50.08.006 LGVC ADJUSTMENTS
1. PURPOSE
The regulations in LOC 50.05.007, Lake Grove Village Center Overlay District, are designed to implement the goals and policies of the Lake Grove Village Center Plan. These standards apply to the entire Lake Grove Village Center Overlay District. However, due to the district’s diversity, some sites are not able to be developed in compliance with all applicable district standards, or through application it may be found that various district standards conflict when applied to a general class of property, or the district generally. Adjustment reviews provide the opportunity for flexibility in unusual situations or in the event of code conflict and allow the district standards to be modified if the proposed development continues to meet the intended purpose of the regulation or of the policies of the Lake Grove Village Center Plan.
(Ord. 2579, Repealed and Replaced, 03/20/2012)
2. STANDARDS SUBJECT TO ADJUSTMENT
a. Eligible Standards
Except as listed in LOC 50.08.006.2.b, the standards in the Lake Grove Village District overlay district code may be modified using the adjustment review process.
b. Ineligible Standards
Adjustments are prohibited for the following:
i. Standards addressing the permitted or conditional uses allowed on the property;
ii. Standards and requirements relating to review procedures;
iii. LOC 50.05.007.4.b, Structure Height;
iv. LOC 50.05.007.4.c, Lot Coverage; or
v. LOC 50.05.007.4.d.ii, Village Transition yard setbacks adjacent to R-7.5 and R-10 parcels.
(Ord. 2579, Repealed and Replaced, 03/20/2012)
3. MINOR ADJUSTMENTS
Minor adjustments are available to provide flexibility in circumstances where application of the Lake Grove Village District Overlay code results in the inability to meet all applicable quantitative code requirements. A project may involve one or more minor adjustments. The following Lake Grove Village Center Overlay District code standards involving quantitative requirements may be adjusted by 20% or four ft., whichever is less:
a. Site Dimensional Standards
i. LOC 50.05.007.4.d, Yard Setbacks, not including Village Transition yard setbacks adjacent to R-7.5 and R-10 parcels; and
ii. LOC 50.05.007.4.e, Streetfront Environment standards, (i) Build-To Line and (ii) Minimum Street Frontage.
b. Site Planning Standards
i. LOC 50.05.007.6.e.viii(5), Landscape Requirements: Parking Facility Edge Requirements, and
ii. LOC 50.05.007.6.f.i(1), Buffer Area and Screening, Requirements Adjacent to Low Density Residential.
(Ord. 2579, Repealed and Replaced, 03/20/2012)
4. MAJOR ADJUSTMENTS
Major adjustments are available to any eligible standards, as listed in LOC 50.08.006.2.a, including minor adjustments which exceed the quantitative minor adjustment threshold.
(Ord. 2579, Repealed and Replaced, 03/20/2012)
5. ADJUSTMENT APPROVAL CRITERIA
a. Criteria for Minor and Major Adjustments
Except as provided in LOC 50.08.006.5.b, both minor adjustments and major adjustments applications shall satisfy all of the following criteria:
i. Granting the adjustment results in a site plan or building design that equally or better meets the purpose of the standard(s) being adjusted;
ii. The property has special circumstances or conditions involving site configuration, natural or topographic features, existing improvements, or relationships to abutting or adjacent properties which would result in the inability of the applicant to comply if the standards were applied to the property without an adjustment;
iii. The adjustment is the minimum necessary to alleviate the inability to comply with the applicable standards;
iv. The adjustment will not adversely affect existing physical and natural systems such as traffic, access, circulation, connectivity, drainage, designated sensitive lands, historic resources, or parks, and the potential for abutting properties to use solar energy devices any more than would occur if the development fully met the standards of the overlay district; and
v. Any significant impacts resulting from the adjustment are mitigated to the extent practical through building or site design features on the site.
b. Additional Criteria for Major Adjustments
Major adjustments shall either:
i. Satisfy the following additional criteria, in addition to all of the criteria in LOC 50.08.006.5.a: The applicant shall demonstrate through an alternatives analysis how a site plan or building design cannot reasonably be proposed, which complies with all applicable Lake Grove Village Center Overlay District standards; or
ii. Satisfy the following additional criteria, in addition to the criteria in LOC 50.08.006.5.a.iii through v:
(1) The applicant shall demonstrate that without an adjustment, the application of the conflicting standards would constitute a "regulatory taking" under state and federal Constitutions, and
(2) The request results in a design that achieves the listed policies of the Lake Grove Village Center Plan in a manner that is better than what would result if the Lake Grove Village Center Overlay District standards were fully met. If applicable to the proposed development, the policies to be considered are:
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TABLE 50.08.006-1: GOALS CONSIDERED FOR ADJUSTMENT |
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Goal Title |
Policies |
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Enhance the Pedestrian Environment and Connectivity Within the Village Center |
3.1, 3.2, 3.3, 3.4 |
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Strengthen the Lake Grove Sense of Place and Community |
5.1, 5.4 |
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Enhance Village Character |
6.1, 6.2, 6.3, 6.4, 6.5 |
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Protect the Residential Character of Adjoining Neighborhoods |
7.1, 7.2 |
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Protect Natural Resources and Enhance the Natural Environment Within the Village Center |
8.1, 8.2, 8.4, 8.5, 8.6 |
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Support Businesses in the Village Center |
9.3, 9.4, 9.6 |
c. Reviewing Authority Consideration
When applying the above approval criteria, the reviewing authority shall consider the following:
i. To the extent practicable, standards for landscaping and buffering at the perimeter of a site and setback requirements adjacent to R-7.5 and R-10 zones shall have the highest priority for retention.
ii. Site planning standards for internal landscaping and other internal dimensional standards shall be considered for adjustment prior to any adjustment of perimeter landscaping and buffering standards.
iii. For a major adjustment, the thoroughness of alternative designs and overlay district code analysis presented. Priority consideration shall be given in the alternatives analysis to achieve designs which eliminate the need for major adjustment.
[Cross Reference: LOC 50.07.003.5, Conditions on Development, provides authority to require conditions to mitigate adverse impacts.]
(Ord. 2579, Repealed and Replaced, 03/20/2012)