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HomeMy WebLinkAbout2022-12-13 Planning MIN ASHLAND PLANNING COMMISSION REGULAR MEETING Minutes December 13, 2022 I.CALL TO ORDER:7:00 PM Chair Haywood Norton called the meeting to order at 7:00p.m.in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present:Staff Present: Michael DawkinsBrandon Goldman, InterimCommunity Development Director Haywood NortonDerek Severson, Senior Planner Lynn ThompsonAaron Anderson, Senior Planner Eric HerronMichael Sullivan, Executive Assistant Doug Knauer Absent Members:Council Liaison: Kerry KenCairnPaula Hyatt Lisa Verner II.ANNOUNCEMENTS Chair Norton noted that Commission Thompson was attending the meetingremotelydue to illness. InterimCommunity Development DirectorBrandon Goldmanmade the following announcements: The City Council approved PA-T3-2022-00004, 1511 Highway 99 North at its December 6, 2022 meeting. On January 3, 2023 the Council will hear an appeal of the Planning Commission’s decision to deny PA-T2-2022- 00037,165 Water Street.This was originally going to be heard by the Council on June 21, 2022, but was postponed at the request of the applicant. The Social Equity and Racial Justice Commission is requesting that a member of the Commission join them at a future meeting to discuss the Commission’s role is fostering social equity. III.CONSENT AGENDA A.Approval of Minutes 1.November 8, 2022 Regular Meeting 2.November 22, 2022 Study Session Commissioners Michael/Knauer m/s to approve the Consent Agenda.Voice Vote: all AYES. Motion passed. 5-0. IV.PUBLIC FORUM–None V.LEGISLATIVE HEARING: A.PLANNINGACTION:PA-L-2022-00015 APPLICANT:CityofAshland ORDINANCEREFERENCES:AMC18.2.2 BaseZones&AllowedUses AMC18.2.3.145FoodTrucksandFoodCarts Ashland Planning Commission December 13, 2022 Page 1of 6 AMC18.3.2CromanMillDistrict AMC18.3.3HealthCareServicesDistrict AMC18.3.4NormalNeighborhoodDistrict AMC18.3.5N.MountainNeighborhoodDistrict AMC18.5.4ConditionalUsePermits AMC18.6.1.030.FDefinitions REQUEST:The proposal would amend the Ashland Land Use Ordinance to provide additional options for food trucks and food carts in a new section AMC 18.2.3.145 ‘Food Trucks and Food Carts.’ Staff Presentation Senior Planner Derek Severson provided the Commission with a brief presentation on thecurrent state of draft ordinance PA-L- 2022-00015. He detailed the current limited allowances for food trucks, which include short-term events, permitting as an accessory to an existing use,orwith a Conditional Use Permit (CUP). Mr. Severson detailed the changes that staff had proposed to the allowances for short-term events and CUPs, but that the accessory to an existing use criteria would remain unchanged. As proposed, the Ministerial Permits would allow up to three food trucks in an approved plaza space or parking areaat a time, with any exceptions requiring a Site Design Review.Mr. Severson stressed that food trucks or carts would not be permitted in residential areas, but that thetemporary use allowance currently in the Ashland Municipal Code (AMC) applies across zones and could permit food trucks in residential or downtown areas for short-term events(see attachment #1). Deliberation and Recommendations Commissioner Thompson expressed concern that some of the references to approved plaza space within the draftordinance was unclear. She suggested that staff remove the term “existing approved plaza space”in subsection Aand replace it with “initial caps review plaza space.”Commissioner Thompson also recommended that staff addfurther clarity regarding food trucks on private property or approved plaza spacesin subsection E. Chair Norton closed the Public Hearing at 7:13 p.m. Chair Norton reopened the Public Hearing to give late attendants to the meeting an opportunity to speak on the matter. Chair Norton closed the Public Hearing at 7:17p.m. Commissioners Dawkins/Knauer m/s to recommend the draft ordinance to the City Council with the proposed clarifications.Voice Vote: all AYES. Motion passed. 5-0. VI.TYPE I PUBLIC HEARINGS -APPEAL A.PLANNING ACTION:PA-APPEAL-2022-00017 Appealing PA-T1-2022-00185 SUBJECT PROPERTY:897 Hillview Drive APPLICANT & OWNER:Suncrest Homes, LLC DESCRIPTION:An appeal of the administrative approval of planning action #PA-T1-2022-00185, An approval for a two-lot partition of a 0.36-acre lot.The tentative partition plat submitted with the application indicates that the two resultant parcels will be 0.18 and 0.17 acres in size. The application includes detailed findings explaining how the proposal meets the relevant criteria. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5;MAP: 39 1E 15 AC;TAX LOT:900 Chair Norton recited the public hearing procedures for land use hearings. Ashland Planning Commission December 13, 2022 Page 2of 6 Ex Parte Contact No ex parte contact was reported. Commissioners Dawkins, Knauer, and Norton conducted site visits. Staff Presentation Senior Planner Aaron Anderson began by noting a clerical error regarding the notice for this item. The planning action number was noticed as“PA-APPEAL-2022-00015”andshouldinstead haveread “PA-APPEAL-2022-00017.” Mr. Anderson briefly outlined the timeline for the project,includingits approval by staffon October 20, 2022and its subsequent appealon November 1, 2022.He drew the Commission’s attention to a map of the preliminary partition plat showing an eight-foot flagpole on the property, but added that the applicant was proposing an additional two-foot easement across parcel one so in order to provide a ten-foot legal access to the lot (see attachment #2). Mr. Anderson then listed the requisite approval criteria under AMC 18.5.3.050, notingthat the application had satisfied all of those criteria, and recommended that the original staff approval be upheldand the appeal denied. Questions of Staff Commissioner Thompson inquired if this property was considered a flag lot, to which Mr. Anderson responded that it is. Commissioner Knauer commented that the map used in the noticing of this project seemed to indicate that the alleyterminates prior to the property in question. Mr. Anderson responded that the City’s GIS may suggest that, but the alley actually ends at the northern end of the lot. Commissioner Knauer requested clarification on how this partition could impact the alley in terms of vehicle access to the lot. Mr. Anderson responded that there is currently only one lot with access to the alley, which would stillbe the case after the partition in question, so staff saw no increase in use of the alley. Mr. Anderson elaboratedthat staff had spoken to the Public Works Department, whose only requirement for this project would be additional grading and laying down gravel for the alley’s improvement. He added that staff does not require improvements to existing alleys.Commissioner Knauer remarked thatstaff’s requirement for the alley to be used for vehicular access would increase its use. Mr. Anderson pointed out that the lot owner is currently permitted to use and park vehicles down the alley, an allowance which will continue after the lot is partitioned. There was general discussion about the use of the alley for vehicular accessand parking. Commissioner Thompson requested clarification regarding the required 4ftwidepedestrian access to the back parcel, notingthat the proposed pedestrian accessappeared toonly connect tothe front parcel.Mr. Anderson responded thatthe proposed pedestrian access would also serve the back parcel, and that the applicant would be providinga 10ft widepaveddriveway,which would fulfill the pedestrian access requirements andexceedthe 4ft wide minimum. Mr. Anderson referred to page 94 of the Commission's packetto show how the proposed driveway would provide vehicular and pedestrian accessfrom Hillview Driveto parcel 2.He added that there would also be vehicular access to parcel 2 from the alley.Commissioner Knauer inquired if the driveway would run the length of the property between Hillview Drive and the alley. Mr. Anderson responded that the driveway would not provide a throughway connectionto the alleyfrom the street,but that such a connection could be approved in a future planning action if an applicant applied forit. Chair Norton remarked that the drivewaycould have provided vehicular access to both parcels without the need for any access from the alley, but that had not been proposed by the applicants. Mr. Goldman pointed out thatthe applicantshadproposed placing all three required parking spaces in front of the house, not along the alley. He added thatthe flag lot partition standards require thatparking access from the alleyway be accommodated, but that he believed that the applicant would not be utilizing those parking spaces. Applicant Presentation Applicant Charlie Hamilton gave a description of the developmental process that the project had gone throughthus far,and detailedhis work with the City to ensure that nearby residents not be required to undergo an address change as a result of the partition.He noted nearby residents’opposition to parcel 2 having its primary access from the alley, and that that was why the driveway extensionfrom Hillview Drive was included in the proposal. Mr. Hamilton