(A) Except in regards to buffering standards found in § 150.105, the City Council may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Council shall prescribe only conditions that it deems necessary or desirable in the public interest. In making the findings herein below required, the Council shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the Council finds:
(1) That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land;
(2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
(3) That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area.
(B) Alternative compliance. Notwithstanding all of the foregoing provisions of this chapter, a landscape site plan which is an alternative to strict compliance with the various landscaping requirements of this chapter may be approved by the City Council, if the Council finds that such plan is as good or better than a plan in strict compliance with the various landscaping requirements of this chapter in accomplishing the purposes of this chapter. Consideration should be given to preservation of heritage and ancestral trees which are not necessarily in required landscape areas. In no event, however, will landscaping or buffering within a dedicated right-of-way constitute alternative compliance with the requirements imposed by this chapter, nor shall such landscaping or buffering be deemed to satisfy any requirement of this chapter.
(1) Alternative proposals should be clearly identified on the landscape plans and the site plan application should include a letter outlining the alternative proposal. Review of the alternative proposal will be in conjunction with the site plan review.
(2) To establish some guideline equivalents for the major landscape requirements listed in § 150.674, a list of alternative equivalent ratings are found below. These ratings assign relative values to the landscape elements of a design and should be used when formulating alternative proposals. Each basic requirement which cannot be achieved is assigned a negative point value and may be compensated for with positive equivalents shown in the compensation list. An example using this concept is provided below:
(a) These ratings are intended to provide guidance for proposing alternatives to strict compliance for unusual site specific conditions. However, other proposed equivalents may be accepted based on extremely unusual conditions, if approved by the City Council.
(b) Deficiencies. The following information should be used to formulate alternative proposals when a site design cannot conform to the basic landscape requirements as described in § 150.674. Approved alternative compliance proposals must be from the Sunset Valley Recommended Plant List.
ALTERNATIVE COMPLIANCE EQUIVALENT RATINGS |
ALTERNATIVE COMPLIANCE EQUIVALENT RATINGS | |
Landscape Area as a Percent of Street Yard | Negative Points |
<20% | -20 |
20% | -15 |
21% | -10 |
22% | -8 |
23% | -6 |
24% | -4 |
25% | 0 |
Landscape Area for Each 12 Parking Spaces | Negative Points |
<60 square feet | -15 |
61 - 89 square feet | -10 |
90 - 119 square feet | -5 |
>120 square feet | 0 |
Landscape Islands, Medians or Peninsula Placement | Negative Points |
within 100 feet of each space | -10 |
within 75 feet of each space | -5 |
within 50 feet of each space | 0 |
Trees Installed in Parking Landscape Areas | Negative Points |
within 100 feet of each space | -10 |
within 75 feet of each space | -5 |
within 50 feet of each space | 0 |
(c) Deficiency compensation.
ALTERNATIVE COMPLIANCE EQUIVALENT RATINGS
|
ALTERNATIVE COMPLIANCE EQUIVALENT RATINGS
| ||
Trees All must be from Sunset Valley Recommended Plant List | Positive Points | |
Percentage of Installed Street Yard Trees | 2 inch caliper | 3 inch or greater caliper |
10% | +1 | +1 |
20% | +2 | +4 |
30% | +3 | +6 |
40% | +4 | +8 |
50% or greater | +5 | +10 |
Buffer Increased Above Minimum | Positive Points | |
10% | +1 | |
20% | +2 | |
30% | +3 | |
40% | +4 | |
50% | +5 | |
Special Landscape Features | Positive Points | |
Covered walkways not attached to buildings, arbors, gazebos or shaded seating areas for public benefit | +5 | |
Sidewalks, trails or pedestrian paths outside the public right-of-way | +5 | |
Sculpture, public art or water features that support aquatic plant and/or animal life | +5 | |
Herb or antique rose display gardens | +5 | |
Rain Garden or Wet Pond | +5 | |
Native Plant Credit | Positive Points | |
All native plant materials | +5 | |
Water Conservation Credit | ||
Approved rain water storage and irrigation distribution system | +5 | |
The installation of an automatic conventional spray type irrigation system for all landscape areas in compliance with § 150.680 | +3 | |
The installation of an automatic water saving drip system for all landscaped areas and in compliance with § 150.680 | +4 | |
ET/Smart Controller | +5 | |