Public Hearing. Item # 9. Meeting Date: May 6, 2014

Transcription

1 Item # 9 Meeting Date: May 6, 2014 Public Hearing Ordinance No : An Ordinance Amending the Town s Zone District Map by Approving the Hazen/Moore Planned Development Plan No. 1, an Amendment to the Hazen/Moore Preliminary Planned Development Site Plan and Approving the Hazen/Moore Planned Development Zoning Regulations Second Reading Ordinance Resolution The Town Council will now consider a request for the approval of an amendment to the Hazen Moore PD Plan and PD Zoning Regulations. Town Council will conduct one public hearing for these interrelated items and hold separate votes for each ordinance. 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: Applicant Response: Council Questions: 5 minutes 5 minutes as needed 5 minutes as needed Page 1

2 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. Page 2

3 Item # 9 Meeting Date: May 6, 2014 AGENDA MEMORANDUM To: From: Title: Honorable Mayor and Members of Town Council Jason Reynolds, Planning Manager, Development Services Department Ordinance No : An Ordinance Amending the Town s Zone District Map by Approving the Hazen/Moore Planned Development Plan No. 1, an Amendment to the Hazen/Moore Preliminary Planned Development Site Plan and Approving the Hazen/Moore Planned Development Zoning Regulations Second Reading Executive Summary This ordinance was approved as presented on first reading on March 11, 2014 with a vote of 7 to 0 with no changes. The purpose and intent of this report is to seek Town Council action on the amended Hazen/Moore Planned Development Plan (Attachment B) and PD Zoning Regulations (Attachment C). The 21.1-acre site is located south of the Blackfeather condominiums, between Woodlands Boulevard and Front Street (Attachment A). The proposed mixeduse zoning eliminates more intensive commercial uses such as auto dealerships and kennels, while adding the possibility of single-family, two-family and townhome development. Planning Commission and staff find that the proposed zoning meets the objectives of the Town s Vision 2020, the 2020 Comprehensive Master Plan, and the review and approval criteria in the Municipal Code. At the February 27, 2014 meeting, Planning Commission voted 4-0 to recommend approval to Town Council. Two members of the public appeared at the hearing and spoke in favor of the proposed changes. Notification and Outreach Efforts The proposed PD Plan amendment and zoning regulations were noticed in accordance with the Town of Castle Rock municipal code. The applicant posted signs on the property, and mailed letters to property owners within 300 feet of the site. Town staff published notice on the Town s website and included the proposal on the In Your Backyard map. Page 1

4 The applicant held two neighborhood meetings. The first neighborhood meeting was on June 5, About 20 residents attended the meeting. At that meeting, the applicant presented a proposal to allow up to 372 units of multi-family housing on the site while eliminating some of the more intensive commercial uses. Residents expressed concerns about traffic, high density housing, the potential for low cost housing and crime, and parking/circulation. The applicant held a second neighborhood meeting on January 29, About 20 residents attended the meeting with representation from Blackfeather, Metzler Ranch, and the Haven (Hazen/Moore east of Woodlands Boulevard). The applicant presented revisions that eliminated the multi-family from the potential uses as well as three potential lot layouts all single-family, mixed single-family/townhome, and single-family with commercial along Front Street. The applicant emphasized that the layouts were only intended to represent possibilities that could be allowed under the proposed zoning. The neighbors expressed a preference for the all single-family layout but there was some acknowledgment that low intensity office/commercial uses could be appropriate along the Front Street corridor. Some concerns included lighting, traffic, potential building heights, how the Front Street frontage would look, and view preservation. History of Past Town Council, Boards & Commissions or Other Discussions On June 22, 2000, Town Council approved the Hazen/Moore Planned Development, which included property on both sides of Woodlands Boulevard and was an amendment to the original Metzler Ranch PD Zoning. The amendment changed the zoning east of Woodlands Boulevard from commercial to single-family residential (Attachment D and E). On February 27, 2014, Planning Commission held a public hearing on the proposed amendment. Staff provided a summary of the proposed changes and Planning Commission asked for clarification on whether the 1.2 acres of commercial specified on the plan was a minimum. Staff affirmed that although the applicant was adding residential to the mix, the site would retain commercial zoning; the PD Plan requires at least 1.2 acres of commercial but it could be larger. Glen Smith of Park Land Company provided a history of the property, which was originally part of the 320-acre Metzler Ranch integrated business area, which had been conceived as a Meridian style development. As Metzler Ranch developed, more residential got added to the mix of uses. He said they originally requested multi-family with this application but market and neighborhood feedback encouraged him to adjust the request to focus on lower density residential. Two members of the public were present and spoke in favor of the application. Commissioners stated that the proposed uses, along with the reduction in some of the height allowances, made the proposal a good fit for the surrounding residential. Planning Commission voted 4-0 to recommend approval to Town Council. Page 2

