Staff Report 5-26-2016, Foxfield Town Ce[...]

Transcription

STAFF REPORT
Date:
May 20, 2016
To:
Town of Foxfield Board of Trustees
Public Hearing Date:
Continued Hearing Date:
February 24, 2016
May 26, 2016
Prepared by:
Brea Pafford & Chris Snyder
Applicant:
Clifton P. Schroeder
85 E. Oak Hills Drive
Castle Rock, CO 80108
Project Consultants:
Planner: Mark Nemger, Plan Mark Design, LLC
Engineer: Mace Pemberton, Mace, LLC
Traffic Engineer: Mike Rocha, SM Rocha, LLC
Property Owner:
Foxfield Town Center Partners, LLC
13877 Chenango Dr.
Aurora, CO 80015
Application Description:
Amendment to the Foxfield Master Plan and proposed Official
Development Plan (ODP) for a Planned Development (PD Rezoning)
FEBRUARY 24, 2016 HEARING SUMMARY: The applicant is requesting approval of two (2) separate land use
applications: an Official Development Plan (PD Zoning) and a Master Plan Amendment. A public hearing for this
development was initially held on February 24, 2016 where both the applicant and Town staff presented evidence
pertaining to the proposed land use applications. In general, staff found that the applicant met the minimum criteria
required for the proposed Master Plan Amendment, however, the analysis of the ‘PD Standard’s for Approval’
identified several key issues that staff determined warranted additional direction from the Town Board, as follows:
 Permitted Principal Use
 Building Height and View Corridors
 Building Coverage, Floor Area Ratios and Open Space
 Pedestrian Circulation/Connectivity between Planning Areas
 Parking and Loading Area Standards
 Utilities
 Development Phasing
 Higher Quality Development
Following the presentation of evidence by the applicant and Town staff, the Board opened the floor to hear
evidence from the public in attendance. Sixteen members of the Foxfield community spoke publicly regarding
concerns about the proposed development. The Board then asked specific questions of the applicant and staff
before confirming that more information was necessary. The Board directed the applicant to address the
conditions and key issues identified in the staff report. The evening concluded with the Board moving to continue
the public hearing to April 21, 2016 at 6:30 pm. This hearing was later continued until May 26, 2016 at 6:30 pm.
On May 2, 2016 the applicant submitted a revised ODP, project narrative and a point-by-point response letter to
address the key issues and draft conditions of approval.
A. Proposed Master Plan Amendment
PURPOSE OF THE FOXFIELD MASTER PLAN: The purpose of the Master Plan (also referred to as the
Comprehensive Plan) is to provide a guide for public officials, residents and others who are involved with planning
land use and development within the Town of Foxfield. The future land uses, goals and policies contained within
the Plan articulate a vision for future growth and development. Together, these key components help decision
makers evaluate rezoning proposals to ensure that development is consistent with the community character and
vision. The Master Plan is a dynamic document that may be updated as needed to accommodate changes in
Foxfield’s character and surrounding area.
Staff Comment: Section 5 of the Foxfield Master Plan designates six land use categories. These
categories are also graphically depicted on the Foxfield Land Use Plan Map. Descriptions for these land
use categories are as follows:
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Rural Residential with a minimum lot size approximately 2 to 2.5 acres in size.
Planned Residential allowing suburban type lots with densities of one unit per acre.
Planned Commercial allowing retail and office commercial uses.
Public related to the public right of way required for the Parker/Arapahoe Road interchange.
Institutional for uses including churches, nursing homes, private educational facilities, etc.
Open Space/Landscape ROW for parks, natural areas or landscape areas maintained by
the Town or other public entities.
The Master Plan recognizes that a seventh category of Planned Mixed-Use may be incorporated to
accommodate a combination of the Planned Residential and Planned Commercial on the same site. The
process to add a new land use designation to the Master Plan and/or modify the Land Use Plan Map is a
Master Plan Amendment.
The applicant is requesting approval of PD Zoning and Official Development Plan. Approval criteria for a
PD requires an amendment to the Master Plan if the proposed residential density is higher than one (1)
dwelling unit per acre. The proposed amendment would establish a Planned Mixed Use land use
category and revise the Land Use Plan Map to depict this land use within the Foxfield Town Center
development boundary. The applicant has provided the following description for the new category:
The Planned Mixed Use category will allow for development that provides a
combination of retail, offices, services, cultural facilities, civic uses and higher density
housing that is typically constructed in multi-story buildings. Office and residential uses
are encouraged to locate above ground floor retail and services. The overall density
should not exceed 20 DU/AC. Floor Area Ratios (F.A.R.) for commercial development
would typically be within the range of 0.75:1 to 1.0:1.0. Parking for shared uses should
be carefully assessed so that spaces are provided but to avoid the presence of large
fields of unused parking.
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The proposed amendment to add the Planned Mixed-Use designation and revised Land Use
Plan Map is required with an approval of the proposed PD Zoning. The land use description is
consistent with the proposed land uses and development standards provided in the Foxfield
Town Center ODP.
II. AMENDMENT CRITERIA: Section 6 of the adopted Master Plan sets forth the general criteria for the
consideration of proposed amendments.
1. Statutory Requirements—any amendment to the text or map of this plan must conform to the notification and
public hearing requirements as specified in Colorado Statutes.
Staff Comment: The notification and public hearing requirements for the proposed Master Plan
amendment was provided as required by Colorado Statutes and the Town of Foxfield notice
requirements.
2. Amendments to the Land Use Plan Map—any person proposing an amendment to the Land Use Plan Map
must meet the following criteria prior to submitting a formal application to Foxfield.
a. The proposed amendment will be shown on a plan that illustrates the proposed land use, general
location of buildings and other improvements, general alignment of streets, location of parking areas and
illustrative landscaping. The plan must be sufficient in detail to allow adjacent property owners and
interested public to visualize the development.
Staff Comment: The applicant has provided an amended Comprehensive Plan Land Use Map that
depicts the location of the proposed Planned Mixed-Use land use category. The applicant has also
included a Development Concept Plan as part of the ODP to illustrate one possible arrangement of the
buildings, parking areas, landscaping, plazas and open space. In addition, the applicant has submitted
3D model views of the conceptual layout. However, the first note on sheet 5 of the ODP clearly states that
the conceptual site plan does not represent the final design for the development. Although the Land Use
Plan Map and Development Concept Plan meet the minimum requirements to allow the property owner
and the public to visualize a possible concept, staff would like to stress that the proposed ODP permits
development of this site that may not be consistent with the conceptual information submitted.
b. The applicant will hold a meeting to present the proposed conceptual plan. All property owners within
750 feet of the site will be notified of the place time and purpose of the meeting.
Staff Comment: A neighborhood meeting was held on June 10, 2015 where the applicant presented a
proposed development consisting of 60 senior housing dwelling units within PA-2 and 90 dwelling units
with 75,657 square feet of retail use and 8,750 square feet of restaurant use in PA-1.
 The development concept presented during the neighborhood meeting is consistent with the
building, parking, access and open space arrangement depicted on sheet 5 of the ODP. However,
the proposed ODP permitted many more principal uses than those that were initially presented to
the community during the neighborhood meeting. The applicant has since made revisions to the
ODP so that it now reserves a minimum of 70% of the ground floor level for retail uses, which
generate sales tax revenue. The proposed Hotel use in PA-1 also offers another opportunity for the
Town to generate additional tax revenue.
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POTENTIAL MOTIONS FOR THE BOARD’S CONSIDERATION: Below are the possible motions regarding the
Master Plan Amendment. These motions may be amended by the Board as necessary. Note: If the amendment to
the Master Plan is denied by the Board, then no further action is required, as the proposed PD would not comply
with the residential density Standard for Approval pursuant to section 16-2-70(d)(2).
1.
Master Plan Amendment
a. The Town Board finds that the proposed amendment to the Town of Foxfield Master Plan and Land
Use Plan Map substantially meet the minimum criteria and moves to APPROVE the proposed
application. Staff shall prepare the required resolution for Board approval.
b. The Town Board moves to DENY the proposed application.
B. PD Zoning and Official Development Plan
STANDARDS FOR APPROVAL: Staff provided a detailed analysis of how these standards are addressed in the
proposed development (refer to pages 17-23 of the February 17, 2016 staff report). The following is a brief
summary of the standards that shall be utilized by the Planning Commission and the Board of Trustees in
evaluating any plan for Planned Development:
Standard
Open space
Residential
density
Per Section 16-2-70(d):
Standard requires a minimum amount of open
space.
Standard limits to 1DU/AC, unless amended in the
comp plan.
Building Gross
Floor Area
Standard allows the Board to place limits on total
GFA for a specific use.
Architecture
Standard requires building facades to have clearly
defined & highly visible pedestrian entrance.
Street
Circulation
Standard requires the development to provide
adequate site circulation that can be accessed by
emergency services.
Also requires the development to have provisions
for using and maintaining circulation facilities.
Standard requires conformance with the Town’s
minimum parking standards.
Intent Statement: preserve natural features, where
possible.
Parking
Natural
Features
Status of Proposed ODP
The ODP complies by requiring a minimum of 25%
open space.
The ODP proposes 12 DU/AC (93 Units) in PA-1
and 20 DU/AC (62 Units) in PA-2.
The ODP does not comply without an amendment to
the Master Plan.
The ODP identifies the proposed maximum GFA
permitted for each use. It was revised to state that
70% of the 1st floor must be reserved for uses that
generate sales tax revenue. Individual retail tenants
may not exceed 50,000 SF. Uses that do not
generate sales tax revenue are limited to 85,000 SF
maximum for PA-1.
The ODP identifies architecture standards that state
compliance with this standard. ODP was revised to
include additional architecture standards beyond
minimum required. This could be considered as
something that will contribute to the overall
development quality.
The ODP provides adequate site circulation, and
currently only allows access off of S. Lewiston Way.
