Planning and Zoning Commission

City of Evanston Planning & Zoning Commission Board of Adjustment 1200 Main Street, Evanston, Wyoming 82930 Ph.# (307) 783-6470 Fax: (307) 783-6490 Email: jcampbell@evanstonwy.org Web: www.evanstonwy.org Planning and Zoning Commission Meeting Minutes July 13, 2015 6:00 p.m.-City Hall Commissioners Present: Chuck Straw, Chairman Amy Velasquez Phil Petersen Mike Sellers Eric Mander Deborah Demander Georgia Harvey Staff Present: Dennis Boal, City Attorney Paul Knopf, City Planner DuWayne Jacobsen, Associate Planner Janel Campbell, Administrative Assistant Chairman Straw called the meeting to order at 6:00 p.m. Chairman Straw asked for a motion to approve the agenda for the July 13, 2015 meeting. A motion was made by Commissioner Harvey, seconded by Commissioner Demander. Motion carried. Chairman Straw asked for a motion to approve the minutes for the April 13, 2015 and May 4, 2015 meetings of the Planning Commission. A motion was made by Commissioner Velasquez, seconded by Commissioner Demander. Motion carried. With no old business to address, Chairman Straw proceeded to new business, TA 15- 01. Attorney Boal explained that TA 15-01 is a request to amend the ordinance and is not a contested case hearing. Since there is no one present from the public to receive questions, the Commission will first hear from Paul Knopf, City Planner. Staff will then answer questions from the Commission. The Commission will make a recommendation to the City Council. Mr. Knopf reviewed TA 15-01, a request by the City of Evanston for a Text Amendment to Section 22-17 B (5) of Chapter 22, Subdivision of Land of the Evanston City Code concerning possible changes to the provisions applying to the allocation and conveyance of land for public purposes and to provisions concerning cash-in-lieu of the allocation and conveyance of land for public purposes for major subdivisions. (Section 24-107 of the Evanston City Code) Mr. Knopf explained that this text amendment deals with the conveyance of land for public purposes. In review of the staff report, he mentioned that Section 24-107 of the Evanston City Code addresses Planning and Zoning Commission review whenever there is a request to change regulations pertaining to property. Section 22-17 B(5) of the Evanston City Code addresses the conveyance of land or cash-in-lieu requirements for major subdivision proposals. Currently, a Subdivider shall allocate and convey to the City five percent of the total area in the subdivision or pay to the City a cash amount equal to 11 percent of the raw land value of the total land area in the proposed subdivision. Mr. Knopf added a statement of purpose in the staff report mentioning that it helps clarify the intent of the rules and regulations being proposed. The purpose is to anticipate public impacts to infrastructure facilities and other similar considerations from population growth and land development. Mr. Knopf stated that he does not believe Evanston is at a point to require exactions for infrastructure improvements. He noted that Evanston is not in growth management mode but is encouraging growth. Mr. Knopf stated that there really isn’t a link in the current code which connects the scope of public improvements with the density and the type of development. A rational connection will need to be established for any required improvement based on anticipated impacts to the public health, safety, and welfare. Mr. Knopf addressed the importance of planning for long-term public facility improvements such as schools and other public buildings and the benefits of open space which enhances quality of life. With recent major subdivision proposals containing a few number of lots and relatively small in size, public land dedication is not always desirable for the City. Public land dedications are generally maintained by the Parks and Recreation District. Operation and maintenance costs are impacted by the size, type and use of open space areas. Mr. Knopf presented options to the Planning and Zoning Commission for discussion. Options include, but are not limited to, cash-in-lieu of land dedication, applying or banking a public land credit, and similar acceptable practices now and in the future. More specifically, these options include the following:  For any major subdivision of land that is four lots or less in density, dedication of land for public purposes is not required, unless there is an open space area in or adjacent to the subdivision that has been identified in the community Comprehensive Plan as a public use area. In this instance, 5% of the total land area in the subdivision shall apply to the dedication of open space for public purposes. For any major subdivision of land that is five lots or more in density, dedication of land for public purposes is required. The Subdivider shall convey 5% of the total land area in the subdivision for public purposes. For any major subdivision of land that is five lots or more in density, where it is determined by the City and the Subdivider that an option to the dedication of public land will better serve the public health, safety and welfare, the following requirements shall apply: 1. In lieu of land dedication for public purposes, the Subdivider shall have the option to pay to the City a cash amount equal to 9% of the raw land value of the total land area in the subdivision. The raw land value shall be determined between the City and the Subdivider based on comparable land values. If the City and the Subdivider are unable to jointly determine raw land value, an independent appraiser shall determine raw land value. The cost for the services of an independent appraiser shall be shared equally between the City and the Subdivider. Cash-in-lieu payment shall be maintained in an account overseen by the City to be used for public purposes. 2. In lieu of land dedication for public purposes, the Subdivider shall have the option to apply or bank a land credit of 5% of the total land area in the subdivision to a future land area that will be subdivided by the Subdivider. The Subdivider’s Agreement between the City and the Subdivider shall include a time frame in which to apply the land credit, but it shall not exceed five years. The City Council shall have the authority to extend the time frame in two year increments, but no longer than five years; or the Subdivider shall pay to the City a cash amount equal to 9% of the raw land value of the total land area in the subdivision at that time. Attorney Boal commented that he would like to have this information placed in ordinance form. Because all too often, what the Planning and Zoning Commission reviews is changed when the proposal is written in ordinance form. Attorney Boal agreed with Paul and stressed that if you take someone’s land or cash-in-lieu to address a public need, the amount or value should be proportionate and no more than their fair share. The current ordinance nor do the proposed changes seem to make this connection. Mr. Knopf stated that staff could review the proposed percentages and make sure that they are justifiable. There is a cost to manage and maintain open space. Staff can obtain this information from the Evanston Parks and Recreation District. Commissioner Petersen expressed concern with the City having to maintain too many open space areas. Everyone likes the idea of not requiring land dedication for subdivisions containing four or less lots. Commissioner Harvey likes the idea of banking land credits. As neighborhoods grow, eventually there will be enough land area to build parks such as Ottley Park. Commissioner Sellers questioned how land dedication would be handled with gated communities. Mr. Knopf stated that private developments such as the Purple Sage P.U.D. Addition and Red Canyon Village P.U.D. Addition each have open space requirements. The open space in these developments are built and maintained with private monies. Commissioner Harvey questioned if they need a motion to table TA 15-01. Attorney Boal stated that he would like to talk to the Mayor at staff meeting tomorrow and see if there is a rush to move this through. If not, he would like to have more information gathered and then bring it back to the Planning and Zoning Commission in ordinance form. No action was taken. With no other business, Chairman Straw adjourned the meeting at 6:25 p.m. Mr. Knopf informed the Planning Commission the next meeting was set for September 14th due to the holiday.