5 Discussion The 21.1-acre property is located south of the Blackfeather condominiums between Woodlands Boulevard and Front Street (Attachment A). The site is currently vacant and is zoned Integrated Business in the Hazen/Moore Planned Development. The Integrated Business zoning allows a variety of commercial uses such as retail, office, automobile dealerships, light industrial and transit terminals (Attachment E). The proposed zoning would eliminate some commercial uses and add single-family, single-family attached (townhomes), and two-family dwellings to the list of possible uses. The proposal removes auto dealerships, transit terminals, and boarding kennels from the list of permitted uses. The zoning would allow up to 148 residential dwelling units with a density of up to 8 dwellings per acre and requires at least 1.2 acres of nonresidential uses on the site. The density is comparable to the Morgans Run townhomes in The Meadows, which developed at 7.97 dwellings per acre. The adjacent Blackfeather density is 16 units per acre and the Haven density east of Woodlands is 2.65 units per acre. The proposed setbacks provide design flexibility. For commercial uses, the setbacks will be determined at the time of Site Development Plan. The proposal reduces allowable commercial heights: currently commercial uses may be 50 tall with up to 72 allowed with Town Council approval. The PD Plan only allows heights up to 50 and creates a 150 buffer along Woodlands Boulevard that limits height to 38.5, which helps mitigate the view impacts on The Haven to the east. For residential uses, the front yard setback allows living areas to be closer to the street than the garage and also allows front porches closer to the street. The following table describes the proposed residential setbacks: Minimum Lot Area Front Setback Side Setback Rear Setback Single-Family Detached Single-Family Attached 4,000 square feet 1,600 square feet 20 (face of garage) 10 (face of home) 5 (unenclosed porch) 5 (primary structure) or 0 (if approved on site development plan) 3 (accessory structure) 20 (primary structure) 3 (accessory structure) Corner Lot Side Setback Building Separation Building Height (face of garage) 10 (face of home) 5 (unenclosed porch) 0 20 Page 3

6 Analysis Vision 2020 Cornerstones Staff finds that the proposed Hazen/Moore 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. The proposed zoning helps accommodate future growth through logical infill development. The Town has developed both north and south of the Hazen/Moore site, and rezoning to include residential could facilitate development. The proposal also helps encourage a broad range of housing types with a proposed density between that of The Haven to the east and Blackfeather to the north. Local Economy: Promote economic self-sufficiency and long-term stability of the local economy to provide residents with a broad range of employment opportunities and to provide the Town with a healthy tax base. This Cornerstone seeks to achieve a balanced mix of commercial and residential growth. The proposed zoning requires at least 1.2 acres of commercial development on the site, which helps preserve that balance in Hazen/Moore Comprehensive Master Plan The Town s Comprehensive Master Plan identifies this area as a Mixed Use Area. The Master Plan states: The Mixed-Use Areas identified on the Land Use Plan Map are intended to accommodate a mix of land uses more intensive than the Residential Neighborhoods As depicted on the Land Use Plan Matrix, higher density residential and more intensive commercial, employment and industrial uses are preferred in these areas and less intensive uses, such as low density residential, are discouraged. The Comprehensive Master Plan discourages single-family detached housing in Mixed-Use areas, but it notes that specific land uses may or may not be appropriate dependent upon existing conditions. The proposed zoning includes a mix of uses and while it includes single-family detached housing as a possibility, it also requires development of at least 1.2 acres of commercial within the property. By reserving some land area as commercial, the proposal preserves the intended mixed-use character while offering residential alternatives to the current zoning. Page 4

