Case Henry Minor, PLA Dalhoff, Thomas Design Studio. Vermillion Development. Request: Variance from Section

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Case 1996 Applicant: Owner: Henry Minor, PLA Dalhoff, Thomas Design Studio Vermillion Development Request: Variance from Section 126.

1 Case 1996 Applicant: Owner: Henry Minor, PLA Dalhoff, Thomas Design Studio Vermillion Development Request: Variance from Section Location: Zoning: Farm View Drive, Oxford Farms Development (RC) Multi-Unit Residential Zoning History: Case #1839b - Rezoned from (A) to (RC) - 8/19/2015 Surrounding Zoning and Uses: North: (GB) General Business Undeveloped acreage in Oxford Farms South: (RC) Multi-Unit Residential - Creekside Condominiums, Oxford Farms East: (PB) Professional Business - Medical Clinic under construction West: (RB) Two-Unit Residential undeveloped acreage in Oxford Farms Planner s Comments: The subject property is located on the north side of Farm View Drive in the Oxford Farms development and measures approximately acres. When the property was rezoned, a curve in the final road layout carved an additional of 0.17 acres from the (RB) Two-Unit Residential zoned property on the adjacent parcel to the west increasing the area of the subject property to acres. The parcel is within the Oxford Farms development and will have frontage on Farm View Drive a few hundred feet west of South Lamar Boulevard. There are 62 feet of grade change across this property. The elevation of the property peaks at 435 feet in the southwest corner, and falls to an elevation of 373 in the northeast corner. The average slope on this property is over 25%. The proposed retaining wall being request for the variance is located in the southwest corner of the site, where the elevation is highest on the property. Due to the 62 feet of grade change across this property and the developer s commitment to saving existing trees on site, there are many proposed retaining walls that must be built within this development, none of which exceed the maximum allowable height of 12 feet. However, in the front yard portion of the development in the southwest corner of the property, a 120 long section of proposed retaining wall ranges in height between 6 feet and 12 feet tall. This request is for a 10 foot variance. See the attached site plan and cross section for more information. The developer is proposing a series of retaining walls in this southwest corner of the property in order to save 7 existing significant and heritage trees totaling 146 inches. It should be noted this entire 120 long section of retaining wall in the front yard is facing toward the proposed multi-family buildings and will not be visible from the public right-of-way. 1

2 The applicant is proposing ant 120 long section of proposed retaining wall in the front yard, which varies from 2 8 taller than the 4 maximum height of a retaining wall, be allowed in the front yard area. This is shown in Site Cross Section A included in this submittal. In front of every portion of retaining wall on site over 6 in height, the developer shall plant evergreen shrubs at a minimum installation height of 4 and with a mature size capable of screening at least 75% of the retaining wall. The City of Oxford Tree Board at their September 3 rd supported the retaining wall variance to enable the preservation of trees. Please find Section below: [Retaining walls.] In all single-family residential districts, retaining walls shall not exceed six feet in height except when located in the front building setback then the height shall not exceed four feet. In all zoning districts other than single-family residential, retaining walls shall not exceed 12 feet in height except when located in the front building setback then the height shall not exceed four feet. Height shall be measured from finished ground to top of the wall. Parts of a wall below finished ground shall not be included in measurement of height. Distance between retaining walls shall be a minimum of ten feet. On a series of consecutive walls, slopes of finished ground between walls shall be a maximum of 4:1 (horizontal distance to vertical distance) and the ground area between the walls shall be planted with ground cover. In addition, an evergreen buffer shall be planted in front of any retaining wall over six feet tall so as to provide a 75 percent year round visual screening at maturity. The evergreen buffer shall consist of shrubs a minimum of four feet in height at planting. The Planning department supports the variance request. In allowing the retaining wall, very important trees will remain. The apartments do not need to be on a high hill looming over South Lamar but rather the reduction of the slope with installation of the walls and preservation of trees is needed to screen the massing of the apartment building. Without this variance out of scale development will occur. A variance from the terms of Section may be granted after demonstrating: a. That special conditions and circumstances exist, which are peculiar to the land, structure, or building involved and, which are not applicable to other lands, structures, or buildings in the same district; b. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; c. That the special conditions and circumstances do not result from the actions of the applicant; and d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district. 2

3 Recommendation: Staff recommends approval of this variance request with the following condition: 1. In front of every portion of retaining wall on site over 6 in height, the developer shall plant evergreen shrubs at a minimum installation height of 4 and with a mature size capable of screening at least 75% of the retaining wall. 3

6465 North Quail Hollow Road Suite 401 Memphis, Tennessee 38120 901.751.7911 720 North Lamar Blvd Suite A Oxford, Mississippi 38655 662.550.4454 dt-designstudio.com info@dt-designstudio.

