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File #: ORD 2017-030    Version: Name:
Type: Ordinance Status: Passed
File created: 9/21/2017 In control: Town Council
On agenda: 11/7/2017 Final action: 11/7/2017
Title: Ordinance Amending Chapter 17.30 of the Castle Rock Municipal Code by Adding a New Section 17.30.035 Creating the PL-3 Zone District [Rock Park] (Second Reading - Approved on First Reading on October 17, 2017 by a vote of 6-0)
Attachments: 1. Staff Report, 2. Attachment A: Ordinance

To:                     Honorable Mayor and Members of Town Council

 

From:                     Jeff Brauer, Director of Parks and Recreation

 

Title

Ordinance Amending Chapter 17.30 of the Castle Rock Municipal Code by Adding a New Section 17.30.035 Creating the PL-3 Zone District [Rock Park] (Second Reading - Approved on First Reading on October 17, 2017 by a vote of 6-0)

Body

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Executive Summary

 

Town Council heard the first reading of Ordinance No. 2017-030 on October 17, 2017.  One citizen spoke at Public Comment with questions regarding the Landmark Designation of the Rock and that designations relationship to zoning.  Staff addressed the questions.  The Council voted 6 to 0 in favor of the approval of Ordinance No. 2017-030 (first reading).

 

The Parks and Recreation Department presented an ordinance to Planning Commission on September 28, 2017, amending the Town of Castle Rock’s Municipal Code Chapter 17.30, POS Parks, Recreation and Open Space District, adding a new Section 17.30.035, creating a new zone district, the PL-3 District. (ATTACHMENT A).  This was based upon community feedback and giving consideration to the request from the Town’s citizens to consider a zone district for Rock Park that would define the scope of allowed uses and standards on future development specific to the park.

 

Background

 

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 Public Land (PL-1 and PL-2) zone districts.  It was presented to Council at that time that once the zone change was complete the rezoning of Philip S. Miller and Rock Park would occur.  Upon proceeding with that rezoning of the parks, citizens’ concerns regarding the inclusion of Rock Park in the rezoning process were expressed.  This concern prompted the Town Manager to withdraw the request to rezone Rock Park PL-2.  Subsequently staff has drafted an ordinance to create a PL-3 zone district that will be specific to Rock Park.

 

The PL-3 zone preserves the historic character and community traditions of Rock Park by restricting the permitted uses to the existing types of structures, open spaces, trails, associated public utilities and rock stabilization/rock fall mitigation.

 

Discussion

 

The following information includes the current form of Chapter 17.30 of the Castle Rock Municipal Code with the addition of Section 17.30.035 and appropriate changes.  Changes and additions made to this section are noted in red. 

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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 use.  The District establishes two three designations which define the scope of allowed uses.

 

17.30.035 - PL-3 District.

A.                     Permitted Uses.  Uses permitted by right in the PL-3 District are:

1.                     Open space, wildlife sanctuary, trails and associated service                      facilities, including restrooms, picnic pavilions and information kiosks.

2.                     The star and flagpole located at Rock Park.

3.                     Off-street parking and driveways.

4.                     Temporary community events sponsored by the Town of Castle Rock.

5.                     Such uses which are compatible and reasonably necessary for the uses set forth in this Subsection A.

B.                     Accessory Uses. 

1.                     All public utilities, including but not limited to water, sanitary sewer, storm water, electric and similar uses, but excluding commercial communication towers and facilities.

2.                     Rock stabilization

3.                     Rock fall mitigation

C.                     Prohibited Uses.  All uses other than Permitted Uses and Accessory Uses.

D.                     Development Standards.

1.                     Maximum Height:  habitable structures - Twenty-five (25) feet, non-habitable structures - Forty (40) feet.

2.                     Minimum Front Yard Setback: a minimum of fifteen (15) feet from the property line; twenty-five (25) feet if abutting an arterial street.

3.                     Lighting shall be limited to illumination of the star and flagpole, off-street parking and driveways, picnic facilities, restroom, and associated service facilities.

The goal is to ensure that the historic character and integrity of iconic Rock Park will remain intact by placing appropriate limitations and standards on future development. 

 

The Planning Commission reviewed the proposed ordinance at their September 28, 2017, meeting.  Commissioners questioned staff regarding the applicability of the Historic Landmark designation for Rock Park and its relationship to the PL-3 zone.  Staff clarified that the PL-3 zone would not change the need for the Historic Preservation Board’s review of any changes within the Park.  The Commissioners also questioned the neighborhood outreach for the PL-3 zone and the use of Rock Park for temporary events.  The neighborhood outreach for the PL-3 zone was discussed.  Additionally, staff described the Temporary Use Permit review process.  The Planning Commission voted 6-0 recommending approval of the Ordinance to the Town Council.

 

Public Outreach

 

A neighborhood meeting was held Thursday, September 7, 2017, to present the proposed ordinance amending the Municipal Code by adding the PL-3 zone district. Four Town residents attended the meeting.  Concerns expressed by the citizens at the meeting included:

 

                     Would additional parking be created since the PL-3 District allows for off-street parking?  Town staff response:  The Town does not currently have the intent to construct a new parking lot or anything additional on the property.  Off-street parking has to be included in the new zone language due to the existing off-street lot.  If a large scale amenity, such as a parking lot, was added to the property, it would need to go through a separate public process and approved by Town Council.

                     Would the new zone district complement the property’s historical designation? Town staff response:  Yes.

                     Could the right-of-way designation on the southeast part of the property backing to residential homes be vacated?  Town staff response:  Emergency vehicles will still need access to the rock at Rock Park for training and emergency response purposes.

                     Could the property be re-platted to one continuous plat for the entirety of the property as opposed to eight separate parcels?  Town staff response:  Town staff will research the costs associated with re-platting the property, as well as adding parts of the adjacent right-of-way to the new district.

 

The consensus from the attendees at the meeting was positive and supportive of the new PL-3 zone district.

 

Budget Impact

 

The proposed Ordinance will not have an impact on the Town budget.  Budget impact will be determined by the Town’s continued use of the property.

 

Planning Commission Recommendation

 

Planning Commission recommends approval of the Ordinance as introduced by title.

 

Proposed Motion

 

I move to approve the Ordinance as introduced by title on first reading.

 

Attachments

 

Attachment A:  Ordinance