§ 21.66.035. Permitted uses: Alternative equivalent compliance.

A.

This alternative process is to promote creative design approaches resulting in development equal or superior to development that fully meets all requirements.

B.

A proposal to modify development standards or requirements shall not undermine the intent of the core design standards.

C.

This alternative process differs from the variance procedure because approval is based upon meeting or exceeding the intent of the standard by an alternate method, instead of allowing non-compliance based on unusual circumstances.

D.

Pre-application: An applicant proposing alternative equivalent compliance shall request and attend a pre-application conference before submitting the site plan for the development. Based on the director's preliminary response, an applicant shall include in the site plan application explanation and justification, written and graphic, sufficient to support the alternative equivalent compliance requested by the applicant.

E.

An applicant may propose to deviate from the design standards if the proposal satisfies the evaluation criteria of this section.

1.

Aspects of property development which can be modified including:

a.

The core design standards,

b.

Building set-backs.

2.

No other standards can be modified including the following:

a.

Building height,

b.

Uses permitted by the zone in which the property is located, and

c.

Regulations for non-conforming uses,

F.

The planning director shall have the authority to approve or disapprove designs that seek alternative compliance.

1.

The planning director shall not approve a request for modification unless it provides architectural and urban design elements equivalent or superior to what would likely result from compliance with the core design standards and guidelines.

2.

The planning director shall consider the following criteria in evaluating proposals:

a.

The unique characteristics of the subject property, its surroundings and how they will be protected or enhanced by modifying the design standards.

b.

The positive characteristics of the proposed development and whether such characteristics could be provided by compliance with the design standards proposed to be modified.

c.

The arrangement of buildings and open spaces as they relate to other buildings and/or uses on the subject property and on surrounding properties.

d.

Visual impact to surrounding properties caused by parking facilities in the proposed development and whether such impacts are less than would result from compliance with the design standards to be modified.

e.

Whether the proposed design mitigates the impacts that could be caused by the proposed modification of the standards.

G.

Formal appeal of the planning director's decision: An applicant may appeal the planning director's decision to the planning and zoning commission. An applicant shall file an appeal within 30 days of the planning director's decision.

(AO No. 2009-26(S), § 1, 7-21-09)