The Town Council will now consider a request for the approval of an amendment to the Castle Oaks Preliminary PD Site Plan.

Item # 8 Meeting Date: March 19, 2013 Public Hearing Ordinance No. 2013-09: An Ordinance Approving the Castle Oaks Estates Planned Development Plan No. 1, A Second Amendment to the Castle Oaks Preliminary PD Site Plan; and Providing for its Emergency Adoption on Second and Final Reading Ordinance Resolution The Town Council will now consider a request for the approval of an amendment to the Castle Oaks Preliminary PD Site Plan. 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. 1. 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. 2. 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: Applicant Presentation: Public Comment: Council Questions: Follow-up Questions: 5 minutes 5 minutes as needed as needed as needed Page 1

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, 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. Page 2

Item # 8 Meeting Date: March 19, 2013 AGENDA MEMORANDUM To: From: Title: Honorable Mayor and Members of Town Council Jason Reynolds, Current Planning Manager, Development Services Department Ordinance No. 2013-09: An Ordinance Approving the Castle Oaks Estates Planned Development Plan No. 1, A Second Amendment to the Castle Oaks Preliminary PD Site Plan and Providing for its Emergency Adoption on Second and Final Reading Executive Summary This Ordinance, as presented on first reading March 5, 2013, was approved by a vote of 6 for and 0 against. The applicant requests emergency adoption on second reading so that they may present the proposed Site Development Plan for approval at the same Town Council meeting as this Ordinance. Emergency adoption would allow the applicant to begin construction activities in early April rather than postponing the Site Development Plan hearing until after the 30 day referendum period. If the emergency adoption is not approved, the proposed Site Development Plan would be scheduled for a May 7 public hearing, the first Town Council meeting after the referendum period would expire. The purpose and intent of this report is to provide information for Town Council consideration regarding Castle Oaks Estates Planned Development Plan No. 1 (Attachment B). The 39 acre site is located east of Crimson Sky Drive, north and south of Autumn Sage Street (Attachment A). The Castle Oaks PD identifies the area south of Autumn Sage Street as Planning Area 9 and the area north of Autumn Sage Street as Planning Area 10 (Attachment C). The existing zoning allows up to 72 single family units in both planning areas; the applicant proposes increasing the total to 85 units. The proposed amendment also reduces the required setbacks and minimum lot areas within these two planning areas. Under the current zoning, the minimum lot area is 12,000 square feet and the front, side and rear setbacks are larger than proposed. The PD Plan proposes an 8,000 square foot minimum lot size in both Planning Areas. Modifying the allowable lot size and setbacks allows the developer to offer a different type of housing unit in these Planning Areas. The proposed density increases are mitigated by two factors: Page 1

these Planning Areas are nearly surrounded by open space tracts and the increase is offset by recent decreases in other Planning Areas (Attachment D). On February 14, 2013, the Planning Commission voted 6-0 to recommend approval to Town Council (Attachment E). The proposed amendment complies with the Town s Vision 2020, the 2020 Comprehensive Master Plan and the review and approval criteria established in the Municipal Code. Staff recommends approval. Notification and Outreach Efforts The proposed amendment was noticed in accordance with Town of Castle Rock Municipal Code; a notice was published on the Town website, a written notice was sent to all property owners within 300 feet of the subject property and public hearing signs were posted on the site. In addition, the amendment was featured on the In Your Backyard map. Although the applicant did not hold a specific neighborhood meeting on this project, the Castle Oaks/Terrain developer presented the Planning Area 9 & 10 proposal at an annual HOA meeting in December. History of Past Town Council, Boards & Commissions, or Other Discussions The Castle Oaks Preliminary PD Site Plan Amendment No. 1 was approved by Town Council on October 14, 2002. Planning Commission held a public hearing regarding this application on February 14, 2013, and voted 6-0 to recommend approval to Town Council (Attachment E). Discussion This application proposes modifying the Castle Oaks Preliminary PD Site Plan to allow 16 additional single family homes in Planning Areas 9 and 10, located east of Crimson Sky Drive and north of Autumn Sage Street. The application also proposes smaller lot sizes and setbacks to allow flexibility when siting homes on the lots. Although current zoning allows up to 72 units, the existing plat provides 69 single family lots. If the PD amendment and the proposed Preliminary Plat/Final PD Site Plan are approved, the applicant plans to build 85 lots. The site is surrounded by open space tracts within Castle Oaks and is located immediately south of the Douglas County Canyons South development. Vision 2020 Cornerstones Staff finds that the proposed amendment is consistent with the Town s Vision 2020 Cornerstones, as outlined below: Community Planning: Ensure the Town is carefully planned to accommodate the needs of existing and future residents, while preserving and protecting Castle Rock s Town identity and quality of life. Page 2

