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File #: ORD 2018-038    Version: Name:
Type: Quasi-Judicial Ordinance Status: Passed
File created: 8/29/2018 In control: Town Council
On agenda: 10/16/2018 Final action: 10/16/2018
Title: Ordinance Amending the Town's Zone District Map Rezoning Lot 4A Village North Amended From Planned Development (PD) to Light Industrial District (I-1) (Second Reading - Approved on First Reading on October 2, 2018 by a vote of 6-0) [Park Street north of Wolfensberger]
Attachments: 1. Attachment A: Ordinance, 2. Attachment B: Municipal Code Section 17.pdf

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 Rezoning Lot 4A Village North Amended From Planned Development (PD) to Light Industrial District (I-1) (Second Reading - Approved on First Reading on October 2, 2018 by a vote of 6-0) [Park Street north of Wolfensberger]

Body

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PUBLIC HEARING

 

An Ordinance Amending the Town’s Zone District Map Rezoning Lot 4A Village North Amended From Planned Development (PD) to Light Industrial (I-1) (Second Reading - Approved on First Reading on October 2, 2018 by a vote of 6-0)

 

The Town Council will now consider a request for the approval of  An Ordinance Amending the Town’s Zone District Map Rezoning Lot 4A Village North Amended From Planned Development (PD) to Light Industrial (I-1) (Second Reading).

 

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:                     An Ordinance Amending the Town’s Zone District Map Rezoning Lot 4A Village North Amended From Planned Development (PD) to Light Industrial (I-1) (Second Reading - Approved on First Reading on October 2, 2018 by a vote of 6-0)

 

 

Executive Summary

 

Town staff and Planning Commission are seeking Town Council action to rezone the property located at 1407 North Park Street to Light Industrial (I-1). The property was zoned in 1980 as a Planned Development to allow for general motor vehicle repair and services. The applicant is requesting to rezone the property so that it will allow a wider variety of uses. No redevelopment of the property is proposed at this time.

 

On September 13, 2018, the Planning Commission recommended approval of the Ordinance by a vote of 5-0.  On October 2, 2018, Town Council voted 6-0 to approve on first reading.

 

Background

 

On March 6, 1980, the property was rezoned from Light Industrial District (I-1) to Planned Development (PD). The permitted uses for the PD were limited to general motor vehicle repair and services. At the time, general motor vehicle repair and services were an allowed use in the Highway Commercial District (B-1) and not in the I-1 District. In 2012, general motor vehicle repair and services became an allowed use in the I-1 District. 

 

 

Current Zoning

 

The property is currently zoned Planned Development, general motor vehicle repair and services

 

The Proposed Zoning District Classification

 

The I-1 zoning district is intended to allow industrial development with minimal impact to residential and commercial areas. Development is limited to low intensity, external effects are limited and permitted uses are limited to those manufacturing and wholesaling activities which can be operated in a clean and quiet manner.

 

The applicant is requesting the rezoning so that the property may become more marketable to a wider variety of potential users. The applicant is not proposing any new development on the property at this time. 

 

Discussion

 

Location

The property is addressed as 1407 North Park Street and is located in the Village North Subdivision. The Village North Subdivision is located north of Wolfensberger Road. 

 

The properties to the east, north, and west of the property are all zoned I-1 and surrounding land uses are light industrial in nature including an office with storage yard and a mini storage facility. The properties to the south of the property are zoned Business (B-1) and also fall within the Wolfensberger North Overlay District. The land uses of these properties include a lumber yard and the Fire Department training center.

 

Existing Conditions

 

 

A 5,000 square foot building currently resides on the property with parking directly in front of the building. The back of the property is fenced off. 

 

Review and Approval Criteria

The application for Zoning was reviewed against and found to meet the following zoning approval criteria outlined in Section 17.02060C of the Town’s Municipal Code:

 

1.                     Conformity with the most recently adopted version of the Town’s Vision, Comprehensive Master Plan and long-range or master plans.

2.                     Compatibility with existing and planned development on adjacent properties and in the surrounding area or neighborhood, or measures will be taken to substantially buffer or otherwise substantially mitigate any incompatibility.

3.                     Adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife and vegetation, or such impacts will be substantially mitigated.

4.                     Whether the property will have access to current or planned services and infrastructure adequate to support the orderly development of the property.

5.                     Positive economic impact potential from development of the property.

 

Budget Impact

 

The proposed zoning will not have an impact on the Town budget.

 

Staff Recommendation

 

Staff finds that the proposed rezoning meets the objectives and criteria of the Town of Castle Rock 2030 Comprehensive Master Plan and the Municipal Code.

 

Proposed Motion

 

I move to approve the Ordinance as introduced by title, second and final reading.

 

Attachments

 

Attachment A:  Ordinance

Attachment B:  Municipal Code Section 17.28 Business/Commercial/Industrial Districts