ConocoPhillips Correspondence (yard & bulk)_02 25 2010 Planning Commission Packet

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Malcolm Fleming, City Manager January 22, 2010 Page 2 of 4 LIGHT, HARRINGTON & DAWES, P.C. spaces, recreational facilities and other public and quasi - public facilities; and (D) the proposed location of all streets. Id, at § 17.72.030. In addition, Section 17.72.190 of the City Code also provides that the "[y]ard and bulk requirements under a [PCZD] shall be specified on the [GDP] filed for the different areas of the district. Such yard and bulk requirements shall be in general conformance with the yard and bulk requirements set forth in chapter 17.12 of this Code." Id. at § 17.72.190 (Emphasis added). For PCZDs with commercial and office uses, the "[y]ard and bulk requirements set forth in the [GDP] shall be in general conformance" with the requirements for the C -N, C -B, C -C, and 0 Zones. Id. The maximum principal building heights' in these zone districts are: 35 feet in the C -N, C -B, and C -C districts; 25 feet in the A -O district; and 40 feet in the B-0 district (see footnote 2). Id. at § 17.12.040. Section 17.72.190 makes no reference to the maximum building height requirements for commercial buildings (35 feet) set forth in the City's Commercial Development Design Standards and Guidelines ( "CDDSG "). Furthermore, nothing in Chapter 17.72 specifically allows the City Council to waive or modify yard and bulk requirements during its review of the GDP. 2. PUD Code Provisions. For property within a PCZD, an applicant can request a PUD overlay in accordance with the requirements set forth in Chapter 17.28 of the City Code. For example, a PUD -C overlay can be approved for property zoned PCZD -C. Id. at § 17.28.030.2. As part of the PUD application process, an applicant is required to submit a preliminary development plan ( "PDP ") that contains information about, among other things, proposed land uses, the type and character of the proposed development, and the location of streets. The applicant is also required to submit a final development plan ( "FDP ") that contain information about, among other things, the location of proposed buildings, the maximum height of all buildings, and proposed architectural elevations. Id. at § 17.28.160.0 and 180.B_ Roth the PDP and FDP must be reviewed and acted on by the Planning Commission and City Council at public hearings. Id. at § 17.28.170 and 190. 2 There is no "0" zone; the reference to "0 Zones" is to the Administrative- Office (A -0) zone district and the Business -Office (B -0) zone district. See City Code '§ 17.12.010. 3 This memorandum focuses on maximum building height requirements as it is our understanding this is the main point at issue in the ConocoPhillips GDP; it does not fully analyze the other yard and bulk requirements, such as lot size and setbacks, set forth in City Code § 17.12.040. Your January 18, 2010 email asked whether the GDP /PCZD and PUD processes can take place concurrently_ A PUD is established by overlaying a PUD development plan over zoned property. City Code § 17.28.030. However, nothing in the City Code prohibits concurrent processing of applications for PCZD zoning and preliminary PUD approval. See also City Code § 17.44.080 (zoning of land in the process of annexation may occur concurrently with, but not prior to, annexation), 5 Section 17.28.180.B.4 of the City Code states that "[t]he maximum height of all buildings shall be stipulated" and that "[s]pecific consideration must be given to the maximum height of structures or significant views which may be obscured,"