o Encourage a broad range of housing types to provide for all household types, ages, and income ranges within the community. The proposal would allow the Castle Oaks/Terrain developer to offer medium sized (8,000-23,000 square foot) lots in the two Planning Areas, which contrasts with the 4,900-11,600 square foot lots available south of Copper Cloud Drive (Attachment D). The proposed setback adjustments are similar to setbacks proposed in other areas of Castle Oaks. 2020 Comprehensive Master Plan Staff finds that the proposed amendment is consistent with the Town s 2020 Comprehensive Master Plan goals and policies, as outlined below: LU-1.6 Protect existing neighborhoods from traffic generated from outlying developments. Public Works found that the traffic generated by the proposed development can be accommodated by the road network. LU-1.6 Preserve the scale and character of existing neighborhoods. The proposed lot sizes are consistent with other areas of the Castle Oaks development. On average, they are larger than the areas that currently have homes. The open space tracts surrounding these Planning Areas help provide a buffer and preserve the scale and character of existing developments in Castle Oaks/Terrain. The closest occupied lot is located about 225 feet to the west on Wingtip Way in an area zoned for 4 dwellings per acre. This amendment proposes a density of up to 3 dwellings per acre, which is compatible with what exists. Planned Development Plan Review and Approval Criteria Staff finds that the proposed amendment is consistent with the review and approval criteria as established in Section 17.34.030 and as outlined below. The proposed amendment is primarily focused on amending setback requirements and identifying densities within a small portion of the PD, so many of these criteria will not be applicable. Community Vision/Land Use Entitlements 1. Complies with the most recent version of the Douglas County/Castle Rock Land Use Intergovernmental Agreement. Planning Area 10 is located just south of the Canyons South development in Douglas County. While Canyons South is generally nonurban in character, the area immediately north of the Castle Oaks site is zoned for 1.27 dwellings per acre, which is an urban density. Douglas County reviewed the proposed lot layout and had no comments on the proposal. Page 3

2. Conforms to the most recent versions of the Town's Vision, Comprehensive Master Plan and long range or master plans. As noted above, the proposed changes are compatible with the Town s planning documents. 3. Complies with design principles found in Chapter 17.10 As shown by the applicant s proposed Preliminary Plat/Final PD Site Plan, the proposed development complies with the design principles. For example, the more detailed plan preserves more open space tract area than the current layout. It also reduces street grades, provides traffic calming, and offers a trail through the open space tract located east of Crimson Sky Drive. Relationship to Surrounding Area 1. Provides appropriate relationships between use areas, both internal and surrounding, with adequate buffer areas provided if warranted. The proposal maintains the adequate buffers created by the original Castle Oaks Planned Development. The proposed lot layout in the Preliminary Plat/Final PD Site Plan provides more buffer adjacent to the Canyons South property located north of the site. 2. Provides innovative and creative plan design and layout. Not applicable to this small area of the PD. 3. Provides a variety of housing types, densities and open space. The Castle Oaks Planned Development as a whole provides a variety of housing types, densities, and open space. As noted above, the proposal would provide medium-sized single family lots as an alternative to the smaller lots on recent plats (Attachment D). 4. Identifies areas as mixed use and/or depicts areas that are buffer areas to comply with the residential/nonresidential interface regulations. Not applicable to this area of the PD. Circulation and Connectivity 1. Provides an adequate circulation system in terms of capacity and connectivity, which is designed for the type of traffic generated, safety, and separation from living areas, convenience, accessibility, noise, and exhaust control. 2. Provides for emergency vehicle access. Page 4

