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File #: RES 2020-052    Version: 1 Name:
Type: Quasi-Judicial Resolution Status: Passed
File created: 5/8/2020 In control: Town Council
On agenda: 6/2/2020 Final action: 6/2/2020
Title: Resolution Approving a Site Development Plan for Most of Outlot A, Castle Oaks, Filing No. 1 (Caliber at Terrain Apartment Complex SDP19-0029)
Attachments: 1. Staff Report, 2. Attachment A: Resolution, 3. Exhibit 1: Site Development Plan, 4. Attachment B: Traffic Impact Study, 5. Attachment C: Neighborhood Comments, 6. PLC Comments 05-28-2020, 7. Staff Presentation, 8. Applicant Presentation, 9. Public Comment submitted online, 10. Exhibit A: Letter from Poplar Investments Inc, 11. Exhibit B: Letter from FGMC
Related files: PC 2020-007

To:                     Honorable Mayor and Members of Town Council

 

Through:                     Tara Vargish, Interim Director, Development Services

 

From:                     Donna Ferguson, Senior Planner, Development Services

 

Title

Resolution Approving a Site Development Plan for Most of Outlot A, Castle Oaks, Filing No. 1 (Caliber at Terrain Apartment Complex SDP19-0029)

Body

______________________________________________________________________

 

PUBLIC HEARING

 

Resolution Approving a Site Development Plan for Most of Outlot A, Castle Oaks, Filing No. 1 (Caliber at Terrain Apartment Complex SDP19-0029

 

The Town Council will now consider a request for the approval of  Resolution Approving a Site Development Plan for Most of Outlot A, Castle Oaks, Filing No. 1 (Caliber at Terrain Apartment Complex SDP19-0029.

 

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).

 

Mrs. Vargish, 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:                     Tara Vargish, Interim Director, Development Services

 

From:                     Donna Ferguson, Senior Planner, Development Services

 

Title:                     Resolution Approving a Site Development Plan for Most of Outlot A, Castle Oaks, Filing No. 1 (Caliber at Terrain Apartment Complex SDP19-0029

 

 

Executive Summary

 

The Garrett Companies (applicant) is requesting approval of a site development plan (SDP) for an apartment complex known as Caliber at Terrain. Located in the northeast quadrant of Founders Parkway and State Highway 86 (Figure 1), the SDP proposes 17 three-story buildings containing 238 units, a clubhouse, pool, and dog park.

 

The Caliber at Terrain project is governed by the Villages at Castle Rock PD. Zoned in August of 1981, the PD contains typical planning areas and zoning regulations but also contains a unique completion clause. The completion clause anticipated the entire 3,600-acre PD to be completed within 25 years of the date of its approval (August of 2006). However, the zoning regulations did not provide any restrictions or remedies for any remaining parcels that have yet to be completed within the 25-year timeframe.

 

Site development plans which propose new residential development require public hearing before Town Council who shall review and make a decision upon the proposal after review and recommendation by Planning Commission.

 

Planning Commission Recommendation

On May 14, 2020, following presentations by Town staff and the applicant, testimony by nine members of the public, and a detailed discussion, the Planning Commission voted 4-0 to recommend approval of the Caliber at Terrain site development plan subject to the finding that the existing zoning is still valid.

 

All nine members of the public provided testimony in opposition to the proposed SDP. Public testimony primarily focused on the potential negative impacts of the proposed use on traffic and schools within the surrounding neighborhoods and the 25-year completion clause.

 

Planning Commission discussion primarily focused on the merits of the proposed site development plan relative to the zoning, outside the scope of the 25-year completion clause. Planning Commission found the proposed SDP to meet or exceed the SDP review and approval criteria. Other topics of discussion were the 25-year completion clause and neighborhood schools.

 

Budget Impact

 

Development of the property will generate review and impact fees, along with use taxes. Other ongoing costs of serving a new multi-family residential development, in terms of public infrastructure and amenities, as well as police and fire protection, will be comparable to other similar multi-family residential developments in Castle Rock.

 

Recommendation

 

The Planning Commission voted 4-0 to recommend approval of the Caliber at Terrain site development plan subject to the finding that the existing zoning is still valid.

 

Proposed Motion

 

I move to approve the resolution as introduced by title.

 

Attachments

 

Attachment A: Resolution

Exhibit 1: Site development plan

Attachment B: Traffic impact study

Attachment C: Neighborhood comments