Title
AN ORDINANCE AMENDING CHAPTER 1211 “GROWTH MANAGEMENT RESIDENTIAL DEVELOPMENT ALLOCATION” OF THE LAND DEVELOPMENT CODE IN ITS ENTIRETY.
Executive Summary: The ordinance would implement the Growth Management system only when certain growth factors are exceeded.
Body
Legislative History
The residential Growth Management Allocation system was adopted in May 1996 and is now Chapter 1211 of the Land Development Code. An Annual Review Report and an ordinance establishing the residential development allocation for the impending allocation period have been approved by Council every year since then. In March 2016 in Ordinance 16-65 Council deferred administration of the system pending amendments to the Land Development Code, but no later than December 31, 2016.
Purpose & Explanation
The proposed amendments are those that were contemplated last March when the Growth Management Residential Development Allocation System (hereinafter the “system”) was deferred. As reported then one recommendation of the Comprehensive Plan adopted in January 2016 is “review and evaluate the system to balance continued management of new residential development with increased flexibility and responsiveness to market demands”. The pressures on infrastructure present when the system was first implemented in 1996 have lessened significantly over the past decade. To that end Ordinance 16-65 proposed a future revised ordinance that would accomplish the following:
1. Activate the system only when certain population and residential development growth factors are exceeded.
2. These factors and other development measures would be documented in a report to be presented to Council annually.
3. Growth management allocations would not be required when the system is not activated.
4. Section 1211 of the Land Development Code (LDC) should be revised to include the above, the mechanisms for activating the system when a growth factor is met, the schedule of growth management applications and allocations, and otherwise as may be advisable.
Staff is proceeding with the directives contained in Ordinance 16-65 with the following assumptions:
1. Councils wishes to maintain the system.
2. Council wishes to emphasize knowledge of the rate of development over limiting residential growth.
3. Council wishes to impose growth management only when the City’s ability to meet the infrastructure needs of development is threatened.
4. Council wishes to simplify the administration of the system.
Specifically staff is recommending the following amendments to the Growth Management Chapter of the LDC:
1. Implement the system only when the number of new dwelling units resulted in an annual population growth of one and a half (1.5) percent each of the previous two years. The rate recommended in the 2004 Comprehensive Plan was 1.0 to 1.5 percent. Based on the current population of 22,437 and the number of persons per household of 2.87 this would be about 120 dwelling units per year. To date in 2016 39 zoning certificates have been issued for new houses.
2. Maintain the current purpose and intent of the original regulations to ensure infrastructure is available for development and fiscal impact does not exceed the impact of development.
3. Delete the Findings section as most of the findings relate to the excessive growth rate and the negative impact of that rate when the system was established. These findings are no longer true.
4. Change the focus of the regulations to monitoring development rather than limiting it by moving the Review and Monitoring part of the ordinance near the beginning of the chapter.
5. Reduce the scope of the annual report. The report will assess data over the previous two years, rather than the current one year assessment. The report will be limited to a recommendation as to whether the system should be implemented and if so what the number of allocations should be. The number of allocations will be established for the next two years, rather than the current one year. The report would be submitted directly to Council, not to PC for a recommendation.
6. Suspend the Growth Management ordinance if Council decides not to implement the system.
7. Authorize Council to award additional allotments for hardship or other reasons or change the number of allocations as it sees fit.
8. Simplify the system when it is implemented to:
a. Base the reporting and recommendation deadlines and the allocation periods on a calendar year, not the current schedule. Award allocations once each year, not twice. Once implemented keep the system in effect for at least two years.
b. Repeal provisions for “priority development” so that all residential development will be treated the same.
c. Repeal the complex and rarely used multi-year allotment and hardship relief provisions.
d. Simply the application, award, and notification process. Move some of the regulations from the LDC to administrative procedures.
9. Unallocated allotments carry over to the next year until they expire as they do now. Allotments will expire five years after they are awarded, rather than the current two years.
PC conducted its public hearing and recommended that Council adopt the proposed legislation at its meeting of February 13, 2017 with the recommendation that Council consider the comments made at that meeting. We summarize PC’s comments here:
1. 1211.02(a)(3) “City Council Action. Prior to deciding … are solicited from the City Manager and public-at-large. … for the next two years. Council may, but is not required to, seek the recommendation of the Planning Commission before makings its decision.” (The City Manager is the author of the report.)
2. 1211.04(b) “No single development may apply for an allocation in excess of the number available in the allocation period or be awarded more than thirty (30) residential development allotments …” (Applying for allocations in excess of the number available would not be permitted administratively.)
3. 1211.04(c) Unallocated Surplus Allotments. Allotments that are not awarded in any given years shall be carried over automatically into the next year. (1) For allotments that remain available after the award of allotments: one allotment shall be made available to each applicant qualifying under Section 1211.05, “Development Allotment Application Procedures,” of this Code. (Correcting punctuation.)
4. 1211.04(d)(3) PC questioned whether the provision applied to built or unbuilt subdivisions. Staff believes it could apply to either and thus recommends that the text remain as it is.
5. 1211.04(f) Adjustment of Annual Development Allocation. … However, if the allocation is reduced, it shall not reduce or revoke any allotment made awarded pursuant to the previously existing allocation. (Clarification)
6. 1211.05(b) “… “Maximum Allotment” provision set forth in Section 1211.04(eb) and for purposes of the minimum of one automatic allotment per year per applicant set forth in Section 1211.05(cd).” (Citations corrected to address confusion.)
7. 1211.05(l) PC question whether the time an allocation is valid should remain at two years to match the period that zoning certificates are valid rather than increase the time to five years as proposed. Staff recommends that allocations remain valid for five years as proposed. The dates of issuance and expiration of zoning certificates do not match the dates of allocations. Recent legislation reduced the validity of a zoning certificate from two years to one year.
Staff supports the recommendations of PC listed in Items 1, 2, 3, 5, and 6 above.
Timing Considerations
Following Council’s public hearing and second reading March 21, Council may take final action April 4.
Fiscal Impact
Currently Budgeted
Supplemental Appropriation Required
X Appropriation Not Required.
Recommendation
Suggested Action
Staff recommends Council adopt Ordinance 16-203 as recommended by Planning Commission and staff.
Submitted by,
Jane Howington, City Manager
Mark Richardson, Community Development Director