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

Home Browse Search

Malcolm Fleming, City Manager January 22, 2010 Page 3 of 4 LIGHT, HARRINGTON & DAWES, P.C. Generally, the yard and bulk requirements and other development requirements set forth in the City Code and the CDDSG apply to PUD applications. Id. at § 17.28.020.B and 110. However, Chapter 17.28 specifically authorizes the City Council to waive or modify the yard and bulk requirements and other development standards during the PUD approval process. This is because the purpose of the PUD approval process is to "provide for a greater variety and choice of design for urban living" and to "gain flexibility over conventional land- control regulations." Id. at§ 17.28.010. Section 17.28.110 explains what the City Council must consider when deciding whether to waive or modify the yard and bulk requirements (including height requirements) and other development standards. In particular, that section states the requirements may be waived or modified "if the spirit and intent of the development plan criteria contained in section 17.28.120 are met and the City Council finds that the development plan contains areas allocated for usable open space in common park area in excess of public use dedication requirements or that the modification or waiver is warranted by the design and amenities incorporated in the development plan, and the needs of residents for usable or functional open space and buffer areas can be met." B. Options to Address Building Heights in the ConocoPhillips GDP. Based on the above, we have identified the following options for the City to address ConocoPhillips GDP, which such document provides that the maximum building height for the property shall be 95 feet. 1. Require No Change to the GDP. While the City could allow ConocoPhilIips to request approval of a GDP that sets the maximum building height at 95 feet, we feel that this option is susceptible to challenge. This is because Section 17.72.190 of City Code provides that a GDP "shall" set forth the yard and bulk requirements, including building heights, and that such requirements "shall" be in general conformance with Chapter 17.12. Section 17.72.190 does not authorize the City Council to grant waivers from or modifications to these requirements during the GDP approval process. Furthermore, the City Code provides no 6 In the event the requirements in the City Code and the CDDSG conflict, the more restrictive requirement applies. City Code § 17.28.020.B and 110. 7 In particular, City Code § 17.28.020.B provides: "Except for those requirements specifically waived or modified in the planned unit development process approved hereunder, the yard and bulk requirements stated in chapter 17.12, chapter 17.13, and the [CDDSG] shall apply to applications under this chapter." City Code § 17.28.050.E provides: "The city council may, in its discretion, waive or modify any requirements of the [CDDSG] in the planned unit development plan approved hereunder in accordance with the criteria set forth in section 17.28,110." City Code § 17.28,110 provides that requirements applicable to the underlying zoning district or districts in which the property is located . .. including, but not limited to, lot area, lot coverage, lot width, height, setbacks, parking, signage, and buffers ... may be waived or modified through the approval process of the planned unit development . .. 8 Section 17.28.010 sets forth a number of criteria City Council must consider when reviewing a FDP, including: an appropriate relationship with the surrounding area; building types in terms of appropriateness to density, site relationship and bulk; building design in terms of orientation and spacing; visual relief shall be accomplished by building placements and visual access to open space; and architectural design of buildings shall be compatible in design with the contours of the site, with the surrounding designs and neighborhoods, and shall promote harmonious transitions and scale in character in areas of different planned uses.