7 Staff finds that the proposed Hazen/Moore PD Plan and PD Zoning complies with the Land Use principles established in the Town s 2020 Comprehensive Master Plan, as outlined below: LU-1.1 Create cohesive residential communities that include a school, a park or other recreation facilities, open space, community centers or neighborhood shopping. By reserving a portion of the site for commercial uses, the proposal helps create a cohesive residential community with services for residents. LU-1.4 New development shall provide appropriate buffers or other mitigation measures between residential areas and other land use activities to minimize noise, traffic, or other conditions that may pose a nuisance or danger to residents. The proposed PD Plan identifies areas that are subject to the Town s residential/non-residential interface. If those portions of the site develop as commercial, the interface regulations will require buffers, screening and other mitigation measures. Likewise, if this site develops as residential, it will be required to provide a buffer between the residential uses and the Scott property to the south, which is classified as a future Mixed-Use area. LU-2.3 Encourage a variety of housing types, including a mix of styles, density and compatible design to satisfy a wide range of needs. The Haven and Metzler Ranch are moderately low density single-family areas and the adjacent Blackfeather Condominium site provides higher density multi-family options. The proposed density of up to 8 dwellings per acre could potentially add to the variety of housing types in the area. LU-6.1 Encourage the development of commercial and industrial uses that can be integrated with the existing uses and would not create unacceptable nuisances due to the nature of the use or activity. The proposed zoning eliminates some of the less compatible commercial uses such as auto dealerships, boarding kennels, and transit terminals. 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 and as outlined below. Community Vision/Land Use Entitlements Page 5

8 1. Complies with the most recent version of the Douglas County/Castle Rock Land Use Intergovernmental Agreement. The IGA identifies this area as part of the existing Town boundary. The proposed zoning is urban in character and complies with the IGA. 2. Conforms to the most recent versions of the Town's Vision, Comprehensive Master Plan and long range or master plans. As noted in this report, the proposed changes are compatible with the Town s long range planning documents. 3. Complies with design principles found in Chapter Although many of the design principles are more applicable to Site Development Plans, when more specific grading, lot layouts, and other details are known, some of the principles are applicable to this proposal. The amended PD Plan promotes circulation and connectivity by designating a collector street to provide access both to Hazen/Moore and the unincorporated Scott property south of the site. The site will be served by Town utilities, which are located nearby. Relationship to Surrounding Area 1. Provides appropriate relationships between use areas, both internal and surrounding, with adequate buffer areas provided if warranted. The proposed PD provides appropriate relationships to surrounding areas. The plan identifies residential/non-residential interface areas on the north, south, and east. The interface areas will provide buffers between Blackfeather, The Haven and any non-residential development on the site. Should Hazen/Moore develop with residential uses, the interface regulations will require buffers between Hazen/Moore and the future mixed use identified on the unincorporated Scott property to the south. The interface treatments will be further refined with any potential annexation/zoning for the Scott property. 2. Provides innovative and creative plan design and layout. The proposed zoning requires at least 1.2 acres of commercial uses on the site. The conceptual collector street layout would make the southwest corner near Front Street and adjacent to the future mixed use Scott property the likely commercial area. If the rest of the site develops with residential uses, those uses will help buffer the proposed commercial from Blackfeather and The Haven. The collector street could provide a transition from residential to non-residential within this site. Page 6

9 3. Provides a variety of housing types, densities and open space. The proposed zoning allows up to 8 dwellings per acre. The potential medium density housing would provide an alternative to the lower densities in Metzler Ranch and The Haven, as well as the higher densities found in Blackfeather. The site was originally part of Metzler Ranch, which dedicated the regional park and school sites. 4. Identifies areas as mixed use and/or depicts areas that are buffer areas to comply with the residential/nonresidential interface regulations. The amended PD Plan identifies the boundaries between other developments as buffer areas and designates development within Hazen/Moore as mixed use. As a mixed use area, no buffers are required within this portion of Hazen/Moore. However, the residential/non-residential buffers between the site and Blackfeather, the Scott property, and The Haven will be detailed with Site Development Plans. 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. 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 development will provide adequate connections from both Front Street and Woodlands Boulevard. Residential streets within the development will meet Town standards. A collector street will connect to the Scott property to the south. The circulation will be further refined with Site Development Plans. Services, Phasing and Off-Site Impacts 1. Addresses fiscal impact of the project. The site is located between downtown and the Founders Parkway/Meadows Boulevard development corridor. Development on the site would be efficient: the site is centrally located and can be accessed through extensions of the adjacent Page 7

10 road network. Town utilities are located both north and south of the area and the road network can accommodate the project, whatever the commercial or residential mixture. If more of the site develops as commercial, the site will generate sales tax and employment. If more of the site develops as residential, the homebuilding will generate impact fees and use tax. Generally, residential development has a higher utilization of Town services. 2. Provides an appropriate phasing plan which minimizes unnecessary utility extensions and adequately addresses other fiscal concerns of the Town. Utilities are available nearby and the applicant will extend water/wastewater lines as needed with development. 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 Utilities Department has confirmed that 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. Stormwater impacts will be evaluated in more detail at the Site Development Plan stage. The Town found the applicant s stormwater evaluation sufficient for the PD Plan proposal. 5. Provides adequate consideration to the future extension of streets and utilities to adjacent properties. The developer will extend water and sewer lines as needed. The PD Plan includes a future collector street that will provide access to the unincorporated Scott property south of the site. 6. Identifies and appropriately mitigates all traffic impacts, on- and off-site. Public Works reviewed the proposal, including the applicant s Traffic Impact Analysis, and found that 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. Page 8