stated that he worked to assuage many of the concerns oftheneighborsopposed to the partition, including those of the appellant, Chuck Smith. He outlinedhowmany of Mr. Smith’s concerns lay with water runoffand its impact on his propertyat 895 Hillview Drive.Mr. Hamilton listed the ways in which he would address these issues, including a catch-basin on the northwest corner of the lot,perimeter drains for each dwelling,and Ashland Planning Commission December 13, 2022 Page 3of 6 attempting to capture water runoff inundatingMr. Smith’s property. Mr. Hamilton concluded by detailing how his team had conducted an unrequired neighborhood meeting in order to address concerns from local residents. Appellant Presentation Mr. Smith requested that the Commission uphold the appeal and deny the original application. He citeda similar partition at 893 Hillview Drive that was denied by the Commission on December 12, 2005, and detailed howthenearly fifty neighbors he spoke with opposed the current partition. Mr. Smithstated that he opposed the partition primarily due to water runoff in the neighborhood, citingthe design standards dealing with surface water drainage in AMC 18.5.3.050.He providedthe Commission with a presentationdetailing the water damage that his property hadsustained due to water runoff.He related how he had already installed curtain drainson his property due tothewater runoffthat passesthrough 897 Hillview Drive and saturateshis propertyat 895 Hillview Drive, and requested that the applicant be required to install a French drain in order to mitigate water damage as a condition of approval.Mr. Smith detailed the drainage system that comes down from Ross Lane and connects with a dry well and drainage system along the alleyway, and stated that treesplanted in the easement between 897 and 895 Hillview Drive are clogging his drain-line. He noted that the City had required that he install a wet trench with a 24inch-wide footing when he added an addition to his property. Mr. Smith then read testimony from the previous owner of 897 Hillview that was given at the December 12, 2005 Planning Commission Meeting (see attachment #4).He concluded by stating that a flag lot would be out of character with the neighborhood and requested that the Commission uphold the appeal and deny the project. Chair Norton asked if staff was aware of the easement before the meeting. Mr. Anderson responded that staff was made aware before the meeting of the easement for the TID drainage, and that there is alsoCity infrastructure along the easement. Public Testimony Keith Kleinedler/Mr. Kleinedler voiced support for the appellant, and detailed the December 12, 2005 Planning Commission Meeting. He stated that the water runoff and flooding was his main reason to oppose the partition, and pointed to the flooding that the neighborhood already sustains from the alleyway. He implored the City to make substantial improvements to the drainage systems that are unable to handle the significant amount of water runoff from Ross Lane,and from theOur Lady of the Mountain churchparking lotat 987 Hillview Drive. Applicant Rebuttal Zac Moody stated that the Staff Report had detailed all the relevant materials.He noted that many of the appellant’s issues with the project were related to stormwater, and that the City’s Public Works departmenthadidentified areas that could drain water from the site to Hillview Drive. He added that additional impervious surface will be added as part of the partition, but that the added drainage systems will help to divert water from flowing onto the neighboring properties. Addressing the issue of the subject property having too much pavement, Mr. Moody pointed out that the applicant was required to include driveways and meet other building minimum standards. He notedthat the Comprehensive Plan allows for increased dwelling density in this neighborhood, particularlywith the adoption of House Bill 2001. Mr. Moody stated that the proposed partition is the minimum that could be done with the parcel in light of recent house bills,but that the applicants are content with the subject plan.He addedthat it is the intention of the applicants to provide additional housingin the neighborhood. Mr. Moody stated that easements are generally addressed at the final platby a surveyor,but that he was unaware of the easement until it was raised at the meeting. He assured the Commission that the buildings would not be built over the easement, because that would have resulted in a denial of the proposal during the applicationprocess. Mr. Moody stated that there are