However, the proposed access to PA-2 is
unresolved and pending CDOT review and
approval.
The ODP states that parking will be provided per the
Town’s current requirements.
The ODP does not identify any natural features that
will be preserved. This standard could be
considered not applicable to this particular site.
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Standard
Housing Variety
Per Section 16-2-70(d):
Standard requires the development to provide for a
variety in housing types and densities, other
facilities and common open space.
Dwelling
Privacy
privacy between dwelling units.
Pedestrian
Circulation
pedestrian ways adequate in terms of safety,
separation, convenience and access to points of
destination.
Public Utilities
Standard requires the development to be served
with public water and sanitary sewer.
Building Heights
Standard permits the building heights in the
development to be increased or decreased above
maximum permits for like buildings in other zone
districts based on the relationship of 7
characteristics.
Status of Proposed ODP
The ODP proposes multi-family residential in PA-1
and Sr. Housing in PA-2. The ODP also requires a
minimum 25% open space. The ODP was revised
to require a minimum 5% of open space to be plaza
areas. The ODP also requires the construction of a
public trail facility.
The ODP does not stipulate privacy between
dwelling units as multi-family is proposed; however,
privacy will be provided from within the buildings.
The ODP does require a 25-foot use separation
buffer between PA-2 and the existing residential
uses. The ODP was revised to require a minimum
32 SF of private outdoor balcony or terrace space
for each dwelling unit.
The ODP was revised to require connectivity
between planning areas and internal pedestrian
facilities within each planning area. The ODP also
addresses pedestrian connectivity to offsite facilities
(i.e., between the existing park and the
Arapahoe/Parker intersection).
The ODP was revised to depict the locations of
existing and proposed water, storm and sanitary
utility lines. ACWWA has provided a will serve letter
based on the demands for the proposed densities
and uses.
The ODP proposes building heights of 70 feet. This
is taller than the existing zoning allows in PA-1. The
building heights in PA-2 are consistent with what the
existing zoning allows in PA-2.
The building height issue has still not been resolved.
STATUS OF DRAFT CONDITIONS: The February 17, 2016 staff report included a list of possible approval
conditions based on the key issues that were identified and discussed by staff during the public hearing. Out of the
26 original conditions, staff has identified only 4 of the original conditions that currently remain unresolved, as
follows:
1. Medical/Dental Offices or Clinics shall be removed from the permitted principal uses list in PA. These uses may
be listed as an accessory use in PA-2.
Staff Comment: The applicant has stated that removing Medical/Dental Offices from the permitted uses in PA2 will limit the flexibility that may be needed to address future changes in market conditions and still provide a
quality development for the Town of Foxfield. Therefore, the applicant is requesting Board approval of the ODP
with this remaining as a permitted use in PA-2. The applicant has also pointed out that Laboratories have been
removed from the permitted uses list within PA-1. Note: staff has not included this as a condition of approval,
however the Board may include this, as needed.
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2. Provide limits on permitted number of stories, and/or building elevations demonstrating the proposed bulk/mass
requirements of this ODP. Maximum building heights within PA-1 should be reduced to be no more than
_______ feet.
Staff Comment: The ODP permits a maximum building height of 70 feet within PA-1; the current zoning
restricts buildings to 25 feet. The ODP does not address a maximum building height elevation nor does it set a
maximum number of stories above grade. In response to this condition, the applicant has provided a detailed
written explanation in the Revised Project Narrative (pages 3-4) to reiterate why the proposed building heights
are necessary for this mixed-use development concept. Included in this narrative are references to other
existing mixed-use developments that were researched by the development team. The applicant has also made
a case that 1) a majority of the parking will need to be located underground to maximize the commercial retail
component of the project; and 2) this type of parking arrangement is only financially feasible with the proposed
residential density of 12 DU/Ac. A breakdown of floor heights for similar mixed-use developments is also
provided by the applicant in the narrative (page 4, paragraph 4). If the Board finds that 15-foot floor heights are
reflective of a higher quality mixed-use development, then it may be appropriate to also limit the maximum
number of stories (above grade) in addition to the maximum building height.
As noted in earlier staff reports, cross-sections/elevations were not provided in the ODP to demonstrate the
appearance of the proposed building heights for the mixed-use development. Although the applicant provided
3D model views, these provide no real guarantee that PA-1 will be developed as depicted. Further, there is no
guarantee that foundations or finished floor elevations would be set at an elevation below existing grade.
Vertically stacked uses could result in more efficient use of open space, but there is no guarantee that this will
occur. In terms of building coverage, FAR, and open space, the ODP would permit a single story and/or a
single use building at 75% building coverage. To maximize open space and encourage vertical mixed use, the
building coverage should be less than the maximum permitted FAR.
Staff has thus recommended as a condition of approval that the ODP define in respect to permitted building
heights a not-to-exceed fixed elevation plane, a maximum building height, or a fixed number of floors
(whichever is less).
3. Include a comprehensive narrative on utilities and state that sanitary sewer will require a main line extension
across Parker Road. The following shall be depicted and clearly labeled on Sheet 2: 1) All existing and
proposed water, sanitary sewer and storm sewer lines and easements.
Staff Comment: Staff requested but did not receive a revised drainage report. The preliminary drainage
design concept was determined to be acceptable but there were additional comments for the plan and report
that remained to be addressed. Based on the written response to staff comments, it appears the comments
have been addressed. However, without a copy of the most recent drainage report and drainage plan sheet,
staff is unable to verify this and thus requires submission of this revised drainage report as a condition of
approval.
4. The applicant shall enter into an Improvement Agreement to ensure the provision and construction of public
improvements, off-site infrastructure, and on-site amenities.
Staff Comment: An Improvement Agreement is required at the time of final subdivision plat, as per Section
60-2-80(c)(2). A narrative related to this topic is provided in the ODP under Public Improvements, including the
statement that the agreement “will be executed at the time that the Final Development Plan is approved.” The
applicant maintains they are unable to revise this time sequence, indicating “the appropriate time to enter into
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an Improvement Agreement is at the time the Final Development Plan is approved.” This is inconsistent with
the code requirement. Staff has thus recommended as a condition of approval the correction of language used
in the Public Improvements section of the ODP to accurately reflect that the Improvement Agreement needs to
be executed at the time of final subdivision plat.
ODP REVIEW CRITERIA: Any official development plan shall be reviewed to ensure that the general public
health, safety and welfare are safeguarded and for substantial conformance to the following applicable review
criteria. Please note the applicant submitted a point-by-point memo, “Foxfield Town Center ODP: Conformance
with Foxfield Municipal Code Section 16-2-80” that also addresses the criteria below.
1.
The official development plan is consistent with the Town's Comprehensive Plan and other adopted plans.
Staff Comment: The applicant has stated in the Revised Project Narrative (May 2, 2016) and Criteria
Conformance Memo (May 16, 2016) that the proposed ODP will help achieve the Goals of the
Comprehensive Plan by:
 Providing an alternative to single family development that would be heavily impacted by Parker Road.
 Raising sales tax revenue for the Town to address infrastructure improvements and property tax relief.
 Creating a development buffer for the interior single-family lots along Parker Road.
 Providing a trail link between Norfolk Court to the Arapahoe/Parker Road intersection.
Staff previously identified and provided detailed comments related to four Master Plan policies relevant to
the proposed PD (refer to page 11-12 of the initial staff report) including: Land Use, Roads/Transportation,
Views and Trails/Open Space. Based on the initial analysis and the revisions that the applicant has made to
the ODP, staff submits the following comments:
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The proposed development is located in an area that is identified by the Master Plan as a prime
location for commercial and other uses.
The applicant has made revisions to the ODP that now reserves a minimum of 70% of the ground
floor level for retail uses, which generate sales tax revenue. The proposed Hotel use in PA-1 also
offers another opportunity for the Town to generate additional tax revenue. Although the Town
does not currently have a Lodging Tax, this is something that could be considered by the
community to maximize the financial benefit of this development.
The revised ODP now requires pedestrian connectivity between planning areas and internally
within each planning area. Note that the proposed trail connection to the existing trail facilities
located in the Town’s open space and the CDOT detention facility is now shown as a proposed 10foot trail rather than the 12-foot connection shown in prior ODPs.
Traffic impacts to residential neighborhoods are being mitigated by restricting site access to S.
Lewiston Way.
As part of the PD Zoning approval, the applicant has submitted a proposed amendment to the
Master Plan Land Use Map to designate the two parcels as Planned Mixed-Use.
Impacts to existing western vistas are still likely. It is possible for views to be impacted by any
building within this development, even buildings that are limited to 25 feet or 35 feet in height
pursuant to the existing zoning.
Finally, the applicant maintains that this development concept is based on the results that came out of the
Economic Development Forum where participants identified a mixed-use development as an economic
development opportunity that should be pursued in Foxfield.
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2.
The official development plan achieves the stated objectives of the Planned Development District, by
allowing for the mixture of uses and greater diversity of building types, promoting environmental protection,
limiting sprawl, improving design quality and a higher quality living environment, encouraging innovative
design and a variety of housing types and managing the increase in demand for public amenities.
Staff Comment: Staff analysis suggests that the ODP allows for the mixture of uses, a diversity of building
types, and a housing type that is not currently available within the Town of Foxfield. In the applicant’s
response to how this development achieves innovation in development that meets the growing demands of
the area population, it states that the development concept has purposely not offered a development plan
that separates uses with the hope of creating a true ‘Town Center’ and new neighborhood within Foxfield
(refer to page 2, item #2, Revised Project Narrative).
A complete analysis of the stated objectives for the PD Zone district was provided in the initial staff report
(refer to pages 6-8.) To address some of the concerns that staff previously identified, the applicant has
revised the architectural design standards to address screening and locational requirements for loading
areas and trash enclosures. These standards now include a list of exterior building materials that are
permitted or prohibited that will contribute to the overall design quality of the development. Per staff’s
suggestion, a minimum requirement for private outdoor space in the form of a balcony or terrace is now
required for each multi-family residential unit.
