To: Honorable Mayor and Members of Town Council
From: Jeff Brauer, Director of Parks & Recreation
Jeff Smullen, Park Planning and Construction Manager
Title
Ordinance Approving the Amendment of Section 17.02.010 and Repealing and Reenacting Chapter 17.30 of the Castle Rock Municipal Code Regarding the PL Zoning District Formerly Known as the POS Zoning District (Second Reading)
Body
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Ordinance was approved on first reading on March 15, 2016 with a vote of 6 to 0.
Executive Summary
The Parks and Recreation Department presented an ordinance to the Planning Commission on March 10, 2016 repealing and reenacting the Public Open Space (POS - 1) and (POS -2) Zone Districts. The POS zone districts exist within Section 17.30 of the Castle Rock Municipal Code. The purpose of this action is to better align the permitted uses allowed within these zone districts with the types of facilities that currently exist within Town park properties.
Thus far, the Town has not experienced compliance issues with this classification because very few parks are actually zoned POS. Instead, all recent Town park developments have occurred under the Planned Development (PD) zoning for large developments such as the Meadows, Founders and Terrain. Each of these PD zones has slightly different requirements for park and open space lands within their boundaries. In addition, the zoning for parks such as Rock Park (Residential) and Festival Park (Business) is not consistent with the existing land use. The purpose of repealing and reenacting the POS-1 and POS-2 zone districts by ordinance is to make sure they are consistent with the existing and proposed uses established within Castle Rock parks. Once the POS zone district, which will be renamed to PL Public Land District, is approved by Town Council, existing parks, beginning with Philip S. Miller, Festival and Rock Park will be rezoned to PL-1.
PL-1 is the intended zoning for active town parks and municipal facilities, such as Philip S. Miller Park with the Millhouse, amphitheater, MAC and other developed amenities. PL-2 is oriented for more passive open space uses. For instance, PL-2 would be the appropriate classification for Ridgeline or Memmen Ridge Open Space and would permit trails and related facilities such as restrooms, parking areas and picnic facilities.
Specific information related to the proposed changes in the code is documented in the discussion portion of this memorandum. The reinstated ordinance was reviewed through the Town Attorney’s office and recommended for approval by the Town of Castle Rock Parks and Recreation Commission.
Discussion
The following information includes the current form of Section 17.30 of the Castle Rock Municipal Code. Changes made to this section are highlighted and relate to the draft reinstated ordinance shown in Attachment A. Comments related to the changes proposed are shown in red following the highlighted text. Please also see attachment A, proposed ordinance, for the proposed zoning language.
Chapter 17.30 - POS Parks, Recreation and Open Space District
17.30.010 - Description and purpose.
The POS District is established to provide areas intended primarily for public uses. The District establishes two designations which define the scope of allowed uses.
(Ord. 2012-18 §1, 2012)
17.30.020 - Permitted uses.
Uses permitted by right in the POS District are:
A. POS-1: Active Uses:
1. Active and developed parks, recreation facilities and related uses including but not limited to rest rooms, parking and drives, information kiosks and maintenance and storage buildings under 500-square feet in area. - This size restriction has been removed in the reinstated ordinance. Park master plans and development plans are publicly reviewed and approved by Parks and Recreation Commission and Town Council, development plans are processed through Development Services planning, engineering and building division, thus the size restriction is not necessary.
2. In-ground water, sanitary sewer and stormwater facilities. - Utilities are combined into item #3 on the reinstated ordinance.
3. Access for emergency or maintenance purposes. - Item removed / unnecessary
4. In-ground public utilities and appurtenances. - Utilities are combined into item #3 on the reinstated ordinance.
Additional permitted uses included in reinstated ordinance:
1. Facilities for cultural/art uses, community events and other civic uses;
2. All municipal and/or quasi-municipal facilities or utilities; and
3. Educational facilities
B. POS-2: Passive Uses:
1. Open space, wildlife sanctuary, trails. - “and associated service facilities” added to reinstated ordinance
2. Off-street parking and drives.
3. Access for emergency or maintenance purposes. - Item removed / unnecessary
4. Reasonable and appurtenant public facilities including, but not limited to, picnic tables, benches and sanitary containers. - removed and replaced with “and associated service facilities” under item #1
(Ord. 2012-18 §1, 2012)
17.30.030 - Uses by special review.
A. Uses permitted by special review in the POS District are:
1. Privately owned and operated park, recreation and open space uses; - wording modified to be more specific
2. Public and special district buildings and structures; - the word “Public” added along with (C.R.S. Title 32) citation
3. Aboveground buildings and structures for public gas, electric, telephone and cable transmission utilities; - Replaced with reinstated ordinance item #1
4. Any building or structure more than 35-feet in height, not to exceed 50-feet in height; and - changed to 50 feet and 75 respectively
5. Any use or improvement in a POS-2 District which is allowed in the POS-1 District.
B. All uses by special review shall meet the requirements of Chapter 17.38.
(Ord. 2012-18 §1, 2012)
17.30.040 - Development standards.
Development standards for the POS-1 or POS-2 District may be established for each property at time of zoning or rezoning. Absent specific standards, the following shall apply:
A. Minimum front yard: a minimum front yard of 15-feet from the property line shall be required; 25-feet if abutting an arterial street;
B. Maximum height: 35-feet. - Changed to 50 feet
Additional development standards added for the POS-2 zone district include a maximum building height of 25 feet and minimum front yard setback of 25 feet
(Ord. 2012-18 §1, 2012)
17.30.050 - Existing uses and improvements.
Lawful, preexisting uses, buildings or lots which do not conform to the requirements of this Chapter may continue as provided in Chapter 17.16.
(Ord. 2012-1 §1, 2012)
Budget Impact
NA
Staff Recommendation
Staff recommends approval of this ordinance amending Section 17.02.010 and repealing and reenacting Chapter 17.30 of the Castle Rock Municipal Code regarding the PL Zoning District formerly known as the POS Zoning District.
Proposed Motion
“I move to recommend approval to Town Council of an ordinance amending Section 17.02.010 and repealing and reenacting Chapter 17.30 of the Castle Rock Municipal Code regarding the PL Zoning District formerly known as the POS Zoning District.”
Attachments
Attachment A Ordinance