numerous criteria that any application has to meet in order to be approved, such as tree preservation, solar, wildfire hazard,and setbacks, andthe applicant will be removing cypress tress as they pose a potential fire hazard. Other trees may be removed if they interfere with the building footprint, but there is no current plan to remove any more trees than necessary. Mr. Moody noted that the footing issue raised by the appellant is not a partition standard or criteria, and will be addressedduring the building application phase. Ashland Planning Commission December 13, 2022 Page 4of 6 Mr. Moody concluded by addressing Mr. Kleinedler’s comments regarding the housingapprovalstandards. He stated that much had changed in city planning since the December 12, 2005 decision by the Commission to deny the partition of 893 Hillview Drive. He reiterated that the new proposed partition is the minimum that could be done with the parcelin light of recent code changes. Chair Norton closed the Public Hearing and Public Record at 8:27 p.m. Deliberations and Decision Commissioner Dawkins sympathized with the neighbors who did not want to see thepartitioning of theparcel in question, but that the main topic in question was water runoff. He stated that he would have a difficult time denying the application based on criteria thatneitherthe applicant norappellant could control. Commissioner Dawkins stated that he appreciated the neighbor’s desire to keep the neighborhood as single dwellings only, which echoed the argument madeat the 2005 meeting. Commissioner Dawkins pointed out that the water runoff was coming down the alley from the south, aided by the parking lot from the nearby church, which is something that the City could examine and addressin the future. Chair Norton noted that the applicant had proposed four voluntary conditions for approval, butthatcondition #1should be removed because there would be no way for the City to enforce it. Commissioners Knauer/Herron m/s to deny the appeal with the conditionsproposed, excluding condition #1.Roll Call Vote: all AYES. Motion passed. 5-0. Chair Norton stated that the AMC has changed in the 17 years since a similar partition was deniedin 2005, and that variances and exceptions are no long required of such applications if they meet certaincriteria. He commented that the appellants are the first to come before the Commission with the new guidelines in place, and that the Commission may need to make some unpopular decisions in order to abide by recent code changes. He thanked the applicants and the appellant for theircivility. Mr. Goldman informed the Commission that staff had prepared the Findings for the item in the event that the appeal was denied, and that the Findings could be approved by the Commission at this time if it wished. He added that the first condition would be removed from the Findings in accordance with the Commission’s denial of the appeal. Commissioners Dawkins/Thompson m/s to approve the Findings with the conditions proposed, excluding condition #1. Voice Vote: all AYES. Motion passed. 5-0. VII. OPEN DISCUSSION Chair Norton informed the Commission that the Social Equity and Racial Justice Advisory Committee(SERJAC)hadrequested thata Commissionerattenda future committee meeting detailingtheir Commissionuses the lens of social equity when making land use decisions. Councilor DuQuenne commended the Commission’s earlier presentation given by Commissioner Knauer at the May 7, 2022 SERJACmeeting, and hoped that a member of the Commission would go before the Committee and provide a similar report.Commissioner Knauer commented that he would be willing to provide another presentation to SERJAC,but that any Commissioners should feel welcome to assumethat duty. Chair Norton statedthat the Commission is bound to the existing code,and must remain objective when makingland use decisions.Commissioner Knauer commented that it is his intention to bringSERJAC’srecommendationsback to the Commission to discuss how best to incorporate them into itsdecision-making process.Mr. Severson pointed out that the Housing Production Strategy, as well as the Climate-Friendly and Equitable Communities (CFEC) guidelines from the state, will incorporate an anti- displacement tool that will overlap with SERJAC’s recommendations. Mr. Goldman detailed how the Commission must use codified code standards when examining planning actions, but that it could use itsrole in advising legislation to promote social equity and racial justice. Chair Norton suggested that a member of staff accompany the attending Commissioner to theSERJAC