Agenda New Castle Planning & Zoning Commission Regular Meeting Wednesday, September 11, 2013, 7:00 p.m., Town Hall

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1 Town of New Castle 450 W. Main Street PO Box 90 New Castle, CO Posted Remove 9/12/2013 Administration Department Phone: (970) Fax: (970) Agenda New Castle Planning & Zoning Commission Regular Meeting Wednesday, September 11, 2013, 7:00 p.m., Town Hall Call to Order, Roll Call, Meeting Notice Conflicts of Interest (Disclosures are on file with Town Clerk & Secretary of State) Citizen Comments on Items NOT on Agenda Public Hearing A. Consider amendments to the Lakota Golf Course Conditional Use Permit to permit construction of a Clubhouse, Cart-Barn, and Temporary Clubhouse. B. Consider PZ Resolution A Resolution of the New Castle Planning Commission Recommending Approval of Amendments to the Conditional Use Agreement for the Lakota Canyon Golf Club. Comments/Reports C. Items for next Planning and Zoning Agenda D. Commission Comments/Reports E. Staff Reports Review Minutes of Previous Meetings F. August 14, 2013 Minutes Adjournment

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45 New Castle Planning and Zoning Commission Meeting Wednesday, August 14, 2013, 7:00 p.m., Town Hall Call to Order Commission Chair Chuck Apostolik called the meeting to order at 7:00 p.m. Roll Call Present Absent Commissioner Borgard Commissioner Breslin Commissioner Riddile Commissioner Slack Commissioner Taylor Commissioner Holley Also present at the meeting were Town Planner Tim Cain, Assistant Town Attorney David Smith and Deputy Town Clerk Mindy Andis. DRAFT Meeting Notice Deputy Town Clerk Mindy Andis verified that her office gave notice of the meeting in accordance with Resolution TC Conflicts of Interest There were no conflicts of interest. Citizen Comments on Items NOT on the Agenda There were no citizen comments. Items for Consideration DRAFT Consider PZ Resolution A Resolution of the New Castle Planning Commission Recommending Approval of Amendments to Portions of the New Castle Municipal Code Concerning Parkland Dedication Requirements. Chair Apostolik opened the public hearing at 7:01pm. Planner Cain summarized his staff report, which is attached as exhibit A to these minutes. Planner Cain stated that there is a $ recreational fee collected at the time of permit for new construction that is only used for capital improvements and not for operation and maintenance of parks. There are two sales taxes used for operation and maintenance of parks. One is.25% sales tax and the other is.50% sales tax. The amount of these sales taxes have not been enough to build a park. River Park and VIX Park were both built on donated property. The code currently requires a DRAFT Planning & Zoning Commission Wednesday, August 14,

46 developer to dedicate 10% of land for parks, open space, trails and other public purposes. Part of the 10% can be dedicated for schools. Planner Cain went on to explained there are two parts to the resolution. The first one is to increase the required land dedication to 12%. The second part is the cash in lieu of land dedication that can be set by a council resolution. Currently the cash in lieu is set at $120,000 per acre. Assistant Town Attorney Smith explained the proposed Resolution PZ that recommends changes to portions of the code concerning parkland dedication requirements. Part of the change to the code will be to increase the flexibility and incentivize the developers for the overall park needs for the town in a much grander scale rather than subdivision by subdivision. With the changes, developers could have the option to construct a park and get credit towards the land dedication requirement, which is more consistent with state law. The goal is to have developers, if they so choose, to build on their dedicated land, or to donate cash and build on one of the towns existing vacant properties. The town will give credit towards the parkland dedication requirement. The decision is to have a reasonable demanded that the town is making and the impact that is created by the development. Historically that is why developments have added the amenities within their boundaries. DRAFT Chair Apotolik asked if the cash in lieu for parkland dedication could be turned over to the Recreation Department for purchase of usable equipment, or if it has to be used directly for improvement of land, and how restrictive it will be. Assistant Town Attorney Smith said it is restrictive by the funds being placed in a recreation fund to be established and maintained by the town for the use for the acquisition of land and for the improvement of parks, playground and recreation areas in the town, and may benefit the residents of the town in general, as well as those of the proposed subdivision. As the code is written now it is for capital improvements. The requirement is to dedicated land. DRAFT The resolution gives developers three options: 1) give 12% dedicated land 2) give cash in lieu 3) give part land and develop a park. The current code for cash in lieu is credit for private recreation. The proposed change will be for any facility the developer chooses to construct. The resolution is laid out in its entirety all of the land dedication sections. The changes are: 1) increasing the percentage of dedicated land from 10% to 12% 2) constructing private facility to private or public facility. Chair Apostolik asked about lowering the grade of dedicated land from 35% to 30%. Assistant Town Attorney Smith said that could be changed in the resolution. Chair Apostolik closed the public hearing at 7:36pm. Planning & Zoning Commission Wednesday, August 14, 2013 DRAFT 2

47 Motion: Commissioner Borgard made a motion to approve Resolution PZ , A Resolution of the New Castle Planning Commission Recommending Approval of Amendments to Portions of the New Castle Municipal Code Concerning Parkland Dedication Requirements with the recommended changes which includes dedication of a minimum from 10 to 12 percent andsteep slopes (over 35 percent grade) changed to (over 30 percent grade). Chair Apostolik seconded the motion and passed unanimously. Items for next Planning and Zoning Agenda Planner Cain informed the commission it is possible Lakota Canyon Ranch will come in with an amended Conditional Use Permit (CUP) for building of a clubhouse. The amended CUP would be on September 11 agenda. Commission Comments and Reports Commissioner Breslin briefed the commission how the council had handled their recommendation for the three remaining marijuana uses. Staff Reports Planner Cain reminded the commission about the grant deadlines for this month. The grants are for the community sports park. DRAFT Review Minutes from Previous Meeting Motion: Commissioner Breslin made a motion to approve the minutes from July 24, 2013 as submitted. Commissioner Borgard seconded the motion and it passed unanimously. Motion: Commission Chair Apostolik made a motion to adjourn the meeting. Commissioner Breslin seconded the motion and it passed unanimously. The meeting adjourned at 7:43 p.m. Respectfully Submitted, Deputy Town Clerk Mindy Andis DRAFT Planning and Zoning Commission Chair Chuck Apostolik DRAFT Planning & Zoning Commission Wednesday, August 14,