To: Honorable Mayor and Members of Town Council
From: Teri Whitmore, Planning Manager
Title
Resolution Approving the Fourth Amendment to the Intergovernmental Agreement Between the Town of Castle Rock and the County of Douglas to Replace the Intergovernmental Development Plan
Body
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Executive Summary
The Douglas County and Town of Castle Rock Intergovernmental Agreement (IGA) is a mutually binding, comprehensive agreement intended to plan for land use within areas established by the Agreement. The IGA was initially approved by the Douglas County Commissioners and Town Council in 2004. In accordance with the IGA, the Town, the County, or a landowner may request an amendment to the IGA.
The Canyons South property is currently shown as “Region D” in the IGA. “Region D” was created to recognize the property is located within the growth and annexation areas of the Town and to acknowledge that the property was zoned by the County Commissioners for 968 residential units. The current IGA provides an ability to request annexation into the Town of Castle Rock at 968 units, with the Town having previously committing to water availability at that density. The Canyons South development team is proposing an increase in density to 1,508 residential units and is requesting that the property be annexed into the Town. In accordance with the IGA, increasing the density above 968 residential units, whether it is located in the County or in the Town, requires an IGA amendment approved by the County Commissioners and Town Council.
The Town of Castle Rock and Douglas County are concurrently reviewing the IGA amendment, with the Douglas County Commissioners considering the request at 2:30 pm on March 22, 2016 and the Town Council considering the request at 6:00 pm on March 8, 2016. Staff will report the results of the County Commissioners vote at the Council public hearing. The IGA amendment comes to Council with a favorable recommendation from the Planning Commission and Staff.
Discussion
While in the process of reviewing the IGA amendment for Canyons South, Town staff received a letter from the County Commissioners on January 25, 2016, stating the Commissioners intent to terminate the IGA effective August 2016 (Attachment C). The termination of the IGA in August means other options exist for the Canyons South development team in addition to proceeding with the IGA amendment and current application for annexation and zoning with the Town.
1. The developer could withdrawal its current annexation and zoning application with the Town and submit an application to Douglas County to rezone the property for 1,508 residential units (or other density).
2. The Developer could withdraw its current annexation and zoning application with the Town and wait until August 2016 to submit a new annexation and zoning application.
Developing in the County means that no Town code regulations would apply including requirements for off-site and on-site traffic and infrastructure improvements. Annexation and development in the Town requires meeting all Town standards for off-site and on-site impacts including transportation, water resources, and impact fees for police, fire and parks. Development in the Town ensures the Town has control of a development project that will directly impact existing and future residents of Castle Rock.
The Planning Commission and staff recognize the options noted herein and recommend Council move forward with the proposed IGA amendment at this time.
IGA Amendment Process
A landowner within the IGA area may request an amendment to the IGA by submitting a written request to the Town and the County. A written request was submitted to the Town of Castle Rock by Lowe Residential Corporation on October 13, 2015 (Attachment A). A two-member Review Board, with one member appointed by the Town Council and one member appointed by the Board of County Commissioners, performs an initial review of the proposed amendment. The Review Board met on this request on November 19, 2015. The IGA Review Board recommended the continuation of the review process to consider an IGA amendment to establish urban level of density under Town jurisdiction.
The request was then sent through the land use referral process and a hearing was held by the Planning Commission on February 11, 2016 with the Planning Commission recommending approval of the IGA amendment. An amendment to the IGA must be approved by both the Town and Douglas County.
Proposed IGA Amendment
The proposed Fourth Amendment to the IGA (Attachment B) is summarized below. “Region D” encompasses the Canyons South Planned Development and is located on the south and east side of Crowfoot Valley Road and north and east of Founders Parkway as shown on the IGA Land Use Map (Attachment D).
1. Proposed Modification to “Region D”
The property owner, Lowe Residential Corporation requested an increase to the maximum number of units within “Region D.” The current IGA allows a maximum of 968 residential units to be developed within the County or the Town. The proposed modification of “Region D” to a Growth and Annexation Area, removes the residential limitation for development under Town jurisdiction and instead allows “urban level density” to be considered by the Town, following annexation of the property. Development under County jurisdiction remains limited to 968 residential units, consistent with the Canyons Planned Development Fourth Amendment and the High Plateau Subarea policies as established within the Douglas County Comprehensive Master Plan.
The “Region D” design considerations within Section 2.3.4 of the IGA remain applicable to the development of the property. These provide that:
• Site development will be sensitive to existing natural land patterns;
• Protection of the rural roadside character of Crowfoot Valley Road through the provision of an open space buffer;
• Clustering of residential units to minimize visual impacts to protect significant open space and natural landforms;
• Provide for vehicular and pedestrian connectivity to adjacent communities;
• Site design will consider preservation of open space including riparian features, floodplains, significant landforms, significant natural vegetation, important wildlife habitat areas; and cultural, historic and archaeological areas.
2. Proposed Removal of Region A.2
Region A.2, as depicted on the 3rd amendment IGA map, was annexed by the City of Castle Pines in 2012. As a result, the IGA boundary is proposed to be redrawn to exclude Region A.2. In addition, references to Region A.2 within Sections 2.3.1, 3, and 4.4 of the narrative portion of the document are proposed for elimination, as shown in the redline-strikethrough version of the IGA Fourth Amendment (Attachment B).
Public and Referral Comments
Land use referrals and adjacent owners were notified of this proposal, coordinated by Douglas County and the Town staff. The referral requests sent by the County and Town indicated that all received comments would be provided to both jurisdictions. Referral and citizen comments are as follows:
• Tri-County Health Department (TCHD) noted that community design features that encourage walking and bicycling support physical activity and community health and help to combat chronic diseases related to physical inactivity and obesity. The agency supports the request to establish higher density, citing more efficient use of infrastructure, housing affordability, and energy efficiency as benefits.
• Intermountain Rural Electric Association indicated their preference that utility facilities necessary to support development of Canyons South be processed in accordance with the Douglas County Zoning Resolution Section 21, Use by Special Review; or Section 32, Location and Extent.
• Two citizen e-mail responses were received by Douglas County on the proposal. The two emails provided comments related to a pre-supposed future annexation of the property. The two emails stressed the need for public notification of future meetings, sharing details on any development plans, concerns over any reduction of open space, and concern over any changes to the proposed densities.
Recommendation
The Planning Commission and staff recommend approval of the proposed Fourth Amendment to the IGA between Douglas County and the Town of Castle Rock to facilitate the timely processing and action on the Canyons South annexation and zoning applications.
Proposed Motion
I move to approve the Fourth Amendment to the Intergovernmental Agreement between Douglas County and the Town of Castle Rock replacing the Intergovernmental Development Plan and to designate “Region D” as a Growth and Annexation Area, allowing for annexation into the Town at urban level of densities, subject to the design standards within Section 2.3.4 of the IGA and removing area A.2, annexed by the City of Castle Pines.
Attachments
Attachment A: Letter from Lowe Residential Corporation, representing the owner, requesting the Town to Consider the IGA Amendment
Attachment B: Recommended Amendments to the IGA, Planning Area Map, and the Permitted Uses and Special Uses Matrix
Attachment C: Letter from the Douglas County Commissioners stating intent to terminate the IGA
Attachment D: IGA map
Attachment E: Resolution