(s) sought by the applicant must be in agreement
with, and promote, the recommendations and policies within the City’s
adopted Comprehensive Plan.
(B)
The proposed
standard(s) must not reduce a standard unless it is, to the greatest
extent practical, equally mitigated or improved by increasing standards
of other requirements.
(C)
The proposed
standard(s) must not modify the land uses allowed in the zoning district
in which the subject property is located, nor add a land use not normally
allowed in the zoning district.
(Ordinance 6773 adopted 5/19/15)
If the Planning Director denies an alternative compliance request,
the applicant may seek a variance from the applicable Board or Commission
(as appropriate for the specific compliance provision) if variance
is authorized in this GDC.
(Ordinance 6773 adopted 5/19/15)