Staff also believes the proposed development will provide an important public amenity in the new trail
connection and proposed plaza areas. The ODP also now requires quantifiable amenities like benches, bike
racks, trash receptacles and landscape planters.
3.
The proposed land uses are compatible with other land uses in the development and with surrounding land
uses in the area and the type, density and location of proposed land uses are appropriate based on the
findings of any required report or analysis.
Staff Comment: The ODP depicts the required 25-foot separation buffer between residential uses and nonresidential development as required by Section 16-3-130(a). The development concept plan also depicts the
required landscaping within the use buffer area as required pursuant to Section 16-3-90. The proposed
building heights within PA-2 of 35 feet are compatible with the permitted building height for principal
structures. Note that these heights are currently already permitted on the site. The applicant is proposing
significantly taller building heights on PA-1 with a maximum height of 70-feet. However, the Conceptual
Drainage Plan depicts proposed site grading that would lower the existing high point elevation by
approximately 10 feet.
The applicant notes in the Criteria Conformance Memo that the proposed land uses are compatible with
each other within the development, with the aim to create an urban neighborhood where neighborhood retail
and services are supported by local residents and visitors. The applicant maintains the proposed commercial
land uses are compatible with the adjacent Foxfield Village Center commercial development and other
commercial developments in the area. The applicant further states that all proposed uses meet market
demand based on market analysis.
Several of the public comments from February 24, 2016 included a general concern over the proposed
densities and multi-family type housing within both planning areas. The applicant has stated that the
proposed residential density is a required financial component in order to maximize the commercial retail
uses within of this development and ensure a successful mixed-use development (refer to page 4 ‘Building
Height’, Revised Project Narrative).
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4.
The street design and circulation system are adequate to support the anticipated traffic and the proposed
land uses do not generate traffic volumes which exceed the capacity of existing transportation systems or
that adequate measures have been developed to effectively mitigate such impacts.
Staff Comment: The applicant has stated that the ODP provides a number of traffic/circulation
improvements over the existing PDP, as the existing zoning necessitated access to PA-2 from the existing
residential neighborhood (refer to page 2, item #3, Revised Project Narrative).
A traffic study was submitted with the PD Zoning application and is based on the proposed development
program presented by the applicant on February 24, 2016. Based on this study, the existing street design
and capacity seems adequate to support the anticipated traffic. The applicant has also stated that the access
permit and access control line (A-line) applications have been submitted and are currently under review by
CDOT. As previously stated this process could take up to a year to complete. Prior to recordation, the
following note shall be included on the ODP: “No building permits shall be issued on PA-2 until CDOT has
approved access from S. Lewiston Way.” Staff has recommended this as a condition of approval.
5.
The official development plan adequately mitigates off-site impacts to public utilities facilities and the large lot
residential development, which is the predominant land use within the Town.
Staff Comment: The applicant has revised the ODP to provide staff with a general understanding of the
utility infrastructure required to serve the proposed development. The Development Schedule note on sheet
1 of the ODP states that utilities will be extended to both planning areas within the development prior to the
issuance of any building permits by the Town. Staff believes that the proposed extension of the sanitary
sewer across Parker Road is an important public improvement that will also benefit future development
opportunities within the Town.
In an effort to mitigate off-site impacts to existing residential development, the applicant met with adjacent
property owners to assess their existing views and work to identify primary concerns related to the proposed
development. The applicant also developed a 3D model of the conceptual development and submitted photo
simulations to provide the Town Board with an understanding of the proposed buildings and architectural
detail.
The applicant notes that the ODP mitigates off-site impacts by prohibiting development traffic from
connecting directly into the residential neighborhood by way of Costilla Avenue and by providing a 25-foot
wide landscape buffer along the east property boundary (Criteria Conformance Memo). The applicant states
as well that land uses closest to existing large lot residential properties are limited in the ODP to senior
housing or office with building heights matching authorized residential heights. The applicant notes the
additional architectural standards that will provide a high quality development.
The Town Engineer states that based on information provided, current layout and will serve letters are
generally sufficient for this ODP submittal. Staff will expect to see all proposed utility connections, and
subsequent impacts to neighboring properties, Town Right of Way, drainage facilities, etc., in the FDP
submittal.
Staff requested but did not receive a revised drainage report. As per the February 17, 2016 staff report:
“Staff finds that conceptual drainage design presented by the applicant in the Phase I Drainage Report and
Phase I Conceptual Drainage Plan is acceptable. The preliminary design of the drainage and water quality
structures and the capture of stormwater is consistent with sound engineering design. However, staff finds
that the applicant should revise the drainage report and the drainage plan to address the February 15, 2016
engineering comments and map redlines attached with this staff report.” Thus, the drainage design concept
was determined to be acceptable but there were additional comments for the plan and report that remained
to be addressed. Based on the written response to staff comments, it appears the comments have been
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addressed. However, without a copy of the most recent drainage report and drainage plan sheet, staff is
unable to verify this and thus requires submission of this revised drainage report as a condition of approval.
6.
The fiscal impacts have been satisfactorily addressed and the Town or special district will be able to provide
adequate levels of service for police and fire protection, street maintenance, snow removal and other public
services or that adequate measures have been developed to effectively mitigate such impacts.
Staff Comment: The Public Improvements section on sheet 4 of the ODP requires the applicant to enter
into an Improvement Agreement that will ensure the construction of all public improvements, off-site
infrastructure, on-site amenities and maintenance of common areas. On page 6 of the Revised Project
Narrative, the applicant provides general information on the typical purpose of a metropolitan district in a
mixed-use development project like Foxfield Town Center. Both the ODP and the narrative state that the
applicant will address the issue of the metro district and the details of the infrastructure, services and
amenities at the time of the Final Development Plan. However, the Improvement Agreement will actually be
required as part of the Subdivision application process; it must be executed at the time of the final
subdivision plat as per Section 60-2-80(c)(2). Staff has thus recommended this as a condition of approval.
The ODP generally states a clear process of when and where these issues will be addressed by the
applicant and the Town. It also provides a general understanding of the public improvements that will be
required of this development.
The applicant has also provided an updated sale tax table on page 6 of the Revised Project Narrative. This
was revised from a previous version of this table to address a more realistic number for the potential sales
tax revenue that might be generated if the proposed use and floor area requirements are applied to the
buildings depicted in the Development Concept Plan, sheet 5 of the ODP.
7.
Higher levels of amenities, including open spaces, parks, recreational areas and trails, will be provided to
serve the projected population.
Staff Comment: The ODP addresses a range of required development amenities (e.g., plazas, landscaping,
site furnishings, etc.), open space, pedestrian connectivity and trails. The ODP provides a minimum of 25%
open space, with a minimum 5% of open space to be plaza areas. It also requires the construction of a
public trail facility. The ODP was revised to require a minimum 32 SF of private outdoor balcony or terrace
space for each dwelling unit. The ODP was also revised to require connectivity between planning areas and
internal pedestrian facilities within each planning area. The ODP addresses pedestrian connectivity to offsite
facilities (i.e., between the existing park and the Arapahoe/Parker intersection).
8.
The official development plan preserves significant natural features and incorporates these features into
parks and open space areas.
Staff Comment: The ODP does not identify any significant natural features that currently exist on this site.
The Revised Project Narrative states that the site has experienced complete physical disturbance from the
ramp construction for the Parker/Arapahoe Interchange. Staff believes that this criterion is not applicable to
this particular PD Zoning Application.
9.
There are special physical conditions or objectives of development that the proposal will satisfy to warrant a
departure from the standard regulation requirements.
Staff Comment: Section 16-2-70(a) requires the Planned Development to demonstrate that one or more of
the listed purposes can be achieved from the proposed development. The applicant has provided a
thorough response to each of the listed purposes in the Revised Project Narrative. The applicant has
reasonably demonstrated how this development can achieve the following objectives:
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
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Provision of necessary commercial facilities that are conveniently located to housing. The proposed
revisions to the ODP ensure commercial facilities will be provided within PA-1, as residential uses are
required to be located above the first floor of all buildings. The ODP reserves at least 70% of the first
floor for retail uses that will generate needed revenue for the Town.
Innovation in residential and commercial development so that the growing demands of the area
population may be met by greater variety in type, design and layout of buildings and more efficient use
of open space. The Foxfield Town Center mixed use development has the ability to accommodate
multiple uses within the same building, which will result in more efficient use of open space. To
maximize the open space within the development, the ODP will permit parking to be accommodated via
a below grade parking structure. The proposed PD aims to meet the growing demands of the area
population by providing a multi-family housing option that is not currently available within the Foxfield
community. The applicant has also stated that optimizing open space by placing parking below grade is
only financially feasible if the costs can be offset via the residential component of this development.
A better distribution of induced traffic. The ODP prohibits vehicular access from E. Costilla Avenue
except for limited emergency access, as needed. The applicant has also stated that the proposed
access points on S. Lewiston Way are an improvement over the existing PDP, which permits access to
PA-2 from S. Lewiston Way.
10. The applicant adequately demonstrates that the proposal is feasible and complies with all adopted
development standards set forth in the official development plan and other requirements of this Chapter. In
cases of conflicting provisions, the more restrictive shall apply.
Staff Comment: Staff generally sees evidence that the applicant has demonstrated that the proposal is
feasible and complies with applicable development standards. Where appropriate, the ODP includes
references to various sections of the development standards with which the Foxfield Town Center will also
comply (refer to the Design Standards on sheet 4 of the ODP). The applicant notes in the Criteria
Conformance Memo that the applicant sought to create new land use and development standards for a
mixed-use development that would be successful and competitive in the marketplace. ODP requirements are
intended to ensure development of a project that has the ability to adapt to changing market conditions.
