Consideration and Action regarding requested Variances to Section 7.09, Subsection C.3.i. of the Subdivision Ordinance related to detention requirements in the proposed parking lot at the Southwest corner of Palomino Dr. and S. Saginaw Blvd. (a portion of Lot 4R, Block 16, Rancho North Unit 1)

Vaquero Palomino Partners, LP, the developer of Planet Fitness, has requested a variance to 7.09 subsection C.3.i. of the Subdivision Ordinance pertaining to detention requirements in parking lots.

The section reads as follows:

“Detention is allowed in parking lots. Detention in parking lots may not be deeper than six-inches in depth at any location. The exception to the six-inch depth is a nine-inch maximum in areas designated as truck parking only. Parking spaces inundated by detained storm water may not be counted toward required parking ratios for the development. Warning signs must be placed on the site designating that the area may be inundated in an extreme storm event.”

Planet Fitness is proposing to use an area for detention that will temporarily inundate sixty-three (63) parking spaces. The development requires eighty-four (84) spaces and Planet Fitness is providing eight-six (86) spaces in its site plan.

Of the sixty-three (63) spaces inundated, fifteen (15) spaces will be temporarily inundated by depths of between six inches and ten inches (see Exhibit on variance request letter).

The natural topography of the site prevents additional modifications to grade or the use of underground storage. In addition, the developer has an agreement with Vaquero Palomino Partners, LP for shared parking on adjacent properties to help mitigate parking need.

The Subdivision Ordinance requires the Planning and Zoning Commission consider the variance requests and render a recommendation to Council as described below:

“Sec. 1.11. - Variances.

A.  The planning and zoning commission may recommend and the city council may authorize, a variance from these subdivision regulations when, in its opinion, extraordinary hardship will result from requiring strict compliance.

B.  The planning and zoning commission shall not propose a variance unless there are special circumstances or conditions influencing the subdivision involved.

C.  In the recommendation of a variance, the planning and zoning commission shall set out the conditions that it finds necessary or advantageous to the public interest in proposing such variances that will not have the effect of nullifying the intent and purpose of these regulations.

D.  Financial hardship to the applicant shall not be deemed sufficient reason to constitute the recommendation of a variance.

E.   In granting a variance, the council shall prescribe only conditions that it deems necessary to 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 that all of the following conditions exist:

1.   That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of the land;

2.   That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;

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; and

4.   That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance.

F.   Such findings of the council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the council meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this ordinance so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.

G.  The planning and zoning commission, in the recommendation of a variance to the city council, shall submit to them a letter containing all the specific facts and pertinent data upon which such a variance has been based, and such documents shall be entered into the official minutes of the council meeting. The decision of the city council relating to the approval or disapproval of a variance shall be final.

The Planning and Zoning Commission (Commission) considered the request at its August 11, 2020 meeting. During deliberation the Commission reached the following conclusions:

1. The impacts of granting the variance would be contained within the site.
2. No surrounding properties would be detrimentally impacted by granting the variance.
3. The periods of inundation would be temporary and infrequent.
4. The detention would have zero impact on property downstream of the development as required by City Code.

The Commission voted unanimously to grant the variance with the additional requirement of limiting the eleven spaces that have inundation of between six and ten inches be restricted to truck parking only.

Staff recommends approval of the variance request.