Agenda - Planning Commission - 11/02/2017

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Conditional Zoning Amendment City Code Section 117-50 permits the City to make a Zoning Amendment conditional upon a specific proposal. A concern was raised by the public at a previous public meeting that there was the potential to approve the Zoning Amendment, then have a different project come in based on the new zoning district. These two tools allow the City to protect itself from that scenario. The City Attorney has expressed some hesitation with this approach, but feels the concern can be adequately mitigated with the correct language in an agreement. The City Attorney wants to avoid perceptions of Contract Zoning (approval of a Zoning Amendment in exchange for some material consideration, namely cash), which is not permissible. The Developer (Paxmar) desires to have the Zoning Amendment approved, conditioned on substantial compliance with the current concept, before preparing preliminary plat materials (due to cost to prepare a Preliminary Plat). Ordinarily, the Zoning Amendment would run parallel with the Preliminary Plat, not before. Funding Source: All costs associated with processing the Application are the responsibility of the Developer. The Developer will be responsible for the costs of construction of all infrastructure internal to the site. The Developer has requested that a cost share agreement be approved for the final segment of Puma Street. The Developer proposes to share the cost between itself, the City, and Capstone Homes (Owner/Developer of parcel to the west). This will be discussed in detail with the Preliminary Plat. Action at this stage does not obligate or commit the City to any investment in the project. Recommendation: The proposed subdivision is a significant departure from what was originally planned. Staff needs some broad policy direction from the Planning Commission and City Council. The City has the ability to approve said project, but is not obligated to do so. Staff could point out a number of positives of this project, but also acknowledges those benefits come at a cost. Action: Motion to recommend that the City Council approve/deny the request for the Comprehensive Plan Amendment and Conditional Zoning Amendment. Attachments Site Location Map Sketch Plan Comprehensive Plan - Land Use Plan City Code Section 117-112 Staff Review Letter Form Review Inbox Reviewed By Date Tim Gladhill (Originator) Tim Gladhill 10/31/2017 09:19 AM Form Started By: Tim Gladhill Started On: 10/31/2017 08:11 AM Final Approval Date: 10/31/2017