11 The proposal is located two blocks from the Metzler Ranch park, which includes ball fields, inline hockey rinks, and a skate park. If the site develops with residential uses, the Site Development Plan will specify open space and pocket parks. 2. Provides an adequate trail system in terms of internal circulation and appropriate external connections. The site is not located near any major trail corridors. Internal sidewalks will provide connections to both Front Street and Woodlands Boulevard. 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. There are no significant natural features on the site, which has been grazed for many years. If the site develops with residential uses, the project will require cash in lieu of land dedication in accordance with Chapter 16.8 of the Town s code. 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 site slopes about 60 feet from Woodlands Boulevard to Front Street. Grading and street layouts will be detailed with the Site Development Plan. There are no significant natural features on the site. 2. The proposed PD Plan and zoning accommodate the Skyline/Ridgeline Protection Regulations in Chapter and reasonably mitigates visual impacts upon off-site areas. The site is not located in the Skyline/Ridgeline areas. 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. The site has been grazed for many years and is located far outside likely Preble s Meadow Jumping Mouse habitat. Page 9

12 Budget Impact As discussed in the fiscal impact section, the mix of commercial versus residential uses will determine the utilization of Town services. The development will generate review and impact fees, along with use taxes. If more of the site develops with commercial uses, it will also generate sales tax and provide employment opportunities. Planning Commission and Staff Recommendation Planning Commission and staff recommend approval to Town Council, finding that the proposed amendment: Meets the goals of the Vision Meets the policies and principles of the 2020 Comprehensive Master Plan. Meets the review and approval criteria of the Municipal Code. Proposed Motion I move to approve Ordinance No on Second Reading. Attachments Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Vicinity Map Ordinance (Includes PD Plan and PD Zoning) Existing Preliminary PD Site Plan Existing PD Zoning Existing Uses and Proposed Uses Planning Commission Minutes Page 10

13 Milestone Barranca Tanoa Ct Sam Walton Ln Metzler Ranch Park Trail Boss Dr Trail Boss Ln Branding Iron Ln Deer Watch Dr Stampede Storm Cloud Way Stampede Dr Concho Ct Hondo Ct Purple Sage Lo o p Lazy K Dr Rawhide Cir Highway 85 Black Feather Trail Quarterhorse Trl Metzler Ranch Blackfeather Private B Rawhide Cir lack Feather Trl Kellogg Ct Town boundary (blue) Proposed Rezoning Area Tarpan Pl Dales Pony Dr Shire Cir The Haven Scott Property Liggett Road Walker Property (Pine Canyon application) Scott Boulevard Whis pering Oak Dr

14 ATTACHMENT B Second Reading Copy ORDINANCE NO AN ORDINANCE AMENDING THE TOWN'S ZONE DISTRICT MAP BY APPROVING THE HAZEN/MOORE PLANNED DEVELOPMENT PLAN NO. 1, AN AMENDMENT TO THE HAZEN/MOORE PRELIMINARY PLANNED DEVELOPMENT SITE PLAN AND APPROVING THE HAZEN/MOORE PLANNED DEVELOPMENT ZONING REGULATIONS WHEREAS, Park Land Company (Owner) has requested an amendment to the PD Planned Development zoning of the parcel described in Exhibit 1 (Property); and WHEREAS, Owner has requested approval of the amended Hazen/Moore PD Zoning Regulations (Zoning Regulations) attached as Exhibit 2, as the same affect the Property; and WHEREAS, Owner has requested approval of Hazen/Moore Planned Development Plan No. 1 (PD Plan) attached as Exhibit 3; WHEREAS, the Town s Comprehensive Master Plan designates the Property as suitable for mixed use development, which is represented by the mixture of commercial and residential uses within the proposed development; WHEREAS, the PD Plan and Zoning Regulations are consistent with the Town s Vision 2020 and the Comprehensive Master Plan; and WHEREAS, public hearings on the PD Plan and Zoning Regulations 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. Zoning Approval. The Hazen/Moore Planned Development Plan No. 1 and PD Zoning Regulations are hereby approved. The Town s Zoning District Map pertaining to the Property is amended accordingly. 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. 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.

