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File #: ORD 2020-009    Version: Name:
Type: Quasi-Judicial Ordinance Status: Passed
File created: 6/10/2020 In control: Town Council
On agenda: 8/18/2020 Final action: 8/18/2020
Title: Ordinance Annexing to the Town of Castle Rock, Colorado, Four Parcels Totaling 199.33 Acres Located in all or Portions of Southeast 1/4 of the Southwest 1/4 Section 32, the Southwest 1/4 of the Southwest 1/4 Section 33, Township 7 South, Range 66 West of the 6th Prime Meridian, the West Half of Northwest 1/4 Section 4, North Half of the Northeast 1/4 Section 5 and the Northeast 1/4 of the Northwest 1/4 Section 5, Township 8 South, Range 66 West of the 6th Prime Meridian, County of Douglas, State of Colorado [Gateway Mesa Annexation] (Second Reading - Approved on First Reading on July 21, 2020 by a vote of 6-0) [located adjacent to State Highway 86, east of intersection at Enderud Blvd/High Point Rd]
Attachments: 1. Staff Report - Annexation - 2nd Reading, 2. Attachment B: Annexation Ordinance - 2nd Reading, 3. Attachment C: Zoning Ordinance - 2nd Reading, 4. Staff Report - Annexation - 1st Reading, 5. Attachment A: Vicinity Map, 6. Attachment B: Annexation Ordinance (updated 7-17-2020), 7. Attachment B Exhibit 1: Property Description, 8. Attachment C: Zoning Ordinance, 9. Attachment D: Annexation Plat, 10. Attachment E: Gateway Mesa Open Space and Trail System Brochure, 11. Attachment F: Hidden Mesa Open Space and Trail System Borchure, 12. Attachment G: Surrounding Land Use Map, 13. Staff Presentation 1st Reading
Related files: PC 2020-014, PC 2020-013, ORD 2020-010

To:                     Honorable Mayor and Members of Town Council

 

Through:                     Tara Vargish, Director, Development Services

 

From:                     Sandy Vossler, Senior Planner, Development Services

 

Title

Ordinance Annexing to the Town of Castle Rock, Colorado, Four Parcels Totaling 199.33 Acres Located in all or Portions of Southeast ¼ of the Southwest ¼ Section 32, the Southwest ¼ of the Southwest ¼ Section 33, Township 7 South, Range 66 West of the 6th Prime Meridian, the West Half of Northwest ¼ Section 4, North Half of the Northeast ¼ Section 5 and the Northeast ¼ of the Northwest ¼  Section 5, Township 8 South, Range 66 West of the 6th Prime Meridian, County of Douglas, State of Colorado [Gateway Mesa Annexation] (Second Reading - Approved on First Reading on July 21, 2020 by a vote of 6-0) [located adjacent to State Highway 86, east of intersection at Enderud Blvd/High Point Rd]

Body

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PUBLIC HEARING

 

ORDINANCE Annexing to the Town of Castle Rock, Colorado, four parcels totaling 199.33 Acres LOCATED IN ALL OR PORTIONS OF THE Southeast 1/4 OF THE Southwest ¼ SECTION 32, THE Southwest 1/4 OF THE Southwest 1/4 SECTION 33, Township 7 South, Range 66 West OF THE 6TH Prime Meridian, THE WEST HALF OF Northwest 1/4 SECTION 4, NORTH HALF OF THE NorthEast 1/4 SECTION 5 AND THE NorthEast ¼ OF THE Northwest 1/4 SECTION 5, Township 8 South, Range 66 West OF THE 6TH Prime Meridian, COUNTY OF DOUGLAS, STATE OF COLORADO [Gateway Annexation] (SECOND READING)

 

The Town Council will now consider a request for the approval of  ORDINANCE Annexing to the Town of Castle Rock, Colorado, four parcels totaling 199.33 Acres LOCATED IN ALL OR PORTIONS OF THE Southeast 1/4 OF THE Southwest ¼ SECTION 32, THE Southwest 1/4 OF THE Southwest 1/4 SECTION 33, Township 7 South, Range 66 West OF THE 6TH Prime Meridian, THE WEST HALF OF Northwest 1/4 SECTION 4, NORTH HALF OF THE NorthEast 1/4 SECTION 5 AND THE NorthEast ¼ OF THE Northwest 1/4 SECTION 5, Township 8 South, Range 66 West OF THE 6TH Prime Meridian, COUNTY OF DOUGLAS, STATE OF COLORADO [Gateway Annexation] (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).

 

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, Director, Development Services

 

From:                     Sandy Vossler, Senior Planner, Development Services

 

Title:                     ORDINANCE Annexing to the Town of Castle Rock, Colorado, four parcels totaling 199.33 Acres LOCATED IN ALL OR PORTIONS OF THE Southeast 1/4 OF THE Southwest ¼ SECTION 32, THE Southwest 1/4 OF THE Southwest 1/4 SECTION 33, Township 7 South, Range 66 West OF THE 6TH Prime Meridian, THE WEST HALF OF Northwest 1/4 SECTION 4, NORTH HALF OF THE NorthEast 1/4 SECTION 5 AND THE NorthEast ¼ OF THE Northwest 1/4 SECTION 5, Township 8 South, Range 66 West OF THE 6TH Prime Meridian, COUNTY OF DOUGLAS, STATE OF COLORADO [Gateway Annexation] (Second Reading - Approved on First Reading on July 21, 2020 by a vote of 6-0)

 

 

Executive Summary

 

On July 21, 2020, Town Council voted 6-0, on first reading, to approve the Gateway Mesa Annexation, as presented.  No members of the public submitted written comments prior to the meeting and no members of the public addressed the Council during the public hearing.

 

The Town of Castle Rock (Town), property owner and applicant, has submitted an application proposing to annex and zone a 199-acre property, currently known to the public as Gateway Mesa Open Space and Trails (Attachment B and C).  The property is located adjacent to State Highway 86, approximately ¾ of a mile east of the intersection of State Highway 86 and Enderud Boulevard/High Point Road (Figure 1 and Attachment A).  This proposed annexation and zoning is part of a larger initiative to bring Town-owned properties into the municipal boundaries. 

 

The property is zoned Agricultural One (A-1) in unincorporated Douglas County.  The Town does not intend to change the public access to, or open space and trail uses, on the property.  The proposed zoning is Public Land-2 (PL-2), a straight zone classification established in the Town of Castle Rock Municipal Code, Section 17.30.030, that allows open space, trails and associated service facilities as permitted uses.

 

Budget Impact

 

The proposed annexation and zoning will not generate impact fees.

 

Recommendation

 

Planning Commission recommends approval of the proposed Gateway Mesa annexation, as outlined in this report.

 

Planning Commission recommends approval of the proposed Gateway Mesa zone district classification as Public Land - 2, as outlined in this report.  

 

Proposed Motion

 

The annexation and zoning of the property are two distinct applications that requires two distinct motions.

 

Annexation

 

“I move to approve the Gateway Mesa Annexation ordinance, as introduced by title, on second reading.”

 

Zoning

 

“I move to approve the Gateway Mesa Zoning ordinance, as introduced by title, on second reading.”

 

Attachment

 

Attachment A:                     Vicinity Map

Attachment B:                     Annexation Ordinance

Attachment B:                      Exhibit 1:  Property Description

Attachment C:                     Zoning Ordinance

Attachment D:                     Annexation Plat

Attachment E:                     Gateway Mesa Open Space and Trail System Brochure

Attachment F:                      Hidden Mesa Open Space and Trail System Brochure

Attachment G:                      Surrounding Land Use Map