Agenda Packet 11-26-18 Work Session

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CLEAR & OBJECTIVE HOUSING: APPROVAL C RITERIA UPDATE November 13, 2018 DRAFT Preferred Concepts Report: Maintenance Issues Page 10 of 59 COM-05 (P LANNED UNIT DEVELOPMENT ADJUSTMENT/MODIFICATION) Description : The clear and objective track for planned unit developments include a criterion that requires compliance with “all applicable development standards explicitly addressed in the appl ication except where the applicant has shown that a modification is consistent with the purposes as set out in EC 9.8300 Purpose of Planned Unit Development.” This criterion appears to overlap with the option to modify standards that apply to planned unit developments through an approved adjustment pursuant to EC 9.8015. EC 9.8325(7) (provided below) requires compliance with a list of standards, and also states that an “approved adjustment to a standard pursuant to the provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard.” Many of the development standards are adjustable. Since an approved adjustment —according to approval criteria specific to the standard being adjusted—expressly constitutes compliance with the required standard, these subsections (7) and (11) largely overlap. Applies To : Planned Unit Development Existing Code Section(s): EC 9.8325(7), EC 9.8325(11) Existing Code Language : (7) The PUD complies with all of the following: (a) EC 9.2000 through 9.3980 regarding lot dimensions and density requirements for the subject zone. Within the /WR Water Resources Conservation Overlay Zone or /WQ Water Quality Overlay Zone, no new lot may be created if more than 33% of the lot, as created, would be occupied by either: 1.The combined area of the /WR conservation setback and any portion of the Goal 5 Water Resource Site that extends landward beyond the conservation setback; or 2.The /WQ Management Area. (b) EC 9.6500 through 9.6505 Public Improvement Standards. (c) EC 9.6706 Development in Flood Plains through EC 9.6709 Special Flood Hazard Areas - Standards. (d) EC 9.6710(6) Geological and Geotechnical Analysis. (e) EC 9.6730 Pedestrian Circulation On-Site. (f) EC 9.6735 Public Access Required. (g) EC 9.6750 Special Setback Standards. (h) EC 9.6775 Underground Utilities. (i) EC 9.6780 Vision Clearance Area. (j) EC 9.6791 through 9.6797 regarding stormwater flood control, quality, flow control for headwaters area, oil control, source control, easements, and operation and maintenance. An approved adjustment to a standard pursuant to the provisions beginning at EC 9.8015 of this land use code constitutes compliance with the standard. (11) The PUD complies with all applicable development standards explicitly addressed in the application except where the applicant has shown that a modification is consistent with the purposes as set out in EC 9.8300 Purpose of Planned Unit Development. Recommendation : Remove the criterion at EC 9. 8325 (11) that requires compliance with “all applicable development standards explicitly addressed in the application except where the applicant has shown that a modification is consistent with the purposes as set out in EC 9.8300 Purpose of Planned Unit Development,” add November 26, 2018, Work Session – Item 2