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WRITER SQUARE OFFICE TOWER <br />1512 LARIMER STREET, SUITE 300 <br />DENVER, COLORADO 80202 <br />LIGHT, HARRINGTON & DAWES, P.C. <br />ATTORNEYS AT LAW <br />TO: <br />FROM: Sam Ligh <br />Melinda <br />DATE: <br />RE: <br />A. Relevant City Code Provisions <br />MEMORANDUM <br />Malcolm Fleming, City Manager <br />City of L n isville <br />January 22, 2010 <br />ham. <br />TEL. (303) 298 -1601 <br />FAX (303) 298 -1627 <br />Waivers of Yard and Bulk Requirements During the GDP <br />and PUD Approval Processes <br />This memo addresses whether the City Council may waive or modify the yard and bulk <br />requirements, including maximum building heights, set forth in the Louisville Municipal Code <br />( "City Code ") when it reviews a general development plan ( "GDP ") submitted as part of an <br />application for Planned Community Zone District ( "PCZD ") zoning, or whether waivers and <br />modifications may only be granted as part of the Planned Unit Development ( "PUD ") <br />development plan approval process. <br />For the reasons that follow, it is our opinion that under the City Code, City Council cannot waive <br />or modify the yard and bulk requirements during the GDP approval process, but it has the <br />authority to do so during the PUD development plan approval process. Further, City Council <br />may if desired amend the City Code regarding this point. We have set out at the end of this <br />memo options for the City to address the ConocoPhillips GDP, the initial application for which <br />states the maximum building height for the property shall be 95 feet. Our discussion of these <br />issues follows. <br />1. PCZD Code Provisions. Chapter 17.72 of the City Code sets forth the <br />requirements for PCZDs. An applicant requesting that property be zoned in a PCZD is required <br />to submit a GDP, which must be reviewed and acted on by the Planning Commission and City <br />Council at a public hearing.' City Code § 17.72.040. The GDP must contain the following <br />information: (A) the proposed use of the property; (B) the type or character of development and <br />the number of proposed dwelling units; (C) the proposed location of school sites, parks, open <br />1 <br />After the GDP is approved and recorded, development, construction, and use of the property within the PCZD <br />must be in compliance with the approved GDP. City Code § 17.72.160. <br />