However, the ODP does not comply with building height standards, principle permitted uses, the requirement
to enter into an Improvement Agreement at the time of final subdivision plat, or the submission of a revised
drainage plan. The ODP permits a maximum building height of 70 feet within PA-1; the current zoning
restricts buildings to 25 feet. Medical/Dental Offices remain on the list of permitted uses in PA-2. Note that
the ODP does include the requirement for an Improvement Agreement, however the time indicated is “at the
time the Final Development Plan is approved” rather than at the final subdivision plat.
Page 11
C. Board Action
POTENTIAL MOTIONS FOR THE BOARD’S CONSIDERATION: Below are the possible motions regarding
the PD Zoning/Official Development Plan application. These motions may be amended by the Board as
necessary.
a. The Town Board finds that the proposed PD Zoning and Official Development Plan is in substantial
conformance with the applicable review criteria and APPROVES the application as submitted. Town
staff shall prepare the required ordinance for Board approval.
b. The Town Board finds that the PD Zoning and Official Development Plan is in substantial conformance
with the applicable review criteria and moves to APPROVE the application subject to the following
conditions:
(The Board may modify, remove or add conditions as needed)
1) The ODP shall define all of the following stipulations in respect to the permitted building heights:
 Building heights in PA-1 shall not exceed an elevation plane of ________ feet, a maximum
building height of 70 feet, or four stories above finished grade (whichever is less).
 Building heights in PA-2 shall not exceed an elevation plane of ________ feet, a maximum
building height of 35 feet, or two stories above finished grade (whichever is less).
2) Permit and access control line (A-line) applications have been submitted and are currently under
review by CDOT; final approval of CDOT permit must be obtained.
3) The Official Development Plan along with any additional plans, studies or reports shall be modified
to address the following:
a. Prior to recordation, the following note shall be included on the ODP: “No building
permits shall be issued on PA-2 until CDOT has approved access from S. Lewiston
Way.”
b. The Public Improvements section of the ODP shall be amended in the first paragraph to
read that the Improvement Agreement shall be executed at the time of final subdivision
plat.
c. All staff redlines shall be addressed. This shall include new redlines that are required
as a result of revised or new information.
4) The applicant shall submit a copy of the most recent drainage report and drainage plan sheet.
c. The Town Board finds that the proposed PD Zoning and Official Development Plan is not in substantial
conformance with the applicable review criteria and moves to DENY the proposed Foxfield Town
Center PD Application.
ATTACHMENTS:
 Revised ODP Set
 Anadarko Letter RE: Conditional Withdrawal of Objection
 Revised Project Narrative
 Applicant Response to Remaining Issues
 ODP Criteria Conformance Memo
 Revised Conditions Status Table
Page 12
5-20-16 Staff Report
Status Table RE: Conditions of Approval
Staff Report
Section
Reference
Condition
Status
C.I.2.b.i
The property owner shall resolve all issues with
Anadarko Petroleum Corporation and submit a
letter in writing from Anadarko stating resolution
of the objection to the Master Plan Amendment
and Official Development Plan approval.
Addressed
on May 2,
2016
C.I.2.b.ii
The applicant shall enter into an Improvement
Agreement to ensure the provision and
construction of public improvements, off-site
infrastructure, and on-site amenities.
Unresolved
C.I.2.b.iii
The Official Development Plan along with any
additional plans, studies or reports shall be
modified to address:
Staff Comment
On April 14, 2016 Anadarko provided a letter withdrawing their initial
objection to the current land use application. However, this
withdrawal is conditional on a notification of future development
applications. Unfortunately the Town code does not require
notification of mineral rights owners during the subdivision or final
development plan applications. Therefore, the applicant added a
statement to the cover sheet of the ODP that will require notification
of all mineral estate owners.
A public improvements agreement shall be executed prior to the
recordation of the required final subdivision plat. A narrative related to
this topic is provided in the ODP under Public Improvements. However,
the ODP states that this agreement shall be executed at the time of
the final development plan rather than at the time of final subdivision
plat as is required.
C.I.2.b.iii.a
The provision of safe pedestrian connectivity
between PA-1 and PA-2. The ODP shall clearly
state that safe and convenient pedestrian access
between planning areas shall be provided.
Addressed
on 4/1/16
C.I.2.b.iii.b
State that any reduction credits to the required
minimum open space shall only be for facilities
that are open to the general public or semi-public
(i.e., for the residents of the development).
Addressed
on 4/1/16
See note #4 under the Development Stipulations Chart on sheet 3.
C.I.2.b.iii.c
The design standards shall specifically state that
vehicular access shall not be permitted between E.
Costilla Ave and the development except to allow
limited emergency services access between the
Addressed
on 4/1/16
See note #5 under Site Circulation on sheet 4.
1
Staff Report
Section
Reference
Condition
Status
Staff Comment
development and S. Lewiston way, as needed.
C.I.2.b.iii.d
To include a comprehensive narrative on utilizes
and shall state that sanitary sewer will require a
main line extension across Parker Road. The
following shall be depicted and clearly labeled on
Sheet 2:
 All existing and proposed water, sanitary sewer Unresolved
and storm sewer lines and easements. The
general proposed alignment of the sanitary
sewer lines and the widths of the easements
per ACWWA requirements.
The applicant has added a new utility sheet with the above
information; however, there are minor redline revisions requested by
the Town Engineer. A revised drainage plan and report must be
submitted so redline revisions can be confirmed.
 The location of the wastewater extension line
and the existing lateral line on the west side of
Parker Road.
Addressed
on 4/1/16
C.I.2.b.iii.e
Resolve all conflicts between existing and
proposed easements and the apparent callout
discrepancy (sheet 6) for the sanitary sewer that is
pointing to what appears to be a waterline.
Addressed
on 4/1/16
Sheet 5 of the ODP depicts and calls out the 8” sanitary sewer line. A
note has also been included to state this utility line will be bored under
Parker Road and will connect to the existing manhole (MH) at
Cornerstar.
Resolved—refer to ODP sheets 5 and 7.
C.I.2.b.iii.f
With respect to development phasing the ODP
shall:
 State that utilities will need to be extended to
the development, across PA-1 and to PA-2
prior to any building permits being issued by
the Town
Addressed
on 4/1/16
 Address the infrastructure improvements
related to the agreement with the Jehovah’s
Church and Foxfield Village Center.
Addressed
on 4/1/16
Clarification statement is provided in 4/13/16 ‘Applicant Response to
suggested Staff Report Approval Conditions (page 3)’
 Require construction of the proposed trail with
the first development phase (regardless of the
planning area).
Addressed
on 5/2/16
The statement provided in the ODP does not clearly state that the trail
will be constructed as part of Phase 1. The applicant states they are
unable to commit in this ODP that the public trail shall be constructed
as part of the first phase of development, as it would be untimely.
2
Staff Report
Section
Reference
Condition
Status
 State that sidewalks along S. Lewiston Way,
parking areas, open space, landscaping, and
pedestrian connectivity may be permitted to
be constructed in phases, as long as the
minimum requirements correlate to the needs
of the specific planning area as determined by
Town staff at the time of the Final
Development Plan Application. In the event
that phasing occurs within an individual
planning area an equal portion of the above
listed items shall be developed for each phase.
Addressed
on 4/1/16
C.I.2.b.iii.g
Medical/Dental Offices or Clinics shall be removed
from the permitted principal uses list in PA. These
uses may be listed as an accessory use in PA-2.
Unresolved
C.I.2.b.iii.h
The ODP shall require a revised and/or updated
traffic study with the Final Development Plan
application.
Addressed
on 4/1/16
The applicant has stated that removing Medical/Dental Offices from
the permitted uses in PA-2 will not provide the flexibility that may be
needed to address future changes in market conditions and still
provide a quality development for the Town of Foxfield. Therefore, the
applicant is requesting that the Board consider approval of the ODP
with this remaining as a permitted use in PA-2. The applicant has also
pointed out that Laboratories have been removed from the permitted
uses list within PA-1.
A detailed study of the traffic impacts is required as part of an FDP
application.
C.I.2.b.iii.i
Revise the Site Circulation Design Standards
(parking design) section of the ODP to reference
Section 16-3-50 and state that surface parking is
permitted.
Addressed
on 4/1/16
See note #3 under Architecture on sheet 4.
C.I.2.b.iii.j
The ODP shall establish standards regarding the
permitted locations and architectural
requirements for loading areas and refuse
enclosures. Screening methods and permitted
locations for mechanical equipment and other
outdoor storage areas also needs to be defined.
Addressed
on 4/1/16
3
Staff Comment
Staff Report
Section
Reference
Condition
Status
Staff Comment
C.I.2.b.iii.k
Addressed
Ensure that a portion of the development will be
reserved for those uses that generate sales tax for on 5/2/16
the Town. The ODP shall be revised to ensure that
the ground floor (or the following percentage of
the ground floor _____) is reserved for uses that
generate sales tax. Each use shall state the floor
level where it is permitted (i.e. ground floor or any
floor above the ground/plaza level.)
C.I.2.b.iii.l
Maximum square footage limits for an individual
retail tenant shall be added to the ODP.
Addressed
on 4/1/16
The ODP also states under the PA-1 Principal Uses that the total square
footage permitted for any individual retail tenant will be limited to
50,000 SF.
C.I.2.b.iii.m
Architectural standards shall list out the materials
that are considered durable, low maintenance and
project high quality.
Addressed
on 4/1/16
C.I.2.b.iii.n
Architectural standards shall be modified to
require more than just the minimum code
requirements and/or shall be indicative of the
buildings depicted within the 3D Model Views.
Standards shall include glazing/window
transparency/display windows, variety of materials
and colors, distinctive roof forms, change in
vertical plane, and architectural elements (i.e.
canopies, porticos, arches).
Addressed
on 4/1/16
The architectural standards in the ODP have been revised from the
previous version and now require a minimum of 60% window
transparency along ground floor facades and changes in
materials/colors. The FDP will also be required to address the
minimum architectural design elements located in Section 16-3-130.
