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2015-26ORDINANCE NO. 2015-26 AN ORDINANCE AMENDING CHAPTER 110, ARTICLE X, SECTION 110-671,673 AND 680 TO ALLOW SPECIAL EXCEPTIONS IN THE RESIDENTIAL PLANNED DEVELOPMENT DISTRICT. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article X, of the Code of the City of Fairfax, is hereby amended as follows: Sec. 110-671. Permitted uses—By right. The following uses are permitted by right in the RPD residential planned development district subject to the review and approval specified in this article: (1) By right uses permitted in the R-3 residential district; (2) Single-family attached dwellings, provided that each building group shall contain no more than fouf--41MgM such dwellings; (3) Rental or leasing of residential dwellings for occupancy by persons who are not the owners, provided that the property owner shall have obtained a certificate of occupancy for rental use from the zoning administrator pursuant to section 110-367: (4) Home telecommuting. Sec. 110-672. - Same—With special use permit. The following uses may be permitted in RPD residential planned development district with a special use permit as provided in article II, division 13 of this chapter: 1 Uses permitted by special use permit in the R-3 residential district; 2Multifamily dwellings: "I's 1 t 6-t is)•!_. - Sec. 110-673. Bulk and lot area requirements. Bulk and lot area requirements in the RPD residential planned development district shall be as follows: (1) Area. No minimum tract area is specified, subject to the application of the standards set forth in section 110-675 (2) Setbacks. An open space area at least 25 feet in width shall be provided around the perimeter of each RPD develepmen.t. district. Setbacks for individual lots within the development shall be determined in accordance with the standards established in section 110-675; provided, however, that each lot within the development shall have a minimum front yard of 20 feet and a minimum rear yard of 20 feet, unless modified through the application of section 110-678 (3) Height. The height of structures shall be compatible with adjacent developments and consistent with the character of the general area, but shall not exceed three stories or 35 feet. (4) Coverage. The maximum permitted coverage by all impervious surfaces shall be 50 percent of the gross tract area. Area used for swimming pools, bathhouses, tennis courts and other hard -surfaced outdoor recreational space, to the extent that is does not exceed five percent of the gross tract area, shall not be calculated as covered area. Within the development, a contiguous common or public open space area shall be provided consisting of at least ten percent of the gross tract area. (5) Density. The maximum permitted density shall be as indicated on the city's future land use map in conjunction with the application of criteria contained in the comprehensive plan. 1111111111 01170M MRIVINMIT-3 000 0two- �� • •� 1. •_• A , ._� __�� ._� • • ••� �. NINE 11. _ __ • _ 1 • • " • I_I. 1_ • _I_ _ 1 • • demonstrated 1 beQause of h . topo=hy • - the land, design of building, location of the building on the lot, perimeter screening, nature oUk uses for which the building is designed, ann"r other -factors, the modification • _ the requirementsof 1 _ • _I. - i .. - : MW1 " ff11 • . - • l f 1 1 I_I_ " 1_ • _ 1_ _ . • 1 _I1_ . • a!!1_ l• !� 1 11•� IM�1 • • •: l� _ administrator is authorized to permit thQ location of attached decks, porchgs and patios t1_! intrude ! 1 • the reguired minimum ! _ and setbacks within • - 1portions of this district, providQd that: - 1_ 1 1 1 - K • / 1 1_ ! _L ' . 1 1 ! • • 1'26301101.! 1-11 1 1- • am • 1 " ! 1 1 ! _I 1_ ! • 1!_ 1 1 • W. ! • 1. 1 • _ 1_ " _ • • _ 1 _I • MUBJU�BILQJ" -1 �' 1.111_'• K i__' _ 1.!_ �" 1-I�J 1.1 �� • �!-1 i•1 ._4 provegCy-line.-This provision is applicable only if such rear property lin" contiguous to common open space within the alanned development, FQL111t 1 _-• 1 • _ • - this section,• _11__11. • 1 open ) ! ! ! not include n • • proposed streets, or reQuired oven space areas that are located al perimeter of the i2lanned develoipm= 1 The • • 1 • _ 1 Am= shall • - 1 nnit ! w -closer than one footfrom 1 • - IMMOT.19107KART.C.no Me 11 -ROM IT 11, lut,11 11191."'11,1111111 TOM -11M61k after determininia that the awlication mpets--�c Aeria contained in--sectio-F, 1 •• Sec. 110-674. - Procedures. (a) Preliminary submission. A potential applicant who wishes to apply for change of zoning of property to the RPD district may, in advance of filing an official application, submit a conceptual plan to the director of community development and planning (the director) and request a hearing before a joint public meeting of the city council and the planning commission for the purpose of guidance and comment concerning proposed development. No official action or commitments shall be made by either the planning commission or the city