To: Honorable Mayor and Members of Town Council
From: Kathy Marx, Senior Planner, Development Services
Title
An Ordinance Amending the Town’s Zone District Map by Rezoning Philip S. Miller Park to PL-1 District (First Reading)
Body
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PUBLIC HEARING
To view graphics, please refer to Staff Report.
The Town Council will now consider a request for the approval of An Ordinance Amending the Town’s Zone District Map by Rezoning Philip S. Miller Park to PL-1 District.
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: Kathy Marx, Senior Planner, Development Services
Title: An Ordinance Amending the Town’s Zone District Map by Rezoning Philip S. Miller Park to PL-1 District (First Reading)
Executive Summary
On March 15, 2016, the Town of Castle Rock Town Council approved Ordinance No. 2016-09 amending the Municipal Code to change the existing Public Open Space (POS -1) and (POS-2) zone districts to the Public Land (PL-1) and (PL-2) zone districts. The intent of the ordinance was to better align the permitted uses allowed within those zone districts with the actual types of facilities that exist within Town park properties. It was presented to Council at that time that once the POS zone district was changed to the PL district, an existing park, Philip S. Miller Park, would be rezoned to PL-1 (please see Attachments B and C). Therefore, Staff is proceeding with the rezoning of the park.
On April 27, 2017, the Planning Commission heard the rezoning proposal for both Philip S. Miller Park and Rock Park. The Commission questioned staff in regards to the distinctions between PL-1 and PL-2. Of the public in attendance, two citizens addressed the Commission with concerns regarding Rock Park only. The Commission voted 4-0 to recommend approval to Town Council for the proposed rezoning of both parks but only Philip S. Miller Park is being considered at this time.
Budget Impact
The proposed zoning will not have an impact on the Town budget. Budget impact will be determined by the Town’s ultimate use of the property.
Staff Recommendation
Staff supports the proposed Philip S. Miller Park rezoning to PL-1 based on the following:
• The PL-1 designation allows site development for active recreation and could ultimately allow other Town facilities through the Use by Special Review process.
• The potential uses are consistent with the Town’s Comprehensive Master Plan and the Vision 2020 document.
Proposed Motion
I move to approve the Ordinance as introduced by title on First Reading.
Attachments
Attachment A: Ordinance
Exhibit 1: Legal Description Philip S. Miller Park
Attachment B: Ordinance No. 2016-09
Attachment C: Municipal Code PL-1 District
Attachment E: Municipal Code Rezoning Approval Criteria