TOWN OF JACKSON TOWN COUNCIL AGENDA DOCUMENTATION

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1 TOWN OF JACKSON TOWN COUNCIL AGENDA DOCUMENTATION PREPARATION DATE: JUNE 22, 2010 MEETING DATE: JULY 19, 2010 SUBMITTING DEPARTMENT: PLANNING DEPARTMENT DIRECTOR: TYLER SINCLAIR PRESENTER: JEFFREY M. NOFFSINGER, AICP SUBJECT: APPLICANT: ITEM P10-044: A PROPOSED AMENDMENT TO THE JACKSON LAND DEVELOPMENT REGULATIONS FOR REVISIONS TO DIVISION 5100 COMMON PROCEDURES TOWN OF JACKSON STATEMENT/PURPOSE The purpose of this item is to consider an Amendment to the Land Development Regulations Division 5100 Common Procedures regarding Minor Development Plans, specifically to Table 5110.B.1 Common Review Procedures and Section 5120.C. Pre-application Conference. APPLICABLE REGULATIONS Section 5150 Amendments to these Land Development Regulations Table 5110.B.1 Common Review Procedures Section 5120.C.1 General Overview BACKGROUND/ALTERNATIVES Currently, a Pre-application Conference is required for application for a Development Plan except for singlefamily homes. Staff is proposing to add Minor Development Plans to the list of exemptions to simplify the review process. STAFF ANALYSIS Many issues on Minor Development Plans are discussed and coordinated through informal meetings prior to submittal of the application. As such, Staff finds that conducting a Pre-application Conference through the formal review is unnecessary and inefficient. Additionally, the $300 application fee is often a burden to applicants when there is little review involved. By eliminating the formal Pre-application Conference for Minor Development Plans, staff and applicant time can be better utilized, and the associated Development Plan review fees are more appropriate for this level of review. Section 5120.C.1 Pre-application has been revised to include the following language excepting Minor Development Plans: 1

2 1. General Overview. A Pre-application Conference shall be held prior to submission of an application for Development Plan. except for single-family home applications which shall be exempt. Minor Development Plan applications, which shall be exempt from this provision. A Pre-application Conference is optional prior to the submission of any other application for development permit may be requested prior to any application. The purpose of the Pre-application Conference is for the applicant to obtain information regarding the applicable provisions of these Land Development Regulations required to permit the development proposed. Another item to be revised is Table 5110.B.1 Common Review Procedures. The table incorrectly states that that an advertisement and public hearing is required for a Minor Development Plan. Staff has never required this procedure for Minor Development Plans due to the exemption in Section C.4.a. Also, a few other minor revisions to remove unnecessary footnotes have been made to clean up this table. Please refer to the attached table to review the proposed revisions. PLANNING COMMISSION RECOMMENDATION At the June 16, 2010, meeting, the Planning Commission recommended approval of this amendment to the Town Council by a 4-0 vote (Commissioners Barbara Allen, Dana Buchwald, Jamie Walter, and Paul Nash in favor). STAFF FINDINGS Pursuant to Section 5150 Amendments to these Land Development Regulations of the Land Development Regulations (LDRs), the following findings shall be made for the approval of a text amendment. 1. Consistent with purposes. Amendments shall be consistent with the purposes of these Land Development Regulations. Staff finds that the proposed amendment is consistent with the following purposes of Division 5100 of the Land Development Regulations as follows: a. To establish uniform procedures for all administrative functions of the LDRs for the Town. 2. Consistent with the Comprehensive Plan. Amendments shall be consistent with the Comprehensive Plan. Staff finds that the proposed amendment is consistent with the Chapter 3.D Community Character Actions of the Comprehensive Plan: 6. Establish development review procedures with adequate flexibility for developers to respond to character considerations. 3. Consistent with Land Development Regulations. Amendments shall be consistent other provisions of these Land Development Regulations. Staff finds that the amendment is consistent with provisions of the LDRs. 4. Consistent with other Town Codes. Amendments shall be consistent with other adopted codes, ordinances, and/or resolutions of the Town. Staff is unaware of any municipal code requirements that would conflict with the proposed amendment. As such, Staff finds that the proposed amendment is consistent with other Town codes. 2

