This week on the council: bringing down height limits on paper

Almost every week this is the "What's on the city council's plate this week" review. I don't cover everything, so if you want the full rundown, read thepacket and agenda yourself.

This week, the city council will move forward with how quickly and exactly how to dial back the increased building heights along the so-called isthmus (which is really a peninsula). In the packet this week is a staff report and proposed ordinance spelling out exactly how the city can move forward.

I've embedded the staff report below (which is always more interesting) and here is the ordinance on scribd. 

What struck me is the long process even making a temporary (on the way to permanent) rollback of the comprehensive plan. In addition to a public hearing within two months, it has to get onto the docket of the planning commission, which won't be able to pick it up until late summer. It will go into effect immediately, but the city council will end up also justifying its actions at some point.

Here is part of the staff report that deals with the process itself: 

 

In addition to a brief discussion of options, Council also asked for a brief outline of the schedule of events that would follow the adoption of an interim rezone.  After the initial adoption of an interim zoning ordinance, the City Council must hold a public hearing within 60 days. Following the public hearing, the City Council must promptly adopt findings of fact justifying its adoption of the interim ordinance.  The interim ordinance is effective for six months, but may be effective up to one year if the Council adopts a work plan for studies related to the interim ordinance.   

If an interim rezone is adopted, Council will need to consider adding an item to its docket for an amendment to the Comprehensive Plan so that final changes to the Official Zoning Map are consistent with the Comprehensive Plan Map.  The normal procedure for amending the Comprehensive Plan and associated development regulations includes a briefing before Planning Commission followed by a public hearing, deliberation and a recommendation to the City Council.  The current Planning Commission calendar appears to be heavily booked through July due to scheduled meetings for the Comprehensive Plan and Shoreline Master Program updates.  Without changes to that schedule, the Planning Commission could not hold a public hearing on a Comprehensive Plan amendment and zoning change until September/October.    

 

Anyway, I do have one question from this topic so far, what are exactly the legal implications?  This action isn't happening in a vacuum and there is a project that has already been applied for that is higher than the current council would like.

Is changing the comp plan now trying to put the cows back in the barn by closing the door when they're already chewing the flowers? 

Council Date 1/12/10 7b Agenda Item

Comments

What about Larida Passage?

I'm not a lawyer, but I think that under an interim rezone or the other options mentioned by staff, Triway's current application would continue to be processed by the city under the new rules that were in place at the time it was filed. The interim rezone would apply to any proposals made for the area after it was in effect.

Best,
Thad


Best,
Thad

Hum

Nothing in there about vested development rights.

The city council does not

The city council does not determine vesting. Whether or not the project is vested is a legal decision to be made by the hearings examiner or a judge.

For non-land use geeks, "vesting" means when a developer turns in a application for a project, that project follows the development rules in place when the application was turned in, not any rules that might be changed later. The question here is whether the rezone was properly in place, legally speaking, when Tri Vo applied for Larissa Passage. And the answer is, I don't know.

What if Triway wants to sell

What if Triway wants to sell the isthmus? They're claiming that the Larida Passage project application is vested but clearly it will not be built anytime soon given the catastrophic state of Tri Vo's finances. Could another developer buy Triway's parcels and claim the right to build higher than 35'?

If they take over the same

If they take over the same development application, they would have the same claim about vesting. If they filed a new application (in other words, if they want to build anything other than what Tri Vo has already proposed), they would need to file a new application and would be subject to the rules in place at that time. And it is very likely that after the evening of Tuesday, January 19, when the city council officially passes the re-rezone, the rules will say 35 feet.

Maybe I've been wrong (stranger things have happened)

I was under the assumption that despite all of the hoopla over Larida Passage, that the rezone was not actually tied to any development or specific proposal. Is that wrong?

That's right

Though Triway's proposal was the only reason for doing it, the rezone changed the rules for a somewhat larger area than their property. (It included the Image Source parcel and the block that the tower is on.) Then Triway filed various applications for the new version of its project, on two of the rezoned parcels.

Best,
Thad


Best,
Thad

I see

Thanks.

Letter to the State Legislature

When do we get to see the letter that the Council decided to send to the State Legislature in support of the Isthmus protection bills?

p.s. Thanks Emmett, and I noticed your correction about the Isthmus regarding the fact that it's really a peninsula. I was interested to read in The Olympian editorial how it was referred to as an actual isthmus.


Tonight's Meeting

I am looking forward to hearing all about tonight's meeting!