meeting.Mr. Severson pointed out that the City’s CFEC representative will likely go before SERJAC before a member of the Commission will have an opportunity to attend their meeting. Ashland Planning Commission December 13, 2022 Page 5of 6 Commissioner Dawkins informed the Commission that he has been diagnosed with late-stageprostatecancer. He stated that he would may need to resign his position on the Commissionin the future, but that he will remain a member as long as he can. The Commission expressed appreciation for Commissioner Dawkins and offeredhimtheir support. There was general discussion regarding approved projects that have begun construction and will provide additional housing. Mr. Goldman stated that such developments could open up houses that are currently being used by college students for group housing. VIII.ADJOURNMENT Meeting adjourned at 8:56p.m. Submitted by, Michael Sullivan, ExecutiveAssistant Ashland Planning Commission December 13, 2022 Page 6of 6 Food Trucks & Food Carts Planning Commission December 13, 2022 Public Hearing PLANNING COMMISSION Food Trucks & Food Carts As Currently Allowed Accessory to ExistingConditional Use Permit Short Term Events AMC 18.5.4 AMC 18.2.2.030.H 2 PLANNING COMMISSION Food Trucks & Food Carts As Proposed Accessory to Existing Conditional Use Permit Short Term Events Unchanged AMC 18.5.4 Added Section for Food Trucks Up to 1/Month Food Trucks Proposed in the Downtown 3 PLANNING COMMISSION Food Trucks & Food Carts As Proposed Ministerial Permits Site Design Review Not Allowed Up to 3 Carts/Trucks Pod >3 In Residential Zones* Approved Plaza or Parking Or Outside Plaza or Parking 4 NEXT STEPS? Planning Commission recommendation tonight Council hearing & ordinance February 21 st 5 Food Trucks & Food Carts Planning Commission December 13, 2022 Public Hearing 897 Hillview Land Partition Appeal Planning Commission Appeal Hearing December 13, 2022 SUBMITTAL DATE: May 13, 2022 DEEMED COMPLETE DATE: May 31, 2022 STAFF APPROVAL DATE: October 20, 2022 APPEALED: November 1, 2022 120-DAY DEADLINE: waived by applicant +90 days. 120+90 DEADLINE: December 30, 2022 897 Hillview Dr. Appeal AnappealoftheStaffAdvisor’sapprovalofarequest LandPartition foratopartitionthepropertyintotwo lots. •Theparentparcelisa0.39-acrelot. •Thetentativepartitionplatsubmittedwiththe applicationshowstwoparcelswithaneight-foot flagpoletothestreet. 897 Hillview Appeal Vicinity Map 897 Hillview Appeal Vicinity Map 897 Hillview Appeal Partition Plat 897 Hillview Appeal Partition Plat 897 Hillview Appeal 18.5.3.050 Preliminary Partition Plat Criteria The approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met. A.The future use for urban purposes of the remainder of the tract will not be impeded. B.The development of the remainder of any adjoining land or access thereto will not be impeded. C.The partition plan conforms to applicable City-adopted neighborhood or district plans, if any, and any previous land use approvals for the subject area. •Thereisnoneighborhoodordistrictplanorconditionofapprovalfrompreviouslanduseactions thatapplytothesubjectproperty. D.The tract of land has not been partitioned for 12 months. •Thetractoflandhasnotbeenpartitionedfor12months. 897 Hillview Appeal 18.5.3.050 Preliminary Partition Plat Criteria E.Proposedlotsconformtotherequirementsoftheunderlyingzone,perpart18.2, anyapplicableoverlayzonerequirements,perpart18.3,andanyapplicable developmentstandards,perpart18.4(e.g.,parkingandaccess,treepreservation, solaraccessandorientation). •The proposed lots conform to the base standards of the zone including lot size, lot coverage, etc. F.Accessestoindividuallotsconformtothestandardsinsection18.4.3.080Vehicle AreaDesign.Seealso,18.5.3.060AdditionalPreliminaryFlagLotPartitionPlat Criteria. •TheapplicanthasshownthattheretworequiredparkingspacescanbeservedofftheAlley,and hasprovidedsecondaryvehicularaccessacrosstheeight-footflagpoleandatwo-footeasementon thefrontlot. G.Theproposedstreets,utilities,andsurfacewaterdrainagefacilitiesconformtothe streetdesignstandardsandotherrequirementsinpart18.4,andallowfor transitionstoexistingandpotentialfuturedevelopmentonadjacentlands.The preliminaryplatshallidentifyallproposedpublicimprovementsanddedications. •Adjacentrights-of-wayhavecityserviceswithadequatecapacitytoserveonenewlot.Nopublic improvementsareproposedwiththecurrentlanduseaction,andtheapplicanthasproposedto sign-infavorofafutureLocalImprovementDistrictforthefutureimprovements.PublicWorkshas confirmedthatthereisasix-inchstormdrainmainthatcrossesHillviewwhichconnectstoa15- inchmainandhasadequatecapacity 897 Hillview Appeal 18.5.3.050 Preliminary Partition Plat Criteria (cont’d) H.Unpaved Streets. 