C.I.2.b.iii.o
Require a minimum amount of plaza space to be
provided (particularly in PA-1) with minimum
standards for items like benches, trees/landscaped
areas, bike racks, trash receptacles, etc. within
required plaza areas.
Addressed
5/2/16
The applicant revised the ODP to require that at least 5% of the
development open space will be plaza areas for the use of residents
and visitors to this development, if residential and hotel uses are
constructed.
C.I.2.b.iii.p
Provide minimum requirements for private
outdoor space (i.e. balconies, patios, or similar) for
each multi-family dwelling unit.
Addressed
on 4/1/16
See note #3 under Open Space on Sheet 3.
4
The ODP states under the PA-1 Principal Uses that 70% of the ground
floor area shall be reserved for retail, restaurant, drinking
establishment/bars or similar sales tax generating uses.
Staff Report
Section
Reference
Condition
Status
Staff Comment
C.I.2.b.iii.q
Provide a minimum standard width for all
sidewalks within the development, not just those
within S. Lewiston Way.
Addressed
on 4/1/16
C.I.2.b.iii.r
Provide limits on permitted number of stories,
and/or building elevations demonstrating the
proposed bulk/mass requirements of this ODP.
Maximum building heights within PA-1 should be
reduced to be no more than _______ feet.
Unresolved
C.I.2.b.iii.s
Provide a narrative regarding the proposed
organizational structure for ownership and
maintenance of proposed common elements.
Addressed
on 4/1/16
C.I.2.b.iii.t
Revise the trail alignment and provide a dedicated
trail easement outside of the existing ACWWA
easement.
Addressed
on 4/1/16
See note #4 under Site Circulation on sheet 4. Please note that the
applicant has also revised the ODP to state that the 5-foot wide
sidewalk along S. Lewiston Way will only be constructed if the
pedestrian bridge is constructed.
The applicant has provided a detailed written explanation in Revised
Project Narrative (pages 3-4) to reiterate why the proposed building
heights are necessary for this mixed-use development concept.
Included in this narrative are references to other existing mixed-use
developments that were researched by the development team. The
applicant has also made a case that a majority of the parking will need
to be located underground to maximize the commercial retail
component of the project; and that structured parking is only
financially feasible with the proposed residential density of 12 DU/Ac.
The applicant provides an approximate breakdown of floor heights for
a mixed-use building (refer to paragraph 4). The ODP does not address
a maximum building height elevation nor does it set a maximum
number of stories above grade.
The applicant has revised the language under Public Improvements on
sheet 4 of the ODP stating that the applicant will enter into an
Improvement Agreement to ensure the maintenance of common areas.
The written narrative also discusses how a metropolitan district can
finance construction improvements and maintenance of common
areas, pedestrian facilities, and internal roads as well as the proposed
trail. Both the ODP and narrative stop short of stating that a Metro
District is the proposed organizational structure for ownership and
maintenance.
The ODP states that the Improvement Agreement will set forth
responsibility for trail construction and maintenance. The proposed
alignment of the trail within the ACWWA easement should only remain
as a concern if the Town is responsible for maintenance.
C.I.2.b.iii.u
All redlines shall be addressed. This shall include
new redlines that are required as a result of
revised or new information.
Ongoing
5
May 2, 2016
Carrie McCool, Principal
McCool Development Solutions, LLC
4383 Tennyson Street, Unit 1-D
Denver, CO 80212
Foxfield Town Center-Project Narrative
The Foxfield Town Center Partners LLC) is requesting Planned Development zoning to allow flexibility not
possible under standard zone districts of Large Lot Rural Residential or Village Commercial. This higher
quality development will demonstrate the purposes listed in Town Municipal Code, Section 16-2-70a:
1) The provision of necessary commercial facilities conveniently located to housing;
2) The encouragement of innovations in residential, commercial development so that the growing
demands of the area population may be met by greater variety in type, design and layout of buildings
and by the conservation and more efficient use of open space ancillary to said buildings;
3) A better distribution of induced traffic on the streets and highways;
4) Conservation of the value of the land
5) Preservation of the site’s natural characteristics.
1. The provision of necessary commercial facilities conveniently located to housing.
The property is bisected by South Lewiston Way which has limited the ability to attract certain
developers and/or builders or anchor tenants from locating at this site. The owner of this
property is committed to advancing the development of the property and providing the Town of
Foxfield with an opportunity to substantially increase its commercial and property tax base, by
providing a commercial retail, residential and senior housing mixed use, currently unavailable
within the Town. A positive potential for this multi-use development consisting of the
commercial and residential uses is integrated into the Town via the Town’s trail system.
One conceptual plan layout illustrates the potential for a pedestrian bridge over South Lewiston
Way as one method to provide access to the retail and restaurant establishments in PA-1 from
PA-2 as well as to a proposed pedestrian trail. Pedestrians would be able to utilize the
commercial establishments within PA-1 from PA-2 without necessarily having to drive onto
Arapahoe and Parker Roads to do so as well as have direct access to the trail. Another method to
provide access to the retail and restaurant establishments in PA-1 from PA-2 as well as to the
pedestrian trail contemplates the construction of a minimum 5’ paved walk that connects PA-2
to the trail that in turn connects to PA-1 through an underpass below S. Lewiston Way (which
Foxfield Town Center Partners LLC will agree to do with conditions.) “Safe and convenient
PLANMARK DESIGN LLC/ P.O. Box 202411, Denver, CO 80220/ 720.232.5081
May 2, 2016
Page 2
access” will need to be addressed at the FDP level and will vary depending on the final layout
and approved uses.
2. The encouragement of innovations in residential, commercial development so that the
growing demands of the area population may be met by greater variety in type, design and
layout of buildings and by the conservation and more efficient use of open space ancillary to
said buildings.
The Foxfield Town Center ODP provides the opportunity to develop up to 170,000 SF of retail
uses (sales tax generating space) and a maximum of 12 dwelling units per acre in Planning Area
1 (PA-1). Besides providing neighborhood convenience retail, some of this space could be used to
provide recreational uses (such as a small fitness center for the residents) or educational uses as
well as space for Town administration and public gatherings.
The Foxfield Town Center ODP provides the opportunity to develop residential uses such as
(senior housing) up to 20 dwelling units per acre in Planning Area 2 (PA-2). The senior housing
component provides a compatible transitional use that will buffer the existing rural community
from the residential and commercial uses planned to the west of South Lewiston Way. The
Town’s Economic Forum identified senior housing as a desirable use and the applicant’s
independent market study for this property confirmed a demand for this type of housing. The
concept plan illustrates one scenario for this use based on research from similar type built
projects in the metro area by developers such as Sunrise, Brookdale, Cranbrook and Morningstar
where centers built on approximately 3 acre sites ranged in size from 60 units to 125 units.
The concept plan for this ODP has purposely not offered a typical plan that separates uses into
individual commercial pads or caters strictly to traffic on the nearby major roads. Instead, the
goal is to provide a truly mixed use development that offers residential uses within the same
buildings as retail, office and restaurants. With the hope of creating a true Town Center for
Foxfield, it was important that this new neighborhood provided housing types that are not
currently available in Foxfield including senior living in a site layout that provided sidewalks,
outdoor plazas and water features as the highest and best use of the open space on the site.
Placing the majority of parking under the buildings allows for more useful open space for
residents and visitors.
3. A better distribution of induced traffic on the streets and highways.
This ODP provides a number of improvements over the existing zoning related to traffic. Past
plans necessitated access to portions of the site from the existing residential neighborhood. The
Foxfield Town Center ODP designates all public access points from S. Lewiston Way. This will
require a full turn intersection on S. Lewiston Street further improving the traffic circulation from
the development by allowing residents and visitors to access both parcels from two directions
without cutting through existing residential neighborhoods.
May 2, 2016
Page 3
4. Conservation of the value of the land.
The value of the land is in its high visibility location adjacent to existing retail development and
the residents of Foxfield. The highest and best use of the land contemplates a development that
provides revenue to the Town of Foxfield as well as public benefits to the residents through trail
connections, gathering places, and convenient neighborhood services.
5. Preservation of the site’s natural characteristics.
The site has experienced complete physical disturbance from the construction of the ramps
associated with the Parker/Arapahoe Interchange. While no natural characteristics remain, the
opportunity exists to construct the site to create the most beneficial development for the Town
of Foxfield.
The proposed development will help achieve the Goals and Policies identified within the
Comprehensive Plan.
The Foxfield Town Center ODP falls within the Parker Road Sub-Area that was subject to the
Town Master Plan Amendment #2 approved in 2008. The goals and policies related to the subarea consist of providing an alternative to single family development that would be heavily
impacted by Parker Road, raise sales tax revenues for the Town for purposes of infrastructure
improvements and property tax relief, and create a development buffer for interior single family
lots along South Parker Road. All of these goals are achieved through the Foxfield Town Center
ODP. In addition, this Amendment achieves the Town’s stated objective to obtain a trail link
between Norfolk Court to the Arapahoe Road and Parker Road intersection. The Foxfield Town
Center ODP commits to providing this trail link with conditions at an appropriate time.
Other community wide planning policies include the land use policy of recognizing the
Arapahoe/Parker intersection as a prime area to provide adjacent residential properties, not
allowing cut through traffic to the neighborhood and to encourage creative and flexible planning
for remaining undeveloped land. The Foxfield Town Center ODP responds positively to these
policies.
Additional Information related to specific issues:
Building Height
Successful mixed use development (a goal of the applicant and Town Economic Development
Forum) is only achieved in multi-story structures that mix retail, office and residential uses.
Market analysis performed for the Foxfield Town Center location indicates a demand for
additional retail, office and residential uses including senior housing.