15 APPROVED ON FIRST READING this 11 th day of March, 2014 by the Town Council of the Town of Castle Rock, Colorado by a vote of 7 for and 0 against, after publication in compliance with Section C of the Castle Rock Municipal Code; and PASSED, APPROVED AND ADOPTED this 6th day of May, 2014, by the Town Council of the Town of Castle Rock by a vote of for and against. 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

16

17 ZONING REGULATIONS FOR HAZEN / MOORE PLANNED DEVELOPMENT TABLE OF CONTENTS: Section 1: Section 2: Section 3: Section 4: Section 5: Section 6: Section 7: Section 8: Section9: Section 10: General Provisions Definitions Land Use Accessory Uses Temporary Uses Development Standards Control Provisions Site Development Plans Transitional Uses Severability of Provisions SECTION 1: GENERAL PROVISIONS 1.1 Adoption/ Authorization The Town Council has adopted the Hazen / Moore PD Plan and Zoning Regulations pursuant to Section of Title 17 (Zoning) of the Castle Rock Municipal Code after appropriate public notice and hearing. 1.2 Applicability The Hazen / Moore Planned Development Plan and Zoning Regulations shall run with and bind all landowners of record, their successors, heirs, or assigns of the land as approved by the Castle Rock Town Council. 1.3 Maximum Level of Development The total number of dwelling units approved for development within the established Use Areas is the maximum allowed for platting and development. The actual number of dwellings will be determined at the Plat and Site Development Plan stage of review based upon environmental constraints, utility and street capacity, compatibility with surrounding land uses, and other relevant factors.

18 1.4 Relationship to Town Regulations The provisions of these PD Zoning Regulations shall prevail and govern development of the Covenant at Castle Rock PD to the extent provided by Chapter (PD-Planned Development District) of the Castle Rock Municipal Code. All Town ordinances and regulations, as the same are amended from time to time, shall apply to and be enforceable in a PD. Accordingly, such Town ordinances and regulations shall govern and control over any conflicting provisions in the PD zoning regulations unless such conflicting provision is vested as an express development right under the applicable development agreement. SECTION 2: DEFINITIONS 2.1 Side Yard Use Easements occur from front property line to rear property line and extend from the Grantor's building foundation to the lot line between the Grantor's and Grantee's parcels, and shall be granted to the Easement Grantee per the restrictions outlined below. The following restrictions apply to the Side Yard Use Easements: A. Easement Grantee shall have full access and enjoyment of the easement including construction of improvements, use, and maintenance of the space included in the easement. Fences and walls used as privacy screens must be outside front and rear setback. Improvements including but not limited to decks, patios, landscaping, walls, fences, rails, furniture and similar elements are permitted within the defined Side Yard Use Easement. Decks, patios and walls, other than privacy screens, in excess of 30-inches in height, are not permitted. Only landscaping, hardscape, and irrigation improvements are permitted within front and rear setbacks. Side Yard Use Easement procedures and policies shall be managed by the Home Owners' Association (HOA). No improvements may be implemented at the detriment of the Grantor's ability to maintain their home. B. Side Yard Use Easements are permitted on detached single family lots only. C. All improvements by Grantee located within the Side Yard Use Easement shall be maintained by the Easement Grantee. D. Easement Grantor is ensured of access within this easement for maintenance and repair of the principal structure located on the Easement Grantor's lot and for no other purpose. The Design Review Committee/ HOA, approves all plot plans before authorizing application for review/ issuance of building permit. For issue resolution the Home Owners' Association is granted access into this easement. Town has no liability in the event a permit is issued without Design Review Committee/ HOA Authorization. E. All principal structures, including garages, owned by Easement Grantor shall be maintained by Easement Grantor. F. Grantee shall not alter finished grade and/or drainage patterns on the Grantor's property without the written approval of the Design Review Committee/ HOA and in compliance with all applicable Town regulations.

19 Easement Grantor: The lot owner granting side yard area to adjacent lot owner for use. Easement Grantee: The lot owner gaining side yard area from adjacent lot owner for use. SECTION 3: LAND USE 3.1 R-MR Residential-Mixed Use Residential A. Description and Purpose. This district is established in the Hazen / Moore Planned Development for the purpose of providing for a range of two-family (duplex) residential dwellings, attached and detached single-family residential dwellings and related uses and other non-residential mixed uses. Future land uses on this property will be compliant with all required Residential / Nonresidential Interface Ordinance standards, as appropriate, for both on-site adjacencies and off-site adjacencies. If an area receives residential Site Development Plan approval, non-residential uses shall be subject to the Town s home occupation regulations ( ). B. Permitted Uses. 1. One-family dwellings, detached (including garage) 2. One-family dwellings, attached (including garage) 3. Two-family dwellings (including garage) 4. Bed and breakfast inn 5. Boarding and rooming houses 6. Small in-home day care subject to the licensing requirements of the State 7. Open space/ trails 8. Parks / playground 9. Recreation facility 10. Public and quasi-public recreation facilities, including parks and playgrounds and their accessory structures, police stations, fire stations, water and sewer works, libraries, senior centers, and cultural art centers 11. Transportation R.O.W. 12. Automotive repair and service facilities 13. Community centers