3. Accommodates an adequate, functional and safe street system for vehicular traffic generated by the development and passing through the development. 4. Provides for pedestrian and bicycle traffic in a safe and convenient manner, separation from vehicular traffic, and access to points of destination and recreation. The proposed changes do not affect the overall circulation system in the Castle Oaks Planned Development. The proposed setbacks require a minimum of 20 feet from the right-of-way to the garage. That minimum setback promotes pedestrian access by providing room to park a car in the driveway without blocking the sidewalk. Services, Phasing and Off-Site Impacts 1. Addresses fiscal impact of the project. The proposed modifications should be fiscally neutral. Although 13 additional units are proposed by the zoning, recent plats reduced the number of dwelling units in Castle Oaks by 72. 2. Provides an appropriate phasing plan which minimizes unnecessary utility extensions and adequately addresses other fiscal concerns of the Town. The developer anticipates developing these areas in a single phase. 3. Adequate water resources have been conveyed or purchased. Existing or proposed water and wastewater systems can support the proposed development pattern, uses and density. The Castle Oaks water bank has 1,280 single family equivalents (SFEs), which is more than enough for the proposed amendment area. If an amended plat is approved, an additional 16 SFE will be deducted from the water bank to account for the 16 additional dwelling units. If the developer eventually exhausts the water bank, they may acquire other SFE or purchase SFE from the Town for $2,750 per SFE. The Town s water and wastewater systems can accommodate the proposed density. 4. Existing or proposed stormwater systems can support the development and will comply with applicable regulations. Provides phased improvements in a logical and efficient manner. The proposed development will be a single phase. 5. Provides adequate consideration to the future extension of streets and utilities to adjacent properties. Page 5

The developer will extend water and sewer lines as needed. The Canyons South project in the County does not require a street or utility connection from this area. 6. Identifies and appropriately mitigates all traffic impacts, on- and off-site. Public Works reviewed the proposal and did not express concern about increased traffic. With recent plats reducing total density, the proposed density can be accommodated by the planned street network. Open Space, Public Lands and Recreation Amenities 1. Provides adequate trails, parks, recreation and open space. The proposed amendment does not affect trails, parks, recreation, or open space. A regional trail runs along the south side of Autumn Sage Street between Planning Area 9 and 10. 2. Provides an adequate trail system in terms of internal circulation and appropriate external connections. Although not specified on the proposed PD Plan, the associated Preliminary Plat/Final PD Site plan provides a pedestrian trail through the open space adjacent to Crimson Sky Drive. 3. Provides functional open space for recreation, views, density relief, convenience, function, and preservation of natural features, including significant tree stands, ridges, and stormwater areas. Open space reservations and public land dedications are of an appropriate configuration and location within the site and comply with any applicable requirements of Chapter 16.08, CRMC and this Title. The proposed amendment does not affect any of the planned open space areas in Castle Oaks/Terrain. The overall Planned Development sets aside 107 acres for parks and schools, 300 acres of dedicated open space, and 166 acres of private open space, which accounts for about 48% of the total land area in Castle Oaks. Preservation of Natural Features 1. Demonstrates sensitivity and limits disturbance to the site in terms of plan design and density to the site's major environmental characteristics including drainage ways, topography, view sheds and vegetation. The proposed amendment does not affect any major environmental characteristics. 2. The proposed PD Plan and zoning accommodate the Skyline/Ridgeline Protection Regulations in Chapter 17.48 and reasonably mitigates visual impacts upon off-site areas. There are no skyline or ridgeline areas in the proposed amendment. Page 6

3. Consideration shall be given to wildlife impacts in the layout of open space areas. Where designated threatened or endangered species are present, the development must conform to all applicable state and federal restrictions and permitting requirements. Colorado Parks and Wildlife reviewed the proposed lot layout with the Preliminary Plat/Final PD Site Plan and indicated that the proposed revisions adhere to Colorado Parks and Wildlife s best management practices for land development. Budget Impact No direct budget impact. Staff Recommendation Planning Commission voted 6-0 to recommend approval to Town Council and staff recommends to Town Council approval of the Planned Development Plan, based on the following findings: The proposal supports the goals and objectives of the Vision 2020 and the 2020 Comprehensive Master Plan. The proposal meets the review and approval criteria established in the Municipal Code under Section 17.34.030. Proposed Motion I move to approve Ordinance No. 2013-09, as introduced by title. Attachments Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Vicinity Map Ordinance Current Preliminary PD Site Plan and Setbacks Recent Castle Oaks Plats and Lot Sizes Planning Commission Minutes Page 7

