11.A.
City Council Meeting - FINAL
- Meeting Date:
- 02/04/2025
- From:
- Ben Mejia, Planner
TITLE:
Public Hearing and Consideration of Zoning Code Variance PZ-23-00161-04: A request for a Zoning Code Variance from the wall plane massing requirements of 10-50.20.030.B.2: Architectural Standards – Building Massing, of the Zoning Code. This request is to increase the maximum horizontal wall plane from 75 feet to 133 feet. The subject property is located at 3773 N Kaspar Drive and is zoned Highway Commercial (HC).
STAFF RECOMMENDED ACTION:
Per Section 10-20.20.040.I. The City Council may act as the Board of Adjustment upon majority vote of the City Council when a quorum of the Board of Adjustment cannot be achieved due to absence or disqualification.
Staff recommends that the City Council:
- Make a motion to act as the Board of Adjustment, and
- Upon finding that the criteria required for granting of a variance have been met, approve the proposed variance for a 133-foot wall plane in accordance with the findings presented in this staff summary.
Executive Summary:
Staff could not obtain a quorum of the Board of Adjustment. Therefore, the City Council is sitting as the Board of Adjustment pursuant to Zoning Code Section 10-20.20.040(I).
The subject property (APNs: 113-22-001M and 113-22-001T) is a 6.75 acre development site located at 3773 N Kaspar Drive zoned Highway Commercial (HC). The northern parcel, 113-22-001T, is within the Resource Protection Overlay (RPO). Adjacent to the property to the north is the Mount Elden Foothills Townhome Lots Subdivision zoned Medium-Density Residential (MR) and a vacant parcel zoned High-Density Residential (HR). To the west of the site is a Super 8 hotel zoned HC, To the south of the site is a Pep Boys vehicle repair garage zoned HC. To the east of the site is Highway 89.
The site is currently operating as a passenger transportation facility for Mountain Line. This use requires a conditional use permit in the HC zone, which was granted in 2008. The applicant proposes remodeling and expansion of the passenger transportation facility, requiring the conditional use permit to be updated. The Architectural Design Standards apply to this project and to all projects that require a Conditional Use Permit. The design of the proposal incorporates a ramp on the south side of the proposed building to access rooftop parking spaces and utilizes space under the ramp for storage and workspaces.
The Architectural Design Standards stipulate that where a wall plane exceeds 75 feet in length, a jog of 20 percent of the height of the wall plane is required to divide the massing of buildings into elements no longer than 75 feet. The applicant has identified existing utilities and structural requirements for the construction of the ramp as challenges to conformity of this Code requirement.
The subject property (APNs: 113-22-001M and 113-22-001T) is a 6.75 acre development site located at 3773 N Kaspar Drive zoned Highway Commercial (HC). The northern parcel, 113-22-001T, is within the Resource Protection Overlay (RPO). Adjacent to the property to the north is the Mount Elden Foothills Townhome Lots Subdivision zoned Medium-Density Residential (MR) and a vacant parcel zoned High-Density Residential (HR). To the west of the site is a Super 8 hotel zoned HC, To the south of the site is a Pep Boys vehicle repair garage zoned HC. To the east of the site is Highway 89.
The site is currently operating as a passenger transportation facility for Mountain Line. This use requires a conditional use permit in the HC zone, which was granted in 2008. The applicant proposes remodeling and expansion of the passenger transportation facility, requiring the conditional use permit to be updated. The Architectural Design Standards apply to this project and to all projects that require a Conditional Use Permit. The design of the proposal incorporates a ramp on the south side of the proposed building to access rooftop parking spaces and utilizes space under the ramp for storage and workspaces.
The Architectural Design Standards stipulate that where a wall plane exceeds 75 feet in length, a jog of 20 percent of the height of the wall plane is required to divide the massing of buildings into elements no longer than 75 feet. The applicant has identified existing utilities and structural requirements for the construction of the ramp as challenges to conformity of this Code requirement.
Financial Impact:
The applicant is seeking a variance from the maximum horizontal wall plane length found in 10-50.20.030.B.2: Architectural Standards – Building Massing, of the Zoning Code to enable the construction of a ramp for rooftop parking access along a wall longer than would otherwise be allowed by the Zoning Code. The proposed development of a passenger transportation facility requires a Conditional Use Permit in the HC zone. Architectural Design Standards apply to any development that requires a Conditional Use Permit.
The proposed passenger transportation facility meets all required Architectural Design Standards except for the massing standards for horizontal wall planes on the southwestern building elevation which would be 133 feet instead of the Code maximum of 75 feet.
The proposed passenger transportation facility meets all required Architectural Design Standards except for the massing standards for horizontal wall planes on the southwestern building elevation which would be 133 feet instead of the Code maximum of 75 feet.
Policy Impact:
Pursuant to A.R.S. Section §9-462.06, the Board of Adjustment is authorized to consider and approve variances from the otherwise applicable provisions of the Zoning Code subject to specific standards or findings. Division 10-20.70 of the Zoning Code establishes the process for applying and the requirements to review and approve a variance application by the Board of Adjustment. The information to be considered by the Board in the approval or denial of a variance application is limited to four (4) criteria specified below. It should be noted that the Board of Adjustment may only consider and apply arguments pertaining to the findings.
A variance shall only be granted if the applicant demonstrates all of the following:
A. That, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of these regulations will deprive such property of privileges enjoyed by other property of the same classification in the same zone;
Staff Analysis:
The subject site is currently developed, with a proposal to redevelop for expansion of the existing use in two phases to minimize disruption to the site operations during construction. This site includes two parcels, the northern parcel is approximately 4.09 acres within the Resource Protection Overlay and is encumbered by an easement for E Linda Vista Drive to connect to N Kaspar Drive as well as an easement for the FUTS Trail. While these improvements have not been made and are not proposed with this development, the easements prevent full developability of the site. The southern parcel is not within the Resource Protection Overlay, while being the smaller of the two parcels at approximately 2.6 acres, it provides more flexibility in site planning.