20 14. Cultural Facility 15. Day care centers subject to the licensing requirements of the State 16. Financial institutions 17.Golf courses, Club/Private (Country Club) and similar private recreation facilities of a commercial nature 18. Heliports 19. Hospitals, nursing, and assisted living homes, other extended care facilities and clinics 20. Laundries 21. Light manufacturing uses 22. Mortuaries 23. Offices 24. Parking lots, structures and garages 25. Personal service establishments 26. Places of public assembly, entertainment and recreation 27. Professional research laboratories 28. Public and private community services 29. Public and private schools, colleges Universities and institutes, both academic and technical 30. Public lodging facilities, hotel/convention centers 31. Public or private membership clubs and health clubs 32. Religious institutions 33. Restaurants, lounges and fast food establishments 34. Retail stores, sales and display rooms and shops 35. Sales and information offices 36. Service related businesses 37. Veterinary hospitals

21 38. Warehousing and office / warehouse units 39. Underground public utilities and easements, including water, sewer, electric, gas, telephone lines, cable and other communications service lines 40. Accessory uses for all residential areas, including but not limited to: a. Receive-only satellite dish antenna and solar energy collection devices b. Home occupations c. Garage/yard sale subject to the following restrictions: 1. Limited to the principal or accessory residential structure and the driveway of the dwelling. 2. Limited in duration to forty-eight (48) hours and to two (2) such sales per residential property per calendar year. d. Parking of private vehicles e. Keeping of household pets f. Mother-in-law or nanny unit: defined as a dwelling associated with the main dwelling that is integrated in the overall design of the structure but may have a separate entry and kitchen facility. The unit must be attached to the main home or detached garage. Separate addressing or utility taps are not permitted. One additional parking space must be provided on the lot for the nanny unit. The design of the structure must accommodate a fire wall between the main home and nanny unit if a separate entry is proposed. Occupants of these units must be related to the family residing in the main residence by blood or marriage, or be full time employees of the family residing in the main residence. C. Uses by Special Review. Uses permitted by special review in the R-MR district shall be as follows: 1. Large in-home day care subject to the licensing requirements of the State 2. Group homes subject to the licensing requirements of the State and not located within one thousand five hundred (1,500) feet of another group home use 3. Temporary aboveground public utilities, including electric transmission lines, and gas regulator stations, provided that no public office and repair storage facilities are maintained on the site, cable television and telephone lines, telephone exchanges, electric substations and microwave transmission towers 4. Temporary uses as subject to the provisions of Section

22 5. All uses by special review shall meet the requirements of Section Open Space Use Areas, OSD, OSP, and PLD A. OSD: Land proposed to meet portions of the PD open space requirements of 20% for the entire parcel. OSD is maintained by the Town of Castle Rock. OSP: Land proposed to meet portions of the PD open space requirement of 20% for the parcel. OSP may be maintained by private Homeowner s Association, or other private ownership. PLD: Land Proposed to meet the land dedication or cash-in-lieu requirements as stipulated in Chapter of the Town of Castle Rock Subdivision Regulations. B. Permitted Uses 1. PLD: Parks, schools and other public uses, active and passive recreation activities, golf course, preservation of land for public purposes, railroad rights of way, roadway rights of way and including such structures and other improvements not inconsistent with the Land Dedication and Planned Development District ordinances. 2. OSD: Common open space which may include, but not be limited to, landscaped areas, swimming pools, tennis courts, play areas, walkways and bikeways, but excluding driving and parking areas. 3. OSP: Common open space which may include, but not be limited to, landscaped areas, swimming pools, tennis courts, play areas, walkways and bikeways, but excluding driving and parking areas. C. The boundaries and/or location of open space use areas depicted on the plan may be changed or adjusted, and shall be considered a minor amendment to the PD Plan, as long as the total combined OSD and PLD acreage is not reduced and vital open space corridors and linkages are not eliminated. 3.3 Utilities Dedication Use Area UD A. Permitted Uses. 1. All Town owned and operated utilities and drainage areas. 2. Other Public and/or Private utilities as authorized on Site Development Plan. 3. All uses permitted in the PLD Use Areas.