May 2, 2016
Page 4
A “concept plan” was prepared internally by the applicant to serve as a tool to inform the
content of an ODP zoning document to allow for a true mixed use development. The “concept”,
typically not part of a zoning document, represents only one possible scenario that illustrates the
highest and best use of the property by creating the flexibility to respond to the demands of the
real estate market.
The concept plan is based on studies of other successful mixed use developments within the
metropolitan area. While the exact mix of the amount of each use may vary for each project and
its location, there are often certain minimums of each use that are required in order to create a
feasible development. One goal for Foxfield Town Center was to maximize the commercial retail
component of the project in order to generate the sales tax revenue for the Town of Foxfield. To
achieve this, the “concept plan” maximizes the limited amount of area of Planning Area 1 (PA-1)
for commercial use, by placing the majority of parking underground which only becomes
financially feasible if residential units are maximized as well. For PA-1, this resulted in allowing a
density of 12 du/ac and a building height of 70’.
This height was determined by researching the current industry standards for high quality
development of retail, office, and residential uses. Similar built projects in the metropolitan area
were researched. The mixed use project at Dry Creek Road and I-25, called Vallagio most clearly
resembles the high quality development contemplated. Vallagio is a mixed use project with loft
style residential use and underground parking. The mixed use building has the approximate
breakdown for floor heights: retail commercial levels vary from 12’-24’ based on grading, three
residential floors at 11’ (including mechanical and structural floor elements) with an 11’ high
residential style pitched roof for a total maximum height of 69.5’. Zoning permits a maximum
height of 100’. Other mixed use projects at I-25 and Hampden (60’- flat roof) and in Boulder (64’flat roof) were examined, but were considered undesirable in light of the high quality
development envisioned. This scenario has been illustrated in a 3D model that placed the
finished grade for PA-1 buildings at 8’ – 10’ below the existing grade and the finished grade for
PA-2 buildings at 16’ – 18’ below existing grade, though the ultimate final grades for both PA-1
and PA-2 buildings will have to be determined during the Final Development Plan approval
process.
Viewpoints were established from two locations within the public right-of-way of S. Norfolk St.
per the Town’s Master Plan. Two adjacent property owners also identified the locations for each
of their viewpoints. One property owner had views of the property that were already obstructed
by her own as well as adjacent property owner landscaping. The other property owner had a
view of the property which was also obstructed by his/her own existing landscaping in addition
to a view of the property which is temporarily unobstructed until such time as additional pine
trees planted on his/her western boundary grow to full potential. He/she additionally have a
garage on their property on their western boundary which obstructs their southwesterly views.
Pedestrian Access
Under the heading of Site Circulation in the ODP, we have added the statement that:
“Safe and convenient pedestrian connection between planning areas would be provided
should residential uses be constructed on both planning areas at the proposed densities. This
May 2, 2016
Page 5
is defined as a pedestrian route that is continuously paved and clearly marked to indicate the
location to cross S. Lewiston Way. Connection of the proposed sidewalk to the trail that
passes under S. Lewiston Way will require the Town to grant right-of-way use permits, or
temporary construction easements, as needed, to complete the construction of the trail or
sidewalks on Town Center property. The trail as shown on the plans is mainly located on the
Foxfield Town Center property. Necessary easements and permits related to the trail and
connections will be evaluated during the FDP process once exact locations have been
determined. The final design would be illustrated on the Final Development Plan.”
Vehicular Access
Complying with the Town’s desire to prohibit vehicular access to PA-2 from E. Costilla Avenue
and provision of additional site access for emergency (fire department) response requires the
ODP to indicate the location of two access points on PA-2 along S. Lewiston Way. PA-2 access is
described as right-in/right-out (the additional access per fire department requirement located on
north side of PA-2) and full-movement access (located across from the full-movement access
established for PA-1). Access along S. Lewiston Way is controlled by the Colorado Department of
Transportation (CDOT) and PA-2 access is the subject of an access permit and access control line
(a-line) modification application currently being reviewed by CDOT. The applicant’s team is
aware of access application requirements and has met with CDOT’s access engineer several
times over the past year to discuss proposed site access including access design requirements.
These discussions have included CDOT procedures for permitting of site access and modification
to the established a-line located along the west side of PA-2. Every indication, either verbal or
written, is that CDOT has no objection to site access being proposed for PA-2. It is understood
that the only item needing resolution at this time in order for CDOT to process site access permit
applications is approval of the requested a-line modification. CDOT has described how approval
of such an a-line modification needs review and approval by all of CDOT specialty units, CDOT
management and the Transportation Commission. CDOT also describes how the a-line
modification is lengthy and could take up to a year to complete. Through recent conversation
with the applicant’s team, CDOT has requested submittal of the a-line modification request to
continue the review and approval process, which a-line modification request has been submitted
by applicant.
Utilities
The applicant has initiated multiple meetings with ACWWA prior to the Cornerstar development
and the CDOT interchange construction. Agreements exist with ACWWA which dictate that once
sanitary service is available to the east side of Parker Road properties in addition to this project
will be connected to the new system. These discussions will continue with ACWWA and will be
described in further detail as this proposal is advanced. The applicant has continued to plan the
extension of the sanitary sewer bored under Parker Road in a similar manner as the water line
was bored for the CDOT interchange.
The existing water lines (along the perimeter of this project) were upgraded as a result of the
CDOT interchange. Off-site detention (within the loop ramp infield) in addition to the box culvert
was designed and constructed which incorporated the imperviousness planned for this site and
the upstream tributary basin.
May 2, 2016
Page 6
Metropolitan District
Typical of mixed use development projects is the creation of a metropolitan district. These are
special purpose districts that finance improvements and which provide two or more
governmental functions or services, which can include maintenance of common areas, a
pedestrian overpass, trails, street and road construction, maintenance and repair; signalization;
and park and recreation services including trail maintenance. The final development plan for
Foxfield Town Center will be the phase of the development process where the Improvement
Agreement between the Town and developer will be detailed along with the provisions for a
metropolitan district.
The metropolitan district is governed by an entirely separate Board of Directors consisting of five
property owners or persons residing within the district. The metropolitan district will hold
separate elections from the elections for Town offices. The formation of a metropolitan district
would provide flexibility in the provision of governmental services, which could be done in a
number of ways including intergovernmental agreements between the Town and the
metropolitan district.
Tax Revenue
The applicant retained Economic Planning Systems to analyze the concept plan and provide an
estimate for sales tax revenues that could potentially be generated by the development. Here are
the tables for Sales Tax projections:
Foxfield Town Center Projected Sale Tax Revenue
Description
Retail
Sq. Ft.
Sales per Sq. Ft.
Gross Sales
% Taxable*
Taxable Sales
Sales Tax Revenue*
44,070
$250
$11,017,500
90%
$9,915,750
$371,841
Restaurant
Total
12,000
$350
$4,200,000
100%
$4,200,000
$157,500
56,070
$15,217,500
$14,115,750
$529,341
*Sales Tax Rate 3.75%
*90% taxable for retail assumes some non-retail uses
May 2, 2016
Page 7
Lodging Tax Projection
Maximum Hotel Rooms
Average Rate*
Occupancy Rate *
Total Lodging Tax (Arapahoe County)
Portion to Town
Projected Annual Revenue
120 rooms
$135
68.3%
12.25%
8.00%
$323,244
*State of Colorado Hotel Statistics Report 2014
This narrative summarizes the ODP application’s compliance with code policies, master plan policies and
provides discussions on specific issues identified by the Town Board requiring more detailed information.
Yours truly,
PLANMARK DESIGN LLC
Mark E. Nemger, AICP
Principal
May 2, 2016
Carrie McCool
Town Planner, Town of Foxfield, Colorado
4383 Tennyson Street Unit 1-D
Denver, CO 80212
RE
Remaining Issues: Foxfield Town Center ODP
Dear Carrie,
In our discussions with Brea Pafford and Cheryl Kuechenmeister on April 12, 2016, we were able to identify
certain remaining issues about which the Town had a concern. We reviewed those concerns and
responded with our letters of April 13 and 14, 2016.
Additionally, we received from Brea a copy of the 2-17-16 Staff Report Status Table RE: Conditions of
Approval and proposed redlined revisions to the ODP, and the SEH Engineering Review for Foxfield Town
Center 04-08-2016 with proposed ODP redlines, Phase I Drainage Report and Project Narrative Revisions.
This is in response to the issues raised as well as to the submittals by the Town.
1. Anadarko Letter
Regarding the request for a revised letter from Anadarko, the revised Letter from Anadarko dated
April 14, 2016 to Brea Pafford, Town Planner, is attached.
2. Minimum Plaza Area Requirement
Typically open space requirements limit the amount of impervious surfaces, however, to
accommodate the Town’s request for a minimum of hardscaped plaza areas, we propose: A
minimum of 5% of the open space area must be plaza areas for use by the residents and guests if
residential or hotel uses are constructed. This note has been added to the ODP.
3. Pedestrian Connectivity
You acknowledged that we offered options for connectivity based on our ODP. We clarified that a
section of sidewalk shown on the west side of S. Lewiston Way in PA-1 would only be constructed
in the event that a pedestrian bridge was built over Lewiston Way.
For further clarification, connections to the public trail will be provided through the internal
sidewalk system in PA-1 or PA-2.
May 2, 2016
Page 2
One scenario for PA-1 is depicted in the Concept Plan on Sheet 2 of 7. One scenario for PA2 is depicted in the Concept Plan on Sheet 2 of 7.
The new descriptive phrase on Sheet 2 of 7 of the ODP now reads for the potential trail and
PA-1 connection as follows:
“Potential Pedestrian Connection to Public Trail and PA-1. This trail connection may be
replaced with a suitable alternative as approved with the Final Development Plan.”
And this note added on Sheet 5 of 7:
“Potential Pedestrian Bridge Connection to Public Trail and PA-1. This trail connection may
be replaced with a suitable alternative as approved with the Final Development Plan.”
