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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/01/2016 - FIRST READING OF ORDINANCE NO. 027, 2016, EXTENDINAgenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY March 1, 2016 City Council STAFF Cameron Gloss, Planning Manager SUBJECT First Reading of Ordinance No. 027, 2016, Extending Ordinance No. 024, 2013, Which Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay Zone District through March 9, 2017. EXECUTIVE SUMMARY The purpose of this item is to consider a 12-month extension to the Planned Development Overlay District (PDOD) Pilot Process, as the current pilot will expire on March 9, 2016. A request has been received by a prospective applicant within the Planned Development Overlay District (PDOD) boundary to extend the pilot for an additional twelve months. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION A request has been received by a prospective applicant within the Planned Development Overlay District (PDOD) boundary to extend the pilot for an additional twelve months. To address the challenges of infill and redevelopment, staff worked collaboratively in 2011-2012 with the Planning and Zoning Board (P&Z) to develop the PDOD, a unique zoning mechanism that blends the concepts of Planned Unit Developments and performance-based zoning. The PDOD provides flexibility on certain development regulations in the Land Use Code without having to use the existing Addition of a Permitted Use or Modification processes. In return for this flexibility, projects must achieve at least 60 points on a supplemental performance matrix that is designed to reward projects for going beyond minimum standards. The PDOD has a defined boundary, which was drawn to be consistent with the City’s targeted infill and redevelopment areas and Transit Oriented Development (TOD) Overlay District (Attachment 1). One final characteristic to note is that all PDOD projects are processed as a Type 2 application. Being an untested concept for the City, the PDOD was proposed first as a pilot to allow for real-world test cases. The pilot was unanimously recommended by P&Z and ultimately adopted by City Council on February 26, 2013; it provided a six-month window where PDOD submittals could be accepted, but the number of applications accepted was capped at five. The pilot began immediately after adoption and was set to expire on September 9, 2013. According to the PDOD Ordinance, City Council had the option to extend the pilot “in the event that, during the six-month term of its existence, there have been insufficient development proposals presented to the City within the boundaries of the PDOD map to adequately inform the City Council as to the viability of the District.” On September 16, 2014, Council adopted Ordinance No. 116, 2014, extending the PDOD Overlay District for a period of one year. At the request of the same applicant as in 2013 and 2014, City Council subsequently approved Ordinance No. 109, 205 on September 1, 2015, to extend the deadline for an additional 6 months, giving a new deadline of March 9, 2016, for expiration of the pilot. There have not been any PDOD submittals to date; only one potential project applicant has expressed interest in participating in the pilot since its inception, and this same prospective applicant has recently expressed that Agenda Item 7 Item # 7 Page 2 an additional twelve month extension is necessary to meet their anticipated development plan application submittal date. The conditions of the pilot district as established by the original pilot ordinance and subsequent amendments apply to the requested twelve-month extension except for the lack of a provision to further extend the pilot:  Only projects within the defined boundary area are eligible to use the PDOD.  Up to five PDOD submittals will be accepted within the twelve-month pilot extension.  City staff will collect data on any PDOD projects that submit, and with help from the citizen taskforce, evaluate how well the PDOD is working and report back to City Council. Given that it has been four years since the initial PDOD Pilot adoption and no projects have been submitted, staff is recommending that Council make no provision to extend the pilot should insufficient projects submit during the twelve-month timeframe. BOARD / COMMISSION RECOMMENDATION At its February 11, 2016 meeting, the Planning and Zoning Board unanimously (6-0) recommended on its consent agenda that the twelve-month PDOD Pilot extension be approved. ATTACHMENTS 1. PDOD Boundaries (PDF) ATTACHMENT 1 -1- ORDINANCE NO. 027, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXTENDING ORDINANCE NO. 024, 2013, WHICH AMENDED THE LAND USE CODE BY THE ADDITION OF A TEMPORARY PLANNED DEVELOPMENT OVERLAY ZONE DISTRICT THROUGH MARCH 9, 2017 WHEREAS, on February 26, 2013, the City Council adopted on second reading Ordinance No. 024, 2013, amending the Land Use Code by the addition of a temporary Planned Development Overlay Zone District (“PDOD”); and WHEREAS, Ordinance No. 024, 2013, provides that, at the end of the pilot program, City staff will evaluate the program and report the outcomes to the City Council and, based on staff's report, the City Council will determine whether the PDOD should be continued, amended or terminated; and WHEREAS, on September 2, 2014, City Council adopted Ordinance No. 116, 2014, extending Ordinance No. 024, 2013, to September 9, 2015; and WHEREAS, on September 15, 2015, City Council adopted Ordinance No. 109, 2015, extending Ordinance No. 024, 2013, to March 9, 2016; and WHEREAS, since the adoption of Ordinance No. 024, 2013, no applications have been filed with the City for the processing of a development proposal under the PDOD and, therefore, no report has been prepared; and WHEREAS, on February 11, 2016, the Planning and Zoning Board recommended that the PDOD be extended for twelve additional months; and WHEREAS, the City Council has determined that it is in the best interests of the City to extend the PDOD adopted by Ordinance No. 024, 2013, for twelve additional months. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Ordinance No. 024, 2013, amending the Land Use Code by the addition of a PDOD shall remain in effect until March 9, 2017, whereupon it shall terminate and be of no further force and effect unless extended by ordinance of the City Council. Section 3. That Section 4.29 (A)(2) of the Land Use Code is hereby amended to read as follows: (2) Applicability. Any property located within the PDOD (Figure 22) shall be eligible to develop according to the standards set forth in subsection (D) at -2- the option of the developer. This Division shall be applicable only to an application for approval of a detailed development plan which has been filed with the City on or before March 9, 20167, unless said deadline has been extended by subsequent ordinance of the City Council. No more than five (5) applications shall be received and accepted for processing during the effective term of this ordinance, which term ends on March 9, 20167; and the Director may determine to close the acceptance of applications prior to March 9, 20167, if necessary in order to properly and adequately process and administer the applications received. Introduced, considered favorably on first reading, and ordered published this 1st day of March, A.D. 2016, and to be presented for final passage on the 15th day of March, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of March, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk