HomeMy WebLinkAbout08-25-23 Public Comment - G. Poole - Requested changes to Draft UDCFrom:Poole, Geoffrey
To:Chris Saunders; Agenda
Subject:[EXTERNAL]Requested changes to Draft UDC
Date:Thursday, August 24, 2023 11:27:49 PM
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Hello Chris:
I am writing in regard to the conversation we had today at theUDC open house. Specifically, I would like to bring to yourattention my concerns about the proposed Sec. 38.250.010.B, andSec. 38.250.020, referenced therein.
Proposed Sec 38.250.010.B states:
"Individual Legacy Planned Unit Developments shall be governedby, and may be amended pursuant to, the rules regarding PUDs ineffect prior to October 27, 2022. The PUD regulations in effectprior to October 27, 2022 are renamed legacy planned unitdevelopments and are in 38.250.020."
Sec 38.250.010.B addressed the need for consistency in therules that govern Legacy PUDs over time. Property ownerswithin PUDs have made significant financial and life-styledecisions based on the terms enforced by PUDs and changing therules of their governance would represent a breach of explicitagreement between the PUDs property owners and the City,defining the terms under which development rules would beapplied an managed on PUD properties. Acknowledging theimportance of such consistency, the governance of Legacy PUDsis explicitly "grandfathered" in the current code (Sec.38.430.020) and the proposed Sec 38.250.010.B.
Unfortunately, proposed Sec. 38.430.020 (which purports todescribe the pre-October 27, 2022 governance of PUDs) makes twoof major changes to the governance of legacy PUDs relative tothe pre-October 27, 2022 governance.
First, allowable "Major Changes" to PUDs under the Pre October27, 2022 were defined specifically then Sec. 38.430.040.A.3.d.(2).(b). Specifically, Major Changes were defined as:
(i) A change in the character of the development;
(ii) An increase of greater than five percent in the approvednumber of residential dwelling units;
(iii) An increase of greater than five percent in the approvedgross leasable floor areas of retail, service, office and/orindustrial buildings;
(iv) A reduction in the approved open space and/or affordablehousing units provided;
(v) A change in the location and placement of buildings; and/or
(vi) An increase in the number of lots above what was approved
through the preliminary plan review. This is applicable only tozoning PUD plans, not subdivision PUD plats. The final plat, ifapplicable, may not create any additional lots which were notreviewed as part of the preliminary plan submittal.
In contrast, the proposed Sec. 38.430.020.C.2 allows *any*change to a PUD to be processed as a PDZ. Thus, 38.430.020.Cis in conflict with the clear intent of proposed section38.250.010.B (and current Sec. 38.430.020) that Legacy PUDs begoverned by the rules in place prior to October 27, 2022.
Similarly, the section outlining a new process for removal ofproperty from a PUD was added to 38.250.020, and did not existin the Pre-October 27, 2022 rules. Most disconcerting is thatfact that removing a property from a PUD provides anadministrative "back door" to making changes that wouldotherwise fall under Major Changes as defined in Pre-October27, 2022 Sec. 38.430.040.A.3.d. For instance, anywheredevelopment guidelines under the Legacy PUD are morerestrictive than the UDC, removal of a property from a PUDcould allow a change in the character of the development, largeincreases in the number of residential development units orleasable business floor area, reductions in open space oraffordable housing, changes in the locations of buildings, andan increase in the number of lots, relative to the requirementsof the PUD, all of which would otherwise be regulated as "MajorChanges."
Under the Pre-October 27, 2022 rules, the PUD could evolve byformal amendment to provide for changing needs over time (seethen Sec. 38.430.040.A.3.d). Under those rules, however, MajorChanges implemented via amendment to a PUD required a publicprocess. Similarly, a pubic process is required for MajorChanges to a PDZ and for removal of property from a PDZ (via azoning map amendment).
In the proposed Sec. 38.250.020, however, the process of removing propertyfrom a Legacy PUD (which could be used to allow Major Changes to any aspect ofdevelopment on the property) is Administrative, and would occur **with no opportunity fora public process whatsoever.** Thus, removal of property from Legacy PUD's is singled outfor less stringent oversight relative the requirements of the Pre-October 27, 2022 rules andrelative to the proposed rules for PDZs. The landowners in Legacy PUDs once (prior toOctober 27, 2022) had the expectation of due public process forMajor Changes to the PUD. Further, under the proposed UDC,landowners in PDZs have an expectation of due public processwhen property will removed from the PDZ (via zone-mapamendment). In contrast, proposed Sec. 38.250.020 rendersproperty owners in a Legacy PUD rather voiceless regarding removal of propertyfrom the PUD. This seems, to me, a glaring inconsistency in the opportunity for publicparticipation in governance of Legacy PUDs vs. current PDZs.
In the end, the proposed Sec. 38.250.020 represents a substantive change in thegovernance of Legacy PUDs, which is inconsistent with the clear intent of proposedsection 38.250.010.B (and current Sec. 38.430.020).
In order to clearly and accurately describe the Pre-October 27,2022 rules governing Legacy PUDs and to ensure that removal ofproperty from a PUD can not occur without requiring a public
process (as would be required for Major Changes to a PDZ), **Iwould ask that Sec. 38.250.020.C.2 and 38.250.020.F be strickenfrom the proposed UDC.**
The follow text could then be added to 38.250.020.C.1 toaccurately describe the Pre-October 27, 2022 rules, whileacknowledging that the process for preliminary PUD review(referenced in the Pre-October 27, 2022 rules) has beenreplaced with PDZ review:
c. Major changes can be processed as a PDZ subject to38.250.010.
d. Major changes are defined as follows:
(1) A change in the character of the development;
(2) An increase of greater than five percent in the approvednumber of residential dwelling units;
(3) An increase of greater than five percent in the approvedgross leasable floor areas of retail, service, office and/orindustrial buildings;
(4) A reduction in the approved open space and/or affordablehousing units provided;
(5) A change in the location and placement of buildings; and/or
(6) An increase in the number of lots above what was approvedthrough the preliminary plan review. This is applicable only tozoning PUD plans, not subdivision PUD plats. The final plat, ifapplicable, may not create any additional lots which were notreviewed as part of the preliminary plan submittal.
Thanks for considering these changes to resolve theinconsistency between proposed Secs. 38.250.010.B and38.250.020 and to ensure that Legacy PUDs continue to operateaccording to the rules under which property owners therein madeimportant financial and life-style choices.
Sincerely,
-Geoffrey Poole