Opinions
 

Uptown Development - Defining Some Terms

Date: 9/25/2005
Author: Thatcher Imboden

Concerns over development height in and around Uptown have made their way into politics and created a lot of confusion. Many believe the city’s zoning code states there is a four story height limit in the core of Uptown. That belief is incorrect. The zoning code mandates a four-story or 56 foot limit to what one can build without significant review.

A property owner is entitled to certain rights, one of which is the height of structures on the land. In the core of Uptown up to four stories is allowed “as of right”. To build higher, the owner must follow a series of steps in order to obtain a Conditional Use Permit (CUP). Through a review process, the city determines why the owner’s request should not obtain approval. All Conditional Use Permits require review of the structure’s impact on neighboring properties and consideration of safety issues. That includes adequate review of traffic and infrastructure, and determining that the use is consistent with the city’s comprehensive plan, and generally conforms to applicable regulations. Through this review process, the city determines why the owner’s request should not obtain approval.

The CUP process is to allow for flexibility in the zoning code, because certain elements within a project are unique and can be legitimate, yet require further review. Height is one of those elements.

The CUP for height takes four criteria into consideration beyond the standard CUP criteria: access to light and air of surrounding properties, shadowing of residential properties or significant public spaces, the scale and character of surrounding uses, and the preservation of views of landmark buildings, significant open spaces or water bodies. The implication is that if the building is relatively low impact, it can be allowed – or allowed with provisions aimed at softening the impact, such as landscaping or wider sidewalks. This is not an exception to the process—it is a built-in part of zoning.

The belief that granting height CUPs undermines zoning, as some in our community have asserted, is incorrect. As mentioned above, the zoning code is designed to force the use of CUPs when greater height is requested. This does not mean that our zoning code is “against” greater height. For instance, if a future planning study determined the community would support development heights greater than the current four-story threshold, the threshold would not be increased to reflect that desire– nor should it. The four-story mark is a good standard for requiring more significant review. Rather, Planning Commissioners might simply grant CUPs more readily to meet the neighborhood's goals.

It is easy to criticize new development for not meeting every criterion we want. High-quality, well-designed projects require compromise from developers and the community in order to be successful. It seems of late, height is the compromise we as a community are asked to make. Well-planned development shows us that careful urban design plays a significant role in creating the vibrant spaces we desire.

Zoning has always included the ability to make compromises, and though some would say it does not appear to be “smart,” its flexibility has allowed us to incorporate the values that many in our community want.