5 6465 North Quail Hollow Road Suite 401 Memphis, Tennessee North Lamar Blvd Suite A Oxford, Mississippi dt-designstudio.com info@dt-designstudio.com September 21, 2015 RE: Variance Request from Land Development Code Article 2. Specific District Regulations Section 126 General District Regulations [Retaining Walls] Multi-Family Development (10.99 acres) on Farm View Drive in Oxford Farms Ms. Andrea Correll, Thank you for reviewing the following variance request from Land Development Code Article 2 Specific District Regulations Section 126 General District Regulations [Retaining Walls] to allow the subject multi-family development to have walls over 4 in height in the front yard in order to save 7 existing trees. Description of Property The subject 155 unit multi-family project is being proposed on a acre parcel, of which there are acres of RC zoned property and 0.17 acres of RB zoned property. The parcel is within the Oxford Farms development and will have frontage on Farm View Drive a few hundred feet west of South Lamar Boulevard. It is bordered to the east by Professional Business (PB) zoned property and to the north there is General Business (GB) zoned property. The Oxford Women s Clinic is currently being developed on a portion of the PB property to the east. Please see the enclosed vicinity map for more information. There is 62 feet of grade change across this property. The elevation of the property peaks at 435 in the southwest corner, and falls to an elevation of 373 in the northeast corner. The average slope on this property is over 25%. The proposed retaining wall we are seeking a variance for is located in the southwest corner of the site, where the elevation is highest on the property. Nature of Proposed Variance Per Land Development Code Article 2 Specific District Regulations Section 126 General District Regulations [Retaining Walls] the following requirements regarding retaining walls apply to this proposed development. In all single-family residential districts, retaining walls shall not exceed six feet in height except when located in the front building setback then the height shall not exceed four feet. In all zoning districts other than single-family residential, retaining walls shall not exceed 12 feet in height except when located in the front building setback then the height shall not exceed four feet. Height shall be measured from finished ground to top of wall. Parts of a wall below finished ground shall not be included in measurement of height. Distance between retaining walls shall be a minimum of ten feet. On a series of consecutive walls, slopes of finished ground between walls shall be a maximum of 4:1 (horizontal distance to vertical distance) and the ground area between the walls shall be planted with ground cover. In addition, an evergreen buffer shall be planted in front of any retaining wall over six feet tall so as to provide a 75 percent year round visual screening at maturity. The evergreen buffer shall consist of shrubs a minimum of four feet in height at planting. land planning landscape architecture parks + recreation

6 Due to the 62 feet of grade change across this property and the developer s commitment to saving existing trees on site, there are many proposed retaining walls that must be built within this development, none of which exceed the maximum allowable height of 12 feet. However, in the front yard portion of the development in the southwest corner of the property, a 120 long section of proposed retaining wall ranges in height between 6 feet and 12 feet tall. See the attached site plan and cross section for more information. The developer is proposing a series of retaining walls in this southwest corner of the property in order to save 7 existing significant and heritage trees totaling 146 inches. It should be noted this entire 120 long section of retaining wall in the front yard is facing toward the proposed multi-family buildings and will not be visible from the public right-of-way. This is shown in Site Cross Section A included in this submittal. In front of every portion of retaining wall on site over 6 in height, the developer shall plant evergreen shrubs at a minimum installation height of 4 and with a mature size capable of screening at least 75% of the retaining wall. Grounds Upon Which Variance is Requested The extensive amount of grade change, 62 feet across the site, makes it very difficult to save any existing trees without the use of 6 foot to 12 foot tall walls. The intent of the proposed retaining walls is simply to save trees, and the subject grove of existing trees just happens to be located in the front yard of the site. The developer doesn t have to build these walls in order for the adjacent parking lot and buildings to be constructed, but he has chosen to incur the associated expense in order to help preserve some of the existing tree canopy and decrease the required tree mitigation. If the exact requirements of this section of the Land Development Code were applied to the subject retaining walls, the developer would have no other choice but to remove these existing trees. We request that this subject 120 long section of proposed retaining wall in the front yard, which varies from 2 8 taller than the 4 maximum height of a retaining wall, be allowed in the front yard area. Thank you for your consideration of this variance request, and we look forward to discussing it with you at the November 9th Planning Commission Meeting. Sincerely, Henry Minor, PLA Dalhoff Thomas Design Studio Owner s Representative land planning landscape architecture parks + recreation

8 Farm View Drive Oxford, Mississippi Proposed Rezoning Plan 9

10 EXISTING TREES TO REMAIN STREET TREES 40' O.C. METAL FENCE RETAINING WALL TOW: 427 BOW: 415 RETAINING WALL TOW: 427 BOW: 423 FARM VIEW DRIVE EXISTING GRADES PRESERVED PARKING DRIVE AISLE PARKING LANDSCAPE LANDSCAPE SIDEWALK LANDSCAPE APARTMENT BUILDING SITE CROSS SECTION A OXFORD FARMS - MULTI FAMILY DEVELOPMENT M:\DT Job File\ Texla-Vermillion - Oxford Apt\Variance\Retaining Wall Section.dwg 2015, DALHOFF THOMAS design studio Oxford, Mississippi DALHOFF THOMAS D E S I G N S T U D I O 6465 North Quail Hollow Rd Suite 401 Memphis, Tennessee North Lamar Blvd Suite A Oxford, Mississippi dt-designstudio.com

11 Joseph M. Valerio, Architect MS LICENSE NO: 5103

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