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ATTACHMENT B ORDINANCE NO. 2013-09 AN ORDINANCE APPROVING THE CASTLE OAKS ESTATES PLANNED DEVELOPMENT PLAN NO. 1, A SECOND AMENDMENT TO THE CASTLE OAKS PRELIMINARY PD SITE PLAN; AND PROVIDING FOR ITS EMERGENCY ADOPTION ON SECOND AND FINAL READING WHEREAS, the Town of Castle Rock previously approved the Villages at Castle Rock PD on August 4, 1981 and the Castle Oaks Preliminary PD Site Plan Amendment No. 1 on October 14, 2002 (collectively, as amended, the Castle Oaks PD Plan ); and WHEREAS, SLV Castle Oaks, LLC ( Applicant ) is requesting approval of an amendment to the Castle Oaks PD Plan, as depicted on Exhibit 1 ( Castle Oaks Estates PDP ); and WHEREAS, the Castle Oaks Estate PDP is consistent with the Town s Vision 2020 and the Comprehensive Master Plan; and WHEREAS, in order to allow the Town Council to consider the applicant s request for a Preliminary Plat and Final PD Site Plan concurrently with this Ordinance, it is necessary for this Ordinance to become effective upon its adoption on second and final reading; and WHEREAS, public hearings on the Castle Oaks Estate PDP have been held before the Planning Commission and Town Council in accordance with the applicable provisions of the Castle Rock Municipal Code. NOW, THEREFORE, IT IS ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CASTLE ROCK, COLORADO AS FOLLOWS: Section 1. Approval. The Castle Oaks Estates Planned Development Plan No. 1, a Second Amendment to the Castle Oaks Preliminary PD Site Plan, attached as Exhibit 1, is hereby approved. Such approval supersedes the approvals previously granted by the Town of Castle Rock. Section 2. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect the remaining provisions of this ordinance. Section 3. Emergency Clause. For the reasons stated in the recitals to this Ordinance, it is declared that an emergency exists and it is necessary for the preservation of the immediate public health and safety for this Ordinance to take effect upon its adoption. Section 4. Safety Clause. The Town Council finds and declares that this ordinance is promulgated and adopted for the public health, safety and welfare and this ordinance bears a rational relation to the legislative object sought to be obtained.

APPROVED ON FIRST READING this 5 th day of March, 2013 by the Town Council of the Town of Castle Rock, Colorado by a vote of - 6 - for and - 0 - against, after publication in compliance with Section 2.02.100.C of the Castle Rock Municipal Code; and PASSED, APPROVED AND ADOPTED AS AN EMERGENCY ORDINANCE ON SECOND AND FINAL READING this 19 th day of March, 2013, by a vote of the Town Council of the Town of Castle Rock, Colorado of for and against constituting the extraordinary majority required by Section 2.02.100 of the Castle Rock Municipal Code. ATTEST: TOWN OF CASTLE ROCK Sally A. Misare, Town Clerk Approved as to form: Paul Donahue, Mayor Approved as to content: Robert J. Slentz, Town Attorney Bill Detweiler, Director of Development Services

EXHIBIT 1

ATTACHMENT C Amendment Area Amendment Area

PA 10 55 Platted 67 Proposed +12 Units Crimson Sky D r +16 units Autumn Sage St PA 9 14 Platted 18 Proposed +4 Units Zoned for 133 Platted at 98 Staff is reviewing proposal for 62 lots -35 units (approved) -71 units (potential) -29 units Zoned for 97 Plat appproved for 68-8 units Zoned for 157 Platted at 149

4 DU/AC Avg Lot: 11,200 sq. ft. Current: 2 DU/AC Avg. Lot: 16,720 sq. ft. 5 DU/AC Avg Lot: 8,675 sq. ft. 2 DU/AC Avg Lot: 16,679 sq. ft. Proposed: 3 DU/AC Avg. Lot: 9,529 sq. ft. 5 DU/AC Avg Lot: 7,163 sq. ft. Current: 2 DU/AC Avg. Lot: 18,012 sq. ft. Proposed: 3 DU/AC Avg. Lot: 13,075 sq. ft. 5 DU/AC Avg. Lot: 8,228 sq. ft. 8 DU/AC Current: Avg Lot: 4,678 sq. ft. Under Review: Avg Lot: 7,545 sq. ft. 4 DU/AC Avg. Lot: 8,929 sq. ft. 4 DU/AC Avg. Lot: 8,317 sq. ft. 4 DU/AC Avg. Lot: 8,620 sq. ft. 5 DU/AC Avg. Lot: 7,177 sq. ft. 8 DU/AC Avg Lot: 4,884 sq. ft. 5 DU/AC Avg Lot: 5,865 sq. ft. KEY: PD Zoning Density Existing/Proposed Lot Sizes