3 Standards for review of Amendments to the text of these Land Development Regulations. Amendments to the text of these Land Development Regulations may be approved for reasons including but not limited to the following: 1. Implements Comprehensive Plan. The amendment to the text would implement a portion of the Comprehensive Plan. 2. Better achieve Comprehensive Plan goals and objectives. The amendment to the text would implement and better achieve the goals and objectives of the Comprehensive Plan that have proved difficult to achieve under the existing provisions of these Land Development Regulations. 3. Existing Land Development Regulations unreasonable. The provisions of these Land Development Regulations were inconsistent or unreasonable in light of standards for similar uses. 4. Responds to State or Federal legislation rendering Land Development Regulations obsolete. The amendment to the text is necessary in order to respond to State and/or Federal legislation. 5. Additional flexibility. The amendment to the text provides additional flexibility in meeting the objectives of these Land Development Regulations. Staff finds that Item #5 above is applicable for reasons to amend the Land Development Regulations. ALIGNMENT WITH COUNCIL S STRATEGIC INTENT NA ATTACHMENTS Table 5110.B.1 Common Review Procedures Ordinances O & P FISCAL IMPACT None identified STAFF IMPACT None identified LEGAL REVIEW Completed RECOMMENDATION The Planning Director recommends approval an Amendment to Jackson Land Development Regulations Table 5110.B.1 Common Review Procedures and Section 5120 Pre-application Conference. The Planning Director recommends approval of the first reading of Ordinances O & P regarding an Amendment to Jackson Land Development Regulations Table 5110.B.1 Common Review Procedures and Section 5120 Pre-application Conference. 3

4 SUGGESTED MOTION I move to make the findings 1-4 as set forth in Section 5150.D (General Standards) of the Land Development Regulations relating to 1) Consistency with purposes; 2) Consistency with Comprehensive Plan; 3) Consistency with land Development Regulations; and 4) Consistency with other Town Codes for Item P and direct staff to prepare ordinances for an Amendment to Jackson Land Development Regulations regarding Minor Development Plans. 4

5 Interpretation Conditional Use and Special Use Map & Text Amendment Table 5110 B.1 COMMON REVIEW PROCEDURES Planned Resort District Subdivision Final Plat Development Plan Minor Intermediate Application Completion Review x x x x x x x x x x x x x x x Fee Payment x x x x x x x x x x x x x x Staff Review and Recommendation o o o o o o o o *o o o o Planning Director A o o o A o o o A o o A o Town Engineer o o o o o o o o A Hearing Officer x o Major Planned Unit Development Zoning Compliance Verification Advertisement x x x x x x x x x x Public Hearing x x x x x x x x x x Design Review Committee 3 o o o Planning Commission/Board of Adjustment o o o 1 o o o A A Town Council A A A 2 A A A A A Key: x = Required o = Review and Recommendation A = Final Action 1 = Review and recommendation by Teton County Planning Commission (Ord 788, 3, 2004; Ord 779, 3, 2004; Ord , 2003; Ord. 580, 11, 1997) 2 = Review and recommendation by Teton County Board of County Commissioners Variance Appeal Beneficial Use Sign Permit* Grading Permit*

6 ORDINANCE O AN ORDINANCE AMENDING AND REENACTING SECTION 3 OF TOWN OF JACKSON ORDINANCE NOS. 779 AND 788, SECTION 1 OF TOWN OF JACKSON ORDINANCE NO. 736, SECTION 11 OF TOWN OF JACKSON ORDINANCE NO. 580, AND TABLE 5110.B.1 OF THE LAND DEVELOPMENT REGULATIONS, APPENDIX A TO THE MUNICIPAL CODE OF THE TOWN OF JACKSON, REGARDING COMMON REVIEW PROCEDURES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF JACKSON, WYOMING, IN REGULAR SESSION DULY ASSEMBLED THAT: SECTION I. Section 3 of Town of Jackson Ordinance Nos. 779 and 788, Section 1 of Town of Jackson Ordinance No. 736, Section 11 of Town of Jackson Ordinance No. 580, and Table 5110.B.1 Common Review Procedures of the Town of Jackson Land Development Regulations, Appendix A to the Municipal Code of the Town of Jackson, is hereby amended and reenacted to read as follows: Interpretation Conditional Use and Special Use Map & Text Amendment Table 5110 B.1 COMMON REVIEW PROCEDURES Planned Resort District Subdivision Final Plat Development Plan Minor Intermediate Application Completion Review x x x x x x x x x x x x x x x Fee Payment x x x x x x x x x x x x x x Staff Review and Recommendation o o o o o o o o o o o o Planning Director A o o o A o o o A o o A o Town Engineer o o o o o o o o A Hearing Officer x o Major Planned Unit Development Zoning Compliance Verification Advertisement x x x x x x x x x Public Hearing x x x x x x x x x Design Review Committee o o o Planning Commission/Board o o o 1 o o o A A of Adjustment Town Council A A A 2 A A A A A Variance Appeal Beneficial Use Sign Permit Grading Permit 1

7 Key: x = Required o = Review and Recommendation A = Final Action 1 = Review and recommendation by Teton County Planning Commission 2 = Review and recommendation by Teton County Board of County Commissioners (Ord 1, 2010; Ord 788 3, 2004; Ord 779 3, 2004; Ord , 2003; Ord , 1997) SECTION II. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of the ordinance. SECTION IV. This Ordinance shall become effective after its passage, approval and publication. PASSED 1ST READING THE DAY OF July, PASSED 2ND READING THE DAY OF August, PASSED AND APPROVED THE DAY OF August, ATTEST: TOWN OF JACKSON BY: Mark Barron, Mayor BY: Town Clerk STATE OF WYOMING ) ) ss. COUNTY OF TETON ) ATTESTATION OF TOWN CLERK I hereby certify that the foregoing Ordinance No. was duly published in the Jackson Hole News and Guide, a newspaper of general circulation published in the Town of Jackson, Wyoming, on the day of,

8 I further certify that the foregoing Ordinance was duly recorded on page of Book of Ordinances of the Town of Jackson, Wyoming. Town Clerk 3

9 ORDINANCE P AN ORDINANCE AMENDING AND REENACTING SECTION 5120.C.1 OF THE LAND DEVELOPMENT REGULATIONS, APPENDIX A TO THE MUNICIPAL CODE OF THE TOWN OF JACKSON, REGARDING PRE-APPLICATION CONFERENCE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF JACKSON, WYOMING, IN REGULAR SESSION DULY ASSEMBLED THAT: SECTION I. Section 5120.C.1 Pre-application Conference of the Town of Jackson Land Development Regulations, Appendix A to the Municipal Code of the Town of Jackson, is hereby amended and reenacted to read as follows: 1. General Overview. A Pre-application Conference shall be held prior to submission of an application for Development Plan except for Minor Development Plan applications, which shall be exempt from this provision. A Pre-application Conference may be requested prior to any application. The purpose of the Pre-application Conference is for the applicant to obtain information regarding the applicable provisions of these Land Development Regulations required to permit the development proposed. (Ord. 1, 2010.) SECTION II. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of the ordinance. SECTION IV. This Ordinance shall become effective after its passage, approval and publication. PASSED 1ST READING THE DAY OF July, PASSED 2ND READING THE DAY OF August, PASSED AND APPROVED THE DAY OF August, TOWN OF JACKSON 1

10 BY: Mark Barron, Mayor ATTEST: BY: Town Clerk STATE OF WYOMING ) ) ss. COUNTY OF TETON ) ATTESTATION OF TOWN CLERK I hereby certify that the foregoing Ordinance No. was duly published in the Jackson Hole News and Guide, a newspaper of general circulation published in the Town of Jackson, Wyoming, on the day of, I further certify that the foregoing Ordinance was duly recorded on page of Book of Ordinances of the Town of Jackson, Wyoming. Town Clerk 2