4. Building Height
The Town prefers that this ODP establish a maximum elevation above sea level for all structures
rather than a maximum building height in feet. Upon further review of grading issues regarding the
development, however, and in an effort to build in flexibility to obtain a high quality development
which is commercially feasible, building heights in the ODP remain at 70 Feet in PA 1 and 35 Feet
in PA 2 based upon final grading, drainage, building architecture and proximity to adjacent
roadways and access locations.
The Building Height Narrative in the Revised Foxfield Town Center – Project Narrative dated May
2, 2016, addresses this issue.
5. Tax Revenue- Lodging Tax
In addition to retail sales tax revenue, the hotel use permitted in PA-1 would generate lodging tax
revenue. This projection is now provided in the Project Narrative. The ODP use permitted in PA-1
is 120 rooms.
6. Tax Revenue-Property Tax
Property Tax Projections have been removed from the Project Narrative per Town Planner request.
7. Tax Revenue- 70% of ground floor space
The EPS calculation for retail and restaurant revenue is based on our concept plan; however, we
have adjusted the calculation to assume a minimum of 70% of the first floor is generating sales tax
revenue from retail and restaurant use.
We have deleted the proposed redlined language under Paragraph B. Planning Area Land Uses;
Planning Area 1 (PA-1) Principal Permitted Uses; on Sheet 3 of 7 which reads as follows:
May 2, 2016
Page 3
“A minimum of 70% of all ground floor area in habitable structures shall be used for
generation of sales tax revenue.”
We have inserted the following proposed redline language in its place as requested:
“A minimum of 70% of all habitable ground floor/plaza level shall be reserved for retail,
restaurant, drinking establishment/bars or similar sales tax generating uses.”
The proposed redlined revision adding the word “uses” under the Development Stipulation
Chart on Sheet 3 of 7 has been added to the ODP.
8. Metro District
Language regarding discussion of new residents generated by this development has been
removed from the Project Narrative per Town Planner request.
9. Access Language for ODP
We have added the following note to the ODP:
“The Official Development Plan shows two access points to PA-2 from South Lewiston Way;
the precise location of each access point will be determined through the final development
plan process. (See sheets 2 and 5 of the Foxfield Town Center ODP). These access points
will require two breaks in the controlled access line (“A-Line”) originally approved by the
Colorado Department of Transportation (“CDOT”) because South Lewiston Way provides
access from South Parker Road. Approval of the breaks in the A-Line by CDOT and the
Federal Highway Administration will be required and is expected by the applicant.”
10. Mineral Estate Holder Language for ODP
We have deleted Item #2 under Specific Notes on Sheet 1 of 7 of the ODP per the proposed
redline revision and have added the following paragraph under Development Schedule on ODP
Sheet 1 of 7 and not the proposed redline revision.
MINERAL RIGHT OWNER NOTIFICATION
“No less than thirty days prior to the date scheduled for the first public hearing on the
application for approval of a Final Development Plan or Subdivision Plat, Applicant shall
provide notice to mineral estate holders as required in section 24-65.5-103, C.R.S. Any
development objections submitted to the Town from mineral estate holders shall be
resolved by the Applicant prior to final approval.”
11. Improvements Agreement Language for ODP
We have deleted the phrase “developers agreement” in the second paragraph under Public
Improvements and inserted the phrase “Improvement Agreement”.
May 2, 2016
Page 4
We have added the following paragraph after the last paragraph under Public Improvements:
“All expenditures called for by the Improvement Agreement are for “Public or Public
Related Purposes” as defined by Section 4-5-30 of the Town Code or its successor
provisions including without limitation all expenditures for pedestrian bridges and that
portion of the trail system dedicated for public use within the area subject to the
Improvement Agreement. These expenditures for Public or Public Related Purposes
pursuant to the Improvement Agreement shall be eligible for incentives from the Town on
an equal basis as any similarly situated development within the Town of Foxfield; such
incentives shall include but not be limited to the “Enhanced Sales Tax Incentive Program”
(ESTIP”) established under Section 4-5-10 of the Town Code or its successor provisions.”
We were unable to adopt the proposed redline revision to the first paragraph under Public
Improvements on ODP Sheet 4 of 7 in that the appropriate time to enter into an Improvement
Agreement is at the time the Final Development Plan is approved.
12. Construction of the Proposed Trail - Language for ODP
The paragraph under Development Schedule on ODP Sheet 1 of 1 has been deleted in its entirety
and the following paragraph has been substituted in its place:
“Phases for development will be depicted in the Final Development Plan. Utilities shall be
extended to the development across PA-1 and to PA-2 prior to any building permits being
issued by the Town. The trail location will be identified on the approved FDP of PA-1. The
construction of the trail will commence after the utilities, buildings and improvements in PA1 are in place.”
Our Team has concluded that we are unable to commit in this ODP that the public trail shall be
constructed as part of the first phase of development after all utilities have been installed;
consequently, we are unable to adopt the proposed relined revisions on Sheet 1 of 1 of the ODP
which pertains to this issue.
Our Team has further concluded that we must first address the constraints associated with the
Foxfield Town Center Development within PA-1 before designing the trail, including but not limited
to the final grading, trail location and required retaining walls as well as the trail’s proximity to
buildings, fences, walls, drainage facilities and utilities. We must also ensure the completion of the
infrastructure improvements, building construction, and wall/fence construction as contemplated in
the ODP and not place at risk, in any way, the planned location, size, density, and configuration of
the development because of the trail. Constructing the trail at the time utilities are extended but
before buildings and improvements are in place puts the cart before the horse and allows the tail to
wag the dog.
13. Attached is our Project Narrative, Response to SEH Engineering Review for Foxfield Town Center
04-08-2016 and ODP.
May 2, 2016
Page 5
We will also send to you within the next few days an ODP Criteria Sheet with Applicant support for
compliance.
Yours truly,
PLANMARK DESIGN LLC
Mark E. Nemger, AICP
Principal
Foxfield Town Center ODP
Conformance with Foxfield Municipal Code Section 16-2-80
The following ten items are those review criteria listed in the Town Code used by the Board of
Trustees in evaluating and approving Official Development Plan (ODP) applications. Any
Official Development Plan shall be reviewed to ensure that the general public health, safety and
welfare are safeguarded by substantial conformance to the following applicable review criteria:
(1) The Official Development Plan is consistent with the Town's Comprehensive Plan and
other adopted plans.
Accompanying this ODP Application is an Application for an Amendment to the Town’s
Comprehensive Master Plan which would allow Mixed Use Development Zoning if
approved. The Town’s Economic Forum identified a desire for Mixed Use Zoning as well
as the need to increase tax revenue for the Town.
A more detailed report in support of the conformance of both the Application for
Amendment to the Town’s Comprehensive Master Plan and the ODP Application to the
overall goals and criteria identified in Foxfield Municipal Code Section 16-2-80 can be
found in the Applicant’s Project Narrative dated May 2, 2016. Some of the most relevant
arguments found in that Narrative in support of conformance are set forth below:
The Foxfield Town Center ODP falls within the Parker Road Sub-Area that was subject to
the Town Master Plan Amendment #2 approved in 2008. The goals and policies related to
the sub-area consist of providing an alternative to single family development that would
be heavily impacted by Parker Road, raise sales tax revenues for the Town for purposes
of infrastructure improvements and property tax relief, and create a development buffer
for interior single family lots along South Parker Road. All of these goals are achieved
through the Foxfield Town Center ODP.
In addition, the Comprehensive Plan Amendment achieves the Town’s stated objective to
obtain a trail link between Norfolk Court to the Arapahoe Road and Parker Road
intersection. The Foxfield Town Center ODP commits to providing this trail link with
conditions at the appropriate time.
Other community wide planning policies include the land use policy which recognizes
the Arapahoe/Parker intersection as a prime area to provide commercial uses that are
adjacent to existing residential properties but does not allow cut through traffic to the
neighborhood. The land use policy also encourages creative and flexible planning for
remaining undeveloped land. The Foxfield Town Center ODP achieves these policy
objectives.
For these reasons as well as for those additional reasons set forth in the Applicant’s
Project Narrative dated May 2, 2016, the Official Development Plan is both consistent
with and substantially conforms to the Town’s Comprehensive Plan and other adopted
plans.
(2) The Official Development Plan achieves the stated objectives of the Planned
Development District by allowing for the mixture of uses and greater diversity of building
types promoting environmental protection, limiting sprawl, improving design quality and a higher
quality living environment, encouraging innovative design involving a variety of housing types
and managing the increase in demand for public amenities.
The Applicant’s Project Narrative dated May 2, 2016, discusses each of these stated
objectives of the Planned Development District in detail. In summary:
This ODP allows for a mixture of uses and diversity of building types which is the main
goal of a Planned Development District. Sprawl and environmental impacts are naturally
limited, and environmental protection promoted, by the increased density, compact site
design and energy efficiency that the ODP promotes. Quality design and a higher quality
living environment will be achieved through the creation of a true Mixed Use Town
Center which encourages innovative design involving a variety of housing types with set
requirements for architectural massing and materials and treatment of open spaces. The
ODP specifies ratios for providing site amenities such as benches, bike racks, trees and
plaza areas that both addresses the increase in demand for public amenities and results
in a high quality environment for both residents and visitors. Internal pedestrian
connections will link to the completion of the public trail segment through this property.
For these reasons, the Official Development Plan achieves and substantially conforms to
the stated objectives of the Planned Development District as set forth above.
(3) The proposed land uses are compatible with other land uses in the development and
with surrounding land uses in the area and the type, density and location of proposed land uses
are appropriate based on the findings of any required report or analysis.
The proposed land uses are compatible with each other within the development because
the concept is to create an urban neighborhood where neighborhood retail and services
are supported by the residents living in the units above the commercial uses, by
residents and visitors of the senior center and by hotel guests should this use be
constructed.