ATTACHMENT E Planning Commission Regular Meeting February 14, 2013 Minutes Planning Commission Chair Leslie Lee called the meeting to order at 6:00 PM Roll Call: Commission Members Present: Commissioners Leslie Lee (Chair), Rick Wood (Vice Chair), Mark Luongo, Michael Fronczak, Andrew Hauss, and Chris Horton Commission Members Absent: Commissioner Barbara Dash Town Council Liaison: Joseph Procopio Staff Members Present: Jason Reynolds, Current Planning Manager Melinda Pastore, Recording Secretary Certification of Meeting: Staff confirmed that notice of this meeting and the agenda had been posted and witnessed in accordance with the requirements of the Open Meetings Law. Approval of Minutes January 24, 2013 Regular Meeting: Commissioner Horton moved to approve the minutes as written. The motion was seconded by Commissioner Hauss.. Passed: 6-0 Public Hearing Item: Castle Oaks PD Plan No. 1 (formerly Castle Oaks Preliminary PD Site Plan Amendment No. 1) and Castle Oaks Filing No. 1 Preliminary Plat and Final PD Site Plan, Amendment No. 7: The Planning Commission confirmed that the case had been properly noticed and the staff report and PowerPoint presentation were entered into the public record. Mr. Jason Reynolds presented. The Terrain/Castle Oaks developer requested a PD plan to amend the existing Preliminary PD for an area located east of Crimson Sky Drive, north and south of Autumn Sage Street. The proposed PD plan adjusts the density from two dwellings per acre to three dwellings per acre, allows 8,000 square foot lots, and allows reduced setbacks to go with the smaller lots. The proposed Preliminary Plat/Final PD would allow 85 lots in the development area, an increase of 16 lots over what is currently platted. Applicant Presentation: (6:07 PM) Mr. Mitch Black, with Norris Design, presented in representation of Starwood, the developer of this project. Mr. Glen Smith, with Park Land Company, was also present and assisted in responding questions. Mr. Smith said he was at the December homeowner s association meeting, where this project was presented, and no comments were received from the homeowners. The applicant explained that the proposed lot arrangement reduced road grades, preserved more open space and vegetation, and allows them to offer a variety of larger lot options in this part of Castle Oaks. Public Comment: None

Motion: (6:39 PM) Commissioner Wood moved to recommend to Town Council approval of Castle Oaks Estates Planned Development Plan No. 1, formerly Castle Oaks Preliminary PD Site Plan Amendment No. 1, as presented with an exception for a lot size of 7,803 square feet for lot 13, block 2, and based on the findings in the staff report. The motion was seconded by Commissioner Hauss. Passed: 6-0 Motion: (6:40 PM) Commissioner Hauss moved to recommend approval of the Castle Oaks Estates Filing No. 1, Preliminary Plat Final PD Site Plan Amendment No. 7 to Town Council based on the findings in the staff report, with the plan as presented, with the exception for a lot size of 7,803 square feet for lot 13, block 2. The motion was seconded by Commissioner Fronczak. Passed: 6-0 Commissioner Items: A. Quorum for Meeting February 28, 2013: It appears there will be a quorum; however, Commissioners Horton and Dash will be absent. B. Quorum for Meeting March 14, 2013: It appears there will be a quorum; however, Commissioner Lee will be absent and Commissioner Wood will Chair the meeting. C. Committee Reports: None Town Council Update: Council Member Procopio updated the Commission regarding the North Meadows Extension project, Urban Renewal Authorities, the potential State legislation regarding firefighter unions, and Council s action on recreational marijuana. Director s Report: (6:54 PM) Mr. Jason Reynolds advised the Commission that, according to their website, Taylor Morrison is planning to sell homes in the mid $300,000 price range. This is in the area located west, directly across the street from the applicant s project. Ms. Melinda Pastore discussed the status of joint meetings, the upcoming February 25 th Development Services Boards and Commissions dinner, and the Planning Commission tour of the Plum Creek Water Purification facility, which is tentatively scheduled for March 28 th. Adjourn: (7:01 PM) Minutes approved by the Planning Commission on February 28, 2013 by a vote of in favor, opposed, with abstention(s). Planning Commission Minutes, February 14, 2013 Planning Commission 2