1.MinimumStreetImprovement.Whenthereexistsa20-footwideaccessalongthe entirestreetfrontageoftheparceltothenearestfullyimprovedcollectoror arterialstreet,asdesignatedintheComprehensivePlan,suchaccessshallbe improvedwithanasphalticconcretepavementdesignedfortheuseofthe proposedstreet.Theminimumwidthofthestreetshallbe20-feetwithallwork doneunderpermitofthePublicWorksDepartment. I.Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. J.RequiredStateandFederalpermits,asapplicable,havebeenobtainedorcan reasonablybeobtainedpriortodevelopment. •TherearenoStateorapplicableFederalpermitsthatareapplicabletothefuturedevelopmentof theproperty K.Apartitionplatcontainingoneormoreflaglotsshalladditionallymeetthecriteria insection18.5.3.060. 897 Hillview Land Partition Appeal Planning Commission Appeal Hearing December 13, 2022 SUBMITTAL DATE: May 13, 2022 DEEMED COMPLETE DATE: May 31, 2022 STAFF APPROVAL DATE: October 20, 2022 APPEALED: November 1, 2022 120-DAY DEADLINE: waived by applicant +90 days. 120+90 DEADLINE: December 30, 2022 897HillivewDr. Appeal Appeal Issues Subsequent to the approval, Chuck Smith appealed the application. This appeal followed 897 Hillview Minor Land Partition Planning Commission Appeal Hearing December 13, 2020 StaffRecommendation Staff recommends that the appeal be denied and that the original staff approval be upheld with the conditions recommended in the staff report, as detailed in your packets. 345 Clinton St. Appeal Partition Plat Planning Action PA-11-2002-00185 897 Hillview Drive lot partition and construction of two houses. by Charlie Hamilton of Suncrest Homes PA-APPEAL 2022-000185 Appealing: Planning Action PA-11-2002-00185 I have personally talked with 50 individuals in this neighborhood on both Harmony Lane and Hillview Drive Most do not want this lot to be split and would like to see a single house constructed on this lot. -End of Soapbox Storm Drainage and Surface Water 18.4.6.080 Management Facilities .Storm Drainage Plan AApproval. Development permits for storm drainage and surface water management plans must be approved by the City Engineer and Building Official. Accommodation of Upstream Drainage B.. Culverts and other drainage facilities shall be sized to accommodate existing and projected future runoff from upstream drainage area, considering the City’s adopted facility master plans and applicable standards. Such facilities shall be subject to review and approval by the City Engineer. Existing Watercourse E.. Where a watercourse, drainage way, channel, or stream traverses a proposed development site, there shall be provided a storm water easement or drainage right-of- way conforming substantially with the boundary or centerline of such watercourse, as applicable, and such further width as will be adequate for conveyance and maintenance to protect the public health and safety. 1.Alley behind 897 Hillview is swampy at various times of the year a.Rain water run off... b.Runoff from homes on Harmony Lane above the alley flow north-east down the alley. c.The alley stops at the corner of 897 and 895 Hillview on the alley and has nowhere to go. d.Historically, during the winter, rain water runoff has run through 897, 895, 893, and 873 Hillview Drive from the alley unabated. i.To abate rain runoff some Hillview residents below the alley have had to install 1.French drains 2.897 Hillview tree roots and runners are clogging neighbors French drain lines, reducing water runoff collection capability. 3.Sump pumps 4.Had to raising foundation height 5.Had to regrade property to redirect runoff e.To abate and collect water runoff. i.897 Hillview rain gutters need to be tied to city storm drain ii.897 required to install French drain along north property boundary to collect water iii.French drain tied to storm drain. f.City of Ashland should be required: i.Construct a collection point at the end of the alley to remover water runoff through their storm drain easement through the alley. ii.Make provisions on alley storm drain line to collect Harmony Lane rain gutter lines 18.5.3.040 Preliminary Plat Submissions B. 2. e.The Base Flood Elevation, Floodplain Corridor Elevation, and Floodplain Boundary, per the Ashland Floodplain Corridor Maps, as applicable; 18.5.3.050 Preliminary Partition Plat Criteria and surface water G.The proposed streets, utilities, drainage facilities conform to the street design standards and other requirements in part 18.4, and allow for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications.