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 P10-045: A PROPOSED AMENDMENT TO THE JACKSON LAND DEVELOPMENT REGULATIONS FOR REVISIONS TO SECTION REGARDING SKETCH PLAN EXPIRATION TOWN OF JACKSON REQUESTED ACTION The purpose of this item is to consider an Amendment to the Land Development Regulations Section C.3.b Sketch Plans to include an effective date for expiration. APPLICABLE REGULATIONS Section 5150 Amendments to these Land Development Regulations Section C.3.b Sketch Plans BACKGROUND/ALTERNATIVES Recently, the Town Council updated the expiration dates of Final Development Plans, Conditional Use Permits, and Variances. Staff has identified Sketch Plans as an application that currently does not have an expiration date, but has determined that one is appropriate to align with other development permit applications. STAFF ANALYSIS Staff is proposing that a Sketch Plan be valid for a two year period with the opportunity for another three years with the approval of a Final Development Plan. Similar to the timeframe of a Master Plan for a Planned Mixed Use Development, the total timeframe will be five years. The proposed amendment for consideration shall be inserted in Section C.3.b Expiration of Sketch Plans (3) Effect of Sketch Plan Approval. A Sketch Plan shall expire two (2) years from the date of Town Council approval unless an application for a Final Development Plan is submitted prior to the expiration date. PLANNING COMMISSION RECOMMENDATION 1

2 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. 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. 2

3 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 Ordinance Q FISCAL IMPACT None identified STAFF IMPACT None identified LEGAL REVIEW Completed RECOMMENDATION The Planning Director recommends approval an Amendment to Jackson Land Development Regulations Section C.3.b. Sketch Plan. The Planning Director recommends approval of the first reading of Ordinance Q regarding an Amendment to Jackson Land Development Regulations Section C.3.b. Sketch Plan. 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 and ordinance for an Amendment to Jackson Land Development Regulations regarding Sketch Plan expiration. 3

4 ORDINANCE Q AN ORDINANCE AMENDING AND REENACTING SECTION 2 OF TOWN OF JACKSON ORDINANCE NOS. 815 AND 819, AND SECTION C.3.b OF THE TOWN OF JACKSON LAND DEVELOPMENT REGULATIONS, APPENDIX A TO THE MUNICIPAL CODE OF THE TOWN OF JACKSON, TO ADD SECTION C.3.b(3) REGARDING EFFECT OF SKETCH PLAN APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF JACKSON, WYOMING, IN REGULAR SESSION DULY ASSEMBLED THAT: SECTION I. Section C.3b 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 add the following subsection: (3) Effect of Sketch Plan Approval. A Sketch Plan shall expire two (2) years from the date of Town Council approval unless an application for a Final Development Plan is submitted prior to the expiration date. (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,

5 TOWN OF JACKSON 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