23 SECTION 4: ACCESSORY USES PERMITTED IN ALL USE AREAS A. Accessory Uses. 1. Underground utility and communications distribution lines. 2. Roadways, bike paths, pedestrian and equestrian trails. 3. Parking areas. 4. Open space and lakes, to include storm water drainage detention areas. 5. Well sites. 6. Solar collectors which are not part of the primary structure 7. Wind generators SECTION 5: TEMPORARY USES 1. Home/ Builder sales and information offices/ facilities provided that: (a) Such temporary structure is located within a Platted subdivision. (b) Sales are limited to those units within the Hazen / Moore PD Area. (c) Adequate access, parking, sanitary facilities, and landscaping are provided. 2. Construction office and/or trailer 3. Dwelling units to be used as models and/or sales and information offices; provided the unit so utilized is a permitted use in the use area where it is located. SECTION 6: DEVELOPMENT STANDARDS 6.1 Overall project standards. The standard zoning requirements of the Town of Castle Rock Zoning Ordinance including off-street parking, landscaping, site development, accessory and temporary uses, and use by special review and variance process shall apply to this PD, except as modified by the following:

24 Table 6.1A HAZEN / MOORE PD DEVELOPMENT STANDARDS STANDARD R-MR USE AREAS (Residential) R-MR USE AREAS (Non-residential) Single-family Single-family Detached Attached Non-Residential Use Minimum Lot Area (sq. ft.) 4,000 sf 1,600 sf N/A Minimum Setbacks: - (1) Front to Garage Door (3)(4)(5)(6) Front to Residence (4)(5)(6) Rear (4)(5)(7)(8)(10) Side Interior Lot (2)(4)(7)(11) Side to Street (4)(5)(6)(7) Building Separation (9) Max. Building Height (12) Max. Bldg. Lot Coverage N/A N/A 45% Notes: (1) To provide maximum flexibility for innovative design in the non-residential use category, the development of criteria for minimum building setbacks and maximum buildable slopes will be reserved until the presentation of site development plans, provided that no such site development plans will be presented for consideration or approved that does not contain specific criteria for the establishment of minimum setbacks and maximum buildable slopes. (2) Residential layouts with Side Yard use Easements are permitted and shall be determined at Plat. (3) The garage door face for the lot shall be at least 20' from the back of the public sidewalk. Non garage door face can have a minimum 10 setback. (4) Bay windows, cantilevers, chimneys, exterior posts/columns, solar panels, mechanical equipment, light fixtures and other similar architectural features are allowed to extend outward from the principal structure in front, side and rear yards. In no instance may an encroachment cross the property line. (5) Setback measured from right-of-way/property line to the building plane of the livable space, commercial space or other non-garage door side of a building. Non-livable spaces such as covered porches and courtyards can encroach into a setback up to 5' provided the encroachment is not within the public right-of way or transportation and utility easements. (6) The minimum setback of a side loaded garage is defined from the right-of-way/property line to the street-facing building plane. (7) Minimum 3 setback from accessary structures to property line. (8) Raised decks will be allowed a 10 rear set back when lot backs onto public or private open space with a depth of at least 20 feet. (9) A building may consist of multiple units; therefore the building separation is the distance between buildings. (10) Alley load product rear setbacks shall be determined at site development plan.

25 (11) 0 side setbacks for single-family configurations may be designated at the time of Site Development Plan When 0 side setback configurations are permitted, detached garages may also utilize 0 side setback. Additionally, maintenance easements must be provided for maintenance of property and provide for adequate drainage between the structures. (12) Building Height Limitation Zone; 150' portion of the site, parallel to Woodlands Blvd. shall have a maximum height of 38'-8". General Notes: (A) When necessary, tread of first entry step may be located immediately adjacent to public sidewalk to permit elevation gain immediately at property line. (B) A tandem garage configuration is calculated the same way as a garage with standard configuration for meeting residential parking requirements. (C) All setbacks are measured to right-of-way/property line and are exclusive of transportation and utility easements. (D). Roof overhangs are permitted in the building setback up to 24 and are not included as a part of lot coverage. In no instance may an encroachment cross the property line. Table 6.1B HAZEN / MOORE PD LAND USE SUMMARY LAND USE ACRES DU MAXIMUM DENITY PERCENT R-MR Dwellings/ Acre 87.7% UD-Detention 1.4* N/A N/A 6.7% Non-Residential R-MR Uses 1.2 N/A N/A 5.6% TOTAL AREA % *UD-Detention areas are not represented on the PD plan but will be located in the places necessary to accommodate future UD improvements during the Plat process. 6.2 Exterior Lighting, Signs, Landscaping Standards. Refer to Town of Castle Rock Standards. 6.3 Utilities. All public utility distribution lines must be placed underground. SECTION 7: CONTROL PROVISIONS A. Road Aliments. The Amended Planned Development Plan is intended to depict general locations of roadways, and access points. Recognizing that final road alignments are