council at such meeting. (b) Official submission. In addition to the general filing requirements for all applications for change of zoning, the applicant shall submit the following: (1) General development plan. The general development plan shall indicate the following: a. Total site area. b. Proposed land use in each of the following categories: detached single- family residential, attached single-family residential, open space and other uses. c. Proposed lot arrangements, building locations, uses, setbacks, building heights, gross density and number of dwelling units. d. Proposed schedule of development. e. Proposed site coverage by impervious surfaces. f. Proposed number of parking spaces and the location and dimensions of all parking areas. g. Proposed methods of landscaping and screening. h. Proposed methods of internal circulation, ingress and egress and vehicle trip generation estimates. i. Existing topography at five-foot minimum contour intervals. j. Proposed improvements within adjacent public rights-of-way. k. Proposed locations and dimensions of pedestrian walkways and bicycle trails. 1. Proposed location and area of common and public open spaces. (2) Covenants. The developer shall provide for and establish an organization or other legal entity for the perpetual ownership and maintenance of any common open space and other uncovered areas designated on the general development plan, including pedestrian ways, play lots, swimming pools, bathhouses, tennis courts, parking lots and roads. Such organization shall be created by covenants running with the land, and such covenants shall be submitted as an attachment to the rezoning application and shall be subject to approval by the city attorney and the city council. (3) Additional information. In addition to the information required above, the applicant shall submit a study of the anticipated revenues to the city, the cost to the city to maintain and serve the proposed development, and other pertinent information pertaining to the economic feasibility of the proposed development. Such study shall be consistent with the format provided by the director. �� , • . �_� 11 1-1 ._om ..'. �M Mar MO. Pei MOVITIMMK"Al _01M) -IIKIJ Q Mi M (c) Review and approval of general development plan. Upon determination by the director that the content of the general development plan is complete in accordance with the above requirements, the plan and application shall be evaluated by the city staff and submitted to the planning commission with its comments and recommendations. The planning commission shall promptly consider the general development plan and the rezoning application and hold a public hearing thereon in accordance with the standards set forth in this article and in accordance with the provisions contained in the Code of Virginia. Within 90 days of receipt by the planning commission of the general development plan and application for rezoning, the planning commission shall transmit the plan and application to the city council with a recommendation for approval, approval with modification or disapproval of such plan. The city council shall consider the general development plan and application for rezoning and hold a public hearing thereon in accordance with the standards set forth in this article and in accordance with the provisions contained in the Code of Virginia. The city council shall approve, approve with modifications or disapprove the general development plan and application for rezoning within 30 days after a public hearing thereon, upon determination that such plan complies with the standards set forth in this article. In approving a plan, the city council may establish conditions or require modifications to ensure compliance with such standards, and may further waive or modify subdivision requirements otherwise applicable to the development when such waiver or modification is not in conflict with such standards. If a general development plan is disapproved by the city council, the application for rezoning shall be deemed to be denied. If a general development plan is approved with modifications, the city council may continue the public hearing on the rezoning application to a date certain to permit the applicant to amend the general development plan in accordance with such modifications. (d) Procedure for final site plans. Approval of the application for rezoning and general development plan shall constitute authority for the applicant to prepare final site plans in accordance with the standards established below and in conformity with the approved general development plan. Approval of such final site plans shall be in accordance with article II, division 4 of this chapter (site plans), except as follows: (1) Separate final site plans shall be submitted for each development stage or unit as set forth on the approved general development plan. (2) A final site plan for a particular development stage or unit other than the first shall not