B. That a grant of a variance will be subject to conditions to ensure that the adjustment authorized is the minimum variation needed and that it will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located;
Staff Analysis:
A grant of the variance would be subject to conditions limiting the length of the wall plane to 133 feet expressly to accommodate the length of the ramp where the maximum wall plane and articulation standards cannot be met. By granting a variance of the requested Architectural Design Standard, the proposal must adhere to all other standards and Code requirements and minimizes the potential impact to neighboring users.
C. The special circumstances applicable to the property are not self-imposed by any person having an interest in the property; and
Staff Analysis:
The special circumstances of the property are not self-imposed as the applicant has chosen to demonstrate compliance with other aspects of the City’s Zoning Code while redeveloping the site to expand upon the existing use and maintain site operations. The design of the proposed building has taken the placement of the existing building into account while meeting the future needs of the applicant.
D. The variance will not allow the establishment of a use which: (1) is not otherwise permitted in the zone, (2) would result in the extension of a nonconforming use or structure, or (3) would change the terms of the zone of any or all of the subject property.
Staff Analysis:
The approval of a variance will not establish a use on the property that is not otherwise permitted, would not result in the extension of a nonconforming use or structure, nor would it change the terms of the zone of any or all of the subject property. The use is currently permitted with a Conditional Use Permit and the applicant will still need to obtain a new Conditional Use Permit for the proposed expansion. The variance itself will not allow the use without also obtaining a Conditional Use Permit.
A variance shall only be granted if the applicant demonstrates all of the following:
A. That, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of these regulations will deprive such property of privileges enjoyed by other property of the same classification in the same zone;
Staff Analysis:
The subject site is currently developed, with a proposal to redevelop for expansion of the existing use in two phases to minimize disruption to the site operations during construction. This site includes two parcels, the northern parcel is approximately 4.09 acres within the Resource Protection Overlay and is encumbered by an easement for E Linda Vista Drive to connect to N Kaspar Drive as well as an easement for the FUTS Trail. While these improvements have not been made and are not proposed with this development, the easements prevent full developability of the site. The southern parcel is not within the Resource Protection Overlay, while being the smaller of the two parcels at approximately 2.6 acres, it provides more flexibility in site planning.
As part of their analysis, the applicant has explained that the space requirements for busses and maneuverability are substantial. Staff acknowledges that the spatial needs of a bus are greater than that of a conventional vehicle and the parcels may be considered small when factoring in the spatial demands of bus service.
The proposed development will require more parking than is currently on-site. Due to the constraints of the parcel's shape, increasing surface parking is not possible. To account for the parking required by Code and to meet applicant needs, the applicant has proposed rooftop parking. To allow for continued operations of the site, the placement of the proposed structure is located adjacent to existing utilities that prevent outward jogging of the wall plane.
B. That a grant of a variance will be subject to conditions to ensure that the adjustment authorized is the minimum variation needed and that it will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located;
Staff Analysis:
A grant of the variance would be subject to conditions limiting the length of the wall plane to 133 feet expressly to accommodate the length of the ramp where the maximum wall plane and articulation standards cannot be met. By granting a variance of the requested Architectural Design Standard, the proposal must adhere to all other standards and Code requirements and minimizes the potential impact to neighboring users.
C. The special circumstances applicable to the property are not self-imposed by any person having an interest in the property; and
Staff Analysis:
The special circumstances of the property are not self-imposed as the applicant has chosen to demonstrate compliance with other aspects of the City’s Zoning Code while redeveloping the site to expand upon the existing use and maintain site operations. The design of the proposed building has taken the placement of the existing building into account while meeting the future needs of the applicant.
D. The variance will not allow the establishment of a use which: (1) is not otherwise permitted in the zone, (2) would result in the extension of a nonconforming use or structure, or (3) would change the terms of the zone of any or all of the subject property.
Staff Analysis:
The approval of a variance will not establish a use on the property that is not otherwise permitted, would not result in the extension of a nonconforming use or structure, nor would it change the terms of the zone of any or all of the subject property. The use is currently permitted with a Conditional Use Permit and the applicant will still need to obtain a new Conditional Use Permit for the proposed expansion. The variance itself will not allow the use without also obtaining a Conditional Use Permit.
Previous Council Decision or Community Discussion:
The applicant has provided notice by mail of the Board of Adjustment hearing for this application to the property owners within 825 feet of the subject property and has placed a sign on the property. The notice and sign contain the date, time, and place of the hearing.
As of the date of this report, staff has received no comments from the public regarding this request.
As of the date of this report, staff has received no comments from the public regarding this request.
Options and Alternatives to Recommended Action:
Staff recommends that the City Council sitting as the Board of Adjustment finds that the criteria required for granting of a variance have been met, and approve the variance application subject to the following conditions:
- The subject property shall be developed in accordance with the 133-foot horizontal wall plane set forth in the site plan provided by the applicant.
Connection to PBB Priorities and Objectives:
Sustainable and Innovative Infrastructure - Provide, manage, and maintain effective infrastructure for multimodal and active transportation
Connection to Regional Plan:
None
Connection to Carbon Neutrality Plan:
DD-3 - Encourage Flagstaff residents and visitors to walk, bike, roll and take the bus.
Connection to 10-Year Housing Plan:
None
Attachments
- Application
- Narrative
- Context Photos
- Floor Plan
- Elevations
- Proposed Site Plan
- Presentation
- Public Comment