26 subject to engineering studies, minor arterial and collector road realignments are expected, and can be accomplished by the developer through the platting process without any amendment to this ordinance or to the Plan itself. SECTION 8: SITE DEVELOPMENT PLANS 8.1 Submission of Site Development Plans and Plats and additional intonation. Following approval of the Amended Planned Development Plan, the property owners shall submit a Site Development Plan for all or any portion or portions of the general use areas as are then ready for development. No building permit will be issued until a Site Development Plan and Plat have been approved for the property or a portion of the property by the Town Council and duly recorded. SECTION 9: TRANSITIONAL USE After approval of the Preliminary Site Plan incorporated as part of this amendment to the Town of Castle Rock Zoning District Map, any portion of the Hazen / Moore PD which does not have an approved Site Development Plan may be used for agricultural purposes. These uses may continue until a final site plan for such property is approved or until such a time that the Town Council determines that the proximity of these uses to developed areas provides a negative impact to the health, safety or welfare of residents/owners of such developed areas. Permitted Agricultural uses including farming, ranching, gardening, and buildings accessory to these uses. In no event are commercial feed yards, poultry or hog farms permitted. Transitional Use Areas shall be closed to vehicular traffic and off-road recreational motor biking excepting agricultural vehicles and implements, emergency vehicles, vehicles engaged in utility and maintenance work, and designers of the developer and/or Town. Any activity permitted by this section shall be considered to be a valid pre-existing non-conforming use within the area described above until a Site Development Plan for such area or areas has been approved; provided however, that the Town Council reserves the right to prohibit such agricultural uses in areas for which no Site Development Plan has been submitted if the Council determines that due to the proximity of such uses to developed areas a danger exists to the health, safety or welfare of the residence of such developed area(s). SECTION 10: SEVERABILITY OF PROVISIONS In the event that any provision hereof shall be determined to be illegal or void by the final order of any court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43 ATTACHMENT E Current Zoning Compared to Proposed Zoning The proposed zoning includes a number of changes from the existing zoning. First, the proposal eliminates three uses that could have significant impacts on nearby residential neighborhoods: automotive sales, boarding kennels, and transit terminals. Second, it adds residential uses including single-family detached, single-family attached (townhomes), two-family dwellings, and typical residential accessory uses such as home occupations. Finally, the proposed zoning provides alternative names for some uses or moves those uses from accessory to permitted uses. P = Permitted; X= Not Allowed; A= Accessory Use Grey shading = difference between the existing zoning and the proposed zoning Current Zoning Use IB Integrated Business Proposed Zoning R-MR Residential- Mixed Use Residential Automotive sales P X Automotive repair and service facilities P P Community centers P P Financial institutions P P Heliports P P Hospitals, nursing and assisted living homes, P P other extended care facilities and clinics Laundries P P Light manufacturing uses P P Mortuaries P P Offices P P Parking lots, structures, and garages P P Personal service establishments P P Places of public assembly, entertainment, and P P recreation Professional research laboratories P P Public and private community services P P Public and private schools, colleges, P P universities, and institutes, both academic and technical Public lodging facilities, hotel/convention P P centers Public or private membership clubs and health P P clubs Religious institutions P P Restaurants, lounges, and fast food P P establishments Retail stores, sales and display rooms and P P shops Sales and information offices P P Service related businesses P P Transit terminals P X

44 ATTACHMENT E Veterinary hospitals P P Boarding kennels P X Warehousing and office/warehouse units P P Underground public utilities and easements A P One family dwellings detached X P One family dwellings attached X P Two-family dwellings X P Bed and breakfast inn P (not listed in zoning; could P be considered hotel with resident caretaker) Boarding and rooming houses X P Small in-home daycare subject to licensing X P requirements of the State Open space/trails/parks/playgrounds A P Recreation facility P (not listed separately in P zoning; allowed under places of public assembly, entertainment, and recreation Transportation right-of-way A P Accessory uses for residential uses X P Public and quasi-public recreation facilities, police stations, fire stations, water and sewer works, libraries, senior centers, and cultural art centers X (though some of these uses fit into other permitted categories) P

45

46

47

48

49