Unified Development Ordinance

Sec. 10.2.17. Design Alternate

Sec. 10.2.17. Design Alternate aaron.sheppard… Wed, 05/24/2023 - 09:37
10-2-17
  1. Applicability
    The Planning Commission or Design Review Commission performing the quasi-judicial duties of the Planning Commission (as designated by the City Council) has the authority to approve a request for a design alternate as set forth in this UDO. Additionally, the Planning Commission or Design Review Commission performing the quasijudicial duties of the Planning Commission (as designated by the City Council) has the authority to approve a request for a design alternate to standards contained within the Raleigh Street Design Manual. All design alternates shall be reviewed in accordance with the provisions of the UDO, including this section and the applicable design alternate findings. Any design alternate approved pursuant to this section shall be incorporated into its corresponding site plan or subdivision approval, and shall expire, if at all, upon expiration of such corresponding site plan or subdivision approval. Design alternates are not available for anything set forth in a zoning condition.
  2. Pre-Application Conference
    Before applying for a design alternate, an applicant shall schedule a pre-application conference with the applicable Department Director or their designee to discuss the procedures, standards and regulations required for approval. This requirement may be waived at the discretion of the Department Director or their designee.
  3. Application Requirements
    1.  An application for a design alternate shall be submitted in accordance with Sec. 10.2.1.B. A request for a design alternate must be submitted after the first round of review for a development plan or infrastructure construction plans.
    2. An application for a design alternate must be signed and notarized by the property owner in order to initiate a request
    3. The applicant shall submit pertinent material necessary for review; in addition to the submittal material required for a subdivision or site plan. This may include detailed landscape plans, roadway cross-sections, site or subdivision layout, architectural renderings, material samples or other project-specific information.
  4. Approval Process
    1. In reviewing the design alternate, the applicable Department Director or their designee shall consult with the heads of the Public Utilities, Engineering Services, Transportation, Parks and Cultural Resources, Development Services and Fire Departments to check the proposed request against the requirements of this UDO and other applicable technical requirements of the City.
    2. Following the submission of a completed application, the Planning Commission or Design Review Commission, performing the quasi-judicial duties of the Planning Commission (as designated by the City Council), shall hold a quasi-judicial evidentiary hearing on the design alternate request that shall be noticed in accordance with the provisions of Sec. 10.2.1.C.
    3. The Planning Commission or Design Review Commission, performing the quasi-judicial duties of the Planning Commission (as designated by the City Council) may approve, approve with conditions, or deny a design alternate request. Each design alternate decision shall be based on the competent, material, and substantial evidence in the record establishing compliance with the standard applicable to the design alternate request. The standards required for the approval of design alternates from the UDO are set forth in the following sections:
      1. Sec. 1.5.6.D (Build-To)
      2. Sec. 1.5.8.C. (Pedestrian Access)
      3. Sec. 1.5.9.C. (Transparency)
      4. Sec. 1.5.10. (BlankWall)
      5. Sec. 1.5.12.C. (Garage)
      6. Sec. 3.3.3.C. (Building Massing)
      7. Sec. 7.1.7.I. (Vehicle Parking Lot) and
      8. Sec. 7.2.3. (Landscaping and Screening).
      9. Article 7.4. (Site Lighting)
      10. Sec. 8.3.2., 8.3.4. and 8.3.5. (Blocks, Lots and Access)
      11. Section 8.4 (New and Existing Streets)
      12. Section 8.5 (Street Cross Sections)
  5. Showings for the Raleigh Street Design Manual
    The Planning Commission or Design Review Commission performing the quasi judicial duties of the Planning Commission (as designated by the City Council) shall conduct a duly noticed, quasi-judicial evidentiary hearing and approve a design alternate from the provisions of the Raleigh Street Design Manual upon a showing of all of the findings set forth below:
    1. The approved design alternate is consistent with the intent of the Raleigh Street Design Manual (if applicable);
    2. The approved design alternate does not increase congestion or compromise safety;
    3. The approved design alternate does not create additional maintenance responsibilities for the City;
    4. The approved design alternate has been designed and certified by a Professional Engineer, or such other design professional licensed to design, seal and certify the alternate;
    5. The approved design alternate will not adversely impact stormwater collection and conveyance; and
    6. The design alternate is deemed reasonable due to one or more of the following:
      1. Given the existing physical environment, including but not limited to the following, compliance is not physically feasible:
        1. an existing building would impede roadway expansion; or
        2. transitioning from a different street section; or
      2. The burden of compliance is not reasonable given the size of the site or intensity of the development.