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HomeMy WebLinkAbout2.0 Staff Report BOCC 12.9.96PROJECT INFORMATION AND STAFF COMMENTS BOCC 1219196 A Zone District Text Amendment to Section 4.07.06, PUD residential density calculation Jane J. Jenkins, Stagecoach Associates, Ltd. REOUEST: APPLICANT: I.BACKGROUND / PROPOSED AMENDMENT The applicants were proposing a PLID plan that has a residential density in excess of four (4) dwellings per gross acre of the development. The present regulations require a PIID to be connected to a public water and sewer system "owned and operated by a municipal government or special district", to allow for the gross density to exceed the 4 du/ac and not exceed 15 du/ac. The applicants are proposing a PUD at the Ranch at Roaring Fork that exceeds the 4 du/ac., but would connect to a private water and sewer system that is not a municipal government or special district. As a result, the application cannot be considered, unless there is an amendment to the zoning resolution to allow for residential density in excess of 4 dr:/ac.. MAJOR ISSUES AND CONCERNS 1. Zonng. The present language in the Zonng Resolution was amended in 1983, to allow for high density residential PI-ID's in areas of the County that had existing zoning that allowed for multifamily dwellings that could exceed 4 du/ac. without PLrD rezoning, but could not benefit from the flexibility of design provided through the PLrD process. The present language reads as follows: 4.07.06 The overall residential density shall be no greater than four (4) dwelling units per acre within the P[ID; provided, however , that the County Commissioners may allow an increase to a maximum of fifteen (15) dwelling units per gross acre in areas where public water and sewer systems, owned and operated by municipal government or special district (as defined by Section 32-I-103(20), C.R.S.) are readily available and the prior zoning classification allowed residential densities II. 1 greater than four (4) dwelling units per acre, such densities being determined by reference to the maximum lot coverage, minimum setback, maximum floor area ratio, maximum building height and parking standards of such prior zoning classification. The overall average residential density shall be calculated by summing the number of residential dwelling units planned within the boundary of the PUD and dividing by the total gross area expressed in acres with the boundary of the PtID. Averaging and transferring of densities within the PtiD shall be allowed upon a showing of conformance to the purposes of this section ttrough appropriate utilization of the area within the PUD it achieve high standards of design and livability. The density of dwelling units in any particular area may be greater than the maximum permitted for a like use in other zone districts. The applicants propose to change the above language by adding the following language shown in CAPS and deleting the language in bold type: 4.07.06 The overail residential densiry shall be no greater than four (4) dwelling units per acre within the PUD; provided, however , that the County Commissioners may allow an increase to a maximum of fifteen (15) dwelling units per gross acre in areas where public ADEQUATE water and sewer systems, owned and operated by municipal government or special district (as defined by Section 32-1-103(20), C.R.S.) are readily available and the prior zoning classffication allowed residential densities greater than four (4) dwelling units per acre, such densities being determined by reference to the maximum lot coverage, minimum setback, ma.ximum floor area ratio, maximum building height and parking standards of such prior zoning classification FOR PUD APPLICATIONS INVOLVING 50 OR MORE NEW OR ADDITIONAL LINITS, CONNECTION TO A PI.IBLIC WATER AND SEWER SYSTEN4 OWNED AND OPERATED BY A MLINICIPAL GOVERNMENT OR SPECTAL DTSTRTCT (AS DEFTNED By SECTTON 32-1-103(20)) rS REQLTTRED. The overall average residential density shall be calculated by summing the number of residential dwelling units planned within the boundary of the PIID and dividing by the total gross area expressed in acres with the boundary of the P[ID. Averaging and transferring of densities within the PllD shall be allowed upon a showing of conformance to the purposes of this section through appropriate utilization of the area within the PLID it achieve high standards of design and livability. The density of dwelling units in any particular area may be greater than the maximum permiued for a like use in other zone districts. Comprehensive Plan: The Comprehensive Plan includes objectives that encourage and require that high density development (more than one (1) dwelling/acre) connect into existing water and sewer facilities. The PUD process is one of the most likely vehicles that a developer will use to propose high density housing, since the County's standard zoning classifications do not allow for a lot of flexibility in the layout of a project. The existing language in the PUD regulations only allows for the consideration of high density residential projects that are adjacent to a municipality or special district. To limit the consideration of projects that may meet all of the qualifications, except the access to a public water and sewer system owned by a municipality or special district, does not appear to be consistent with the Comprehensive Plan goals and objectives to encourage mixed housing types. 3. Other Comments: In 1983, when the amendment to allow for residential densities in excess of 4 dr-r/ac. and not over 15 du/ac., there were no areas of the County that appeared to qualify for the criteria that the underlying zoning already allowed for a density in excess of 4 dr:/ac. and did not have access to water and sewer systems operated by a municipality or special district. The Ranch at Roaring Fork may be the exception to this criteria, given the unusual nature of the 1970, Accommodations Resort Planned Development (P/D). Since the R at RF is not a special district, no PUD proposed within the boundary of the R at RF carl even be considered for approval by the County. Staffis not conceding that the PLID application being made by the applicants is acceptable at this time, but we are willing to acknowledge that there may be reason to consider densities in excess of 4 du/ac., if the water and sewer provider is willing and capable to serve the development needs, even though it is not a special district. As a matter of fact, staff has over the years, recommended to various boards of the R at RF to consider forming a special district to own and fiumage at least the sewer system. III.SUGGESTED FINDINGS 1.That the application for a text amendment was made to the Board of Cotrnty Commissioners. That the hearing before the Board of County Commissioners was efiensive and complete and all facts, matters and issues were submitted and that all interested parties were heard at the hearing. That the Plarming Commission recommended approval of the proposed text amendment. That for the above stated reasons, the proposed zone district text amendment is in the best interest ofthe health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 2. 3. 4. ry.RECOMMENDATION The Planning Commission recommended APPROYAL of the proposed Zone District Text Amendment to amend Section 4.07.06 of the Garfield County Zorung Resolution to read as follows: 4.07.06 The overall residential density shall be no greater than four (4) dwelling units per acre within the PUD; provided, however , that the County Commissioners may allow an increase to a maximum of fifteen (15) dwelling units per gross acre in areas where adequate water and sewer systems are readily available and the prior zoning classification allowed residential densities greater than four (4) dwelling units per acre, such densities being determined by reference to the maximum lot coverage, minimum setback, maximum floor area ratio, rnorimum building height and parking standards of such prior zoning classification. For PUD applications involving 50 or more new or additional units, connection to a public water and sewer system owned and operated by a municipal government or special district (as defined by Section 32-l-103(20)) is required. The overail average residential density shall be calculated by summing the number of residential dwelling units planned within the boundary of the PLID and dividing by the total gross area expressed in acres with the boundary of the PI-ID. Averaging and transferring of densities within the PUD shall be allowed upon a showing of conformance to the purposes of this section through appropriate utilization of the area within the PUD it achieve high standards of design and livability. The density of dwelling units in any particular area may be greater than the maximum permitted for a like use in other zone districts. /tr Hzilolz z ilo &r, cL*t /-zo7/4il - ztt/'qPrudn8 4