be approved until the final site plan has been approved for the immediately preceding stage or unit. (3) Minor deviations from the general development plan shall be permitted in the final site plan if the director determines that such deviations are necessary due to requirements of topography, drainage, structural safety or vehicular circulation, and such deviations will not materially alter the character of the approved general development plan. In no case shall such deviations include the elimination of any building shown or the addition of any building not shown on the approved general development plan. Neither shall such deviations increase the density or alter the height or setback limitations. Any changes not authorized by this subsection shall require resubmission of the general development plan in accordance with the procedures contained in this article. (4) If a final site plan is not approved within 18 months from the date of approval of the general development plan, approval of the general development plan and consequent authority to submit a final site plan shall terminate, and development shall require resubmission of a general development plan in accordance with the procedures contained in this article. Sec. 110-675. - Standards. The following standards shall be applied in the evaluation of the rezoning application and general development plan in the RPD residential planned development district: (1) The development shall afford adequate protection to adjacent and surrounding properties, provide harmonious internal development, provide safe and efficient internal circulation and ingress and egress, shall be designed so that development will not adversely affect the health, safety or general welfare of persons residing or working in the proximity. In addition, the development shall not be detrimental to the public welfare or injurious to property or improvements in the neighborhood, and shall be in accord with the purposes of this chapter and the comprehensive plan. (2) The area included within any single RPD district shall be sufficient in size to justify planned development of the entire area as a unit in furtherance of the purposes of this chapter. The minimum area required may vary from case to case in order to ensure compliance with these standards and to promote the objectives of this chapter. (3) The permitted height of buildings, required setbacks from property lines and required distances between structures within the RPD development shall be determined in the context of the general development plan as a whole, adjacent buildings and uses, the guidance provided by the comprehensive plan and the standards contained in this article. The maximum heights permitted and the minimum setbacks required may vary from case to case in order to ensure compliance with these standards and to promote the objectives of this chapter. (4) Fences, walls or vegetative screening shall be provided at the perimeter of RPD developments where necessary to screen improvements, glare, uses or other influences which may have an adverse impact either on the proposed development or on adjacent property. (5) Principal vehicular access to RPD development shall be from streets capable of supporting the traffic that will be generated by the planned development. Access points shall be designed to provide efficient traffic flow with controlled turning movements and minimize hazard to vehicular and pedestrian traffic. Merging and turnout lanes and traffic dividers shall be provided where existing and anticipated heavy flows of traffic indicate such need. (6) Pedestrian access shall be arranged to provide safe and convenient routes to and from the planned development. Pedestrian access routes within the development need not be located adjacent to or in the vicinity of vehicular access routes. (7) On-site paths shall be provided in accord with the city's existing and proposed bikeway and pedestrian systems. (8) Vehicular and pedestrian traffic visibility shall be preserved so that no impediment or visibility between 2% and seven feet above centerline grades shall exist at the intersection of any street within a planned development or at its perimeter, within the triangle beginning at the intersection of right-of-way edges (projected if round corners exist), thence 50 feet along such edges, then along the line connecting those two points. Sec. 110-676. - Subdivision. Nothing in this article shall prohibit the subdivision of land within an RPD district for purpose of sale; provided, however, that any owner proposing to subdivide property wholly or partly within an RPD district shall produce satisfactory evidence that such subdivision will not violate any of the standards contained in this chapter. Requirements pertaining to the submittal and approval of preliminary subdivision plats are hereby waived, provided that the final subdivision plats are consistent with the approved general development plan. Covenant