To: Honorable Mayor and Members of Town Council
From: Sandy Vossler, Senior Planner, Development Services Department
Title
Ordinance: Approving the Annexation to the Town of Castle Rock, Colorado a 59.931 Acre Parcel in Sections 21 and 28, Township 7 South, Range 67 West of the 6th Principal Meridian, County of Douglas, State of Colorado (Lower East Plum Creek Park and Open Space Annexation) (Second Reading) [Southwest of the Plum Creek Water Treatment Facility and Highway 85]
Body
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PUBLIC HEARING
The Town Council will now consider a request for the approval of Ordinance: Approving the Annexation to the Town of Castle Rock, Colorado a 59.931 Acre Parcel in Sections 21 and 28, Township 7 South, Range 67 West of the 6th Principal Meridian, County of Douglas, State of Colorado (Lower East Plum Creek Park and Open Space Annexation) (First Reading).
In order to afford all parties due process under law, the Town Council members must be fair and impartial in deciding whether this application should be approved, approved with conditions, or denied. In making that determination, each Councilmember must consider the record, which includes the planning commission recommendation, the staff recommendation, the applicant presentation, public comment presented during the hearing, and other written public comments offered before or during the hearing. Under law, Town Council must evaluate this proposal based solely upon the record and the criteria established under the Municipal Code, which are highlighted in the staff report.
It is important that each Councilmember remain objective and capable of considering information offered into the record during this hearing.
Does any Councilmember believe that he or she is incapable of evaluating and voting on the application consistent with these due process requirements? If so, please describe the situation and recuse yourself from further participation on this agenda item.
Does any Councilmember have a conflict of interest or any other matter he or she would like to disclose prior to proceeding on this item?
The Council will hear from the applicant, the public and staff. Time for this public hearing is allotted as follows:
Staff Report: as needed
Applicant Presentation: as needed
Public Comment: as needed
Applicant Response as needed
Council Questions: as needed
Follow-up Questions: as needed
Madame Clerk, has this public hearing been properly noticed under the applicable regulations for this type of land use hearing? (Clerk to refer to certification from Development Services, describing the notice).
Mr. Detweiler, the staff introduction please
(Public hearing is conducted, applicant presentation, public comment, applicant response, questions from Council)
Do any Council members have any final questions of staff or the applicant before I close the public hearing and refer this to the Council for action?
I now close the public hearing and refer this to Council for discussion and action.
AGENDA MEMORANDUM
To: Honorable Mayor and Members of Town Council
From: Sandy Vossler, Senior Planner, Development Services Department
Title: Ordinance: Approving the Annexation to the Town of Castle Rock, Colorado a 59.931 Acre Parcel in Sections 21 and 28, Township 7 South, Range 67 West of the 6th Principal Meridian, County of Douglas, State of Colorado (Lower East Plum Creek Park and Open Space Annexation) (Second Reading)
[Southwest of the Plum Creek Water Treatment Facility and Highway 85]
Council approved the Ordinance by a vote of 5 to 0 on December 15, 2015.
Executive Summary
The Town of Castle Rock is proposing the annexation of approximately 59.9 acres of property located between the Union Pacific (UP) Railroad (RR) and the Burlington Northern/Santa (BNSF) Fe RR, and north of Castle Rock Parkway (Attachments A & B). The Town-owned property is proposed to be zoned Parks, Recreation and Open Space -1 (POS-1) (Attachment C). Permitted uses adjacent to the property include open space, commercial, office, and retail to the south and east; the Plum Creek Water Reclamation Authority (PCWRA) facility and US Highway 85 to the north and incorporated Douglas County - Agricultural 1 to the west.
The Town of Castle Rock Utilities Department is planning to construct a diversion structure on the property, along East Plum Creek; a use that is allowed under the POS-1 zoning as a Use by Special Review (UBSR). The diversion structure is a structure that will allow the Town to pull renewable water out of East Plum Creek. This diversion is a key part of Castle Rock’s long-term renewable water plan. The UBSR will be presented to Town Council for consideration at a future date.
Staff review of this application confirms that the relevant Colorado Revised Statutes, Town policies and code standards have been met. Staff will update Town Council on the Planning Commission’s recommendation following the December 10th Planning Commission meeting (Attachment D).
Findings and Recommendation
Staff finds that the proposed annexation and zoning
• Meets the Statutory requirements of §§31-12-104(1) (a) and 31-12-105, C.R.S.
• Complies with the Town of Castle Rock Vision 2020/Comprehensive Master Plan.
• Municipal Code Chapter 20.02.
Staff recommends that Town Council approve the proposed Lower East Plum Creek Annexation and Zoning.
Proposed Motion
Annexation
I move to approve the Ordinance approving the annexation to the Town of Castle Rock, Colorado a 59.931 acre parcel in Sections 21 and 28, Township 7 South, Range 67 West of the 6th Principal Meridian, County of Douglas, State of Colorado (Lower East Plum Creek Park and Open Space Annexation).
Attachments
Attachment A: Vicinity Map
Attachment B: Annexation Ordinance
Attachment C: Zoning Ordinance
Attachment D: Staff Update