HEARING ON AMENDMENT TO PLANNED UNIT DEVELOPMENT OVERLAY FOR SOUTH LINCOLN SUB-AREA MIXED USE DISTRICT (S-SMD) ZONING DISTRICT MAJOR SITE DEVELOPMENT PLAN FOR 322-410 JUNIPER STREET
JJR Holdings, LLC and SRM Holdings, LLC are requesting an amendment to the Planned Unit Development (PUD) with a Major Site Development Plan for South 4th Commons located at 322-410 Juniper Street. The PUD is 1.27 acres in size and includes 16 townhome residential dwelling units located on the south side of South 4th Street (See Attachment A for Location & Zoning Map).
The applicant’s request is to allow an amendment to the PUD's allowed deviations for rear setbacks to accommodate decks attached to the rear access of the townhomes along the south side of Juniper Street for Lots 9-16. The decks will replace patios that were originally part of the approved plan. The change is desired because of the steep grade change that limits patios.
The decks are eight feet in depth from the physical exit of the home to the far edge of the deck. The edge of the deck would be seven feet from the rear property line. The proposed Major Site Development Plan (MSDP) accompanying the PUD Amendment request will be the controlling plan for development of the site upon approval of the PUD (See Attachment B- Deck Layout).
The South 4th Commons PUD with the MSDP, Preliminary and Final Plat were approved in August 2025. This site is accessed via a private street, Juniper Street, aligned with Washington Avenue. The private street extends east-west serving the units for garage and driveway access (See Attachment C).
The PUD Overlay with the MDSP approval allowed for certain setback deviations in support of creating individual townhome units. Specifically for the subject lots along the south boundary of the site the rear setback was reduced to 15 feet from the standard 25-foot requirement. The reduced setback was approved because of the steep grade change that falls off to the south. The apartment buildings to the south are set below the South 4th Commons PUD project and away from the property line, allowing for a reduced setback.
Per City Zoning standards, a deck may only project eight feet into a rear setback, i.e. to 17 feet from the lot line. The approved house setback is already at 15 feet, which does not permit for decks to project into the setback. Therefore, the applicant is requesting an amendment to the PUD. The proposed deviation would allow for an eight-foot deep deck to extend into the rear yard with a minimum of a seven-foot setback from the rear property line where a deck would normally be required to be 17 feet from a rear property line.
If the subject site did not have a substantial grade change along the south property line, a deviation for reduced setbacks would not be permissible. In this case regarding topography, the PUD ordinance allows the Council to grant the requested deviation. The townhome wall would continue to be required to be at a 15-foot setback from the property line.
PUBLIC NOTICE:
The City provided courtesy mailed notice to all property owners within 400 feet of the subject property and placed a sign on the property, prior to the Planning and Zoning Commission meeting in accordance with the notification requirements of Chapter 29. Courtesy notice was also mailed prior to the City Council meeting to property owners within 400 feet. To date, no comments have been received.
PLANNING & ZONING COMMISSION:
At the August 26 Planning & Zoning Commission meeting the Commission reviewed the proposed amendment to the South Fourth Commons PUD with Major Site Development Plan. Staff explained the original approval and site conditions. The owners representative then spoke briefly about the preference for decks vs. patios. The Commission had no questions. The Planning & Zoning Commission voted 5-0 to recommend City Council approve the proposed amendment.
- Approve the amendment to the Planned Unit Development (PUD) with Major Site Development Plan at 322-410 Juniper Street to allow for an eight-foot deck encroachment into the rear setback for Lots 9-16 with no other changes to the approved Plans and deviations.
- Approve, with modifications or conditions, the Planned Unit Development (PUD) with Major Site Development Plan at 322-410 Juniper Street.
- Deny the amendment to the Planned Unit Development (PUD) with Major Site Development Plan at 322-410 Juniper Street.
- Defer action on this request and refer it back to City staff and/or the applicant for additional information.
Staff believes that the requested deviation for setback to construct walk-out decks on the rear side of the south row of units along Juniper Street are compatible with the surroundings of the area in order to allow a deviation from the normal rear setback under the PUD standards. Therefore, staff finds that the standards and findings of the Major Site Development Plan criteria are met.
The original justification of the topography of the site and the separation of the buildings from the adjacent apartment building to the south support the finding to allow for the deviation. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative No. 1, as described above.