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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/15/2015 - SECOND READING OF ORDINANCE NO. 109, 2015, EXTENDIAgenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY September 15, 2015 City Council STAFF Cameron Gloss, Planning Manager SUBJECT Second Reading of Ordinance No. 109, 2015, 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, 2016. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on September 1, 2015, authorizes a 6-month extension to the Planned Development Overlay District (PDOD) Pilot Process, as the current pilot will expire on September 9, 2015. A request has been received by a prospective applicant within the Planned Development Overlay District (PDOD) boundary to extend the pilot for an additional six months to March 9, 2016. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION On First Reading, Council asked for the rationale to continue the PDOD, given that only one individual made the extension request and that no other property owners have expressed interest in the program. From staff’s perspective, there is little risk in moving forward with a six-month extension, considering that substantial staff effort went into creating the PDOD and the petitioning individual has made property investments predicated on the opportunity for his project to take advantage of the design flexibility afforded within the district. The petitioner has stated that he will not request an additional extension if the pilot expires after six months. It is noteworthy that the previous one-year extension was based upon a request from the same individual. Under the Ordinance, the City Council retains the option to extend the PDOD pilot should insufficient projects submit applications during the six-month timeframe. ATTACHMENTS 1. First Reading Agenda Item Summary, September 1, 2015 (PDF) 2. PDOD Boundary map (PDF) 3. Ordinance No. 109, 2015 (PDF) Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY September 1, 2015 City Council STAFF Cameron Gloss, Planning Manager SUBJECT First Reading of Ordinance No. 109, 2015, 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, 2016. EXECUTIVE SUMMARY The purpose of this item is to consider a 6 month extension to the Planned Development Overlay District (PDOD) Pilot Process as the current pilot will expire on September 9, 2015. A request has been received by a prospective applicant within the Planned Development Overlay District (PDOD) boundary to extend the pilot for an additional six 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 six 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”. During citizen participation at the August 14, 2014 P&Z Hearing, three individuals spoke on behalf of the same potential project and requested that the pilot be extended. After discussion, the Board made a formal recommendation that Council extend the pilot. ATTACHMENT 1 Agenda Item 17 Item # 17 Page 2 On September 16, 2014, Council adopted Ordinance No. 116, 2014, extending the PDOD Overlay District for a period of one year. There have not been any PDOD submittals to date; only one potential project has expressed interest in participating in the pilot, and this same prospective applicant has recently expressed that an additional six 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 6-month extension:  Only projects within the defined boundary area are eligible to use the PDOD.  Up to five PDOD submittals will be accepted within the six-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.  Council will continue to have the option to extend the pilot should insufficient projects submit during the six-month timeframe. BOARD / COMMISSION RECOMMENDATION At its August 13, 2015 meeting, the Planning and Zoning Board unanimously (6-0) recommended on its consent agenda that the six-month PDOD Pilot extension be approved. ATTACHMENTS 1. PDOD Boundary map (PDF) ATTACHMENT 2 - 1 - ORDINANCE NO. 109, 2015 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, 2016 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, 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 August 13, 2015, the Planning and Zoning Board recommended that the PDOD be extended for six 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 six additional months. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Ordinance No. 024, 2013, amending the Land Use Code by the addition of a PDOD shall remain in effect until March 9, 2016, whereupon it shall terminate and be of no further force and effect unless extended by ordinance of the City Council. Section 2. 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 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, 2016, 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 - 2 - during the effective term of this ordinance, which term ends March 9, 2016; and the Director may determine to close the acceptance of applications prior to March 9, 2016, 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 September, A.D. 2015, and to be presented for final passage on the 15th day of September, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of September, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk