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File #: ORD 2019-042    Version: Name:
Type: Ordinance Status: Passed
File created: 11/13/2019 In control: Town Council
On agenda: 1/7/2020 Final action: 1/7/2020
Title: Ordinance Amending Title 17 of the Castle Rock Municipal Code by Adoption of a New Chapter 17.51 Entitled Dissimilar Residential Interface Regulations (Second Reading - Approved on First Reading on December 17, 2019 by a vote of 5-1)
Attachments: 1. Attachment A: Ordinance 2nd reading, 2. Attachment B: Residential Interface Code, 3. Attachment C: Map of Potential Residential Interface Locations, 4. Presentation - 1st Reading, 5. Ordinance 1st reading, 6. HBA Letter to Castle Rock Town Council 121719, 7. Email to Council - Sanders 121319, 8. Email to Council - Chris Cote 121719, 9. Presentation - 2nd Reading

To:                     Honorable Mayor and Members of Town Council

 

From:                     Bill Detweiler, Director of Development Services

 

Title

Ordinance Amending Title 17 of the Castle Rock Municipal Code by Adoption of a New Chapter 17.51 Entitled Dissimilar Residential Interface Regulations (Second Reading - Approved on First Reading on December 17, 2019 by a vote of 5-1)

Body

______________________________________________________________________

 

PUBLIC HEARING

 

 

 

The Town Council will now consider a request for the approval of  Ordinance Amending Title 17 of the Castle Rock Municipal Code by Adoption of a New Chapter 17.51 Entitled Dissimilar Residential Interface Regulations.

 

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:                     Bill Detweiler, Director of Development Services

 

Title:                     Ordinance Amending Title 17 of the Castle Rock Municipal Code by Adoption of a New Chapter 17.51 Entitled Dissimilar Residential Interface Regulations (Second Reading - Approved on First Reading on December 17, 2019 by a vote of 5-1)

 

 

Executive Summary

 

Town Council reviewed this item at the December 17 Town Council meeting and voted 5-1 to approve the proposed ordinance on first reading. Council also directed staff to make minor adjustments to the ordinance for second reading, which was completed and attached for Council review and discussion.

 

Town Council directed staff to research and create a code to mitigate the impacts between adjacent dissimilar residential properties. The proposed code is not intended to regulate the impacts of dissimilar residential properties in an approved Planned Development (PD) that purposely intermixes adjacent dissimilar residential properties within the PD or properties zoned R-1, R-2 or R-3.

 

Staff met with representatives of the HBA and development community to review draft language and ensure the code provides a balance between homebuilding activities and continued residential investment in Castle Rock, while meeting the direction of Council to mitigate the impacts between dissimilar residential developments. Staff also conducted an open house to seek additional information.

 

Discussion

 

To provide clarity and ensure the Council goal is met, staff created a definition for dissimilar residential interface and definitions for single family detached, single family attached, and multifamily, as follows:

 

-                     Dissimilar residential property means properties where single family detached is adjacent to either single family attached or multifamily or where single family attached is adjacent to multifamily.

-                     Single family detached means a residential unit defined in the building code as a one-family home.

-                     Single family attached means a residential unit defined in the building code as a two-family home including paired home, triplex, fourplex, or townhome.

-                     Multifamily means a residential unit defined in the building code as multiple residential units within one building with one foundation.

 

The interface code applies to properties if they share a property line in whole or in part or are separated by an open space parcel less than 50 feet in width. Properties separated by a railroad right-of-way or a minimum 50 foot road right-of-way shall not be considered adjacent. The code does not apply to mixed-residential development, straight zoned R-1, R-2, R-3 properties, or properties located in the Downtown Overlay District.

 

The buffer must be 50 feet in width as measured from the developed residential property line. The buffer shall be identified as a separate tract or shown and dimensioned on a site plan. When a dissimilar residential development is proposed on a property adjacent to developed residential property, 100% of the buffer shall be provided on the proposed residential property.

The buffer is intended to mitigate the visibility of adjacent dissimilar residential property. Critical design issues that need to be included in the staff analysis and discussion with the applicant include:

1.                     Preserving, to the extent feasible, the natural topography, native vegetation and scale of the adjacent dissimilar residential property;

2.                     Creating a visually attractive buffer with placement of walls, fences, berms and/or landscaping;

3.                     Including a landscape design that provides a varied plant spacing, clustering, and height, with berms and decorative walls as needed;

4.                     Mitigating the view of site elements from dissimilar residential property such as trash enclosures, utility boxes, play fields, play structures, pocket parks, gazebos, playgrounds, trails or gathering areas. Such uses shall be screened so they are not highly visible from adjacent dissimilar residential property, and when possible, located to the interior of a site; and

5.                     Keeping the buffer free of buildings and parking lots, due to the associated impacts.

Council discussion identified that building design and orientation is a critical part of a successful interface. In order to mitigate visual impacts of buildings closest to dissimilar residential property, where possible, consideration should be given to building orientation, architectural detailing and incorporation of materials and colors to avoid blank facades, or other methods to reduce the visual scale of a building.

 

During our discussions with stakeholders, it was noted that instances may arise where it is impractical to completely buffer an adjacent residential development. The code allows Council to wave one or more of the requirements in the regulations if unusual or exceptional lot configuration, lot size, topography, native vegetation, or buildings on properties are impacted by the regulations. Flexibility is needed to ensure the goal of the interface regulations is maintained and to recognize that Castle Rock is not flat and void of native vegetation. On the contrary, Castle Rock is blessed with a unique natural landscape consisting of mesas, ridges and valleys and a variety of native plant species.

 

Summary

 

The goal of the proposed code is to establish regulations to mitigate the impacts between adjacent dissimilar residential properties. Staff finds the proposed code language meets the Council goal and is consistent with the Vision 2030 Vision and Comprehensive Master Plan to provide a diversity of housing while protecting and maintaining the natural environment and aesthetic values of the community.

 

Proposed Motion

 

“I move to approve Ordinance Amending Title 17 of the Castle Rock Municipal Code by Adoption of a New Chapter 17.51 Entitled Dissimilar Residential Interface Regulations, on second reading.”

 

Attachments

 

Attachment A:  Ordinance - 2nd Reading

Attachment B:  Residential Interface Code

Attachment C:  Map of Potential Residential Interface Locations