To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Tara Vargish, Director of Development Services
Title
Ordinance Amending Section 17.48.090 of the Castle Rock Municipal Code Regarding the Approval of Variances from the Town’s Skyline/Ridgeline Protection Regulations (Second Reading - Approved on First Reading on August 15, 2023 by a vote 6-1)
Body
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Executive Summary
At the July 18, 2023, Town Council meeting, Town Council heard a presentation on the history of the Skyline/Ridgeline Ordinance and more specifically the details concerning the variance approval authority established by the 1999 ordinance. Staff prepared a discussion memo and presented a summary concerning the methodology of the ordinance as well as the historic outcomes of the limited variance requests received by the Town since 1999. Staff has attached the previous memo for reference (Attachment C). Town Council voted 7-0 to direct staff to draft and bring back an ordinance formalizing the recommended changes to the Skyline/Ridgeline Ordinance presented in the discussion memo.
Discussion
Town Council, after reviewing the initial discussion memo and information provided by Town staff with their presentation on July 18, 2023, directed Town staff to prepare an ordinance for adoption that would revise the variance procedure to make Town Council the deciding body for variance. Variances for single lots would go directly to Town Council. Variance requests for multiple lots would be part of a site development plan and go to Planning Commission for recommendation, and then on to Town Council with the site development plan for final decision. Town staff is proposing the following text in the ordinance change:
1. SINGLE LOT. ANY REQUEST FOR A VARIANCE FOR A SINGLE LOT SHALL BE REVIEWED IN A PUBLIC HEARING BEFORE THE TOWN COUNCIL. FOLLOWING SUCH HEARING, THE TOWN COUNCIL SHALL DETERMINE WHETHER TO GRANT OR DENY SUCH VARIANCE.
2. MULTIPLE LOTS. ANY REQUEST FOR A VARIANCE FOR MULTIPLE LOTS SHALL BE MADE IN CONJUNCTION WITH THE SUBMISSION FOR APPROVAL OF A SITE DEVELOPMENT PLAN FOR THE DEVELOPMENT WITHIN WHICH SUCH LOTS ARE LOCATED. THE PLANNING COMMISSION SHALL CONDUCT A PUBLIC HEARING FOR THE PURPOSE OF PROVIDING A RECOMMENDATION TO THE TOWN COUNCIL ON THE VARIANCE REQUEST. THEREAFTER, THE TOWN COUNCIL SHALL CONDUCT A SEPARATE PUBLIC HEARING AND SHALL TAKE FINAL ACTION ON THE VARIANCE REQUEST.
3. PROCEDURE. THE PROCEDURE FOR SUCH PUBLIC HEARINGS AND ACTION BY THE PLANNING COMMISSION AND THE TOWN COUNCIL IS PRESCRIBED IN CHAPTER 17.04.
Previously, the Planning Commission was the sole decision authority for any and all skyline/ridgeline variance requests. The proposed ordinance modifies the approval authority for skyline/ridgeline variance requests to rest with Town Council. Planning Commission will provide a recommendation on any skyline/ridgeline variance request associated with an overall Site Development Plan request that requires Town Council approval.
Proposed Motion
“I move to approve the Ordinance as introduced by title.”
Alternate Motions
“I move to approve the Ordinance as introduced by title, with the following conditions: (list conditions).”
“I move to continue this item to the Town Council meeting on ___date to allow additional time to (list information needed).”
Attachments
Attachment A: Title 17.48 Skyline/Ridgeline Ordinance
Attachment B: Methodology Report
Attachment C: July 18, 2023 Discussion Memo