documents ensuring the continued common use of all common areas identified on the general development plan shall be approved by the city attorney and recorded among the land records of the county at the time the approved final subdivision plat is recorded. Sec. 110-677. - Improvements. All uses permitted in the RPD residential planned development district are subject to the installation of curbs, gutters, storm drainage structures, sidewalks, entrances and exists, and approval thereof by the director of public works. Sec. 110-678. -Variance. Where by reason of exceptional shape or area, exceptional topographic conditions, conditions created by a condemnation, or other extraordinary or exceptional situation or condition, where the application of any requirement of this chapter would result in peculiar and exceptional practical difficulty or hardship upon the developer or owner of property in the RPD residential planned development district, the planning commission may recommend and the city council shall have the power to grant a variance from any requirements of this chapter to relieve such difficulties or hardships, provided such relief can be granted without substantially impairing the intent and purpose of this chapter. The board of zoning appeals shall have no authority to vary the provisions of this chapter as they relate to the RPD district. Sec. 110-679. - Amendments to final site plan. (a) An amendment to the approved final site plan may be permitted by the city council upon application submitted by the owner or contract owner of the lot to which the amendment is applicable. Such amendment shall not materially alter the final site plan, eliminate any building shown on the approved final site plan, add any building not shown on the approved final site plan, increase the density, alter the height or setback limitations, be contrary to the public interest, impair the intent or purpose of this chapter or have a significant adverse affect on any property adjacent to the lot to which the amendment is applicable. (b) An application for such an amendment shall be submitted to the director and heard by the city council at a public hearing. The hearing shall be advertised and the lot posted in the same manner as a rezoning application. IA Aye i N Aye Councilmember Loftus Aye E9 MVP Nay • • • Councilmember Schmidt Aye Secs. 110-681-110-700. - Reserved. This ordinance shall be effective as provided by law. City Council hearing: May 26, 2015 Adopted: May 26, 2015 This ordinance shall become effective as provided by law. ATTEST: City Clerk Votes Councilman DeMarco Aye i N Aye Councilmember Loftus Aye Secs. 110-681-110-700. - Reserved. This ordinance shall be effective as provided by law. City Council hearing: May 26, 2015 Adopted: May 26, 2015 This ordinance shall become effective as provided by law. ATTEST: City Clerk Votes Councilman DeMarco Aye Councilman Greenfield Aye Councilmember Loftus Aye Y. bil• Nay • Secs. 110-681-110-700. - Reserved. This ordinance shall be effective as provided by law. City Council hearing: May 26, 2015 Adopted: May 26, 2015 This ordinance shall become effective as provided by law. ATTEST: City Clerk Votes Councilman DeMarco Aye Councilman Greenfield Aye Councilmember Loftus Aye Councilman Meyer Nay Councilmember Miller Aye Councilmember Schmidt Aye i—' Mayor Z= Date ORDINANCE NO.2014� Z(o AN ORDINANCE AMENDING CHAPTER 110, ARTICLE X, SECTION 110-671,673 AND 680 TO ALLOW SPECIAL EXCEPTIONS IN THE RESIDENTIAL PLANNED DEVELOPMENT DISTRICT. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article X, of the Code of the City of Fairfax, is hereby amended as follows: Sec. 110-671. Permitted uses—By right. The following uses are permitted by right in the RPD residential planned development district subject to the review and approval specified in this article: (1) By right uses permitted in the R-3 residential district; (2) Single-family attached dwellings, provided that each building group shall contain no more than fouf-MiReM such dwellings; (3) Rental or leasing of residential dwellings for occupancy by persons who are not the owners, provided that the property owner shall have obtained a certificate of occupancy for rental use from the zoning administrator pursuant to section 110-367; (4) Home telecommuting. • Sec. 110-672. - Same—With special use permit. The following uses may be permitted in RPD residential planned development district with a special use permit as provided in article II, division 13 of this chapter: W1 Uses permitted by special use permit in the R-3 residential district; (M Retirement homes rnl W. „ Sec. 110-673. Bulk and lot area requirements. Bulk and lot area requirements in the RPD residential planned development district shall be as follows: (1) Area. No minimum tract area is specified, subject to the application of the standards set forth in section 110-675 (2) Setbacks. An open space area at least 25 feet in width shall be provided around the perimeter of each RPD develep district. Setbacks for individual lots within the development shall be determined in accordance with the standards established in section 110-675; provided, however, that each lot within the development shall have a minimum front yard of 20 feet and a minimum rear yard of 20 feet, unless modified through the application of section 110-678 (3) Height. The height of structures shall be compatible with adjacent developments and consistent with the character of the general area, but shall not exceed three stories or 35 feet. (4) Coverage. The maximum permitted coverage by all impervious surfaces shall be 50 percent of the gross tract area. Area used for swimming pools, bathhouses, tennis courts and other hard -surfaced outdoor recreational space, to the extent that is does not exceed five percent of the gross tract area, shall not be calculated as covered area. Within the development, a contiguous common or public open space area shall be provided consisting of at least ten percent of the gross tract area. (5) Density. The maximum permitted density shall be as indicated on the city's future land use map in conjunction with the application of criteria contained in the comprehensive plan. ! 1 1 1 �, 1 y►I i s 11 �, 1 1 :� i I 1 i 1 I I' f 11 1 f 1 A ' 1 iM I. :.I. 1_ t 1 I/ 1 ' 1 I 1 11 y f 1 'Il.;, 1 11 1 1° • 1 I1rrl I_ by theal2gUcable homeowners'-assQciation- C. The iaroi2osed structure sbjiUb-C Dermitte 1 1 1 closer than five feetgi 1 11 1 1 1 1 ,, I I ! 1► 1 1 I r ! 1 1 I f 1 1 r, I' I" 1 1 1 1 1 1 1 1 1 f l t f y I t 11 1 1 • 1 f f l r! I 1 1 I. of I all FM I 1 Wl 1 I f 11 1. 1 U I 1 1 11 1 I f I t i l V 1 1 1 f 11 1 1 11. Y 1 /. 1. 1 1 1 1' f 11 I F 1 7pj� f • 1 1 1 1 ► 1 1 I I 1 �, IF 1 1 1 10 1l1 IIII 'livilliI: I' 1 1 1, I 1 I II 17%lo • Sec. 110-674. - Procedures. (a) Preliminary submission. A potential applicant who wishes to apply for change of zoning of property to the RPD district may, in advance of filing an official application, submit a conceptual plan to the director of community development and planning (the director) and request a hearing before a joint public meeting of the city council and the planning commission for the purpose of guidance and comment concerning proposed development. No official action or commitments shall be made by either the planning commission or the city council at such meeting. (b) Official submission. In addition to the general filing requirements for all applications for change of zoning, the applicant shall submit the following: (1) General development plan. The general development plan shall indicate the following: a. Total site area. b. Proposed land use in each of the following categories: detached single-family residential, attached single-family residential, open space and other uses. c. Proposed lot arrangements, building locations, uses, setbacks, building heights, gross density and number of dwelling units. d. Proposed schedule of development. e. Proposed site coverage by impervious surfaces. f. Proposed number of parking spaces and the location and dimensions of all parking areas. g. Proposed methods of landscaping and screening. h. Proposed methods of internal circulation, ingress and egress and vehicle trip generation estimates. i. Existing topography at five-foot minimum contour intervals. j. Proposed improvements within adjacent public rights-of-way. k. Proposed locations and dimensions of pedestrian walkways and bicycle trails. 1. Proposed location and area of common and public open spaces. (2) Covenants. The developer shall provide for and establish an organization or other legal entity for the perpetual ownership and maintenance of any common open space and other uncovered areas designated on the general development plan, including pedestrian ways, play lots, swimming pools, bathhouses, tennis courts, parking lots and roads. Such organization shall be created by covenants running with the land, and such covenants shall be submitted as an attachment to the rezoning application and shall be subject to approval by the city attorney and the city council. (3) Additional information. In addition to the information required above, the applicant shall submit a study of the anticipated revenues to the city, the cost to the city to maintain and serve the proposed development, and other pertinent information pertaining to the economic feasibility of the proposed development. Such study shall be consistent with the format provided by the director. (c) Review and approval of general development plan. Upon determination by the director that the content of the general development plan is complete in accordance with the above requirements, the plan and application shall be evaluated by the city staff and submitted to the planning commission with its comments and recommendations. The planning commission shall promptly consider the general development plan and the rezoning application and hold a public hearing thereon in accordance with the standards set forth in this article and in accordance with the provisions contained in the Code of Virginia. Within 90 days of receipt by the planning commission of the general development plan and application for rezoning, the planning commission shall transmit the plan and application to the city council with a recommendation for approval, approval with modification or disapproval of such plan. The city council shall consider the general development plan and application for rezoning and hold a public hearing thereon in accordance with the standards set forth in this article and in accordance with the provisions contained in the Code of Virginia. The city council shall approve, approve with modifications or disapprove the general development plan and application for rezoning within 30 days after a public hearing thereon, upon determination that such plan complies with the standards set forth in this article. In approving a plan, the city council may establish conditions or require modifications to ensure compliance with such standards, and may further waive or modify subdivision requirements otherwise applicable to the development when such waiver or modification is not in conflict with such standards. If a general development plan is disapproved by the city council, the application for rezoning shall be deemed to be denied. If a general development plan is approved with modifications, the city council may continue the public hearing on the rezoning application to a date certain to permit the applicant to amend the general development plan in accordance with such modifications. (d) Procedure for final site plans. Approval of the application for rezoning and general development plan shall constitute authority for the applicant to prepare final site plans in accordance with the standards established below and in conformity with the approved general development plan. Approval of such final site plans shall be in accordance with article II, division 4 of this chapter (site plans), except as follows: (1) Separate final site plans shall be submitted for each development stage or unit as set forth on the approved general development plan. (2) A final site plan for a particular development stage or unit other than the first shall not be approved until the final site plan has been approved for the immediately preceding stage or unit. (3) Minor deviations from the general development plan shall be permitted in the final site plan if the director determines that such deviations are necessary due to requirements of topography, drainage, structural safety or vehicular circulation, and such deviations will not materially alter the character of the approved general development plan. In no case shall such deviations include the elimination of any building shown or the addition of any building not shown on the approved general development plan. Neither shall such deviations increase the density or alter the height or setback limitations. Any changes not authorized by this subsection shall require resubmission of the general development plan in accordance with the procedures contained in this article. (4) If a final site plan is not approved within 18 months from the date of approval of the general development plan, approval of the general development plan and consequent authority to submit a final site plan shall terminate, and development shall require resubmission of a general development plan in accordance with the procedures contained in this article. • Sec. 110-675. - Standards. The following standards shall be applied in the evaluation of the rezoning application and general development plan in the RPD residential planned development district: (1) The development shall afford adequate protection to adjacent and surrounding properties, provide harmonious internal development, provide safe and efficient internal circulation and ingress and egress, shall be designed so that development will not adversely affect the health, safety or general welfare of persons residing or working in the proximity. In addition, the development shall not be detrimental to the public welfare or injurious to property or improvements in the neighborhood, and shall be in accord with the purposes of this chapter and the comprehensive plan. (2) The area included within any single RPD district shall be sufficient in size to justify planned development of the entire area as a unit in furtherance of the purposes of this chapter. The minimum area required may vary from case to case in order to ensure compliance with these standards and to promote the objectives of this chapter. (3) The permitted height of buildings, required setbacks from property lines and required distances between structures within the RPD development shall be determined in the context of the general development plan as a whole, adjacent buildings and uses, the guidance provided by the comprehensive plan and the standards contained in this