Additionally, the proposed commercial land uses are compatible with the adjacent
Foxfield Village Center commercial development as well as the surrounding existing
commercial developments on all the other quadrants of the Arapahoe Road and Parker
Road intersection and are of a type, density and location which are appropriate and
necessary to ensure a successful mixed use development. Proposed residential uses are
at a density higher than existing Foxfield rural residential uses but are at a level that is
also appropriate and necessary to ensure a successful mixed use development.
Proposed senior housing also provides a transitional use and buffer between the
existing low density residential uses and mixed use commercial uses. All the proposed
uses meet market demand based on market analysis. Architectural and site planning
standards specified in the ODP will ensure that compatibility is visually maintained
through site design, architectural materials and landscaping.
The ODP proposed land uses comply with and substantially conform to this requirement.
(4) The street design and circulation system are adequate to support the anticipated
traffic and the proposed land uses do not generate traffic volumes which exceed the capacity of
existing transportation systems or that adequate measures have been developed to effectively
mitigate such impacts.
The Traffic Impact Study submitted with this Application provides detailed information
on the existing and background traffic volumes (projected traffic increases without
proposed development traffic) that is then compared and analyzed with the projected
traffic impacts based on the proposed development and general projected traffic
increases. The existing street design, network, and circulation system are adequate to
support the anticipated traffic volume and have the capacity to safely handle all
additional traffic volume with projected numbers extending to the year 2036.
Additionally, adequate measures have been developed to effectively mitigate any
potential adverse traffic impacts to the Town by basing this Traffic Impact Study on a
proposed design which accesses the two planning areas (PA-1 and PA-2) from South
Lewiston Way only, foreclosing any possible connection through the existing adjacent
residential neighborhood from Costilla Avenue. The Traffic Impact Study confirms that
the proposed land uses on PA-1 and PA-2 do not generate traffic volumes which exceed
the capacity of existing transportation systems.
The ODP and Traffic Impact Study submitted with this Application substantially comply
with and conform to this requirement.
(5) The official development plan adequately mitigates off-site impacts to public utilities
facilities and the large lot residential development, which is the predominant land use within
the Town.
The extension of utilities to this site as the project is constructed will allow the adjacent
Foxfield Village Center commercial development to the north and the existing Jehovah
Witness Church to the south to tie into a new sanitary sewer system as well as increase
overall capacities. No off-site impacts to public utilities are anticipated and the improved
connections will result in a more efficient system. The extension of the sanitary sewer
system will also allow the Jehovah Witness Church to the south to transition from an
existing septic system to a new conventional sanitary sewer system; a safeguard in the
interest of the public health, safety, and welfare of the Town.
The Foxfield Town Center ODP property is not suitable for large lot residential
development but is uniquely situated to provide the Town with a mixed use development
due to its visibility and access to the Parker/Arapahoe intersection. This ODP mitigates
off-site impacts by prohibiting development traffic from connecting directly into the
residential neighborhood by way of Costilla Avenue and by providing a 25’ wide
landscape buffer along the east property boundary adjacent to two existing large lot
residential properties. In addition, the ODP limits land uses closest to two existing large
lot residential properties to senior housing or office with building heights matching
authorized residential heights.
It is important to note in this regard that one adjacent property owner (Patterson) had
potential views of the ODP property that were already obstructed by her own as well as
her adjacent property owner’s landscaping while the other property owner (Hopkins) had
a potential view of the ODP property which was also obstructed by his/her own existing
landscaping. The view that the Hopkins do have of the ODP property are depicted in a
viewshed on Sheet 6 of 7 of the ODP which will eventually also be obstructed as
additional pine trees already planted on his/her western boundary in the viewshed grow
to full potential. He/she additionally have a garage on their property on their western
boundary which already obstructs their southwesterly views.
The ODP also sets more stringent architectural standards that specify building forms and
materials that will provide a high quality development. Developing these parcels to their
highest and best use is a benefit to the Town of Foxfield through increased tax revenue,
convenience retail and public amenities including the possible completion of a public
trail segment with conditions.
For these reasons, the ODP adequately mitigates off-site impacts to public utilities
facilities and the large lot residential development land use within the Town and
substantially conforms to this requirement.
(6) The fiscal impacts have been satisfactorily addressed and the Town or special district
will be able to provide adequate levels of service for police and fire protection, street
maintenance, snow removal and other public services or that adequate measures have been
developed to effectively mitigate such impacts.
Mixed use development projects often go hand in hand with the formation of a
Metropolitan District to provide adequate levels of service for police and fire protection,
street maintenance, snow removal and other public services, to all common areas and
public amenities constructed, in order to effectively mitigate any possible fiscal impacts
to the Town or Municipality involved. The creation of a Metropolitan District is discussed
in greater detail in Applicant’s Public Narrative dated May 2, 2016. Applicant
contemplates the creation of a Metropolitan District for this purpose at the appropriate
time. The proposed Mixed Use Development will also generate a significant amount of
sales tax, property tax and potential lodging tax revenue to the Town.
The ODP and Applicant’s Public Narrative dated May 2, 2016 satisfactorily address any
potential fiscal impact to the Town, how adequate levels of public service will be
provided, and the benefits to the Town of increased sales tax revenue and substantially
conforms to this requirement.
(7) Higher levels of amenities, including open spaces, parks, recreational areas and trails,
will be provided to serve the projected population.
The ODP provides for the possibility of the construction of a public trail connection to
the larger community trail network should the ODP be approved by the Town without
limiting the height and density requirements as set forth on the Development Stipulation
Chart on page 3 of 7 of the ODP. The ODP provides the required amount of public plaza
space and amenities which include open space. Very significantly, the Concept Plan
proposed by the Applicant contemplates 54% of the property as open space. Landscape
requirements are also specified for all open space areas including the buffering of
existing residential uses. The internal pedestrian sidewalk network will connect residents
and visitors to the public trail network. Residents will also have a minimum requirement
for private outdoor space.
The ODP provides a higher level of amenities which includes open spaces, recreational
areas and trails to serve the projected population and substantially conforms to this
requirement.
(8) The official development plan preserves significant natural features and incorporates
these features into parks and open space areas.
Due to the construction of South Lewiston Way and the ramp connecting Arapahoe Road
to northbound Parker Road, the site has been completely disturbed through regrading;
therefore no natural features remain to be preserved. Existing circumstances render this
criteria inapplicable.
(9) There are special physical conditions or objectives of development that the proposal
will satisfy to warrant a departure from the standard regulation requirements.
Standard regulations do not meet the Town’s special objectives to provide a Mixed Use
Development for the citizens of Foxfield and maximize the opportunities to increase sale
tax revenues because current zoning promotes a suburban commercial model catering
to the adjacent automobile traffic and regional character of the Parker /Arapahoe
intersection. However, the limitations of the physical site and its configuration require a
departure from standard regulations so that a vertical mix of commercial and residential
uses can be constructed along with underground parking and urban amenities.
The Foxfield Town Center ODP specifies the new regulations and standards by which the
mix of proposed uses is constructed and promotes the Town’s objectives by requiring
that a minimum of 70% of all first level commercial space be reserved for uses that
generate sale tax revenue.
The ODP substantially conforms to this requirement.
(10) The applicant adequately demonstrates that the proposal is feasible and complies
with all adopted development standards set forth in the official development plan and other
requirements of this Chapter. In cases of conflicting provisions, the more restrictive shall apply.
The ODP provides land use and development standards based on a feasible Concept
Plan that the Applicant has created with the assistance of real estate development
professionals, planners, engineers, and market analysts. It is important to note in this
regard that the Town had no land use and development standards for a Mixed Use
Development at the time its Economic Forum identified the need for Mixed Use
Development within the Town; consequently it was incumbent upon the Applicant to
create new land use and development standards for a Mixed Use Development which
would be successful and competitive in the marketplace. Where new standards have not
been specified, the requirements of the Town Code will apply. It is also important to note
that the ODP requirements allow for the appropriate and necessary flexibility to ensure
the ability to develop a project for the Town that has the ability to adapt to changing
market conditions.
The ODP substantially conforms to this requirement.
A NADARKO P ETROLEUM C ORPORATION
M AIN (720) 929-6000
1099 18 T H S TREET, S UITE 1800 •
D ENVER , C OLORADO 80202
April 14, 2016
VIA E-MAIL
Brea Pafford, Town Planner
4383 Tennyson Street, Unit 1D
Denver, CO 80212
brea@mccooldevelopment.com
ANADARKO LAND CORP. CONDITIONAL OBJECTION WITHDRAWAL
Re:
Foxfield Master Plan and Official Development Plan
Township 5 South, Range 66 West
Section 29 (“Property”)
Arapahoe County, Colorado
Ms. Pafford:
Anadarko Land Corp. (“Anadarko”) filed an objection letter dated February 18, 2016,
with the Town of Foxfield (“Town”). Anadarko is the owner of certain mineral resources
underlying all or parts of Section 29, Township 5 South, Range 66 West (“Property”), for
which the Town is reviewing a proposed amendment to the Foxfield Master Plan and an
Official Development Plan.
Since submitting the letter, Anadarko has had the opportunity to discuss the matter
with the Applicant; therefore, Anadarko is willing to withdraw the objection under the
condition that Anadarko receives future notification/s of a Final Development Plan
application. Because no agreement has been reached between Anadarko and the Developer
(together the “Parties”) that covers the Property, upon the Town’s receipt of an application
for a Final Development Plan of the Property, Anadarko requests that the Town make any
approval of said plan conditioned upon an agreement among the Parties.
Please contact me at 832-636-2726 if you have any questions or comments about this
matter.
Sincerely,
ANADARKO PETROLEUM CORPORATION
Don Ballard
Minerals Land Manager
cc:
Jeff Fiske, Lead Counsel
Paul Ratliff
Cliff Schroeder (cpspcms@aol.com)

Staff Report 5-26-2016, Foxfield Town Ce[...]

Transcription

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