City Council Agenda and Packet 2013 07 02

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SUBJECT: APPROVE PUD EXTENSION DATE: JULY 2, 2013 PAGE 2 OF 3 The Final PUD for Lots 1&2 includes a 104,800 square foot two-story flex office building. It was originally approved by City Council on December 4, 2007. The final PUD for Lot 12 was originally approved by City Council on November 2, 2009 and consists of one 40,200 SF flex office building and two additional 18,825 SF flex office buildings. The Applicant is only requesting a three year time extension. No modifications or amendments are being requested for either project. Section 17.28.200 (PUD ordinance) of the Louisville Municipal Code (LMC) states: "no building permit shall be issued more than 36 months after city council approval of the plan unless an extension of time is approved pursuant to subsection 17.28.210.8." There is a footnote attributed to the above section which states the extension granted "shall be measured from the original expiration date of such PUD." Therefore the new start dates for these PUD time extensions will vary based on their original PUD dates. The LMC does not permit the issuance of a building permit for Lots 1 and 2 after December 4, 2013. The PUD for Lot 12 expired on November 2, 2012, so the opportunity for issuance of a building permit has already expired. The applicant has stated the difficult real estate market has prevented the project from moving forward with construction at this point in time. The three year extension has been requested to allow time for the real estate market to turn around so the project can be constructed. SUMMARY OF PROPOSAL AND STAFF RECOMMENDATION Subsection 17.28.210.B of the LMC states that the proposed time extension must be approved by the Planning Commission and the City Council under the procedures authorized for final plan approval. Generally, this requirement is intended to serve two purposes. First, the City design guidelines change over time and a three year window allows the City to ensure that development proposals remain consistent with current standards as they are updated. Second, over a period of three years the context of the area surrounding a project may change. The three year expiration date allows a reexamination of the project in light of any contextual changes to the area surrounding the project. The Comprehensive Plan for the City was updated in May of this year. However, no changes in policies were recommended for the Colorado Technology Center. Furthermore, there have been no modifications to the Industrial Development Design Standards and Guidelines (IDDSG) or any significant changes to the area surrounding either of the two projects. The only modification requested for both projects is a three year extension of the approval time. All other aspects of the original plans as approved by City Council, remain unchanged. CITY COUNCIL COMMUNICATION 29