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File #: ORD 2018-014    Version: Name:
Type: Quasi-Judicial Ordinance Status: Passed
File created: 4/3/2018 In control: Town Council
On agenda: 5/15/2018 Final action: 5/15/2018
Title: Ordinance Amending the Town's Zone District Map by Rezoning a 156.693 Acre Parcel Located in Section 2, Township 8 South, Range 67 West, of the 6th P.M. to PL-1 District; and Providing for its Emergency Adoption on Second and Final Reading (Second Reading - Approved on First Reading on May 1, 2018 with a vote of 5-0) [North of Wolfensberger Road at the end of Caprice Drive, between the Union Pacific Railroad on the east and the Atchison Topeka Santa Fe Railroad on the west.] (Town-owned property; Site of the new Central Service Center)
Attachments: 1. Attachment A: Ordinance, 2. Exhibit 1: Legal Description, 3. Attachment B: Municipal Code Section 17.30.020 - PL1 District, 4. Attachment C: Staff Report

To:                     Honorable Mayor and Members of Town Council

 

Through:                     Bill Detweiler, Director, Development Services

 

From:                     Brad Boland, Planner II, Development Services

 

Title

Ordinance Amending the Town’s Zone District Map by Rezoning a 156.693 Acre Parcel Located in Section 2, Township 8 South, Range 67 West, of the 6th P.M. to PL-1 District; and Providing for its Emergency Adoption on Second and Final Reading (Second Reading - Approved on First Reading on May 1, 2018 with a vote of 5-0) [North of Wolfensberger Road at the end of Caprice Drive, between the Union Pacific Railroad on the east and the Atchison Topeka Santa Fe Railroad on the west.] (Town-owned property; Site of the new Central Service Center)

Body

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PUBLIC HEARING

 

Ordinance Amending the Town’s Zone District Map by Rezoning a 156.693 Acre Parcel Located in Section 2, Township 8 South, Range 67 West, of the 6th P.M. to PL-1 District; and Providing for its Emergency Adoption on Second and Final Reading

 (Second Reading)

 

The Town Council will now consider a request for the approval of an amendment to the Zone District Map.

 

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

 

Through:                     Bill Detweiler, Director, Development Services

 

From:                     Brad Boland, Planner II, Development Services

 

Title:                     Ordinance Amending the Town’s Zone District Map by Rezoning a   156.693 Acre Parcel Located in Section 2, Township 8 South, Range 67 West, of the 6th P.M. to PL-1 District; and Providing for its Emergency Adoption on Second and Final Reading (Second Reading - Approved on First Reading on May 1, 2018 with a vote of 5-0)

 

Executive Summary

 

On May 1, 2018, staff presented the first reading of the ordinance for Council consideration.  Town Council approved the ordinance on first reading, as presented, with a vote of 5-0.

 

The staff and Planning Commission are seeking Town Council action to rezone the Town owned East Plum Creek Property. 

 

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.  In order for the town to activate the property for public use, the PL-1 zoning district will need to be established on the property. 

 

On April 12, 2018, the Planning Commission recommended approval of the Ordinance by a vote of 6-0.

 

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 and Planning Commission Recommendation

 

Staff finds that the proposed rezoning meets the approval criteria as described in the staff report.

 

The Planning Commission, at a Public Hearing on April 12, 2018, recommended approval of the ordinance by a vote of 6-0. 

 

Proposed Motion

 

I move to approve the ordinance as introduced by title, first reading.

 

Attachments

 

Attachment A:  Ordinance                     

Exhibit 1:          Legal Description

Attachment B:  Municipal Code Section 17.30.020 - PL-1 District

Attachment C:  Staff Report