article. The maximum heights permitted and the minimum setbacks required may vary from case to case in order to ensure compliance with these standards and to promote the objectives of this chapter. (4) Fences, walls or vegetative screening shall be provided at the perimeter of RPD developments where necessary to screen improvements, glare, uses or other influences which may have an adverse impact either on the proposed development or on adjacent property. (5) Principal vehicular access to RPD development shall be from streets capable of supporting the traffic that will be generated by the planned development. Access points shall be designed to provide efficient traffic flow with controlled turning movements and minimize hazard to vehicular and pedestrian traffic. Merging and turnout lanes and traffic dividers shall be provided where existing and anticipated heavy flows of traffic indicate such need. (6) Pedestrian access shall be arranged to provide safe and convenient routes to and from the planned development. Pedestrian access routes within the development need not be located adjacent to or in the vicinity of vehicular access routes. (7) On-site paths shall be provided in accord with the city's existing and proposed bikeway and pedestrian systems. (8) Vehicular and pedestrian traffic visibility shall be preserved so that no impediment or visibility between 2'/z and seven feet above centerline grades shall exist at the intersection of any street within a planned development or at its perimeter, within the triangle beginning at the intersection of right-of-way edges (projected if round corners exist), thence 50 feet along such edges, then along the line connecting those two points. • Sec. 110-676. - Subdivision. Nothing in this article shall prohibit the subdivision of land within an RPD district for purpose of sale; provided, however, that any owner proposing to subdivide property wholly or partly within an RPD district shall produce satisfactory evidence that such subdivision will not violate any of the standards contained in this chapter. Requirements pertaining to the submittal and approval of preliminary subdivision plats are hereby waived, provided that the final subdivision plats are consistent with the approved general development plan. Covenant documents ensuring the continued common use of all common areas identified on the general development plan shall be approved by the city attorney and recorded among the land records of the county at the time the approved final subdivision plat is recorded. • Sec. 110-677. - Improvements. All uses permitted in the RPD residential planned development district are subject to the installation of curbs, gutters, storm drainage structures, sidewalks, entrances and exists, and approval thereof by the director of public works. • Sec. 110-678. -Variance. Where by reason of exceptional shape or area, exceptional topographic conditions, conditions created by a condemnation, or other extraordinary or exceptional situation or condition, where the application of any requirement of this chapter would result in peculiar and exceptional practical difficulty or hardship upon the developer or owner of property in the RPD residential planned development district, the planning commission may recommend and the city council shall have the power to grant a variance from any requirements of this chapter to relieve such difficulties or hardships, provided such relief can be granted without substantially impairing the intent and purpose of this chapter. The board of zoning appeals shall have no authority to vary the provisions of this chapter as they relate to the RPD district. • Sec. 110-679. -Amendments to final site plan. (a) An amendment to the approved final site plan may be permitted by the city council upon application submitted by the owner or contract owner of the lot to which the amendment is applicable. Such amendment shall not materially alter the final site plan, eliminate any building shown on the approved final site plan, add any building not shown on the approved final site plan, increase the density, alter the height or setback limitations, be contrary to the public interest, impair the intent or purpose of this chapter or have a significant adverse affect on any property adjacent to the lot to which the amendment is applicable. (b) An application for such an amendment shall be submitted to the director and heard by the city council at a public hearing. The hearing shall be advertised and the lot posted in the same manner as a rezoning application. Secs. 110-681-110-700. -Reserved. Y. Y. Y. Y. ON Y. Y. Secs. 110-681-110-700. -Reserved. This ordinance shall be effective as provided by law. Planning Commission hearing: April 13, 2015 City Council hearing: Adopted: May 26, 2015 May 26, 2015 Mayor Z L-2 - o�S Dat ATTEST: Vote Councilmember DeMarco Councilmember Greenfield Councilmember Loftus Councilmembex Meyer Councilmember Miller Councilmembex Schmidt