The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/05/2013 - FIRST READING OF ORDINANCE NO. 040, 2013, AMENDINGDATE: March 5, 2013 STAFF: Laurie Kadrich AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 16 SUBJECT First Reading of Ordinance No. 040, 2013, Amending Section 2.2.11(C) of the Land Use Code Regarding the Period of Time that Project Development Plans and Plats for Large Base Industries Remain in Effect. EXECUTIVE SUMMARY This Ordinance amends Land Use Code (LUC) Section 2.2.11(c), regarding a Project Development Plan and Plat to allow for the approval of a final plan within a twenty-five (25) year period of time for a Large Base Industry to be constructed in phases and as defined in Article 5 of the LUC. . BACKGROUND / DISCUSSION Current Code requires any applicant to proceed to final plan for the entire development within a three (3) year period. The Code provides for some extensions; however, it requires that improvements be completed within the three year period and/or within an authorized extension period; otherwise a forfeiture of the vested property right will occur. Staff believes that large scale projects that are built in phases should have several more years to build out. Extending the time for the approval of a final plat for large base industries ensures that large and complex projects have an overall review by staff and the community when construction first begins even though portions may not be built until later, thus ensuring that a project will be built in accordance with the community’s view at the time of the PDP review. It also provides certainty about development requirements at the PDP stage. The City has previously granted a longer development time frame to Hewlett Packard for reasons similar to this proposal – project was a large scale development to be built in phases with significant local investment and job creation. Currently the LUC defines a large base industry as follows: “Large base industry shall mean a firm that: (1) produces, or will produce, manufactured goods, at least eighty (80) percent of which are, or will be, produced for export to areas outside of the city; (2) employs, or will employ, no fewer than one hundred (100) persons for at least thirty-five (35) hours of year-round employment per week; and (3) owns or leases, or will own or lease, real property or equipment within the city limits that is used in the operation of the firm's business and that has, or will have, as of the date of the commencement of the firm's operation, a fair market value of no less than one hundred million dollars ($100,000,000.).” By approving this amendment, a large scale project will have assurance that the plan approved will be able to be built into the future, regardless of any subsequent changes to the LUC. STAFF RECOMMENDATION Staff recommendation adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION On February 21, 2013, the Planning and Zoning Board reviewed this amendment unanimously voted to recommend adoption of the LUC amendment. ATTACHMENTS 1. Planing and Zoning Board minutes, February 21, 2013 2 _______ Project: LUC – Vested Rights Project Description: This is a request to make a recommendation regarding whether to amend the Land Use Code Section 2.2.11(c), to allow for a Large Base Industry to request limited vested rights not to exceed twenty-five (25) years, in accordance with an approved Planned Development Plan (PDP) and prior to the approval of a final plan. Recommendation: Staff recommends approval. Hearing Testimony, Written Comments and Other Evidence Community Development and Neighborhood Services Director Laurie Kadrich said the request tonight is to make a recommendation on whether to amend the Land Use Code (LUC) to allow for a large base industry (as defined in Article 5) to be able to request a limited vested right not to exceed 25 years in accordance with an approved Project Development Plan (PDP) prior to approval of a final plan. The reason for that is often times with a large scale industry plan this type of development rarely takes place at one time. It’s more of a phased development plan. Kadrich said this has to be a project that has invested over $100,000,000 into the community either in land or assets. It can’t be the corporate value of a company. By allowing the vesting to occur for a longer period of time (whether built in 3 years or 10 years), it provides insurance the proposal as described at the time of the PDP will be built in accordance with the approved plan. Public Input None Board Questions Deputy City Attorney Eckman said there is one wording change he’d like to suggest. He said 4 or 5 lines down in the red language, he’d like to recommend “…not to exceed twenty-five (25) years to complete the final plan” to “ be changed to …not to exceed twenty-five (25) years to submit the final plan”. Eckman said it’s not a vested right in the statutory sense (3 years to complete the public infrastructure to a final plan). The State’s vested rights act gives municipalities the right to extend that by a legislative (ordinance) act for a period not to exceed 25 years. The idea is to give these large based industries the ability to have an extended period of time not to exceed 25 years to move forward with their PDP without having to worry about code changes that might make the PDP obsolete. Eckman said Woodward is a perfect example of a project that might merit a longer period of time. Member Campana made a motion that the Planning and Zoning Board make a recommendation to City Council to update Section 2.2.11(C) of the Land Use Code regarding the vested rights for certain project development plans and plats as presented in the ordinance to the Board with the change that they’ll not to exceed 25 years to submit final plans. Member Hart seconded the motion. The motion passed 6:0. ATTACHMENT 1 ORDINANCE NO. 040, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2.2.11(C) OF THE LAND USE CODE REGARDING THE PERIOD OF TIME THAT PROJECT DEVELOPMENT PLANS AND PLATS FOR LARGE BASE INDUSTRIES REMAIN IN EFFECT WHEREAS, Section 2.2.11 of the City's Land Use Code states that a project development plan remains in effect for a period of three years unless an extension of that period of time is approved by the Director of Planning, Development and Transportation; and WHEREAS, Article 5 of the Land Use Code defines the term “large base industry” to mean a firm that: (1) produces, or will produce, manufactured goods, at least eighty (80) percent of which are, or will be, produced for export to areas outside of the city; (2) employs, or will employ, no fewer than one hundred (100) persons for at least thirty-five (35) hours of year-round employment per week; and (3) owns or leases, or will own or lease, real property or equipment within the city limits that is used in the operation of the firm's business and that has, or will have, as of the date of the commencement of the firm's operation, a fair market value of no less than one hundred million dollars ($100,000,000.); and WHEREAS, large base industries are critical to the economic health of the City; and WHEREAS, many large base industry development plans, because of their size and complexity, are proposed to be constructed in phases; and WHEREAS, the City Council has determined that large base industries, when they are proposed to be constructed in phases, will likely require far more than three years of time within which to submit final plans for all phases of their proposed development; and WHEREAS, upon favorable recommendation of the Planning and Zoning Board, the City Council has determined that a project development plan which is for a large base industry to be constructed in phases should be valid for a period of 25 years instead of three years as presently provided in the Land Use Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 2.2.11(C) of the Land Use Code is hereby amended to read as follows: 2.2.11 Step 11: Lapse . . . (C) Project Development Plan and Plat. Within a maximum of three (3) years fFollowing the approval of a project development plan and upon the expiration of any right of appeal, or upon the final decision of the City Council following appeal, if applicable, the applicant must proceed by obtaining the Director's approval ofsubmit a final plan for all or part of the project development plan. within three (3) years unless the project development plan is for a large base industry to be constructed in phases, in which case the application for approval of a final plan must be submitted within twenty-five (25) years. If such approval is not timely obtained, the project development plan (or any portion thereof which has not received final approval) shall automatically lapse and become null and void. The Director may grant one (1) extension of the foregoing three-year requirement, which extension may not exceed six (6) months in length. No vested rights shall ever attach to a project development plan. The approval of, or completion of work pursuant to, a final plan for portions of a project development plan shall not create vested rights for those portions of the project development plan which have not received such final plan approval and have not been completed. . . . Introduced, considered favorably on first reading, and ordered published this 5th day of March, A.D. 2013, and to be presented for final passage on the 19th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 19th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk